I· 

1888. CONGRESSIONAL RECORD-- HOUSE. 1307 

By Mr. MAISH: Petition of Mary Gibson, for increase of Iier pension-to the Committee on Pensions. 

By :Mr. MILLIKEN: Petition of C. M. Bailey and others, for the settlement of international disputes by arbitration-to the Committ~e on 

· Foreign Affairs. 

By Mr. MOFFITT: Memorial of the Eastern Iron Ore Association, 

protesting against any reduction from the present duty on iron ore-to 

the Committee on Ways and 1\Ieans. 

By Mr. ~TEAL: Petition of W. R. Henson, administrator of John Henson, of Sequatchie County, Tennessee, for reference of his claim to the 

Court of Claims-to the Committee on War Claims. 

Mr. NORWOOD: Petition of Mary E. Cullane and Gertrude Power, 

of Harry Hayne, and of Levi Lilienthal, of Georgia, for reference of 

their claims to the Court of Claims-to the Committee on War Claims. 

By Mr. O'DO:N""NELL: Petition of the Central City Soap Company, 

of Jackson, Mich., G. F. D. Bennett, president, for removal of the duty 

on tin-plate-to the Committee on Ways and Means. 

Also, protest of the \Vest Branch Lumberman's Exchange, of Williamsport, Pa., against the repeal of the duty on lumber-to the Committee on Ways and Means. 

By Mr. CHARLES O'NEILL: JoiutmemorialoftheBoardofTrade, 

Commercial, Maritime, Drug, Grocers', and ImpOiters' Exchanges, Vessel-Owners and Captains' Association of Philadelphia, Pa., urging the 

removal of Smith's and Windmill Islands and the shoals, etc., so as 

to hupro>e the channel of the Delaware River-to the Committee on 

Rivers and Harbors. 

By Mr. OSBORl\TE: PetitionOfWilliam Schaus, in regard to the tariff 

on imported works of art-to the Committee on Ways and Means. 

By 1\Ir. PEEL: Petition of Samuel Gollaher, heir of Henry Gollaher, 

of \V ashingtou County, Arkansas, for reference of his claim to the Court 

of Claims-to the Committee on War Claims. 

By Mr. PENINGTON: Petition of William Schaus, on the subject 

of the tariff-t9 the Committee on Ways and M:eans. 

By Mr. RICHARDSON: Petition of P. Y. Butler, administrator of 

T. 0. Butler, of Rutherford County, and of Clement A. Featherstone, 

of Franklin County, Tennessee, for reference oftheir claims to the Court 

of Claims-to the Committee on War Claims. 

By Mr. C. A. RU SELL: Memorial from the authorities of Danielson,ille, Conn., in fa"for of erecting Government post-office buildings 

in places of 3,000 inhabitants or over-to the Committee on Public 

Buildings and Grounds. 

By 1\Ir. SENEY: Petition of A. G. Brown and 20 others, of Seneca 

County, Ohio, favoring the wool schedule as agreed upon by the Wool 

Growers and Woolen Manufacturers' Convention at Washington, January 14, 1888-to the Committee on Ways and Means. 

AJ o, joint resolution of the General Assembly of Ohio, favoring Senate Lill No. 260, to reimburse the States fo:r interest paid on war loansto the Committee on War Claims. 

By Mr. SHAW (by request): Petition of William Schaus, of New 

York, for :pla.cing imported pnintings and sculptures on the free-listto the Committee on Ways and Means. 

By Mr. HENRY SMITH: Petition of Lafayette Brockway, for in-

. crease of pension (House bill6804)-tothe Committeeonim·alid Pension.. . By Mr. SPRINGER: Address to Congress by the constitutional convention ofDakota, relative to division of said Territory and its admission into the Union-to the Committee on the Territories. 

By Mr. STAHLNECKER: Petition of the West Branch Lumberman's Exchange, of \Vil.liamsport, Pa., respecting their interests and 

tariff changes-to the Committee on Ways and Means. 

By 1\Ir. STEPHENSON: Memorial of the authorities of Stevens 

Point, Wis., for a general appropriation for erecting public buildings 

in cities of 3,000 or over-to the Committee on Publi_c Buildings and 

Grounds. 

By M:r. J. W. STEW ART: Petition of Thomas Ryan and others, to 

incr:ease pay of court bailiffs in southern district of New York-to the 

Committee on the Judiciary. 

By Mr. G. 1\f. THOMAS: Petition of Eli Davis, to accompany bill for· 

his relief-to the Committee on Invalid Pensions. 

Also, petition to accompany )>ill for the relief of John G. Harmonto the Committee on Invalid Pensions. 

By Ur. V A.t"{DEVER: A bill for thesurveyoftheharbor of San Buenaventura, Cal., and an estimate of the cost of making it a harbor of 

refuge-to the Committee on Rivers and Harbors. 

By 1\Ir. WHITTHORNE: Petition of:Mrs. Canyada Brewer, of Wayne 

County, Tennessee, for reference of her claim to the Court of Claimsto the Committee on War Claims. 

By Mr. WICKHAM: Memorial of authorities of :Mansfield, Ohio, for 

a. general act for the erection of post-office buildings in cities and towns 

of 3, 000 inhabitants or ove~-to the Committee on Public Buildings and 

Grohnds. " 

The following :petitions for an increase of compensation of fourthclass po tmasters were severally referred to the Committee on the PostOffice and Post-Roads: 

By :Mr. IIOGG: Of A. J. Cunningham and 23 others, of Pleasants 

County, West Virginia. 

By Mr. HOUK: Of 31 citize:as of Sevier County, Tennessee. 

By l\Ir. KENNEDY: Of Francis Harper and 54 other citizens of Logan County, Ohio. 

By Jltir. WHITTHORNE: Of James McGhee and others; of Wayne 

County, Tennessee. 

The following petitions, praying for the enactment of a law providing temporary aid for common schools, to be disbursed on the .basis of 

illiteracy, were severally referred to the Committee on Education: 

By 1\Ir. C. H. ALLEN: Of 327 citizens of Middlesex County, J.'Jlassachusetts. 

By l\Ir. DAVENPORT: Of 232 citizens of Ontario County, New 

York. 

By Mr. ELLIOTT: Of 423 citizens of Beaufort County, South Carolina. 

By Mr. FLOOD: Of 280 citizens of Schuyler County, New York. 

By Mr. HAUGEN: Of 259 citizens of Pierce County, Wisconsin. 

By Mr. MAISH: Of390 citizens of York County, Pennsylvania. 

By Mr. MORROW: Of 112 citi2:ens of San Francisco, Cal. 

By Mr. NELSON: Of 155 citizens of Morrison County, Minnesota. 

By Mr. PAYSON: Of132 citizens ofLivingston County, illinois. 

By Mr. SAWYER: Of 483 citizens of Genesee County, New York. 

By 1\Ir. SHAW: Of 220 citizens of Baltimore County, Maryland. 

By Mr. WICKHAM: Of 599 citizens of Lorain County, Ohio. 

By Mr. THOMAS WILSON: Of 100 citizens of Fillmore County, 

Minnesota. / 

The followingpetitions, ash.'ingforthe passageofthe bill prohibiting 

the manufacture, sale, and importation of all alcoholic beverages in the 

District of Columbia, were severally referred to the Select Committee 

on the Alcoholic Liquor Traffic: 

By Mr. DINGLEY: Ofl23 citizens of the Second district of Maine. 

By Mr. GRANGER (by request): Of254 citizens of the Fourth district of Connecticut. 

By Mr. HAUGEN: Of 109citizensof theEighthdistrictofWISconsin. 

By :Mr. MAISH: Of 100 citizens of the District of Columbia. 

By Mr. MOORE. Of 129 citizens of the District of Columbia. 

By 1\Ir. ROWELL: Of 172 citizens of the Fourteenth district of Illinois. 

By Mr. WEBER: Of 135 citizens of the Thirty-third district of New 

York. 

HOUSE OF REPRES&~ATIVES. 

FRIDAY, Februa1-y 17,1888. 

The House met at 12 o'clock m. Prayer by Rev. Dr. BRUSH, president o!Dakota University. 

The Journal of ye3terday's proceedings was re..'ld and approved. 

11\IPROVE:Mlli~T OF PATUXENT RIVER, MARYLAND. 

The SPEAKER laid before the House a letter from the Sec~·eta.ry of 

War, transmitting, with a letter from the Chief of Engineers, reports 

of examinations and surveys of Patuxeut .River, in 1t1aryland; which 

was referred to the Committee on Rivers and Harbors, and ordered to 

be printed. SENATE BILL REFERRED. 

The SPEAKER, under the rule, laid before the Honse the bill (S. 

371) to aid in the establishment and tempmary support of common 

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

Committee on Education. 

LEAVE OF ABSENCE. 

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

To Mr. PE.NINGTO.N, indefinitely, onaccountofsicknessinhisfamily. 

To Mr. liiESTAND, for six days, on account of important business. 

ALABAMA AGRICULTURAL A~l> MECHANICAL COLLEGE. 

Mr. OATES. Mr. Speaker, I ask unanimous consent to discharge 

the Committee of the \Vllole House from the further consideration of 

the bill (H. R. 4082) for the relief of the Agricultural and Mechanical 

College of Alabama, and put it upon its passage. 

The SPEAKER. The Chair will state to the gentleman from Alabama that, as shown by the Journal, a bill comes over this morning as 

unfinished business to be first disposed of. 

Mr. OATES. I ask unanimous consent that this be considerednow, 

as it will take but a very short time. 

The SPEAKER. The bill will be read subject to objection. 

The bill was read, as follows: 

Be it enacled, etc., That the Recretnry of War be, and he is hereby, authorized nnd directed to relieve the Agricultural and Mechanical College at Auburn, Ala., from all money re:;ponsibility for so much of the ordnance and ordnance stores issued to said college under its bond dated February 9,1886, as was destroyed by fire on June 24.1887. 
1308 CONGRESSIONAL RECORD..-.HOUSE. FEBRUARY 17, 

The SPEAKER. Is th~re objection to the present consideration of 

the bill? 

1tfr. BURROWS. I would like some explanation of this, first. 

Mr. OATES. This bill, I think, will require but a. very brief ex- planation. The Agricultural and Uechanical College of Alabama obtained from the War Department 135-I think was the number-muskets for the use of the cadets in that school. 

Last summer the main building of the college was destroyed by fire. 

This bill is simply to relieve the college from liability for this loss; 

that is alL It is the un..'lnimous report of the Committee on Military 

Affairs. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

There being no objection, the bill was ordered to be engrossed for a third reading; and being engrossed, it was accordingly read the third 

time, and passed. . 

1t1r. OATES 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. 

REPORT ON TH:E PANAMA CANAL. 

Mr. WHITTHORNE, by unanimous consent, introduced a concur- rent resolution to authorize the printing of 3,000 copies of Lieut. C. C. 

Rogers's report on the Panama Canal; which was referred to the Committee on Printing. 

FICTITIOUS TRANSACTIONS IN AGRICULTURAL PRODUCTS. 

M:r. HATCH. Mr. Speaker; on Monday last I introduced a bill by 

request, House bill 7051, entitled "A bill to prohibit fictitious and 

gambling transactions on the price of articles produced by American 

farm industry.'' I indorsed on the bill the request that it be referred 

to the Committee on Agriculture. As I said on a previous occasion, 

when this subject was introduced, I did not hear the Chair change the 

reference of that bill to the Committee on the Judiciary. 

I desire to CJ!>ll the attention of the Chair to the fact that I was governed in this reference by the action of the then occupant of the chair, on January 23, 1888, in referring House bill5689, a bill introduced by 

the gentleman from Tennessee [Mr. ENLOE], entitled ''A bill to punish dealings in futures in agricultural products," and which was re- ferred to the Commit~e on Agriculture. The subject-matter of these 

two bills is identical, and the Committee on .Agriculture having the 

subject-matter of the bill of the gentleman from Tennessee before them, 

when the subsequent bill was presented by me I asked that it also be 

referred to the same committee, being upon the same subject, so that 

both might be considered together. Now, if it is the intention of the 

House to adhere to the reference of these matters to the Committee on the Judiciary, then it follows that both bills should go to that com- mittee. 

1\Ir. REED. Is this debatable? 

The SPEAKER. It is not. '.rhe Chair understood the gentleman 

to be making a statement simply. 

1rfr. HATCH. I am stating the facts for the information of the 

Chair and the House. 

The SPEAKER. The Chair will state to the gentleman from MisEouri that it was of the impression that the bill introduced by the gentleman from Tennessee was referred to the Committee on Agriculture 

by a vote of the House. 

Mr. HATCH. I find by reference to the CONGRESSIONAL RECORD 

of that date the following: • FUTURES IN AGRICULTURAL PRODUCTS. 

Mr. ENLOE introduced a bill (H. R. 5689) to punish dealing in futures in agri- cultural products; which was read a first and second time, referred to the Com- mittee on Agriculture, and ordered to be printed. 

There is nothing in the RECORD to show that the House took any 

action further than the action of the Speaker in referring it to that 

committee in the presence of the House. But the gentleman from 

Tennessee can speak for himself on that point. 

Mr. OATES. The motion of the gentleman from :Missouri to change 

this reference was stopped by my objection, or rather by my calling for 

the reading of the bill. I have since examined the bill, and while it 

is properly referred to the Committee on the Judiciary, yet it might 

have been referred, and very properly, to the Committee on Agricult- ure. 

It is of that character where either of those committees may take 

jurisdiction, and I withdraw any objection to the change of reference. 

:Mr. ENLOE. I wish to make a statement as to the reference of the 

bill which I introduced. I called the attention of the chairman of the 

Judiciary Committee to it and submitted it for his inspection, and he 

suggested the proper reference was to the Committee on Agriculture. 

I indorsed on the bill that reference, and it was made. 

The SPEAKER. The Chair still thinks, under the rule of the House, 

the bill to which the gentleman from Missouri refers belongs to the 

Committee on the Judiciary; but that gentleman moves to refer it to 

the Committee on .Agriculture. Of course the House has power to send 

it to the Committee on Agriculture. 

The motion of l\Ir. HATCH was agreed to, and the bill was referred 

to the Committee on .Agriculture. · 

SIGNAL CORPS. 

Mr. OUTCHEON, by unanimous cbnsent, introduced a bill (H. R. 

7346) to increase the efficiency of the Signal Corps of the Army; which wa.s read a first and second time, referred to the Committee on Military 

Affairs, and ordered to be printed. 

LOUIS JACOBSON. 

Mr. FELTON. I ask unanimous consent to take fi·om the Private 

Calendar, for present consideration, the bill (H. R. 1158) for the relief 

of Louis Jacobson. 

The bill was read, a3 follows: 

Be it enaeted, etc., That the sum of $217.70 be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, to reimburse Louis Jacobson, postmaster at Redwood Oily, San Mateo County, State of California, for money stolen from the post-office at that place on the night of August 21, A. D. 1886, the said sum of money so stolen being the proceeds of stamps sold by him at said place .. 

The SPEAKER. Is there objection to the .present consideration of 

this bill? 

M:r. RANDALL. I do not want to make an arbitrary objection, but 

I think the right to object should be reserved, that we may inquire 

whether there has been a report by a committee in favor of this claim. 

Mr. FELTON. The bill is favorably reported by the Committee on Claims. I ask that the report be read. 

M:T. RANDALL. Is the renort unanimous? 

Mr. FELTON. Yes, sir. - The report (by :Mr. LAIDLAW) wa.s read, as follows: The Committee on Claims, to whom was referred the bill (H. R. 1158) for the relief of L. Jacobson, beg leave to submit the following report: The claimant was postmaster at Redwood City, Cal.; his post-office was broken open by burglars August 21,1886, and 1624.78 of postage-stamps, postal funds, and money-order funds were stolen by the burglars. The burglary was examined into by a post-office inspector, and it appeared from his report that all of the stamps and funds aforesaid were kept in an iron safe, which had been broken open, and that there was no negligence on the part of the claimant in keeping the stamps and funds. That he made a claim on the Department for credit for his loss as follows: 

For postage-stamps ..................................................................... ~ ............. $294. 80 For postal funds......... ................ ................................................ ............... 217.70 For money-order funds ....................................................... : .. -........... .... 112.78 

Total............................................................................. .................... 624. 78 

The Post-Office Department gave him credit for the $294.80 for postage-stamps; also for &112.78 for money-order funds, less 520, for which they did not give him credit, because it was not deposited promptly, as was claimed; but the Depart- ment refused to give him credit for the $217.70 for po8ta.l funds, upon the sole ground that there was no provision of law unde1· which the Postmaster-General could allow him the credit. The claimant made oath that the postal funds amounted to the sum now claimed, to wit, $217.70; and that is about the amount he would reasonably have on hand, compared with his former sales of stamps; and the committee find that he lost said sum of$217.70, and that his claim is just and reasonable and should be paid; and they respectfully recommend that the bill do pass. 

Mr. FELTON. I simply desire to say, in addition to what hasjust 

been read, that all that is set forth in the report is a matter of record in 

the courts of the State of California. There is no question as to the 

justice of the claim. 

Mr. RANDALL. Does the Post-Office Department recommend thi8 

bill? 

Mr. FELTON. No, sir; the Post-Office Department has made no recommendation. 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

There was no objection. 

The bill was ordered to be engrossed and read 3 third time; and being 

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

Mr. FELTON moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider , be laid on the ~~ . 

The latter motion was agreed .to. 

ORDER OF BUSINESS. 

Mr. LANHilf. I call for the regular order. 

M:r. HENDERSON, of North Carolina. I wish to offer a resolution 

for reference. 

The SPEAKER. The regular order is demanded by the gentleman 

from Texas. 

SUGAR TRUST IN NEW YORK. 

Mr. MILLIKEN. I rise to a privile~ed matter. On the 7th day of 

this month I introduced a resolution in the House directing the Secretary of the Treasury, through the collector of the port of New York, 

to make an investigation of the sugar trust in New York. That reso- lution was referred to the Committee on Manufaetures. The committee has not yet reported; and from the best information which I can 

get I do not see any prospect that they will report it. I move that the 

committee be instructed to report that resolution back to the House on next Monday. The SPEAKER. The gentleman from Maine, as amatterofprivilege, moves to instruct the Committee on Manufactures to report back next 

Monday a resolution of inquiry directed to the Secretary of the Treasury. 

Mr. RANDALL. The rule requires that and should be obeyed. 

The SPEAKER. T)le rule requires the report to be made in one week. The gentleman from Maine says the report has not been made, 

and he therefore makes this motion. 

The question being put, the motion was agreed to. 
. - \. 

1888. CONGRESSIONAL RECORD-HOUSE. 1309 

Mr. :MILLIKEN. On the suggestion of one of the members of the 

committee, that the chairman of the Committee on Manufactures is 

not present, and that the committee can not get together as soon as 

next Monday, I desire to amend the motion by substituting "Friday." 

Mr. McKINNEY. I desire to make a statement. The Committee on Manufactures did not have a meeting this morning, but adjourned 

for one week, and will assemble at half-past 11 o'clock next Friday. 

It is for that reason I asked to have the motion modified so that when we get together we may act upon the resolution. 

There was no objection, and the motion was modified by substituting 

'' Friday '' for ''Monday.'' 

URGENT DEFICIENCY BILL. 

The SPEAKER. The regular order is demanded, which is the further consideration of the bill (H. R. 6437) to provide for ce1·tain ofthe 

most urgent deficiencies in the appropriations for the services of the 

Government for the fiscal year ending June 30, 1887, and for other purposes. The pending question is on agreeing to the amendment offered 

by the gentleman from Missouri [Mr. O'NEILL], which the Clerk will 

read. 

The Clerk read as follows: 

After line 9,page 18, to insert: 

"And the Public Printer is hereby direct-ed to rigidly enforce the provisions of 

the eight-hour law in the department under his charge." 

The SPEAKER. On this amendment the yeas and nays have been 

ordered. 

The question was taken; and there were-yeas 182, nays 53, not voting 88; as follows: 

YEAS-182. 

Adams, Dalzell, La Follette, 

Allen, C. H. Darlington, Laidlaw, 

Allen, E. P. Davidson, R. H. :rtf. Lane, 

Anderson, A. R. Davis, Lind, 

Anderson, G. A. De Lano, Lodge, Arnold, Dingley, Lyman, Atkinson, Dockery, Lynch, 

Baker, C.S. Dorsey, Macdonald, 

Baker, Jehu Dunham, Mahoney, 

Barnes, Farquhar, 1\Iansur, 

Bingham, FeltQn, Mason, 

.Bliss, Finley, Matson, 

Blount, Fullet·, l!rlcAdoo, 

Boothman, Gaines, McComas, 

Bound, Gallinger, McCormick, 

Boutelle, Gear, McCreary, Bowden, Gest, McCullogh, 

Bowen, Glover, McKenna, 

Bt·eckinl'idge, C. R. Greenman, McKinley, 

Brewer, Grout, McKinney, 

Brower, Guenther, McShane, 

Brown, 0. E. Hal·mer, Merriman, 

Browne, T. H. B. Hatch, Montgomery, 

Browne, T. M. Haugen, Morrill, 

Brumm, Hayden, Morrow, 

Bryce, Heard, Neal, 

Buchanan, Henderson, D. B. Nichols, 

Burrows, Henderson, J. S. O'Donnell, 

Butler, Hermann, O'Ferrall, 

Bynum, Hires, O'Neall,J. H. 

Campbell, Felix Hitt, O'Neill, Charles 

Campbell, J. E. Hogg, O'Neill, J. J. 

Campbell, T. J. Holman, Osborne, 

dn.ndler, Holmes, Outhwaite, 

Cannon, Hopkins,A.J. Owen, 

Cn.swell, Hopkins, S. I. Patton, 

Cheadle, Honk, Payson, Clark, Hovey, Perkins, 

Cockran, Howard, Peters, 

Cogswell, Ja-ckson, Phelan, 

Compton, Johnston,J.T. Phelps,-: Cooper, Johnston, T.D. Pidcock, 

Cowles, Kean, Post Cox, Kelley, Rn.ndall, 

C1·ouse, Kennedy, need, 

Cutchcon, Kerr, Rockwell, 

NAYS-53. 

Abbott, Dougherty, _'\.llen, J. l!ri. Dunn, 

Anderson1 C. L. Elliott, Inanclmro, Enloe, 

Brecki nridge, WOP Forney, 

Bncknlew, Glass, 

Burnes, Granger, Clements, Grimes, 

Cobb, llall, 

Coth ran, Hare, Crn.iu, Hemphill, Crisp, Hooker, 

Culberson, Hudd, Dar~an, 

Hutton, 

Jones, 

Laffoon, 

Lanham, 

Latham, 

Martin, 

McClammy, 

1\IcR.ae, 

Mills, 

l\1oQre, 

Morgan, 

Newton, 

Oates 

Peel 

NOT VOTING-88. 

Anderson , J. A. lJ:\COll , 

Ilo.nkhef\.<1, 

nn.rry, 

Eaync, 

Belden, 

:Belmont, Biggs, 

Blan<l, Bro·wn,J.r ... Bunnell, 

'Burnett, 

Butterworth, 

Carleton, 

Ca1·uth, 

Catchings, 

Chipman, 

Clardy, 

Collins, 

Conger, 

Cummings, 

Davenport, 

Davidson, A. 0. 

Dibble, 

Ermentrout, 

Fisher, 

Fitch, 

Flood, 

Foran, 

Ford, 

French, 

Funston, 

Gay, 

Gibson, 

Goff, 

Grosvenor, 

Romeis, 

"Rowell, 

Ryan, 

Sawyer, 

Scott, 

Scnll, 

Shaw, 

Smith, 

Sowden, 

Spooner, 

Springer, 

Stahlnecker, 

Steele, 

Stewart, Charles 

Stewart,J. W. 

Stockdale, 

StoneofKy. 

Struble, 

Taylor, E. B. 

Taylor, J.D. 

Thomas, G. M. 

Thomas, 0. B. 

Thompson, A, 0. 

Tracey, 

Turner, E. J. 

Vance, 

Vandever, 

Wade, 

Walker, 

Warner, 

Weaver, 

Weber, 

Wheeler, 

White, S.V. 

Whiting, J. R. 

Wickham, 

Wilber, 

Wilkinson, 

Williams, 

Wilson, Thomas 

Wilson, W.L. 

Yardley, 

Yoder, 

Yost. 

Perry, 

Riee, 

Richardson, 

RQbertson, 

Rogers, 

Rowland, 

Sayers, 

Stewart, J.D. 

Taulbee, 

Turner, H. G. 

Washington, 

Whit thorne. 

Hayes, 

Henderson, T, J. 

Herbert, 

Hiestand, 

Hopkins, S. T. 

Hunter, 

Ketcham, 

Kilgore, 

Lagan, 

Laird, 

Landes, 

Lawler, 

Lee, Norwood, Seney, Lehlbach, Nutting, Sherman, 

Long, Parker, Shively, 

Maffett, Penington, Simmons, 

Maish, Plumb, Snyder, 

Mcl\lillin, Pugsley, Spinola, :rtlilliken, Rayner, Stephenson, 

Moffitt, Russell, 0. A. Stone of Mo. 

Morse, Russell, J. E. Symes, Nelson, Rusk, Tarsney, 

Thomas, J. R. 

Thompson, '.r. L. 

Tillman, 

Townshend, 

'Vest, 

White,J.B. 

Whiting, William 

Wilkins, 

Wise, 

'Voodburn. 

So the amendment was agreed to. 

On motion of Mr. LANHAM, the reading of the names of members 

voting was dispensed with. . The following-named members were announced as paired until fur• 

ther notice: 

Mr. TOWNSHEND with Mr. GROSVENOR. 

Mr. BACON with Mr. DAVENPORT. 

l\Ir. WILKINS with Mr. GOFF. 

l\Ir. PENINGTON with l\Ir. HIESTAND. 

Mr. ERMENTROUT with Mr. BELDEN. 

Mr. FORAN with Mr. KETCHAM. 

1\fr. BARRY with l\Ir. PUGSLEY. 

Mr. CHAPM.L"'i with Mr. COOPER. 

Mr. TILLl\I.AN with Mr. PARKER. 

Mr. SPINOLA with Mr. THOMAs, of illinois. 

l\Ir. T.ARSNEY with Mr. PATTON. 

I 

Mr. STONE, of Missouri, with Mr. ANDERSON, of Kansas. 

The following were announced as paired until Monday next: 

Mr. CLARDY with Mr. RUSSELL, of Connecticut. 

Mr. CuMMINGS with Mr. MOFFITT. 

The following were announced as paired for this day: 

Mr. HERBERT with Mr. FITCH. 

Mr. MILLIKEN with Mr. DIBBLE. 

Mr. CARUTH with Mr. JOHN R. BROWN. 

Mr. SENEY With Mr. LONG. 

The following were announced as paired on this vote: 

Mr. NORWOOD with l\Ir. HUNTER. 

Mr. RUSSELL, of Massachusetts, with Mr. BUNNELL. 

Mr. MILLIKEN. Mr. Speaker, I am paired for this day with 1\Ir. 

DIBBLE. If I were not paired, I should vote "ay." 

Mr. MOFFITT. Mr. Speaker, I am paired with :Mr. CuMMINGS. 

If I were not, I should vote "ay." 

The result of the vote was then announced as above recorded. 

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

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

passed. 

l\1r. BURNES moved to reconsider the vote by which the bill was passed; and also mo-ved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

LEAVE OF ABSENCE. 

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

To Mr. LONG, for one week, on account of important business. 

To Mr. JOHN R. BROWN, indefinitely, on account of extreme illness 

in his family. i 

Mr. LANHAM. 

The SPEAKER. 

ports. 

ORDER OF BUSINESS. 

I call for the regular order. 

The regular order is j;he call of committees for reMr. LANHAM. I move to dispense with the call. 

The motion was agreed to. 

INVESTIGATION OF INTERNAL-REVENUE FRAUDS. 

Mr. HENDERSON, of North Carolina, offered the following; which was read, and referred to the Committee on Appropriations: 

Whereas the Attorney-General in his last annual report states, for the information of Congress, that "a fund which was annually appropriated for years for 

the use of the Commissioner of Internal Revenue in the investigation of fi-auds 

has been reduced largely, and the service of the bureau has to a limited extent been thrown upon the judiciary appropriation in the matter of making arrests of illicit distillers. * * * The expenses are payable from fees and expenses of marshals, as employes of the revenue agent are temporarily commissioned as deputy marshals:" Therefore, 

Resolved by the H011.se of Representatives, That the Attorney-General be called 

upon to inform the House in what districts, to what persons, and in what amount and for what purposes such expenses have been paid or incurred, and by what 

authority of law any portion of the judiciary appropriation has been used in 

paying the employes of revenue agents. 

SOUTHERN JUDICIAL DISTRICT OF GEORGIA. 

l\Ir. GRIMES, by unanimous consent, introduced a bill (H. R. 7347) 

to create a new division in the southern judicial district of Georgia; 

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

BRIDGE ACROSS TRAIL CREEK, INDIAN A. 

I

. l\Ir. DUNHAM, by unanimous consent, from the Committee on Commerce, reported back with a favorable recommendation the bill (H. R. 

2097) to authorize the construction of a bridge across Trail Creek, in 

the city of .Michigan City, State of Indiana; which was referred to the 
1310 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 17, 

Committee.oftbe Whole House on the Private Calendar, and, with the 

accomp:mymg report, ordered to be printed. 

BRIDGES ACROSS BED RIVER, DAKOTA. -

Ur. DUNHAM also, from the Committee on Commerce report-ed as a. substitute for House bill 4421, a bill (H. R. 7348) gr~nting to the 

City of Grand Forks, Dak., the right to build two free bridges out- s~de of the city across tlle Red River; which was read a first and second 

time, referred to. the House Calendar, and, with the accompanying re~ 

po1:t, ordered to be printed. 

The original bill (H. R. 4421) was laid on th~ table. 

BOUNDARY LThTE BETWEEN THE UNITED STATES AND :niEXICO. 

. :Mr. CRAIN, by unanimous consent, introduced a joint resolution 

(H .. R.es. 112) requesting the President of the United States to negotiate With the Government of Mexico for the creation of an international 

comi?ission to determine, according to the rules of the W asbington con- v_enbon of November 12, 1884, all questions touching the boundary 

line between the United States and Mexico where it follows the bed of 

t~e Rio Grande and Colorado Rivers; wliich was read afirstandsecond 

time, referred to the Committee on Foreign Affairs and ordered to be 

printed. ' 

ORDER OF BUSINESS. 

Mr. LANHAM. I call for the regum,; order. 

NATHANIEL M'KAY AND OTHERS. 

The SPEAKER. The Chair is advised that a bill comes over from last~riday, with tbepreviousquestionordered upon its passage. Therefore It now comes up for consideration. It is the bill (H. R. 2477) for 

the relief of'N athaniel McKay and others. 

1\:lr. LA.NHA.l\f. Do I understand the Chair to hold that the first 

thing in order now is the vote upon the passaae of House bill No. 24 77 

which was considered in Committee of the Whole on last Friday re: ported. to the ~ouse, and advanced, I believe, as far as the engross~ent and third readmg, or probably the previous question may have been 

ordered on the passage? 

The SPEA~E~. If the previous question was ordered on the passage of the bill, It comes up now for consideration. If not it will 

come up as tmfinished business when the Committee of th~ Whole 

rises to-day. The Chair will cause the Journal to be examined. [A. 

pause.] The Journal shows that the previous question was ordm·ed ~m the passage of the bill. The Chair was under the impression that 

1t bad been ordered on the engrossment and third reading. 

~r ... SPRINGER. I ~esire to call attention to the proceedings on this bill as they appear m the RECORD. I think there was a mistake in 

th_e Journal at that time. The proceedings as reported in the RECORD 

Will be found on page 1128. The previous question was ordered on the en~r'?_ssment and third reading of the bill, not upon its final passage. 

Th1s lS what the RECORD shows. I ask that the proceedings as they 

appear in the RECORD be read. 

The SPEAKER. The Journal of the House is the official record of 

its proceedings. 

1\'Ir. SPRINGER. This is also an official record of its proceedings· 

and if a mistake has occurred I think the House should not ad on that 

mistake. I am satisfied that the Official Reporters have reported everything that was done and said at the time. I ask to have read what the 

RECORD shows the proceedings to have been. 

l\1r. DINGLEY. I call the attention of the gentleman from Illinois 

to the fact that the statement was made at the time to the House by 

the gentleman from Texas [Mr. MILLS] that the previous question had 

been ordered on the passage of the bill, and that the bill woUld come np the first thing to-day. 

Mr. SPRINGER. The gentleman from Texas made that statement 

but he was mistaken, as will be seen by the reading of the RECORD. ' 

Mr. LANHAM. I make the point-- . The SPEAKER. Of course the Chair is governed by the Journal of 

the House; but the gentleman from Illinois may have the RECORD 

read. The Clerk will read. 

The Clerk read as follows: 

NATHANIEL M'KAY AND OTHERS. 

The next bill reported from the Committee of the Whole House on the Private Calendar was the bill (H. R. 2477) for the relief of Nathaniel McKay and the ex~ 

ecutors of Donald McKay. 

1\Ir. SToNE, of Kentucky. I move the previous question on the bill and amend- ments. 

The pre>ious question was ordered. . The amendments reported by the Committee of the Whole House on the Pri- vate Calendar were agreed to. ';I' he ~ill wa~ or4ered to be engrossed and read a third time; and was read the third time by 1ts title. The SPEAKER pro tempore. The question is now on the passage of the bilL Mr. SPR~GER. I call for the yeas and nays on that question. On ordering the yeas and nays there were-ayes 15. The SPEAKER pro tempore. In the opinion of the Cha.ir one-fifth have not voted in fayor of the call for the yeas and nays. :Mr. S.PRINGER. I ask for tellers on ordering tb.e yeas and nays. Tellers were not ordered, only 18 voting in favo1· U1ereof. Mr. SPRINGER. I demand the reading of the engrossed bill. The SPEAKER pro tempore. That is in order; the gentleman has the right to make that demand. The previous question has been ordered. :Mr. MILLs. 1\Ir. Speaker, if the House sho1Ydadjournnow, would not this bill come up~ unfinished business? 

The SPEAKER pro tempore. It would come up on the nextday when the same class of business is in order-that is next Friday. Mr. ~LS. I s.u~st to the friends of the measure to let the bill go over until !lext Fnd.ay, as 1t will ~ake some time to engross it. It will come up as unfin- tshcd bus~ess next Fnday, and can be passed the first thing. I mo>e that the House adjourn. The motion was agreed to; there being-ayes 128, noes 'ifl. 

So (at 4 o'clock and 20 min ut:es p. m.) t.he House, in accordance with its previous 

order, adjourned until Monday next. 

- Mr.-L.A.NHA.:M. Mr. Speaker: I think the Journal and the RECORD 

correspond substantially. I call for the regular order. 

The SPEAKER. The Chair is governed by the J onrnal. 

Ur. SPRINGER. I call the attention of the Chair and the gentle- man from Texas and the Honse to the 1act that at the time when this 

bill was last under consideration the Clerk, the Speaker pro tempore, 

and the gentleman from Texas were laboring under the. impression that 

the mo~on made .by the gent~eman from Kentucky [Mr. STONE] for 

the previous. questton Ofl: the bill ~d amendments (which applied only 

to the question of ordenng the bill to be engrossed and read a third 

time) ihcluded the previous question on the final.pa..~age of the bill. 

A.s the RECORD shows, the motion for the previous question was agreed 

to; then the amendments were agreed to; the bill was ordered to be 

engrossed and read a third time, and there was never another motion 

ma.d~_for the previous question; but it was assumed that the previous 

qu~tion as aJ.I:eady ordered covered the bill clear on to its passage, 

which was a mistake. That eiTOr wn.s naturally fallen into from the 

fact that the previous question was called "upon the bill and amendments.'' I was watching the proceedings very closely, desiring when 

the bill s~ould come up again to be permitted to show at this stage 

that the bill ought not to pass and to make a motion to recommit. 

Therefore I know the RECORD is correct. 

Several MEMl3ERS. Regular order! 

The SPEAKER. The regular order is demanded. The gentlemm1 

from illinois makes no motion. 

l\1r. SPRINGER. I desire to move that the bill be recommitted. 

Ur. STONE, of Kentucky. Is that motion now in order? 

The SPEAKER. Under the rules of the House it is in order to r~ 

commit a bip, either ~ith or without instructions, pending the motion 

for the preVIous que~twn on the passage of the bill or after the previous 

question has been ordered. 

Mr. SPRINGER. Before my resolution is read I desire to ask 

whether the Chair holds that the previous question was ordered on the 

passage of the bill or merely moved. 

Th~ SPEAKER. The Journal of the House shows that the previous 

questwn was ordered on the passage of the bill. · Mr. SPRINGER. That is not correct. I ask the Clerk to read the 

resolution which I send to the desk. 

The Clerk read as follows: 

Resolved, That the bill be recommitted to the Committee on War Claims with instructions to investigate the claims of a similar character heretofore presented t.o the Navy Department and the amount involved in such claims. 

. 1\Ir. SPRINGER. Pending the motion to recommit I ask unani- mous consent to have l'ead a letter from the Secretary of the Navy in 

reference to this subject. · 

Several members objected, and called for the regulal' order. 

The question being taken on agl'eeing to the resolution of Mr. 

SPRINGER, there were-ayes~35, noes 72. 

Mr. SPRINGER. I call for the yeas and nays. 

The yeas and nays were ordered, there being-ayes 27, noes 81· more than one-fifth voting in the affirmative. · ' 

The question was taken; and it was decided in the negative-yeas 63 

nays 168; not voting 92, as follows: ' 

YEA8-U3. 

Abbott, Crain, 

Allen, :J. M. Dargan, 

Anderson, .A.. R. Davidson, A. C. Anderson, C. :f,, Dockery, Baker :Jehu Elliott, 

Bankhead, Forney, 

Barnes, French, 

Bland, Glass,, 

Blount, Hall, 

Breckinridge,WCP Hare, 

Buckalew, Hatch, 

Burnes, Hayes, 

Bynum, Hemphill, 

Campbell; :I.E. Henderson, J.S. 

Cobb, Holman, 

Cowles, Hopkins,S.I. 

Budd, 

Hutton, 

Johnston,J.T. 

Jones, 

Kerr, 

Kilgore, 

Landes, 

Lane, 

Lanham, 

Latham, 

Martin, 

Matson, 

McMillin, 

Mills, 

Moore, 

1\Iorgan, 

NAYS-10.". 

.Adams, 

Allen, C. H. 

.Allen, E. P. 

Anderson, G. A. 

Arnold, 

Atkinson, 

Bingham, 

Bliss, 

Boothman, 

Bound, 

Boutelle, 

Bowen, 

Brewer, 

Browne, T. H. B. 

Browne,T. M. 

Brown, C. E • Brumm, 

Bryce, 

Buchanan, 

Bunnell, 

Burnett, 

Burrows 

Butler, 

Butterworth, 

Campbell, Felix Campbell, J. E. 

Candler, 

Caswell, 

Catchings, 

• Cheadle, 

Clark 

Cock~. 

Cogswell, 

Compton, 

Cooper, 

Cox, 

Crouse, 

Cutcheon, 

Dalzell, 

Darlington, 

Davis, 

DeLano, 

Dingley, 

Dougherty, 

DnnhA.m, 

Oates, 

O'Neall, :J. H. Perry, 

Rogers, 

.Rowland, 

Sayers, 

Shively, 

Springer, 

Stewart, J. D. Torner, H. G. Washington, 

'Veaver, Wheeler, 

Whit.t.horne, 

Wise. 

Enloe, 

Farquhar, 

Felton, 

Finley, 

Flood, 

Fuller, 

Funston, 

Gaines, 

Gallinger, 

Gear, 

Gest, 

Glover, 

Grimes, 

Grout, 

Guenther, 
1888. CONGRESSIONAL RECORD-HOUSE. ~ 1311 

Harmer, 

Haugen, 

Hayden, 

Heard, 

Henderson, D. B. 

Hitt, 

Hogg, 

Holmes, 

Hooker, 

Hopkins, A. J. Hopkins, S. T. 

Houk, 

Hovey, 

Howard, 

Jackson, 

Johnston, T. D. -Kean, 

Kelley, 

Kennedy, 

La Follette, 

Laffoon, 

Lagan, 

Laidlaw, 

Lee, 

Lehlbacb, 

Lodge, 

Lyman, 

Lynch, 

Macdonald, 

Mahoney, 

McAdoo, 

:McComas, 

McCreary, 

McCullogh, 

McKenna, 

McKinley, 

McKinney, 

McRae, 

1\:IcShane, Merriman, 

Montgomery, 

1\'Iorrill, 

nrorrow, 

Morse, 

Neal, 

Newton, 

Nichols, 

•O'Donnell, 

O'Ferra1l, 

O'Neill, Charles O'Neill, J. J. 

Osborne, 

Owen, 

Patt.on, 

Payson,· :Perkins, 

Peters, 

Phelan, 

Phelps, 

Pidcock, 

Pugsley, 

R-eed, 

Rice, 

Richardson, 

Robertson, 

Rockwell, 

Romeis, 

Rowell, 

Russell, J. E. 

Ryan, 

Sawyer, 

Scull, 

Shaw, 

Sherman, 

Snyder, 

Sowden, 

Spooner, 

Stahlnecker, 

Steele, 

Stewart, Charles Stewart, J. W. 

NOT VO'l'ING-92. 

Anderson,J.A. Culberson, Hunter, 

Bacon, Cummings, Ketcham, 

Baker, C. S. Davenport, Laird, 

Barry, Davidson, R. H. M. Lawler, 

Bayne, Dibble, I .. iud, 

Belden, Dorsey, Long, 

Belmont, Dunn, Maffett, 

Biggs, Ermentrout, :Maish, 

Blanchard, Fisher, Mansur, 

Bowden, - Fitch, Mason, 

Breckinridge,C.R. Foran, 1\IcClammy, 

Brower, Ford, McCormick, 

Brown, J. R. Gay, Milliken, 

Cannon, Gibson, 1\Ioffitt, 

Carleton, Goff, Nelson, 

Caruth, Granger, Norwood, 

Chipman, Greenman, Nutting, 

Clardy, Grosvenor, Outhwaite, 

Clements, Henderson, T. J. Parker, 

Collins, Herbet·t, Peel, 

Conger, Hermann, Penington, 

Cothran, Heistand; Plumb, 

Crisp, Hires, Post, 

So the motion to recommit was not agreed to. 

During the roll-call, 

St{)Ckdale, 

Stone, ofKy, 

Struble, 

Taulbee, 

Taylor, E. B. Taylor, J. D. Thomas, G. M. 

Thomas, 0. B. Thompson, A. C. Tracey, 

Turner, E. J. Vance, 

Wade, 

·walker, 

Warner, 

Weber, 

White,J.B. 

White,S.V. 

Whiting, J. R. Wickham, 

Wilber, 

Wilkinson, 

Williams, 

Wilson, Thomas Yardley, 

Yoder, 

Yost. 

Randall, 

Rayner, 

Russell, C. A. 

Rusk, 

Scott, 

Seney, 

Simmons, 

Smith, 

Spinola, 

Stephenson, 

Stone, of Mo. Symes, 

Tarsney, 

Thomas, J. R. Thompson, T. L. Tillman, 

r_r:ownshend, 

Vandever, 

West, 

Whiting, William W~--ins, 

Wilson, W. L. Woodburn. 

Mr. COX moved, by unanimous consent, to dispense with the reading of the names. The motion was agreed to. 

The following additional pairs were ahnounced: 

Mr. GRANGER with Mr. LAIRD, for the rest of the day. 

Ur. DAVIDSO~, of Florida, with Mr. HUNTER, fortherest ofthe day. 

The vote was then announced as above recorded. 

1\Ir. SPRINGER. I ask for the reading of the engrossed bill 

The SPEAKER pro tempore, ~1r. McMILLIN in the chair). The 

question is on the third reading of the engrossed bill. 

Mr. SPRINGER. The reading of the engrossed bill is demanded. 

The SPEAKER pro tempore. '£he bill will be read. 

Mr. SPRINGER. I demanded the" reading of the engrossed bill previous to the adjournment on Friday of last week. I want it read now. 

The SPEAKER pro tempore. The engrossed bill will be read. 

The engrossed bill was read. 

Mr. SPRINGER. 1\Ir. Speaker, I now make the point of order that 

this is the first time the bill has been read a third time. The question 

is now shall the bill pass? No previous question could have operated 

npon the passage of the bill until after it had been read the third time. 

I demanded the third reading of the engrossed bill last Friday, just 

before the adjournment. The question now is upon the passage of the 

bill· and I make the point that no previous question could have been 

ord~ed upon it, and therefore that I have the floor to discuss the question whether the bill shall pass or not. 

Since the bill has been read a third time no member has taken the 

floor to demand the previous question on its passage. It was never 

read a third time until this moment; and until it was read the third 

time it was not in order for any member to take the floor and demand 

the previous question on its passage. 

Mr. STEELE. We do not want to hear the bill discussed any further. 

The SPEAKER pro tempore. The present occupant of the chair is 

advised that the previous question has been ordered on the passage of 

the bill; and that being so, debate is not now in order. 

1tfr. SPRINGER. The previous question could not have been ordered on the passage of the bill until after the reading of the engrossed bill, 

and the third reading of the engrossed bill has just taken place. It 

was the only time VI" hen the bill could have been read the third time. 

I took the floor immediately, and since then no previous question has 

been ordered upon the passage of the bill the only time, I insist., when 

it could have been demanded. 

The SPEAKER pro tempore. The present occupant of the chan: was not in the chair when the order was made, but he is informed the previous question was ordered on the passage of the bill. That being so, 

the Chair is of the opinion that debate is not in order. 

Mr. SPRINGER. That would have been true if the bill had been 

read a third time; but I demanded the third reading of the engrossed 

bill, at which time an adjournment took place. 

The SPEAKER pro tempore. The demand for the third reading of 

the bill did not occur, as the Chair is informed, before the ~emand for 

the previous question was made ancl ordered. It was the nght of the _ 

gentleman to have the engrossed bill read. ?-'he erigro~ed ~ill has been 

read and as the Chair is advised, the prev1ous questiOn lB now operating upo~ the passage of the bill, which cuts off debate. 

Mr. STONE, of Kentucky. I ask for a vote. - Mr. SPRINGER. I demand theyeasanll nays on thepassageofthe bill. 

The House divided; and there were-ayes 38. 

The SPEAKER pro tempore. Not one-fifth of the last vote. 

Mr. SPRINGER. Count the other side. 

The other side was counted, and there were 116. 

So the yeas and nays were ordered, one-fifth voting in favor thereof. 

1\IESSAGE FROM THE SEN ATE. 

Amessagefrom theSenate, byJ.fr. PLA'IT, oneofitscler~, announced 

that the Senate had passed without amendment House bills of the following titles: . 

A bill {H. R. 120) for the relief of Charlotte Caroline Hackleman; 

A bill (H. R. 221) increasing the pension of John C. Johnston; 

A bill (H. R. 363) granting a pension to J.frs. Eliza L. Mace; 

A bill (H. R. 365) granting a pension to John Humes; 

A bill (H. R. 440) granting a pension to M:ary C. Knight; 

A bill (H. R. 880) granting a pension to Mary Everingham Brown; 

A bill (H. R. 2457) to increase the pension of Hubert M. Potter; and 

A bill (H. R. 2467) to amend chapter 191 of the private ads of the 

Forty-ninth Congress, passed at the second session thereof, concerning 

James H. Young. 

Also, that 'the Senate had passed bills of the following titles; in which 

the concurrence of the House was requested., namely: 

A bill (S. 147) for the relief of S. D. Barclay, G. D. Adams, and William Kimbrew; 

A bill (S. 1283) making an appropriation for the erection of a lighthouse on or near Diamond Shoal, Cape Hatteras, North Carolina; 

A bill (S. 39) granting an increase of pension to Frederick Beno_; 

A bill (S. 40) granting an increase of pension to Margaret E. P1erce; 

A bill (S. 42) granting a pension to Lizzie Wright Owen; 

A bill (S. 43) granting a pension to Polly H. Smith; 

A bill (S. 74) to increase the pension of Thomas Chapman; 

A bill (S. 121) granting a pension to Tobias Baney; 

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

A bill (S. 123) granting a pension to M~rs. Virginia Grier; 

A bill (S. 124) granting a pension to Henry F. Kaiser; 

A bill (S. 167) granting an increase of pension to Ann E. Tew; 

A bill (S. 168) granting a pension to Mary E. Crimmins; 

A bill (S. 169) to increase the pension of Abby J. Slocum; 

A bill (S. 170) granting a pension to Mary A. 1\fykins; 

A bill (S. 172) granting a pension toAbbie-M. Hay; 

A bill (S. 173) granting a pension to Henry B. Very; 

A bill (S. 174) granting a pension to Mary Martin; 

A bill (S. 175) granting a pension to Eleanor S. Lawson; 

A bill (S. 286) granting-an increase of pension to Stephen R. Smith; 

·A bill (S. 293) granting a pension to Mrs. Arabella Coddington; 

A bill (S. 303) granting a pension to Mattie Graziani; 

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

A bill (S. 331) granting a pension to John Kalbfleisch; 

A bill (S. 333) granting a pension to Reuben Brownmiller; 

A bill (S. 334) granting an increase of pension to Charles F. Allgower; 

A bill (S. 335) granting a pension to C. R. Thomas; 

A bill {S. 337) granting a pension to Mary E. Johnston; 

A bill (S. 338) granting a pension to Samuel Brooks; 

A bill (S. 339) granting a pension to Eliza Douglass; 

A bill (S. 381) for the relief of Col. Jesse H. Strickland; 

A bill (S. 393} for the relief of Frances Ann Pyne Ricketts; 

A bill (S. 404) for the relief of Margaret S. Murray; 

A bill (S. 413) granting an increase of pension to Oscar S. Collins; 

A bill (S. 433) granting an increaseofpensiori to GeneralS. W. Price; 

A bill (S. 450) for the relief of Thomas S. Hopkins, la.te of Company 

C, Sixteenth Maine Volunteers; -

A bill (S. 451) granting a pension to Hannah C. DeWitt; 

A bill (S. 465) granting a pension to William Sa<Jkman, sr.; 

A bill (S. 472) granting a pension to Eliza Summers; 

A bill (S. 549) granting a. pension to Hannah R. Langdon; 

A bill (S. 550) granting a pension to William C. Wait; 

A bill (S. 626) granting an increase of pension to Albert Franklin, 

alias 1\fcKee; · 

A bill (S. 647) for the relief ofW. A. Lemaster; 

A bill (S. 656) granting increase of pension toJamesJacksonPurman; · 

A bill (S. 679) granting a pension to Henry Stafford; 

A bill (S. 703) granting a pension to M. T. Lindsey, of Oregon; 

A bill (S. 733) granting a pensionJ;o Abbie S. Hutchinson; 

A bill (S. 737) granting a pension to Berry Day; 

A bill (S. 738) granting a pension to the guardian of Enos J. Searles; 

A bill (S. 739)'granting a pension to Johanna Loewinger; 

A bill (S. 749) granting a pension to Louise Paul; 

A .bill (S. 752) to grant a pension to :M.rs. Elvira L. Johnson; 
1312 -CONGRESSIONAL RECORD=HOUSEo FEBRUARY 17, 

A bill (S. 753) granting a pension to James D. Whaley; 

A bill (S. 765) granting an increase of pension to Edward Durant; 

A bill (S. 801) granting a pension to Basile Champagne; 

A bill (S. 803) granting a pension to Delia U. Peck; 

A bill (S. 805) granting a pension to Melvina Greenwood; 

A bill (S. 806) granting a pension to William Healey; 

A bill (S. 809) granting a pension to Betsey Mannsfield; 

A bill (S. 811) granting a pension to Lydia D. Holtz; 

A bill (S. 815) granting a pension to Angerone P. Cole; 

A bill {S. 816) granting a pension to Amastasia Walter; 

A bill (S. 817) granting a pension to Peter Stusse; 

A bill (S. 819) granting a pension to Christopher Wisemiller; 

A bill {S. 820) granting a pension to DavidA. Servis; 

A bill (S. 821) granting a pension to John Vertes.<sy; 

A bill (S. 822) granting a pension to Sarah Errickson; 

A bill (S. 824) granting a pension to John Geibel; 

A bill (S. 830) granting a pension to David Williams; 

A bill (S. 835) for the I'elief of Elisha Griswold; 

A bill tS. 838) granting a pension to Mary Sullivan; 

A bill (S. 842) granting a pension to Julia A. Rhoads; 

A bill (S. 854) granting a pension to Sarah E. Branson; 

A bill (S. 860) granting a pension to Stephen Singleton; 

..!. bill (S. 895) tor the relief of Mrs. Betsey Winterbottom; 

A bill (S. 930) to gra-nt a pension to Oscar F. Carpenter; 

A bill (S. 944) increasing the pension of Mrs. Elizabeth G. Scott; 

A bill (S. 1070) granting a pension to Mrs. 1\fary R. Armstrong; 

A bill (S. 1086) granting a pension toJacobKintz, aliasJahn Walters; 

A bill (S. 1096l granting a pension to James Lucas; · A bill (S. 1111 granting a pension to Mary J. Davis; 

A bill (S. 1298 granting a pension to Mary Gammell; 

A bill (S. 1300) granting a pension to Cordelia R. Jones; 

A bill (S. 1317) for the relief of Francis MeN eil Potter; 

A bill (S. 1354) granting a pension to Helen Randolph; 

A bill (S. 1412) granting an increase of pension to Mary B. Hook; 

A bill (S. 1413) to increase the pension of James Coey; 

A bill (S. 1477) granting a pension to Harlow B. Hyde; 

A bill (S. 1478) granting a pension to George W. Peavey; 

A bill (S. 1506) for the relief of Addie Bell; 

A bill (S. 1613) granting a11: increase of pension to John F. Ballier; 

A. bill (S. 1614) granting a pension to Phillipe Ray; 

A bill (S. 1638) granfug a pension to William Richardson; 

A bill (S. 1665) granting a pension to Theresa B. Hoffman; 

A bill (S. 1717) granting a pension to Emma Von Bernewitz; 

A bill (S. 1784) granting a pension to Ida M. Welton; 

A bill (S. 1785) granting a pension to Stephen D. Redfield; 

A bill (S. 1884) granting a pension to Louisa Provost; and 

A bill (S. 1985) granting an increase of pension to Mrs. F. Selina 

Buchanan. 

NATHANIEL M'KAY .AND OTHERS. 

Mr. SHAW. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore (Mr. McMILLIN). · The gentleman will 

state it. 

:Mr. SHAW. Is the question on the passage of the bill as amended? 

The SPEAKER pro tempore. The question is on the :final passage of 

the bill. 

The question was taken; and there were-yeas 156, nays 72, not voting 95; as follows: 

YEAS-156.-

Adams, 

Allen, C. H. Allen,E.P. Anderson, A. R. Arnold, 

Atkinson, 

Baker, 0.8 .. Bingham, 

Bliss, 

Boothman, 

Bound. 

Boutelle, 

Bowden, 

Brewer, 

Brower, 

Browne, T. H. B. Browne, T. M. Brown, 0. E. Brumm, 

Bryce, 

Buchanan, 

Bunnell, 

Burnett, 

Burrows, 

Butler, 

Campbell, Felix 

Campbell,J. E. Campbell, T.J. Cannon, 

Caswell, 

Catchings, 

Cheadle, 

Clark, 

Cockran, 

Cogswell, 

Compton, 

Cooper, 

Cox, 

Crouse, 

Dalzell, 

Darlington, 

Davis, 

DeLano, 

Dorsey, 

Dunham, 

Enloe, 

Farquhar, 

Felton, 

Finley, 

Flood, 

Ford, 

French, 

- Fuller, 

Funston, 

Gaines, 

Gallinger, 

Gear, 

Gest, 

Glover, 

Greenman, 

Grimes, 

Grout, 

Guenther, 

Hall, 

Harmer, 

Haugen, 

Hayden, 

Heard, 

HenderSOll, D. B. Hitt 

Holines, 

Hooker, 

Hopkins, S. T. 

IIouk: 

Hovey, 

Howard, 

Jackson, 

Johnston, T. D. 

Kean, 

Kennedy, 

Laffoon, 

La Follette, 

Laidlaw, 

Lee 

Lehlbach, 

Lodge, 

Lyman, 

Macdonald, 

Maho11ey, 

Mason, 

:McComas, 

JI.IcCormic.k, 

McCullogh, 

McKenna, 

McKinley, 

McKinney, 

1\ierriman, 

Montgomery, 

Morrill, 

Morrow, 

Neal, 

Nichols, 

O'Donnell, 

O'Ferrall, 

O'Neill, Chades 

O'Neill, J. J. Osborne, 

Outhwaite, 

Owen, 

Patton, 

Payson, 

Pe1·kins, 

Peters, 

Phelan, 

Pugsley, 

Reed, 

Rice, 

Richardson, 

Rockwell, 

Romeis, 

Rowell, 

Russell, J. E. Ryan, 

Scull, 

Shaw, 

Sherman, 

Spooner, 

Stahlnecker, 

Steele, 

Stewart, J. W. 

Stone of Ky. 

Struble, 

Taulbee, 

Taylor, E. B. Taylor, J.D. Thomas,G.M. 

Thomas, 0. B. Tracey, 

Turner, E. J. Vance, 

Wade, 

Walker, 

Warner, 

Weber, 

Wheeler, 

White, J.B. White, s. v. WhiLing, J. R. Wickham, 

Wilber, 

Wilkinson, 

'Villiams, 

Wilson, Thomas 

Yardley, 

Yoder, 

Yost. 

NAY8-72. 

Abbott, Cowles, Johnston, J. T. Allen,J.M. Crisp, Jones, 

Anderson, C. L. Culberson, Kerr, 

Anderson, G. A. Dargan, Kilgore, 

Baker, Jehu Davidson, R. H. M. Lagan, 

Bankhead, Dockery, Landes, 

Barnes, Elliott, Lane, 

Bland, Forney, Lanham, 

Blount, Glass, Latham, 

Breckinridge, C. R. Hare, Lynch, 

Buckalew, Hatch, 1\Iartin, 

Burnes, Hayes, 1\fatson, 

Bynum, Hemphill, :McClammy, 

Candler, Henderson, J. S. McMillin, 

Carlton, Holman, McRae, 

Clements, Hopkins, S. I. McShane, 

Cobb, Hudd, Moore, 

Cothran, Hutton, 1\forgan, 

NOT VOTING-95. 

Anderson, J. A. Dougherty, 

Bacon, Dunn, 

Barry, Ermentrout, 

Bayne, Fisher, 

Belden, Fitch, 

Belmont, Foran, 

Biggs, Gay, 

Blanch ard, Gibson, 

Bowen, Goff, 

Breckinridge, WOP Granger, 

Brown, J. R. Grosvenor, 

Butterworth, Henderson, T. J. Caruth, Herbert, 

Chipman, Hermann, 

Clardy, Hiestand, 

Collins, Hires, 

Conger, Hogg, 

Crain, Hopkins, A. J. Cummings, Hunter, 

Cutcheon, Kelley, 

Davenport, Ketcham, 

Davidson, A. C. Laird, 

Dibble, Lawler, 

Dingley, Lind, 

Long, 

l\Iaffett, 

1\Iaish, 

Mansnr, 

l\IcAdoo, 

McCreary, 

1\Iilliken, 

l\fills, 

Moffitt, 

Morse, 

Nelson, 

Norwood, 

Nutting, 

Parker 

Penington, 

Phelps, 

Plumb, 

Post, 

Randall, 

Rayner, 

Robertson, 

Russell, C. A. 

Rusk. 

Sawyer, 

Newton, 

Oates, 

O'Neall, J.H. Peel, 

Perry, 

Pidcock, 

Rogers, 

Rowland, 

Sayers, 

Shively, 

Simmons, 

Smith, 

Sowden. 

Springer, 

Stewart, J. D. Turner, H. G. 

'Veaver, 

Whitthorne. 

Scott, 

Seney, 

Snyder, 

Spinola, 

Stephenson, 

Stewr.rt, Charles 

Stockdale, 

Stone of 1\fo. 

Symes, 

Tarsney, 

Thomas, J. R. Thompson, A. C. 

Thompson, T. L. 

Tillman, 

'.rownshend, 

Vandever, 

Washington, . West1 Whitmg, WilJiam 

"Wilkins, 

Wilson, W. L. Wise, 

Woodbu1·n. 

So the bill was passed. 

Mr. LANHAM. I ask unanimous consent that the reading of the 

names be dispensed with. 

There was no objection. 

The following additional pairs were announced: 

M.I. RANDALL with Mr. BUTTERWORTH, on all political questions, 

for this day. 

Mr. STEWART, of Texas, with Mr. THmfPSON, of Ohio, for the 1~t 

of the day. 

Mr. CoLLINS with Mr. WEST, for the remainder of the day. 

Mr. DuNN with Mr. DINGLEY, for the remainder of the day. 

Mr. HOGG. I was absent on important business in my committee. 

I desire to vote. • The SPEAKER p1·o tempore. Was the gentleman within the bar 

when his name was called? 

Mr. HOGG. J was not. 

The SPEAKER pro temp01·e. Then the gentleman's vote can not be 

recorded. 

Mr. HOGG. If present, I should have voted "ay." 

The result of the vote was then announced as above stated. 

?!fr. STONE, of Kentucky, moved to reconsider the vote by which 

the bill was passed; and also moved that the motion to reconsider be 

laid on the table. 

Mr. SPRINGER. Pending the latter motion, I move to amend the 

title, and on that motion I desire to be heard. I move to amend by 

adding to the title the following words: "And for other purposes." 

I call the attention of the House to a letter I have received from the 

Secretary of the Navy in reference to this claim and other claims of a similir character which are pending before the Navy Department or in 

Congress at this time. I send the letter to the Clerk's desk, and ask 

the careful attention of the House to its contents. 

Mr. LANHAM:. Will it not satisfy the gentleman from Illinois to 

send it to the desk simply to have it printed in the RECORD? 

Mr. SPRINGER. No; it is -very important and ought to be listened 

to. 

The Clerk read the letter, as follows: 

NAVY DEPARTMENT, Washington, Febl't£ar'IJ 16, 1888. 

Sm: I have the honor to acknowledge the receipt o_f your communication of 

the lOth instant, inclosing a copy of H. R. bill No. 24.77, "for the relief of Nathan· 

iel McKay and the executors of Donald l\IcKay," and requesting information as to the amount involved in the claims therein specified, and as to the number of cases of contractors similarly situated whose claims may be presented in the event of the bill referred to becoming a law. In reply I have to state that it appears from the report oi the board of offi· cers convened by the Department pursuant to a resolution of the Senate of 

March 9 1865 (Ex. Doc. No. 18, first session Thirty-ninth Congress), "to inquire into and determine how much. the vessels of war and steam machinery con· tracted for by the Depa1·tment in the years 1862 and 1863, cost the contractors over and above the contract price and allowance for extra work," tllat the con· tractors referred to in the bill did not present their claims to that board for ex· amipation, although notified to do so. But their claims were considered by a. board appointed under authority of the act of Congress approved March 2,1867, 

directing the Secretary of the Navy "to investigate the claims of all contractors for building vessels of war and steam machinery for the same under contracts made after the 1st day of May 1861, and prior to the 1st day of January, 1864," 

and the following report in reiation to the United States steamers Squando. 
1888. CONGRESSIONAL RECQRD-HOUSE~ 1313 

Nauset, and Ashuelot was made by the board, and communicated to Congress 

by the Department November 26,1867, and all other information required by ' the act refened to (Senate Ex. Doc. No. 3, second session Fortieth Congress): 

Contract price ...................................... . Whole increased cost of the work over the contract price as claimed by the contractor ......................................... . Amount of such increased cost caused by the delay and action of the Gov- ernment, as determined by the board to be due .. ......................................... . Amount already paid the contractors over and above the contract price 

(obtained from t.he bureaus) ............ . 

1\IcKay & AI- dus,for 

Squando. 

t-'395, 000. 00 

337,_ 329.46 

None ........... 

194,535.70 

DonaldMc- Donald:Mc- Kay, for Kay, for Nauset. Ashuelot. 

5386, 000. 00 $275, 000. ()() 

314,768.93 81,447.50 

None ........... None. 

192, no. 98 22,415.92 

Fro the foregoing statement it will be seen that the contractors therein named presented claims to the Department for compensation for an alleged in- crease of cost of the work of building the Nauset, the Squando, and the Ashue- lot over and above the contract prices therefor; that the contract price for said three vessels was $1,056,000; that the Department had already paid at that time over and above the contract price the sum of $ro9,062.60. and that the contractors made the further claim of $323,483.29, which the board appointed at that time upon said claims reported as not due. From these figures the amount of the present claim upon each boat may be stated ag follows: SQUANDO. 

Amount claimed .................. ............................................................... $337,329.46 Amount allowed by the Department .............................................. ... 194,535.70 . Amount involved in present claim............................................ 142, 'rn3. 76 

• NAUSET. 

Amount claimed ............ ......... ......... ................. .................................. 314,768. 93 Amount allowed by the Department............................................ .. .... 192, no. 98 

Amount involved in present claim··················~························ 122,657.95 

. ASHUELOT. 

Amount claimed...................................................... .. ........................ 81, 447. 50 Amount allowed by the Department................................................... 22,415. 92 

Amount involved in present claim.............................................. . 59,031.58 

Referring to the report made to Congress by the Department November26, 

1867, hereinbefore mentioned as contained in Executive Document No. 3, second session Fortieth Congress, which shows the names of all the contractors whose claims were examined under authority of the aforesaid act of :l\1arch 2, 1867, the names of the vessels built, and the description of work contracted for, the fol- lowing statement will afford you information as to the aggregate sums invol\ed in the claims presented on account of and connected with the building of said vessels, including the three to which said bill relates, namely: 

Total of contract prices under the several contracts ......... ...........• S14, 201,050.00 

AF:gregate amount of claims presented by the contractors for increased cost of the work over the contract price..................... 10, 184,592. 50 Agg1·egate amount paid the contra-ctors by the Department over and above the contract price .............................. :......................... 5, 282, 847. 92 Aggregate amount determined by the board as due to the con- tractors for increased cost of the work over and n.bove tlte con- tract price, and in addition to the sums allowed by the Depart- ment ............................................................................. ~.............. 187,475.56 

Aggregate amount of the sums claimed as due over and above the contract price, the allowances made by the Department, and the amounts determined by the board...... ...... ... .................. 4, 714,269.02 

I deem it proper to state for your further information that the several sums found due the contractors, as reported by the board, were appropriated by the act of Congress approved July 13, 1868 (Stats. at Large, vol. 15, page 379), and thn.t the case of Nathaniel McKay and others was report-ed upon by the Senate Committee on Naval Affairs during the second session of the Forty-fourth Con- gress (Senate Report No. 6S!J). 

Very respectfully, 

Hon. WILLIAM l\1. SPRINGER. 

House of Representatives. 

W. C. WIDTNEY, 

Secretary of the Navy. 

M:r. SPRINGER. I ask the Clerk to return to me that communica- ~. , 

Mr. STONE, of Kentucky. I make the point of order that the 

amendment offered by the gentleman from Illinois is not germane. 

Mr. SPRINGER. The point of order is made too late. We have 

been discussing ~his amendment for :some time. 

The SPEAKER pro tempore. The Chair thinks that after discussion 

has proceeded it is too late to make the point of order. 

Mr. STONE, of Kentucky. In support of the point of order I submit that the discussion had not commenced. The lettel' had b.een sent 

up to be read, but I made the point of order before the discussion com- menced. And I submit that this being a private bill and for a specific 

purpose, the amendment to add the words "and for other purposes" can not be entertained. 

The SPEAKER pro ternpore. The Chair is of opinion that the letter 

could only have been read as partaking of the nature of debate. The 

Chair understood .the gentleman from illinois to send it up to be read as occupying part of his time and the Chair has charged that gentleman 

with the time consumed in its reading. The Chair would not have recognized the right to have the paper read except as debate. The Chair 

is of the o ·on that the point of order comes too late. 

1\Ir. STONE, of Kentucky. I only desire that there should be some discussion of the point of order. 

lli. SPRINGER. I desire the attention of the committee and I will 

be as brief as I possibly can. 

The SPEAKER pro tempore. T.tle gentleman from Illinois will susXIX-83 

pend for a moment. The Chair will state that he has no desire to cut 

off the gentleman from Kentucky from discussing the point of order if 

he desires to be heard. 

Mr. SPRINGER. But not in my time. 

The SPEAKER pro tempore. Of course not. 

U.r. STONE, of Kentucky. I do not want to take up time, but I 

wish to have this question decided and to know whether after a bill has 

passed the House, and thereby bad the indorsement of the House, ~n 

amendment which is clearly not germane to the subject of the bill can be used as an instrument by which the business of this House shall be 

delayed and the consideration of other bills behind this one shall be 

hindered. 

The SPEAKER pro tempore. The Chair remembers a case analogous 

to this, the decision in whi& covers this question. A Representative 

f1·om Kentucky, Mr. White, adopted the same course as bas now been 

taken by the gentleman from Illinois, and the point of order was made 

that he could not be recognized to debate the question on the motion 

to amend the title. Itwasdecidedthenand has since been held bythe 

Chair that debate on the motion to amend the title was in order. 

M.r. STONE, of Kentucky. The only point I desire to make is that 

this amendment is not germane, and it does not seem to me that it can 

ever be too late to make that point. . The SPEAKER pro ternpore. The Chair would have been glad to 

consider that point if it had been made at the time the gentleman from 

ll1inois presented his amendment, but the amendment having been 

offered and discussed, the Chair can not now entertain the point. 

Mr. STEELE. M.r. Speaker--

Mr. SPRINGER. Mr. Speaker, I desire to have the floor to proceed 

with my remarks. 

Mr. STEELE. Mr. Speaker, is there no way of getting rid of the 

speech of the gentleman from Illinois? [Laughter.] 

The SPEAKER pro tempore. The Chair knows none under the rules. 

Mr. SPRINGER. I hope the gentleman from Indiana [Mr. STEELE] 

will not undertake to steal the floor from me. [Laughter]. 

Mr. COX. You stole it from the gentleman from Kentucky f.Mr. 

STONE]. . The SPEAKER pro tempore. The gentleman from Illinois is entitled 

to the floor. 

Mr. BROWNE, of-Indiana. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

1\Ir. BROWNE, of Indiana. What is the question under considera- ·tion? 

The SPEAKER pro tempore. The-question is on the motion of the 

gentleman from Illinois [Mr. SPRINGER] to amend the title of the bill 

that has just been passed. 

Mr. BROWNE, of Indiana. By adding to the title the words ''for 

other purposes?" 

The SPEAKER pro tempore. Yes. 

1\Ir. BROWNE, of Indiana. And the discussion, therefore, proceeds 

to the amendment? 

Mr. SPRINGER. Yes. I want toshowthat it is for other purposes, 

and I want to show what other purposes are involved. Mr. Speaker, 

I ask the attention of the committee to what I am about to say, and I 

shall be as brief as possible in stating the facts. 

Mr. STOl\TE, of Kentucky. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. STONE, of Kentucky. My inquiry is whether I did not have 

the floor and was not recognized as having the floor when the gentleman 

from Illinois [Mr. SPRINGER] rose to offer his amendment. 

The SPE~ER pro tempore. The gentleman from Kentucky [Mr. 

STONE] moved to reconsider the vote bywtiich the bill was passed, and 

also moved that the motion to reconsider be laid on the table. The 

latter motion not being debatable, it took the gentleman off the floor. 

Pending that motion, the gentleman from Illinois [Mr. SPRINGER] 

made a motion, which at that stage was in order, that is to amend the 

title of the bill. The motion of the gentleman from Kentucky will 

come up in order to be voted upon. 

Mr. STONE, of Kentucky. The question I wish the Chair to decide 

is, whether I can be taken from the floor by the gentleman from Illinois 

rising to offer an amendment. 

The SPEAKER p1'o tempore. The gentleman took himself off the 

floor when he made an undebatable motion, and then a.cquiesced in the 

motion of the gentleman from Illinois, making no point of order against 

it till after it had been debated for some minutes, and whatever right 

there might have been to make the point of order, it now comes too late. 

Mr. STONE, of Kentucky. That is all true, sir; but the question 

I ask the Chair to decide is w hetber or not the. recognition of the gentleman fro in. Illinois for the purpose of making a motion to amend took 

away my right to the floor. 

Mr. COX. You being the man who has charge of the bill, too. 

Mr. STONE, of Kentucky. Yes; I being the man who has charge 

of the bill. My question is whether the recognition of the gentleman 

from Illinois deprived me of my rjghts at that time. 

The SPEAKER pro tempore. The gentleman was recognized and 

made his motion, which, as stated before, was not debatable; and then 

the motion of the gentleman from Illinois was in order. 

.-

' 
, 

1314 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 17~ 

Mr. COX. Oh, yes; he was on the floor. 

The SPEAKER pro. tempore. The Chair was of the opinion that the 

gentleman from Kentucky merely desired to move the reconsideration 

of the votet and the gentleman from illinois moved to amend the title. 

1\Ir. STONE, of Kentucky. But I did not yield the floor for the 

gentleman's speech. .1\iy purpose was to bring action upon the bill to a close, and I yielded only for the purpose of the motion to amend being made, not for a speech or an argument on the bill or on the amendment. 

The SPEAKER pro tempore. The gentleman from illinois is en- titled to the floor. 

1!1r. STONE, of Kentucky. I ask to have my question decided, Mr. 

Spea 

The SPEAKER pro temp ore. The Chair has stated the order in which 

the motions were made, and it is evident that under all the circq.mstances the gentleman from illinois is entitled to the floor for the purpose of discussing the matter. 

Mr. SPRINGER. The motion which I have made is--

1\Ir. STONE, of Kentucky. I appeal from the decision of the Chair. 

]')fr. SPRINGER. I do not think I can be taken from the floor after 

I have been on it for ten minutes. After I have taken the floor and 

have had this letter from the Secretru.·y of the Navy read in my time, no point of order can be made that will deprive me of the floor. 

Mr. COX. The point of order can always be made. The gentleman 

from lllinois is flying in the face of the sentiment of the Honse; he 

has committed a sort of a ravishment [laughter] on the gentleman from 

Kentucky and on a lot of statistics, and I propose that a vote on the 

appeal of the gentleman from Kentucky [Mr. STONE] from the decision 

of the Chair shall now be bad. We have some rights on private bills. 

The SPEAKER pro tempore. The Chair desires to state again, in 

order that there may be no misunderstanding on this point, that the 

gentleman from Kentucky [Mr. STONE] moved to reconsider the vote 

by which the bill was passed, and to lay that motion on the table; the 

gentleman from Illinois [Mr. SPRINGER] then rose and moved to 

amend the title of the bill, and the Chair recognized' him for that purpose. The gentleman from Kentucky made no protest against the rec- ognition, and the gentleman from illinois proceeded to debate the 

question by having read at the Clerk's desk what could not be read 

otherwise than as debat-e. And, as a matter of fact, seventeen minutes 

have elapsed since the discussion ~gan. The gentleman from Kentucky, holding that the gentleman from illinois was not entitled to the 

floor, desires now to appeal from the ruling of the Chair. 

Mr. REED. I suggest to the gentleman from Kentucky that we have already got rid of seventeen minutes of this time, and it really 

would be cheaper in point of time, although in nothing else, to let this 

go on. [Laughter.] - Mr. STONE, of Kentucky. I withdraw the appeal. 

The SPEAKER pro tempore. The gentleman from Kentucky with- draws his appeal from the decision of the Chair. 

Mr. SPRfNGER. I am much obliged to the gen~leman from Maine 

(1\Ir. REED]. 

Now, Mr. Speaker, if gentlemen will give me their attention, I think 

they will agree with me that this title ought certainly to be amended, even if the bill should be passed. I have no desire to interpose any 

factious opposition to this bill. I am perfectly willing that it should 

pass upon the vote of the majority of the House, if gentlemen will give me their attention long enough to understand a little further the facts 

in regard to this claim and other claims similarly situated. That is all 

I desire, and if the House will bear with me patiently for a few minutes, 

I shall have said all I wishj.o say; and then the responsibility for the 

passage of the bill will rest ~th those who have recorded themselves in 

favor ofit. 

The first question involved here was the amount covered by the bill, as to which no gentleman could give me accurate information when the 

bill was last under consideration. The Secretary of the Navy states in 

the letter which has just been read that the whole amount claimed by 

the two parties who are claimants in the pending bill, under the original contractwith the Government, amounted to $1,056,000; thatthey 

tiled a claim much in excess of this amount for extras; that the Navy 

Department by a board, or in some other way, passed upon those extras, 

and allowed on that account $409,000, making $1,465,000, which the 

claimants were paid on a contract involving originally $1,056,000. 

They have claimed in addition to the amounts audited by the Navy 

Department the further sum of $323,483, which, according to the state- ment of the Secretary of the Navy, is the amount that these claimants 

would ask in the Court of Claims if this bill should pass. 

I asked the Secretacy of the Navy also what other claims were in a 

similar situation to this, and in this letter he states in reply that other 

contracts were let for the building of gun-boats during the war at about 

the same period that these claims arose; that the whole amount involved in the contracts as originally let was $14,201,000; that the 

claimants presented claims for extras amounting to $10,184,000; that 

the Navy Department, by the adjudications of a number of boards, 

ending in the ordinary way, passed upon these claims of liability 

of the Government for extras, and :finally, in the aggregate, allowed 

to these claimants the sum of $5,282,000 in addition to the con-

) 

, tract prices of their work. So that, it seems, on contracts for tht~ 

expenditure of $14,000,000, the contractors received that sum, and 1 ~ 

also received in addition, for extras ordered by the Government 

$5,282,000. They have received, under the action of the MarchanJ 

board, the further sum of $147,000, leaving $4,714,000 as the amount 

of the claims of these gentlemen still unpaid. This is the amount of 

the claims they are now presenting, or would present, in the Department and before Congress, if-this bill and the other bills in precisely 

the same category should be passed. 

As I said before, this matter has been in controversy for a great ma:.ny 

years. As far back as 1866 the C!lses were reported to the Senate favorably, the report beingmade .by Mr. Nye, then Senator from Nevada. 

At that time Ur. Grimes, then Senator from Iowa, than whom no more honest or able Senator has ever representro. that State in the Congress 

ofthe United States--

.1\fr. HAYDEN. Was not Senator Hendricks :m equally good man? 

Mr. SPRINGER. I can no~ be interrupted now. There was debate 

in the Senate at that time on the subject, and in that debate Senator 

Grimes made this statement, to which I call the attention of his friends 

on this :floor: 

Let it not be supposed by any Senator that after we shall have passed this bill, 

which includes about two and a quarter millions of moneyThat was on one of th9 e contract billsweare therefore absolved from making any future appropriations for contracts entered into between private individuals and the Government under precisely 

similar circumstances, for I have npon my desk an abstract of contracts be- tween the Government and contractors, made under similar circumstances, upon which there would be claims as much entitled to consif!eratiou as almost any that are embraced within the bill now under consideration, amounting to nearly $00,000,000. If there be a loss upon that property equal to the amount which 

it is claimed has been lost by the contractors provided for in this bill, then the : amount. which hereafter will be cla.imcd from the Government by these con- ' tractors will exceed the sum of $12,000,000. 

That was the amount claimed by gun-boat contractors whose cases were in precisely the same condition as these cases. I wish now to call 

attention to a report made to this Honse in the Forty-fifth Congress by 

Mr. John Hanna, of Indiana, at that time representing in this House 

the Indianapolis district, a gentleman well known to all who were then 

members, and especially to members of the Indiana delegation. Mr. Hanna was a member of the subcommittee of the Committee on Naval 

Affairs of this House, and reported several cases of similar import to 

this, and among them, I believe, the one now before the House. 

By the unanimous report of that committee in the Forty-fifth Congress, second session, Mr. Hanna, from the Committee on Naval Affairs, submitted the following report on the claim of Secor & Co. and 

Perine, Secor & Co. : 

The Committee on Naval Affairs, to whom were referred the petition and state- ment of Secor & Co. and Perine, Secor & Co., re pecting the claims for losses sustained in building the harbor and river monitors Tecumseh, Mahopac, and 

Manhattan, also in "!'elation to sundry payments received by them as "extras" on those vessels, having considered the same, respectfully submits the following report: 

Your committee finds that the contract price for the building of each of said 

vessels was the sum of 8460,000; that said contract price has been fully paid; 

that, in nddition to the contract price, the claimants have been paid, on account of said three vessels, the sum of ~14,312.56; being an average of $204,770.85 for 

each vessel above the contract price. A brief history of what has been done by the Navy Department, as well as by 

Congress, with r eference to these three vessels, is as follows : On the 9th of 1\Iarch, 1805, the Senate passed the following resolution: 

"&solved, That the Secretary of the Navy be requested to organize a board 

of not less than three competent persons, whose duty it sha.ll be to inquire into 

and determine how much the vessels of war and steam machinery contracted 

for by the Department, in the years 1862 and 1863, cost the contractors over and 

above the contract price and allowance for extra. work, and report the same to the 

Senate at its next session. None but those that have given satisfa<:tion to the 

Department to be considered." 

Under this resolution Thomas V. Selfridge, Montgomery Fletcher, and 0. H. 

Eldredge were appointed as members ofjthes:board. '.rhat!board:convened, and, among other claimants and contractors, heard the statement of Zeno Secor, one of the fum of Secor & Co. and Perine, Secor & Co., and also heard the statement of James F. Secor, an employe of said firms. This board, in their report, con- cluded by saying : "The board, after 1:\ 01·itical examination of the bills of cost presented by the 

several contractors for vessels and steam machinery contracted for in the years 1862 and 1863, who have appeared and made sworn statements, has determined 

the excess of cost in the several cases, over and above the contract price and allowance for extra work, to be as follows: 

N arne of vessel. Contractor. 

Tecumseh ........•.......................... Z. & F. Secor .................... ...... . l\1ahopac ............... ...... .......•....... Z. & F. Secor ...... .................... . 1\Ianhatta.n ................................. W. Perine, Z. & F. Secor ......... . 

Excess of co t determined 

by board. 

$119, 020. 57 119,020.57 

ll9,020.57 

It appears that the report of this board wasnotcarriedinto effect, and is therefore alluded to as the judgment of one tribunal. 

Afterward, on the 2d of March, 1867, Congress passed ~.n act pt ov~ding for th_o 

creation of a board, who by the law were empowered to asce n the addi- t ional cost w hich was necessarily incurred by each contractor 1 the comple- tion of his work by reason of any changes or alterations in the plans and speci- fications required, and delays in the prosecution o f the work occasioned by th e Government which were not provided for in the or:gino.l contract; but no allow- ance for any ad>ance in the price of labor or m aterials shall be considered, un- less such advance occurred durin~ the prolonged time for completing the work 

rendered necessary by the delay resulting from the a<:tion of the Government 

. 
1.888. CONGRESSIONAL RECORD- HOUSE. 1315 

a.foresaid1 and then only when such advance could not have been avoided by the exerciSe of ordinary prudence and diligence on the part of the contractor." Under this act of Congress a board, consisting of J. B. Morehouse, J. N. King, und Ed ward Fost~r, was organized. These same claimants submitted their claim to this board, who found that the contract price for the construction of the three vessels was the sum of $4.60,000 each, or 81,380,000; that the whole increased cost of the work over the contract price, as claimed by the contractors, was the sum of$1,236,101.22; amount of such increased cost caused by the delay and action of the Government as determined by the board to be due, $115,539.01; amount al- •eady paid the contractors over and above the contract price, $521,195.58. 

Afterwards, on the 6~h of August, 1869, by order of the Secretary of the Navy, another board was organized, consisting of Thomas S. Boggs, Charles H. LoWI·y, and J. W. Easby, for the purpose of examining the cla.ims of Messrs. Secor & Co. and Perine, Secor & Co. for charges extra to the contracts in the construction of the harbor and river monitors Tecumseh, Manhattan, and Mahopac. This committ-ee or board performed the duty assigned them and made report to the Secretary of the Navy. The Secretary of the Navy, in a letter to the Chief of Bureau of Construction and Repair, under dat~ of December, 1869,'says: "The board appointed by the Department by order dated August 6,1869, to ex- amine and report in writing concerning the claims of Secor & Co. and Perine, Secor & Co. for charges extra to the contracts in the construction of the harbor and river monitors 1.'ecumseh, Manhattan, and Mahopac, having r eported, un- der date of August 20, 1869, that they have examined the matter submitted and find that there is due from the Department to the said persons the sum of $93,- 116.98, and recommend the payment of the same, and I having myself exam- ined the said reports and the bills and papers, and finding the said claims so due to be for work actually done and accepted, and finding also the previous orders of the Department that all bills of this character to the various contractors be paid alike, and that other parties have been paid bills under like circumstances, I hereby approve the report of said board and direct that the sums thereby re- ported due and recommended paid to the said firms, amounting in the aggregate to !93,116.98, be paid to them, respectively, in accordance with said reports, and the bills will be made out and paid accordingly." Your committee further find that this sum of $93,116.98 has since said report been fully paid, and this sum, added to the amount found by the Morehouse board, makes the said sum of $614,312.56, the sum paid over and above the contract price. 

Now, in view of all these facts, the claimants come again and ask Congress to .authorize the Court of Claims to take jurisdiction of these alleged claims and ascertain whether or not some additional sum can not be had out of the Treasury. 

First, they get the contract price. Second, their claim for extra work, as ad- justed by the officers of the Navy, is received. Third, the amount found to be due by the Morehouse board is received, and a receipt given in full discharge of all claims against the United States on account of the vessels upon which the board made the al1owance as per thejr report under the act of March 2, 1867. The a.ct of Congress of July 13, 1868, providing for the payment of these awards re- quired that the receipts so given should thus be a finality. Fourth, the B oggs board, created by the Secretary of the Navy, make an additional al1owance of $93,116.98, and that has been paid. 

Pray when are we to have a finality? The alleged claim is barred by the stat- ute of limitation. It has been adjusted by a board created at the instance of claimants, and the award received was receipted for in manner and form as stated. The claimants are est.opped by every rule of law or equity from further asserting lawful claim. With full payment, limitations, and estoppel staring us in the face, we are asked to consent that the whole m att-er may be relitigated. To consent would be to trifle with public justice. Your committee report adversely. 

Following immediately after that report from the same Committee on Naval Affairs at the same session of the same Congress, the second 

session of the Forty-fifth Congress, Mr. Hanna, from the Committee on Naval Affairs, submitted the following report on the claim of Nathaniel 

1\fcKay (the claim now before Congress), in which he says: 

The Committee on Naval Affairs, to whom was referred bill H. R.1969, having considered the same, resp~ctfully submit the following report: 'l'his is a bill for the relief of Nat.haniel McKay, who claims "further compen- sation for the construction of the light-draught monitor Squando, one of the vessels referred to and embraced in the act entitled 'An act for the relief of certain contractorsfor the construction of vessels of war and steam machinery,' 

approved 1\Iarch 2, 1877." The bill proposes to refer this claim to the Court of Claims for adjudication, vesting that court with "authority and jurisdiction" in the premises. Under the facts and the law, should the prayer for relief be granted? Without going into all the details, it is sufficient to say that during the late war the Secretary of the Navy was authorized and empowered by law to con- tract for the construction of a number of a certain class of vessels, of which the monitor Squando was one. Yourcommitteefind that McKay& Aldus were the contractors; that the contract price was $395,000; that the whole increased cost of the work over the contract price as now claimed by the contractors is the sum of $337,329.46; that the contractors have been paid the full contract price, and in addition thereto have also been paid the sum of $194,535.70. From all the information which your committee has been able to obtain, it seems that the contract provided for the payment of a specific sum of money, and then in case of changes or modifications of plans or unreasonable delays caused by the Governmeo t, such additional sum as they might fa irly be entitled to. Upon settlement with the Secretary of the Navy1 it appears that, in addition to the contract price, they were paid and they rece1ved from the Government the sum of $194,535.70, as the sum found fairly due them in addition to the con- tract price on account of changes, modifications, etc. Then they claimed $337,-

329.46, but that claim was investigated and passed upon by officers provided by 

law, nod the sum found fairly due and owing by virtue of the terms and pro- viBions of the contract was $19-.i,535.70, and this sum was paid to and accepted by the contractors. 

Thus the matter was first adjusted in manner and form as by law provided. It appears that afterward, on the 2d of March, 1867, Congress passed an a(:t en- titled ··An act for the relief of certain contractors for the construction of vessels of war and steam machinery;" that to carry into effect the provisions of this act the Secretary of the Navy, on the 6th of July, 1867, appointed a board, to whom claims of this character should be referred for.re-examinntion and report to Congress. That board consisted of Marchand, King, cand Foster. On the 4th of December, 1867, the Secretary of the Navy communicated to Congress the report of that board. It appears that l\fcKay & Aldus submitted to that board their claim for remuneration. The board found and reported the contract price; that it had been paid the amount overpaid by reason of changes and modifica- tions of plans; but that nothing additional was due the cl,aimants on account of the matters complained of. Thus for the second time bas this claim been acted upon Tn manner provided by law. Competent and lawful authority has twice settled this matter adversely to the claimants. Your committee is clearly of opinion that the claim is without merit; that it has no foundation in either law or equity. 

Having arrived at this conclusion upon the merits, it is deemed unnecessary to present the questions of limitations and estoppel, each of which would be fatal to the claim. Courts regard with favor statut-es of repose. and do not favor reopening matters of controverSy in the absence of fraud. The time has come when this claimant and all of the same class should distinctly understand that t-hey have had their day in court, and that it will be fruitless to attempt further recogni- tion. 'l'he Government, by no known rule of la.w or equity, ought t.o consent that claimants of this class may enter her courts for further hearing. Such policy would not subserve the ends of justice. 

More, further exhibits were made in this case, but it is not necessary 

I should go over them at this time. 

Another report was submitted by 1\Ir. Hanna, from the Committee on Naval Affairs, for thereliefofcertainnavalcontractors. It was sub· mitted February 28, 1878, and is as follows: 

The Committee on Naval Affairs, to whom was referred the bill (H. R. 1264) for the relief of certain contractors for the construction of vessels of war and steam machinery, having considered the same, submit the following r eport: All the matters of law and fact necessarily embraced in the consideration of this bill have been duly considered by the committee. The reports submitted on bill H. R. 1969, "A bill for the relief of Nathaniel McKay," and on the memo- rial of Secor & Co. and Perine, Secor & Co. 1 present fully the views and con· ' elusions to which your committee have arnved. The original contract price appears, in every instance, to have been paid. All lawful charges for extra work appear to have been fully paid. A board created by law, at the special instance of these contractors, have heard and determined all the matters complained of, and in all cases where said board found any sum due the contractor such sum has been received and receipted for in full of all claims. In some instances n o sum whatever was found to be justly due. Your committee are of the opinion tba.tall the claimants who are seeking further relief by virtue of the provisions of this bill have had their day in court; that great wrong and injustice might and would be done the Government to in any manner further recognize the existence of any legal or equitable claim against the Government; that by well- settled rules of law these alleged claims are not only barred, but in fact are with- out merit. Your committee therefore report adversely. 

Further, I find in the same book the report submitted by the same gentleman with regard to the claim of Donald McKay, one of the claim- ants involved in the pending proposition, in reference to which they 

say briefly: 

This bill is of a similar character to House bill No. 1969, and the law nnd the facts applicable thereto are the same to all intents and purposes. 

Therefore on that bill the committee also reported adversely. 

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

Mr. SPRINGER. I will. 

J\ir. BLAND. I notice the name of Secor amongst the claimants to 

which you have referred, and I would like to ask if the pending bill 

proposes to pay any portion of that claim. 

Mr. COX. Not a dollar. 

Air. BLAND. I am acquainted with the fact that a certain distinguished Secretary of the Navy acquired that prefix to his name be- cause of a certain connection, or alleged connection, with that claim, 

which was denounced throughout all parts of the country and especially 

by the Democratic press. If this is the Fame claim, or if it is involved- of course, I do not know-we ought to investigate and ascertain the 

facts in relation to it. For if there ever was a claim that received severe denunciation, and especially from the Democratic side of the 

House and press, this is the one. .. M:r. SPRINGER. The Secretary of the Navy in the .letter I have had 

read uses this language : 

Referring to the report made to Congress by the Department November 26, 1867, hereinbefore mentioned as contained in Executive Document No.3, second ses- sion Fortieth Congress, which shows the names of all the contractors whose claims were examined under authority of the aforesaid act of March 2, 1867, the names of the vessels built, and the description of work contracted. for, the fol- lowing statement will afford you information as to the a~g1·egate sums involved in the claims presented on account of and connected w1th the building of 53.id vessels, including the three to which said bill relates. 

Then following is presented a table, showing the several sums claimed. 

Now I have that executive document referred to there before me, and . I find this caption to a table of those claims: 

Tabulated statement showing the action of the board appointed July 6, 1867, 

by the honorable Secretary of the Navy to examine the claims of certain con- tractors for the construction of vessels of war and steam machinery, under the act of Congress approved March 2, 1867. 

.And the very first name in this tabulated statement is the name of 

Secor & Co., and Perine, Secor & Co., for the monitors Manhattan, Tecumseh, and Mahopac, and the contract price was $1,380,000. 

The Government paid, however, in addition to the contract price, for: 

extras ordered by the Government, the sum of $521,000, and also by 

the Marchand board $115,000, and they have still claims, I presume, 

according to what it is said the extras would cost, amounting to some- thing over a million of dollars in addition. 

Mr. O'FERRALL. Let me ask the gentleman if this is one of the 

claims to which he refers? 

Mr. COX. There, yon have got him. 

:Mr. SPRINGER. I will answer the gentleman. The claim in the 

bill is for building the Ashuelot, the Squa.ndo, and one other vessel, 

and the contract price is specified for the three. But the Secretary of 

the Nary refers to the list of claims which are similarly situated; that 

is, claims which stand upon the same basis as those to which he refers 

in that letter. The Secretary referred me to the executive document 

which I hold in my hand as showing the claims similarly situated, -

which the Secretary states would amount to an extra claim above the 

amount already allowed by the Government of $4,700,000. 

Mr. COX. Now, will the gentleman yield a moment? 

J'l.Ir. SPRINGER. Yes; for a question. 

. I 
1.316 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 17, 

Mr. COX. I desire to be heard for a few moments. the House. He is discussing other cases. When he gets through disIf the claim now pending is not one of the class of claims to which cussing them I would like to know where is the simHarity between those 

you refer, why do you argue it? cases and this case. 

Mr. SPRINGER. I will show you why. Mr. SPRINGER. The similarity is this: In the beginning of the 

Mr. COX. Let me say something before you show it. war the Government passed an act authorizing the construction of gunMr. SPRINGER. I can not yield now. · boats, and appropriating some ten or fourteen million dollars for that 

If it is right to grant the relief asked to McKay, that is one ques- purpose. Contracts were let about the same time to parties in different 

tion; but it is a claim exactly in the same predicament as the other cities, and the work progressed for some months. After the work was class of claims to which the Secretary refers, ancl I will show that we completed it was found there bad been great delays and extras ordered; are already called upon to do the same thing in several other cases of and all the contractors came forward and demanded extra pay. They 

this kind. I desire to call the gentleman's attention to the fad that were paid extra. That did not satisfy them, and they got a general 

there is pending now House Report 147 from the Committee on War bill passed to a1low them all to go to the Court of Claims. That bill 

Claims upon the case of Perine & Co., which was one of the Secor President Grant vetoed. Since then these claimants have been seeking 

claims, and will come following quickly along in the track of this one relief in separate bills, as does the claimant in this bill; and there are 

if this is passed. There is also the case of Alexander Swift & Co., other cases on the docket arising under the same circumstances, which one of the claims similarly situated, which will be pushed along in a will be up for consideration in the Committee of the Whole House as 

few days, if we go on with the Private Calendar. we progress in the consideration of the Private Calendar. 

Mr. Co:x: rose. One of these cases went to the Court of Claims by virtue of a special 

Mr. SPRINGER. I yield for a question to oblige my distinguished act of Congress aud thence it went to the Supreme Court. And the 

and courteous friend. Supreme Court in that case held as follows: 

Ur. COX. I thought the gentleman had concluded. I want to be It iJ very clear that both parties contemplated the probB.bility that the work heard a moment. would not be CQ,IDpleted at the precise period of eight months from the date of the contrac~ They also contemplated that changes would be made in the con- Mr. SPRINGER. I will yield later. ~ struction of the battery. They made such provision for the~e matters as they 

Mr. BLAND. Do I understand that the Secretary of the Navy puts deemed necessary for the protection of each party. For the reasonable costancl 

all of these~ claims upon the same footing? expenses of the changes made in the construction payment was to be-made, but for any increase in the cost of the work not changed no provision was made. 1\Ir. COX. But they are not in this bill. There was a provision for delay, by which the contractor was to submit to 

Mr. BLAND. They are claims of the same class. There is no dif- pay $4,500 for every month of that delay. '!'h is provision, the only one on that 

ference between them. subject, if strictly enforced, might have made him a still greater loser, but it · seems to have been waived. But we are very clear that without any such pro- :Mr. COX. But they are not in this bill at all. vision he must be held to have taken the risk of the prices of the labor nnd rna,. 

~lr. BLAND. Whether they are or are not, they are claims of the terials whic4 he was bound to furnish , as every ot.her contractor does who 

same class, and it is so stated by the Secretary of the Navy. ag-rees to do a specified job at a fixed price. It is one of the elements which he takes into account when he makes his bat·gain, and he cnn not expect the other Mr. COX. They do not come in this category at all. party to g-uaranty him against unf<worable changes in those prices. 

1\Ir. KERR. May I ask the gentleman from Illinois a question? The judgment of the Court of Claims is affirmed. 

1\lr. SPRINGER. Yes, sir. The argnmentis given at length upon this particular case, aud theparMr. KERR. Is the same principle involved in this bill as is involved. ticular question involved, which was Taised in this cJse on last Friday, in the other cases to which the gentleman has been referring? _ as to whether the receipt was a bar to the claim, was passed upon by 

l\Ir. SPRINGER. Precisely so. If we grant the relief asked by this the court in that case, where a receipt was produced, and the court was claimant we can not in conscience refuse any other man who comes and of the opinion that the receipt was a bar to any further Tight on the 

asks to have his case reopened, unless this man is to be peculiarly part of the claimant to present a claim against the Government. That 

favored and others turned away empty who ask for relief. I call the was the opinion of the court in a case under precisely the same condiattention of the House to the opinion of the Supreme Court of the tion of afth.irs that exists in the case now pending. 

United States on a claim similar to tliat now pending. Mr. CASWELL. Let me remind the gentleman that these were con- Mr. LANHAM. May I ask the gentleman a question? tracts for a class of monitors, all in the same class, all alike; the Gov- Mr. SPRINGER. Yes, sir. ernment was not conversant with their construction·, but was obliged to 

Mr. LANHAM. I think I understood the gentleman to make a state- change the plans from time to time. In the Forty-fifth Congress Mr. 

ment that a bill for the relief of these claimants was vetoed. Hanna went to the very bottom of the question and made an exhaustIr. SPRINGER. Yes, sir. - ive Teport, and the House was disposed to agree with his conclusions as Mr. LANHAM. On '}'hat grounds was it vetoed? , to this class of claims and went against ihe bill. · 

l\Ir. SPRINGER. There was a veto of a bill which allowed all the :Mr. SPRINGER. It is true, Mr. Speaker, that these cases were ex- persons embraced in this list, numbering fifteen, twenty, or more, to go haustively treated in the Forty-fifth Congress, in a report made by Mr. 

to the Court of Claims. Hanna, whicl;t received the unanimous approval of the House at that 

Mr. P .d. YSON. What was the ground of the veto? time . .Mr. SPRINGER. President Grant vetoed the bi1l on the ground Mr. CASWELL. And he was one of the ablest lawyers in this 

that it allowed these parties to show that some of the damages were House. 

caused by' the increased prices brought about by the inflation of the :Mr. SPUINGER: Yes; gentlemen who knew 1\Ir. Hanna know that 

currency. The President thought that was not a good ground for re- he was one of the ablest lawyers in the State of Indiana, and one of the 

lief, and vetoed the bill. ablest lawyers upon the floor of this House at that time. 

Now, as to another case, the case which was before this House in the Now, Mr. Speaker, I have said all that I desire to say in regard to 

Forty-seventh Congress. The gentleman from Georgia, Mr. Hammond, this case. I only want to ask the House to treat this as a serious matter ou two separate Fridays made speeches in opposition to the passage of of business. These parties have had their day in court. They have 

the bill for the relief of that claimant. And in that Republican Con- shared liberally of the bounty of the Government. They received their 

gress, after that distinguished gentleman had shown the injustice of pay. At a time when the Government was in possession of all the facts, 

that hill, the committee rose, and the House without division recom- when the witnesses were alive, the claimants were heard in at least two 

mitted it to t.he Committee on War Claims; and it has never been heard distinct boards, which were provided for the hearing of these cases. 

of since in this House. . After that Mr. Robeson was Secretary of the Navy, and he assisted one There was another case of the same kind, where a claimant was ask- of these claimants in furthering his claim forlarger compensation; and 

ing to be heard, in the Forty-seventh Congress. A bill was passed for gentlemen know that the result of that effort on his part has cau ed the 

the relief of one of these gun-boat contractors. It went to the Court of name of Secor to be regarded with distrust throughout the country. 

Claims; from the Court of Claims it went to the Supreme Court ofthe That Secor case was just as meritorious as this is, so far as the right 

United States, and it was decided by Mr. Justice Miller, or rather Mr. to go before the Court of Claims for a new hearing is concerned1 and if 

Justice Miller pronounced the unanimous judgment of the court. To you pass this bill you must pass every bill where a claimant comes here 

that de(:!ision I ask the attention of the lawyers on this floor who desire and says to you that he is not satisfied with the judgment of the trito do justice to the Government as well as to the claimant in this bunal which was created to pass upon cases like his which sat close to 

matter. the scene, and at the time of the contract, and which finally, and, as I 

A M:El\.r:BER. What case is that? had supposed forever,adjudicated these claims. But if the Government 

Mr. SPRINGER. It is the case of Charles P. Chouteau, surviving is never to have relief, if we are to be harassed with these matters 

partner of the firm of Chouteau, Harrison & Valle, and William A. at every session of Congress, then pass this bill, pass this claim, pass 

Steel, appellants, vs. The United States, found in 95 United States Re- others similarly situated, undo all the adjudications of the war, and 

ports. you will soon arrive at the condition which Senator Grimes predicted in 

Mr. O'FERRALL. Will the gentleman from Illinois allow me to the Senate oftbe-UnitedStatesmanyyears agowhen he saidthatclaimask him a question? ants similarly situated and having an equal right to a rehearing of their 

1\Ir. SPRINGER. Yes, sir; but I do not desire to be diverted from claims, would come in and demand of the Government at least 560,- my present point. 000,000 upon matters long since disposed of and supposed to fore>er be 

Mr. O'FERRALL. I want to understand this. I understand the settled.. I thank you, gentlemen of the House, for your very kind atgentleman from Illinois is not now discussing the case at present before tention. 
1888. CONGRESSIONAL RECORD-HOUSE: 1317 

1\Ir. STONE, of Kentucky. Mr. Speaker, ever since I came into the 

House of Representatives, more than two years ago, I have continually 

found upon this floor gentlemen who seek to make reputation with their 

constituents at home, in order that they may be re-elected to seats here, 

by producing enormous arrays of :figures whene>er a claim against the 

Government is presented. Pushed to the last extremity, they surround every claim that comes before this House with a mass of figures 

and a bringing in of names obnoxious to the country, for the purpose 

of trying to defeat not only the hill under consideration at the time, 

but every other bill that is pending before the House for the payment 

of any claim against this Government. Gentlemen who have listened 

attentivelytotheremarksofthegeutlemanfromlllinois[Mr. SPRINGER] 

must see clearly that those remarks are made, not for the purpose of 

showing even the shadow of an objection against the justice of this 

claim, but for the purpose of casting discredit upon it by coupling it 

with other claims which have arisen out of the building of other ves- sels, and in connection with which there has been more or less scandal 

in the counh·y. The claimants in this case have never received any 

pay at the hands of the Marchand board. 

These are an entirely distinct class of cases. The only resemblance 

between the two classes of cases is in the fact that they both originated 

in the construction of a vessel or a set of ve~els. The gentleman has 

read here adverse reports that have been made on other claims, what 

the Secretary of theN a vy ha8 said and what certain gentlemen have said 

in their speeches, and in every one of them the McKay case is referred to 

simply as one of a class of cases originating out of the building of ves- sels. That is all. I call the attention of the House to the bill in this case. It is guarded at every point. There is no chance for the Governmept to become liable for a single solitary dollar if it can be shown 

that these claimants have already been paid for their extra labor. 

ltfr. SPRING~R. Will the gentleman allow me to make a suggestion? 

Mr. STONE, of Kentucky. No, sir; I will not. Just please sit down 

and keep quiet. [Laughter.] I am running this side of the machine. 

Mr. SPRINGER. All right. 

Mr. STONE, of Kentucky. The gentleman hM attempted to make 

the House believe that this is an outrage which is attempted to be practiced upon the country; that we are here attempting to pass a bill by 

which enormous frauds are to be perpe~rated, a bill injurious to the 

best interests of t.he country. 

That is not true; not a word of it is true. This bill hM passed the 

House, and by such a majority 8.8 indicates that members have examined 

the question and have become satisfied 8.8 to the merits of the measure. In addition to that, I will say there have been favorable reports on. 

this very bill and on bills very much harder to defend than this. There 

have been six reports from six Committees on War Claims in this House, 

and eight favorable reports in the Senate of the United States. Four 

times has this proposition passed the House and six times has it pMsed 

the Senate. Yet gentlemen who oppose this bill would have you believe that it is an enormity; that it is favorably reported to the House 

for the first time; that it is an attempt to accomplish somethingw hich 

would involve the country in an immense expenditure. There is no 

obligation resting upon the House to pass any bill with regard to any 

other claim, because perchance this bill may pass. 

But, gentlemen, these claimants have not been paid; that is what 

they assert, that they have not been paid. They come to Congress and 

ask to be allowed to go to the Court of Claims and show whether they 

have been paid or not. The bill is so well guarded that every dollar 

which the claimants have ever received will be charged against them 

in the settlement of their accounts; and if nothing is found to be due to 

them, they will get nothing. If all this array of stuff which has been 

brought in hero by the gentleman from Illinois can be shown to be 

relevant to the McKay case, then the McKays will get nothing. 

I, for one, am willing, where men make a reasonable show ofajust 

claim, to allow them to go to the courts for a determination whether or not they have such a claim. That is all there is in this case. The 

speech of the gentleman from illinois bas been gotten up for the purpose simply of delaying the business of the House--

Mr. SPRINGER. Oh, no. Mr. STONE, of Kentucky. And of exhibiting the gentleman before 

the country as opposing fraudulent claims. He has succeeded in destroying, for practical business purposes, another day allotted to the 

people of the. country, the only day in every week on which needy 

claimants may come before Congress asking relief. The rest of the 

week is taken up, Mr. Speaker, with attempting to discuss questions of 

great national importance, which go down from one Congress to another and are never acted upon finally, because the two ''wings'' upon either 

side of the House do not happen to "flap together." Yet, too often 

this one day of the week, which is of so much importance to the people 

of the country, in order that they may have their private righ ts determined here, is destroyed, as this day hM been, and for no other purpose than to keep claimants like these from having a proper hearing before Congress or the courts. 

U r. Speaker, I have said aU on this question that I want to say. 

I am not here to advocate improperly the payment of the claims of Mr. 

McKay or any other man, but so long as I am in Congress I am willing to raise my voice in behalf of allowing men who have the showing 

of a just claim against this Government-not to have their cases passed 

on in Congress upon ex parte testimony, but to have them examined by 

a court, and the question judicially determined whether . they are en- titled to any hing or not. 

Mr. Cox rose. 

Several MEMBERS. Demand the previous question. 

Mr. STONE, of Kentucky. How much time does the gentleman 

from New York want? 

Mr. COX. Only a few moments. 

Mr. STONE, of Kentucky. I yield to the gentleman such time as 

he may wish. 

Mr. COX. Mr. Speaker, at the conclusion of my remarks I shall 

demand the previous question, so as to save, if possible, some part of 

to-day for valuable business purposes. 

When the gentleman from Illinois [Mr. SPRINGER] the other day: 

defied the House, and said that he did not care, that he would speak 

his hour or three-quarters of an hour at his plea8ure, I almost wished 

the incident had occurred in the English Parliament-- Mr. PAYSON. I rise to a question of order. We are all desirous 

to hear what the gentleman from New York says, and he can be easily 

heard if gentlemen will remain in their seatB. 

The SPEAKER pro tempore. The House will come to order. Gen- tlemen will take their seatB. 

Mr. COX. I will make ]lly remarks very brief. The gentleman from 

Illinois evidently thought to-day to make the impression by his large 

array of quarto upon folio that the Secor case and other cases which are odious belong to the same category as the McKay case. The gen- tleman knows that this bill is supported by gentlemen here to day who 

voted all the way through aoo-ainst the Secor cases; and I am one of 

them. But I nevervoted, and neverwill vote, todefeataclaimagainst 

this GoveJ:nment upon a contract when the Government has changed 

the plans upon which the contractwas based, and bydoingsohasraised 

the cost of the work to the contractor. There is the equity of this case. Does the gentleman from Illinois get at the equities of the case? Have 

these cases ever been decided upon equitable considerations? Never. 

The very point of this bill, which is guarded by half a dozen provisos, 

is all the way through that the contractor shall have, as a matter of 

equity, the benefit of such additional allowance as should properly be 

made by rea8on of changes in the plans of the vessels after the contract 

was made. 

On this matter I take the view which any fair man engaged in ordinary business must do. I have sometimes made contracts with builders 

for the erection of a house; I have had occasion to do so in this city; 

and if, after making the contract, I change the plan of my parlor, or my 

basement, or my attic, if I had one, like the gentleman from Illinois 

[laughter], I would not expect the cost of these changes not contemplated by the contract to be thrown upon the builder. I would pay 

him extra for the additional expense of the change. I would be an honest man by paying him for the change. I would not be the unreasonable person to go around and make changes in the building of my 

house and expect the builder to pay for them. I would give the man quid pro quo; that is the Turkish for quantum meruit. _f Great laughter.] 

A man who does not stand up for equity, who under!\kes to ring in old cases which have no relevancy to this case, ought to have the previous 

question called on him. [Great laughter.] And I call it now. Mr. WILSON, of Minnesota. May I ask the gentleman a· question? 

Mr. COX. No; I have taken up so much. time already. The SPEAKER pro tempore. 'l'he gentleman declines to yield. . 

Mr. WILSON, of Minnesota. I hope he will not decline to yield to me. M:r. BLAND. I rise to a parliamentary inquiry. 

The SPEAKER pro teinpm·e. The gentleman will state it. 

Mr. BLAND. What is the question pending? 

The SPEAKER pro tempore. The question pending is the amend- ment offered by the gentleman from illinois [Mr. SPRINGER] to the 

title of the bill, upon which the gentleman from New York has demanded the previous question. 

Mr. WILSON, of Minnesota. May I ask the gentleman from New 

York one question? 

M:r. COX. I have demanded the previous question; I will not take 

up the time of the American Congress--

:Mr. WILSON, of Minnesota. I hope there will be no attempt to 

choke off the fullest debate on this subject. 

Mr. BLAND. Why was not this claim paid twenty years ago? 

Mr. COX. Because some person WM derelict. 

1t1r. SPRINGER. Four hundred thousand dollars additional have 

been pairl already on these cases. . M:r. HOUK. The fault has been with this House that they have not 

been paid. 

The previous question was ordered. 

Mr. SPRINGER's amendment to the title was disagreed to. 

The question recurred on the motion of the gentleman from Kentucky [Mr. STONEj to lay the mot ion to reconsider the vote by which 

the bill WM passed upon the table. - The House divided; and there were-ayes 111, noes 22. 

_ \ 
1318 CONGRESSIONAL REOORD-H.OUSE. FEBRUARY 17, 

:Mr. BLAND. No quorum has voted. 

The SPEAKER pro tempore appointed 3.'3 tellers Mr. BLAND and Mr. / 

STONE, of Kentucky. 

Mr. TOWNSHEND with Mr. O'NEILL, of Pennsylvania. 

The following were announced as being paired for this day: 

Mr. THOMPSON, of California, with Mr. WOODBUB.N. 

The House again divided; and the tellers reported-ayes 147, noes Mr. McADoo with Mr. HERMANN. 

17. 

Mr. SPRINGER. I demand the yeas and nays on the motion to lay 

the motion to reconsider on the table. 

Mr. COX. I demand tellers on the yeas and nays. 

The SPEAKER pro tempore. Those in favor of tellers on the yeas 

and nays will rise. [After a pause.] Tellers are not ordered, 8 only 

having risen. 

Mr. COX. I withdraw the demand for tellers. 

The yeas and nays were ordered. 

The question was taken; and it was decided in the affirmative-yeas 

154, nays 74, not voting 95; as follows: 

YEAS-i54. 

Adams, Crous(', 

Allen, C. H. Dalzell, 

Allen, E. P. Darlington, 

Anderson, A. R. Davis, Arnold, De Lano, 

Baker, 0. S. Dingley, Bayne, Dougherty, Bingham, Dunham, 

Blanchard, Enloe, 

Bliss, Farquhar, 

Boothman, Felton, 

Bound, Finley, 

Boutelle, Fisher, 

Bo;vden, Flood, 

Bowen, French, 

Breckinridge, C. R. Fuller, 

Brewer, Funston, 

Brower, Gaines, 

Browne, T. H. B. Gallinger, 

Browne, T. M. Gear, 

Brown, C. E. Gest, 

Bryce, Glover, 

Buchanan, Greenman, 

Bunnell, Grimes, 

Burnett, Grout, 

Burrows, Guenther, 

Butler, Hall, 

Butterworth, Harmer, 

Campbell, Felix Hayden, 

Campbell, J. E. Henderson, D. B. 

Campbell, T. J. Henderson, T. J. 

Cannon, Hires, 

Catchings, Hogg, 

Cheadle, Holmes, 

Clark, Hooker, 

Cogswell, Hopkins, A. J. 

Compton, Hopkins, S. T. 

Cooper, Houk, 

Cox, Hovey, 

Howard, 

Jackson, 

Kean, 

Kelley, 

Kennedy, 

Laidlaw, 

Lee, 

Lehlbach, 

Lind, 

Lodge, 

Lyman, . Macdonald, 

Mahoney, 

:li:Iason, 

McComas, 

McCormick, 

McCullogh, 

McKinley, 

1\IcKinney, 

Merriman, 

?o-Iontgomery, 

Morrill, 

Morrow, 

Neal, 

Newton, 

Nichols, 

O'Donnell, 

. O'Neill, J. J. 

Osborne, 

Outhwaite, 

Owen, 

Peters, 

Post, 

Pugsley, Reed, 

Rice, 

Richardson, 

Robertson, 

Rockwell, 

NAYS-74. 

Abbott Crisp, 

Allen, J. M. Culberson, 

Anderson, 0. L. Dargan, . Anderson, G. A. Davidson, A. 0. 

Atkinson, Dockery, 

Baker, Jehu Elliott, 

Bankhead, l!'orney, 

Barnes, (!lass, 

Bland, Hatch, 

Breckinridge, WCPHayes, Buckalew, Heard, 

Bynum, Hemphill, Cjtndler, Henderson, J. S. ~arlton, Holman, 

Caswell, Hopkins, S. I. 

Clements, Budd, 

Cobb, Hutton, 

Cothran, Johnston, J. T. 

Cowles, Jones, 

Kerr, 

Kilgore, 

:La Follette, 

Lagan, 

Landes, 

Lane, 

Lanham, 

Lynch, 

Maish, 

:Martin, 

111atson, 

McCiammy, 

McMillin, 

McRae, 

McShane, 

1\Ioore, 1\Iorgan, 

N elson, 

Oates, 

NOT VOTING-95. 

Anderson, J. A. Ermentrout, Mansur, 

Bacon, Fitch, McAdoo, 

Barry, Foran, 1\Ic<Jreary, 

Belden. Ford, 1\IcKenna, 

Belmont, Gay, Milliken, 

Biggs, Gibson, Mills, 

Blount, Goff, Moffitt, 

Brown, J. R. Granger, 1\Iorse, 

Brumm, Grosvenor, Norwood, 

Burnes, Hare, Nutting, . Caruth, Haugen, O'Neill, Charles 

Chipman, Herbert, Parker, 

Clardy, Hermann, Patton, 

Cockran, Hiestand, Payson, Collins, Bitt Penington, Conger, Hun'ter, Perry, 

Crain, Johnston, T. D. Phelan, 

Cummings, Ketcham, Phelps, 

Cutcheon, Laffoon, Pidcock, 

Davenport, Laird, Plumb, 

Davidson, R. H. M. Latham, Randall, 

Dibble, Lawler, Rayner, Dorsey, Long, Rowland, 

Dunn, M:affett, Russell, C. A. 

So the motion to lay on the table was agreed to. 

Rogers, 

Romeis, 

Rowell, 

Russell, J. E. 

Ryan, 

Sawyer, 

Scott, 

Scull, 

Shaw, 

Sherman, 

Snyder, 

Spooner, 

Stahlnecker, 

Steele, 

Stewart, J. W. Sl~ne of Ky. 

Struble, 

Taulbee, Taylor, J.D. 

Thomas, G. M. 

Thomas, 0. B. 

Tracey, 

Turner, E. J. 

Wade, 

Walker, 

Warner, 

Weber, 

White, J. B. 

White, S. V. 

Whiting, J. R. 

Wickham, 

Wilber, 

Wilkinson, 

Williams, 

Wise, 

Yardley, 

Yost. 

O'Ferrall, 

O'Neall, J. H. 

Peel, 

Perkins, 

Sayers, 

Shively, 

Smith, 

Sowden, 

Springer, 

Stewart, J. D. 

Turner, H. G. 

Washington, 

Weaver, 

Wheeler, 

Whitthorne, 

Wilson, Thomas 

Wilson, W. L. 

Rusk, 

Seney, 

Simmons, 

Spinola, 

Stephenson, 

Stewart, Charles 

Stockdale, 

Stone of l\1o. 

Symes, 

Tarsney, 

Taylor, E. B. 

Thomas,J.R. 

Thompson, A. 0. 

Thompson, T. L. 

Tillman, 

Townshend, 

Vance, Vandever, 

West·, Whiting, William 

Wilkins, 

Woodburn, 

Yoder. 

By unanimous consent, the reading of the names was dispensed with. 

The following additional pairs were announced until further notice: 

Mr. PIDCOCK with Mr. GROSVENOR. 

Mr. HARE with Mr . .ATKINSON. 

".Mr. RowLAND with Mr. McKENNA. 

Mr. LAWLER with Mr. BRUMM. 

Mr. MILLS with Mr. PHELPS. 

The result of the vote was then announced as above recorded. 

ORDER OF BUSINESS. 

Mr. LANHAM. Mr. Speaker, inasmuch as we have consumed so much time to-day in roll-calls and discussion that it will be now practically impossible to make any substantial progress during the balance 

of the afternoon with the Private Calendar, I move that the Honse now take a recess until half past 11 o'clock to-morrow. 

Mr. STEELE. I hope the gentleman will allow us to make reports on private bills first. 

Mr. BAYNE. I ask the gentleman to yield to me to pass a resolution, which will take but a moment. 

Mr. LANHAM. Very well. 

OBSTRUCTIONS IN THE DELAWARE RIVER. 

Mr. BAYNE. I ask unanimous consentto pass the joint resolution 

I send to the desk. • The resolution was read, as follows: 

Joint resolution authorizing the Secretary of War to appoint a board of three 

engineers t~ examine and report in relation to the Delaware River between 

the city of Philadelphia, Pa., and Camden, N. J., and for other purposes. 

B e it resolved, etc., That the Secretary of War be, and he is hereby, authorized to tmmediately appoint a. board of three engineers from the United States.A.rmy, 

whose duty it shall be to examine in all their relations to commerce the islands 

known as Smith's Island, Windmill Island, and Petty's Island, in the Delaware 

River, between the city of Philadelphia, in the State of Pennsylvania., and the 

city of Camden, in the State of New Jersey, which board shall forthwith report to the Secretary of War as to whether said islands or any shoal in the said 

rh·er between or adjacent to the said islands, or any of them, constitute an obstruction to the commerce of the Delaware River, or to the passage of vessels 

between the said States, and with a view to removing said islands and shoals; to report a plan with the estimate of cost for their removal in whole or in part, and for the improvement of the harbor of the port of Philadelphia., including the probable cost to the Goverment of said isln.nds, so as to secure free and un- interrupted comme1·ce upon the said Delawa1·e River and the unobstructed pas--

sago of vessels to and from and between the said States; and the sum of ~.ooo, 

ot· so much thereof as shall be necessary, is hereby appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to defray the ex- pense of such survey and report. 

Mr. B.A. YNE. :M:r. Speaker, this joint resolution is unanimously re- ported from the Committee on Rivers and Harbors. ~ The SPEAKER p1·o te-mpore. Is there objection to the consideration 

of the joint resolution? 

Mr. MACDONALD. I object. 

Mr. DOCKERY. Regular order ! 

Mr. LANHAM. I now insist upon my motion. ~Ir. STEELE. I hope the motion ofthe gentleman from Texas will 

be voted down. 

Mr. BOUTELLE. Let members have an opportunity of submitting 

reports from committees. 

Mr. LANHAM. I will withdraw the motion for that purpose. 

Mr. BAYNE. I hope the gentleman from :Minnesota will not inffist 

upon his objection. This, as I have said, is reported unanimously from 

the Committee on Rivers and Harbors and is a matter that should be 

promptly attended to. 

Mr. l\1ACDONALD. Very well; I will withdraw the objection. 

The SPEAKER pro tempm·e. Is there further objection to the con- sideration of the joint resolution? 

There being no objection, the joint resolution (H. Res. 113) was read a first and second time, ordered to be engrossed for a third reading, and 

being 1·ead the third time, was passed. 

Mr. B.A. YNE moved to reconsider the vote by which the joint resolution was passed j and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

ORDER OF DUSINESS. 

Mr. LANHAM. At the request of a number of gentlemen, I withdraw the motion I made a short time since. 

Mr. DOCKERY. I demand the regular order. 

Mr. ROGERS. I ask unanimous consent to make a report from the 

Committee on the Judiciary. 

1\Ir. STEELE. I hope we can be permitted to submit reports on 

private bills. 

PROTECTION OF UNITED STATES OFFICIALS IN INDIAN TERRITORY. 

Mr. ROGERS, by unanimous consent, from the Committee on the 

Judiciary, reported back with amendments the bill (H. R. 4920) for 

the protection of the officials of the United States in the Indian Territory; which was referred to the House Calendar, and, with the ac- companying report, ordered to be printed. 

J. Q. BARTON. 

Mr. BOUTELLE, by unanimous consent, from the Committee on Naval Affairs, reported back with amendmenta the joint resolution (H. 

' 
. 

1888. CONGRESSIONAL RECORD-HOUSE. 131~) 

Res. 68) in favor of J. Q. Barton;·which was referred to the Committee 

of the Whole Honse on the Private Calendar, and, with the amendments and accompanying report., ordered to be printed. 

SARAH C. MORRISON. 

1\fr. BOUTELLE also, by unanimous consent, from the Committee on 

Naval Affairs, reported back with an amendment the bill (H. R. 5550) 

for the relief of Sarah C. Morrison; which was referred to the Committee of the Whole House on tbePrivate Calendar, and, with the amendment and accompanying report, ordered to be printed. 

THOl\IAS W. LORD. 

1\Ir. STEELE, by uru:urimous consent, from the Committee on Military Affairs, reported back with a favorable recommendation the bill 

(H. R. 409) for the relief of Thomas W. L01·d; which was referred to the 

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

accompanyi11g report, ordered to be printed. 

BRIDGE ACROSS STATEN ISLAND SOUND. 

1\fr. CRISP, by unanimous consent, from the Committee on ( mmerce, reported back with a favorable recommendation the bill (H R. 

5929) to extend the time for the completion of a bridge across Statcu 

Island Sound; which wms referred to the House Calendar, and, with the 

accompanying report, ordeTed to be printed. 

JOHN . A. llEARD. 

Mr. STOCKDALE, by unanimous consent, from the Committee on 

War Claims, reported back with a favorable recommendation the bill 

(H. R. 5589) for the relief of John A. Hen.rd; -w hieb was referred to the 

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

accompanyjng report, ordered to be printed. 

GEORGE L. KEY. 

1\fr. STOCKDALE also, by unanin1ons consent, from the Committee 

on War C}aims, reported baek with a fuvorable recommendation the bill 

(H. R. 753) for the relief of George L. Key; which was referred to the 

Committee of the Whole House on the Prin1tc Calendar, and, with the 

accompanying report, ordered to be printed. 

GEORGE A. NORTON. 

M:r. GAINES, by unanimous consent, from the Committee on Wur 

Claims, reported back with a. favom.ble recommendation the bill (H. 

R. 651) for the relief of George A. Norton; which was referred to the 

Committee of the Whole Honse on the Private Calendar, and, with the 

accompanying report1 ordered to be printed. 

Il\IPORT.A.TION OF FOREIGNERS Ul\""DER CONTRACT. 

Mr. BINGHAM, by unanimous consent, introduced (by request) a 

bill (H:R. 7381) to amend an act to prohibit the importation and imwgratiou of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, or the District of Columbia.; whjch was read a first and second time, referred to the Committee on Foreign .A.:ffuirs, and ordered to be printed. 

BUSINESS OF J~ABOR COMMITTEE. 

Mr. O'NEILL, of 1\Iissonri, by unanimous consent, from the Committee on Labor, reported with the recommendation that it be adopted 

the following resolution; which was read, and referred to the Honse 

Calendar: 

.Resol1:ed, Thnt Tuesday the 13th and Wednesday the H.t.h day of March., 18SS, 

immediately after the hour for the consideration of bills, be set apart for the con- sideration of bills and resolutions from the Committee on Labor, and that pending the consideration of such bills and resolutions the speeches be limited to fifteen minutes. 

PROTECTIOS OF FISHERMEN. 

Mr. DINGLEY. I ask unanimous consent to present a communication for reference. It is the report of United States Commercial Agent 

Robertson, at Yarmouth, Nova ~cotia, suggesting the importance of 

me.:'l.Sures to protect fishermen sent out in dories from vessels engaged 

in fishing. I ask that the report be referred to the Committee on Merchant M:arine and Fisheries, and that it be printed. 

There was no objection, and it was so ordered. 

EXPENDITURES OF FISH COl\niiSSION. 

1\Ir. BRECKINRIDGE, of Kentucky, from the Committee on Merchant Marine and Fisheries, reported back, with the recommendation 

that it be adopted, the following resolution: 

Resowed by the House of Representati-t:es, That the Oo~missioner of Fish and Fisheries be. and he is hereby, directed to report to this House as soon as prac- ticable the expenditures of the Fish Commission for the fiscal year from July 1, 

1886, to June 30, 1887, and from July 1, 1887, to Febru&ry 1, 1888, the number of persons employed and the salaries paid; the property held by the commission, its cost, value, and location; the stations occupied by the commission, and the 

tl~~u~te~! ~a~xided appropriations, and for what purpose said appropriaThe resolution was adopted. 

SARAH C. MORRISON. 

Mr. WILLIAMS. I ask unanimous consent to call up from the Private Calendar for consideration at this time the bill (H. R. 5550) for the 

relief of Sarah C. Morrison, which has been reported by the Committee 

on Naval Affairs with an amendment. 

The bill was re.:'ld, as follows: 

Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, au- thorized and directed to pay to Sarah C. Morrison, during her lifetime, all pay and ailowances due and to become due to George F. Morrison, lieutenant-com- mander United States Navy (retired), now in the Government Hospital for the Insane, as long as he may live; excepting therefrom the sum of $100 per annum heretofore directed by the Secretary of the Navy to be paid to the superintendent of said hospital. ' 

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

1\ir. HOLMAN. I hope there will be a word Of explanation in regard 

to it. 

~Ir. BOUTELLE. Having reported this bill from the Committee on 

Naval Affairs I can briefly explain what its purpose is. This officer is 

now an inmate oftbe Government Hospital for the Insane n.nd is permn.-

nently disabled. This bill provides that the mother, who is the guardian of the officer, but who now is unable to apply any of his saL.'U'y 

except the $100 provided by order of the Secretary of the Navy for 

maintenance in the hospital-th..'l.t the mother being the only dependent, the officer having no wife or child, may receive the pay and devote 

the portion of it not required for the maintenance of the officer to her 

own support. 

1\l:r. HOL iAN. Does the bill provide that this shall be paid to her 

during her life? 

Mr. BOUTELLE. It provides that it shall be paid to her as long as 

this officer may live. 

Mr. MACDONALD. Are the committee satisfied that this offieer is 

afilictcd by an incurable malady? 

1\Ir. BOUTELLE. The committee made auinvestigation as to that, 

and got a report from the lmrgeon that the malady is what is c.·•lled 

chronic dementia. 

The amendment reported by the committee was read, as follows: 

In line 3, strike out" Treas ury" and insert" Navy." 

The amendment was agret;d to. 

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

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

passed. 

Mr. WILLIAMS moved to reconsiaer the vote by which the bill was 

passed; and also mo-.ed that the motion to reconsider be laid on the 

table. 

~he latter motion was agreed to. 

ORDER OF BUSINESS. 

:Ur. GLASS. 1\fr. Speaker, I ask unanimous consent to take up the 

bill (H. R. 1070) for the relief of J. A. Wilson. 

Mr. BLAND. I move that the Rouse do now adjomn. 

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

gentleman from Missouri, that the Honse do now adjourn. 

Mr. L.A.NHAl\1. Mr. Speakex; I rose to make a motion, and yielded 

the floor temporarily. 

The SPEAKER pro tempore. The floor can not be yielded conditionally, but the Chair will entertain the motion which the gentleman from 

Texas desires to make, be having stated that be rose for that purpose . 

.Mr. LANHAM. I move then, sir, that the House do now take a 

recess until half past 11 o'clock to-morrow. 

Mr. BLAND. I renew my motion. 

The SPEAKER p1·o tempore. The gentleman from Texas moves that 

the House take a recess until to-morrow at half past 11 o'clock, and 

pending that the gentleman from Missouri [Mr. BLAND] moves that 

the House do now adjourn. 

Mr. BURROWS. Mt. Speaker, I desire to make a suggestion to the 

gentleman from Texas. 

The SPEAKER pro temp01·e. A motion to adjourn or to take arecess is not debatable, and the gentleman fr·om l\'licbigan can proceed 

only by unanimous consent. 

:rtlr. BURROWS. I merely want to suggest to my friend that inste.ad 

of taking a recess until 11 o'clock to-morrow, it seems to me that we 

might, by unanimous consent, have gentlemen recognized alternately 

on each sid~of the House for private bills, and might pass a good many 

more of those bills this afternoon than we can to-morrow. There is a 

large number of them to which there is no objection. 

The question was taken on the motion to adjourn·; and on a division 

there were-ayes 40, noes 87. 

So the House refused to adjourn. 

The SPEAKER Jlro tempore. The question now is on the motion of 

the gentleman from Texas [Mr. LANHAM] to take a recess until half 

past 11 o'clock to-morrow. -

Mr. HOOKER. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. HOOKER. .My inquiry is this: The Honse, by a former order 

made on a former day, designated yesterday and to-morrow as days for 

the consideration of reports from the Committee on Foreign Affairs. 

The whole of yesterday was occupied by other matters, and subjectmatters reported from that committee were excluded from consideration, ~nd if this proposed recess is taken it will effect the same object 

to-morrow. I see no reason for it at all. These matters on the Private 

Calendar can be considered i..J. the order in which they occur. 

. 

---
~ 

. 1320 CONGRESSIONAL· RECORD-HOUSE . FEBRUARY 17, 

The SPEAKER p1·o tempore. That is a matter of argument and not a parliamentary inquiry. The question is on the motion of the gentle- man from Texas [Mr. LANHAM] to take a recess until half past 11. 

Mr. HOOKER. Pending that motion, I move that when the House 

adjourns it adjourn to meet on M:onday next .. The question was taken on the motion of :M:r. HooKER, and there 

were-ayes-101, noes 47. 

Mr. TAULBEE. No quorum. 

The SPEAKER pro tempore. The point being made that no quorum 

has voted, the Chair will appoint to act as tellers the gentleman from 

Mississippi [Mr. HooKER] and the gentleman from Texas [Mr. LANTIAM]. 

The tellers took their places, and the division began. 

Mr. BLAND. Mr. Speaker, I now move that the House a-djourn. 

The SPEAKER pro tempore. That motion is not in order, because 

since the last motion to adjourn was decided no business has intervened, 

and, besides, the House is now dividing. 

Mr. LANHAM (before the l'eport of the tellers). I will withdraw 

the motion made by me to take a recess until half past 11 o'clock 

to-morrow, and will move that the House do now adjourn. 

Mr. TAULBEE. I make the point of order that the House is now dividing and that the gentleman's motion is not in order, and if he 

withdraws his motion for a recess I will renew it. 

The SPEAKER pro tem,pore. Does the gentleman from Kentucky 

[Mr. TAULBEE] renew the point that no quorum has voted? 

Mr. TAULBEE. No, sir. It is not necessary to renew it. I made 

it and it has not been withdrawn. 

The SPEAKER pt·o tempore. The Chair understood the gentleman 

from Mississippi [Mr. HooKER] to withdraw his motion. 

Mr. HOOKER. The gentleman from Texas [Mr. LANHAM] withdraws his motion, and I withdraw mine, and he moves that the House 

do now adjourn. 

Mr. TAULBEE. I move that the House take a recess until half past 

11 to-morrow. 

The SPEAKER pro tempore. The gentleman from Missi<Jsippi [Mr. 

HooKER] withdraws his point of order; the gentleman from Texas 

[Mr. LANHAM] withdraws his motion, and the gentleman from Kentucky [Mr. TAULBEE] renews it. 

Mr. ·TAULBEE. I do. 

Mr. BLAND. Mr. Speaker, I made the point of order, and I qave 

not withdrawn it. . The SPEAKER pro tempore. The Chair understood that the gentle- man from Mississippi [Mr. HooKER] had made it, and on that account 

appointed him a teller. The Chair begs pardon of the gentleman from 

Missouri [Mr. BLAND]. The point of order being insisted upon, the 

tellers will resume their places. 

Mr. BLAND. Mr. Speaker, as I understand it, the gentleman from 

Mississippi withdiaws his motion and I withdraw the point of order. 

:Mr. STEELE. I move that when the House adjourn/it adjourn to 

meet on Monday next. 

The SPEAKER pro tempore. The gentleman from Kentucky [Mr. 

TAULBEE] renews the motion that the House take a recess until half 

past 11 o'clock to-morrow, and, pending that, the gentleman from Indiana [Mr. STEELE] moves that when the House adjourn it be to meet on Monday next. 

Mr. LANHAM. Pendingthat, ImovethattheHousedonowadjourn. 

The SPEAKER pro tempore. The motion to fix a day to which the 

House will adjourn takes Jlrecedence of a motion to adjourn, and the 

question is on the motion of the gentleman from lndianlU[Mr. STEELE] 

that when the House adjourn it be to meet on Monday next. 

The question was taken; and the Speaker pro tem,pore declared that 

the ayes seemed to have it. 

Mr. TAULBEE. I call for a division. 

The question being again taken, 

The SPEAKER pro tempore said: On this question the ayes are 97, 

the noes 33. 

Mr. BLAND. No quorum. 

Mr. TAULBEE. No quorum. 

The SPEAKER pro tempore. The point being made that no quorum 

bas voted, the Chair appoints as tellers the gentleman from Kentucky 

[Mr. TAULBEE] and the gentleman from l'exas [Mr. LANHAM]. 

Mr. BURROWS. We may as well have the yeas and nays on this 

question. I demand the yeas and nays. 

Several MEMBERS. Oh, no ! 

The SPEAKER pro tempore. The gentleman from J.fichigan [Mr. 

BURROWS] demands the yeas and nays on this question. 

Mr. TAULBEE. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

1\Ir. TAULBEE. As I understand, the motion on which we just 

voted was that when the House adjourns to-day it a-djourn to meet on Monday next. 

The SPEAKER pro tempore. That is correct. 

Mr. T.A. ULBEE. If that motion be carried, will it give any rights 

to the Foreign .Affairs Committee under the special order? 

Several MEMBERS. Oh, no ! 

The SPEAKER p1·o te;,pore. If this motion should be agreed to, the 

House would not be in session to-morrow. 

Mr. LANHAM. The reason I withdrew my motion for a recess was because the Committee on Foreign Affairs had had to-morrow specially 

assigned for their business. 

The SPEAKER pro tempore. On this question the yeas and nays are demanded. - The question having been put on ordering the yeas and nays, 

The SPEAKER pro temp01·e said: Only 19 have voted in the affirma- tive-not one-fifth of the last vote. 

Mr. TAULBEE. On what question was the House dividing? 

The SPEAKER pro tempore. On the proposition that when the 

House adjourns to-day it adjourn to meet on Monday next. There not 

being one-fifth of the last vote in favor of ordering the yeas and nays, 

the yeas and nays are refused. The gentleman from Kentucky and the 

gentleman from Texas will take their places as tellers. 

Mr. L.A.NH.A.M. Is it in order to move that the House now adjourn ? 

The SPEAKER pro ternpore. The Chair will state that the motion 

to fix the day to which the House shall adjourn is of higher privilege 

than the motion to adjourn. · Mr. L.A.NH.A.M. But on that motion no quorum has voted. 

The SPEAKER pro tempore. The point being made that no quorum 

voted, it is competent for the Honse to take a vote on the motion to 

adjourn. No quorum appearing on the motion to adjourn over, and 

the point of order being insisted upon, there are, under the rules, only 

two motions in order, the motion to adjourn and the motion that there 

be a call of the House. 

Mr. TAULBEE. I withdraw the point of no quorum.' 

Mr. L.A.NH.A.l\1. I move that the House adjpurn. 

The SPE.AKER p1·o tempore (having put the question on the motion 

to adjourn) said: The noes seem to have it. 

Several members called for a division. 

The SPEAKER pro tempore proceeded to put the questiob again on the motion to adjourn; and announced-ayes 57. 

Mr. MACDONALD (before the count of the negative vote on the mo- tion to adjourn). I rise to a parliamentary inquiry. What will be 

the result of this motion if adopted? 

The SPEAKER pro tempore. If a-dopted, the :a:ouse will at once adjourn; if not, it will remain in session. 

Mr. PERKINS. Adjourn till when? I submit the adjournment 

must be till Monday; for certainly the Hoillle has adopted that order. 

The SPEAKER pro tempore. But the point was made that no quorum voted on that question. The question is on the motion of the 

gentleman from Texas, that the House do now adjourn. 

Mr. BUCHANAN. But, Mr. SpeakerThe SPEAKER pro temp01·e. The House is dividing on that motion. 

Mr. BUCHANAN. Was not the motion adopted that when the 

House adjourns it adjourn to met on Monday next? 

The SPEAKER pro tempore. It was not; no quorum voted, and the 

point of order was insisted upon that there was no quorum voting. 

Mr. PERKINS. The point of "no quorum" was withdrawn, and 

therefore upon the vote which had been taken the motion must have 

carried. 

The SPEAKER pro tempore. The House will be in order. 

Mr. H.OOKER. I rise to a point of order. . The SPEAKER pro tempore. The gentleman from Mississippi will 

state his pOint of order. 

Mr. HOOKER. My point is this: The gentleman from Kentucky 

made a motion that when the House adjourns, it adjourn to meet on Monday next. 

Mr. STEELE. I made that motion. 

Mr. HOOKER. Very well; the gentleman from Indiana [Mr. 

STEELE] made that motion. Now, while the House was dividing on that motion, as I understand, ibwas wi~hdrawn. 

Several :~\'!EMBERS. Oh, no ! 

Mr. HOOKER. .And then the gentleman from Texas [Mr. LANHAM] moved that the House adjourn, which, if agreed to, would of course be an adjournment until12 o'clock to-morrow. 

Mr. STEELE. I rise to a point of order. I submit that until my 

motion is disposed of the motion to adjourn until to-morrow is not in 

order. I made a motion that when the House adjourns it adjourn 

until Monday next; the vote of the majority was in favor of that mo- tion; the point of "no quorum" was made, which point was subsequently withdrawn, and hence my motion carried. · Mr. PERKINS. The announcement ofthe resnltofthevote on the 

motion to adjourn till Monday had not been made by the Chair. 

The SPEAKER pro tempore. .A.sthe Chair now remembers, thefi.nal 

result had not been announced. . Mr. PERKINS. No, sir. As the point that no quorum voted was withdrawn the Chair should h_ave announced the result; and the mo- tion to adjourn is not in order until that is done. 

The SPEAKER p ro tempore. The Chair understood that the gentleman from Missouri [Mr. BLAND] made the point that no quorum 

voted. 

Mr. PER INS. Oh, no; the gentleman from Kentucky [Mr:TAur..-
1888. CONGRESSIONAL RECORD-HOUSE. 1321 

BEE] made the point and withdrew it; and then the result should have 

been announced. 

Mr. BAKER, of New York. I demand the yeas and nays on the mo- tion to adjourn over. 

The SPEAKER pro tempore. The Chair will announce the result of 

that vote. The ayes are 97, the noes 33. The ayes have it, and the 

motion prevails. 

Mr. BLAND. What motion is that? 

The SPEAKER pro ternpore. That when the House adjourns to-day 

it adjourn to meet on Monday next. 

Mr. BLAND. I made the point of order that no quorum voted on that motion. 

The SPEAKER pro tempore. The gentleman from Missouri [Mr. 

BLAND] makes the point of order that no quorum voted. The Chair ·will state that there could be no point made until the announcement 

of the result of the vote. 

Mr. TAULBEE. I rise to a point of order. My point is that when 

the Chair announced the number voting on the motion of the gentle- man from Indiana, that when the House adjourns to-day it adjourn to 

meet on Monday next, I made the point that no quorum bad voted. 

Tellers were then ordered. Afterward I withdrew the point of ''no 

quorum," and the Chair bas announced the result. I submit that it 

is now too late for the gentleman from Missouri to make his point of 

order. 

Mr. BLAND. I made the point at the same time as the gentleman 

from Kentucky. I desire to say, Mr. Speaker--

The SPEAKER pro tempore. The gentleman from Missouri insists 

upon the point that no quorum has voted, and pending that, there 

being no quorum present and the point of order being insisted on, the 

gentleman from· Kansas moves that the House adjo~rn. 

The House divided, and before the result was announcedMr. STEELE. I move when the House adjourns to-day it adjourn 

to meet on Monday next. 

The SPEAKER pro tempore. That is not in order pending the announcement of the vote on the motion to adjourn. 

ltfr. BURROWS. Why, Mr. Speaker, it bas been decided o>er and over again that pending the motion to adjourn, even after the call of 

the roll on such motion is completed, but before the announcement _of 

the result, a motion is in order to fix the day to which the House w1ll 

adjourn. The motion of the gentleman from Indiana is clearly in order. 

The SPEAKER pro tempore. Upon reflection the Chair thinks the 

gentleman from Michigan is correct. 

The gentleman from Indiana [Mr. STEELE] now moves that when 

the House adjourns to-day it be to meet on Monday next. 

The motion was agreed to. 

The result of the vote on the motion to adjourn was then announced, 

there being-ayes 99, noes 49; and accordingly (at 4 o'clock and 45 

minutes p.m.) the House adjourned until Monday. . The SPEAKER pro tempore. The House will be in order, and the 

Chair will recognize no gentleman until it does come to order. PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND REMr. RYAN. I move that the House do now adjourn. FERRED. 

The SPEAKER pro tempore. The Chair will entertain the motion Under the rule private bills and joint resolutions of the following 

of the gentleman in due time. The Chair will state that having an- titles were introduced and referred as indicated below: 

nounced the vote in the House on the motion that when the House By Mr. BLAND: A bill (H. R. 7349) for the relief of James M:oradjourns it adjourn to meet on Monday next, there being 97 in the gan-to the Committee on Pensions. 

affirmative and 33 in the negative, the gentleman from Missouri [Mr. By Mr. BLOUNT: A bill (H. R. 7350) for the relief of Mrs. MaryS. 

BLA.ND] and probably others then made the point that no quorum bad Stone, administratrix-to the Committee on Claims. 

voted. By Mr. BUTLER: A bill (H. R. 7351) granting a pension to Mary 

Mr. STEELE. The gentleman from Kentucky [Mr. TAULBEE] l\1. Smith, widow of J. A. Smith-to the Committee on Invalid Penmade that point. sions. 

The SPEAKER pro tempore. It makes no difference who made it; Also, a bill (H. R. 7352) granting pension to Jasper Brown-to the 

that point is now before the House; Committee on Invalid Pensions. 

Ur. TA.ULBEE rose. Also, a bill (H. R. 7353) granting a pension to Elizabeth J. JohnThe SPEAKER pro tempore. The Chair will recognize the gentle- son, widow of William H. Johnson-to the Committee on Invalid Pen- man in a moment. sions. 

The Chair appoints as tellers the gentleman from Missouri and the Also, a bill (H. ~- 7354) for the relief of the legal representatives of 

gentleman from Kentucky. The gentleman from Kentucky will now Miranna Jennings-to the Committee on War Claims. . 

be recognized. · By Mr. CANNON: A bill (H. R. 7355) for the relief of Charles LeeM:r. TAULBEE. M:y point is this: When the number voting on the to the Committee on Invalid Pensions. 

motion of the gentleman from Indiana bad been announced, I made By Mr. COCKRAN: A bill (H. R. 7356) to provide for the payment 

the point that no quorum bad voted, and the Chair then appointed the of the mayor, aldermen, and commonalty of the city of New Yorkgentleman from Texas and myself as tellers. Whether or not the gen- to the Committee on War Claims. 

tleman from Missouri [Mr. BLAND] made the point of order is now im- By llr. COMPTON: A bill (H. R. 7357) for the relief.of Henrietta 

material, from the fact the Chair proceeded to announce the result of v. Minnix-to the Committee on the District of Columbia. 

that division, and did announce it, and therefore the point of order of By Mr. FINLEY: A bill (H. R. 7358) for the relief of Stephen J. 

the gentleman from Missouri, that no quorum had voted: comes too late. Watts-to the Committee on Invalid Pensions. . 

Mr. BLAND rose. By Mr. HERMANN: A bill (H. R. 7359) for the relief of P. B. SinThe SPEAKER pro tempm·e. The gentleman from Missouri [Mr. nott, late Indian agent at Grande Ronde agency, State of Orggon-to 

BLAND] rose in his place and insisted that be made the point at the the Committee on Claims. 

time that the gentleman from Kentucky made it. The Chair is bound By Mr. HUTTON: A bill (H. R. 7360) granting a pension to Thomas 

to take the statement of the gentleman from Missouri-- l\i. Swearinger-to the Committee on Invalid Pensions. 

Mr. TAULBEE. I make the farther point that it is now immate- By Mr. McCOMAS: A bill (H. R. 7361) for the relief of John Joseph 

rial whether or not he made the point of order. Bradshaw-to the Committee on War Claims. 

The SPEAKER pro tempore. The Chair will recognize the gentle- Also, a bill (H. R. 7362) for the relief of John Heflebower-to the man from Missouri after the gentleman from Kentucky. Committee on War Claims. 

Mr. TAULBEE. My point of order is that it is now immaterial By Mr. MERRIMAN: A bill (H. R. 7363) for the relief of the legal 

whether or not the gentleman from Missouri made the point that no representatives of James Hale-to the Committee on Claims. 

quorum had voted as the result of the vote bad been announced by the By Mr. MORSE: A bill (H. R. 7364) for the relief of Joseph Rich· 

Chair [confusion in the Hall], because of the fact of my withdrawal ardson-to the Committee on Invalid Pensions. 

of the point of order which I had made. [Laughter and confusion.] By Mr. NELSON (by request): A bill (H. R. 7365) for the relief of 

The SPEAKER pro tempore. The Chair begs to state that if not John w. West-to the Committee on Indian Affairs. 

successful in preserving order he will be compelled to resort to ether By Mr. J. H. O'NEALL: A bill (H. R. 7366) granting relief to Miler means provided by the rules. [After a pause.] The Chair appointed Ragsdale-to the Committee on Invalid Pensions. 

the gentleman from Missouri and the gentleman from Kentucky to act Also, a "bill (H. R. 7367) for the relief of Daniel Monaghan-to the as tellers. The gentleman from Missouri [Mr. BLAND] having insisted Committee on Invalid Pensions. 

that he made his point of order in tinle, the Chair is bound to accept Also, a bill (H. R. 7368) for the relief of John w. Wainman-tothe 

his sta.tement as conclusive, and therefore the tellers will resume their Committee on Invalid Pensions. 

places. By Mr. OSBORNE: A bill (H. R. 7369) for the relief of Jabez C. 

Mr. DUNHAM. Is the motion to adjourn in order? [Laughter.] Jackson-to the Committee on War Claims. 

The S~EAKER:pro tempore. Not pending a division of the House By Mr. PEEIJ: A bill (H. R. 7370) for the relief of Elizabeth Fitzon a motiOn to adJourn over. I hugh-to the Committee on War Claims. · Mr. TAULB~ ~nd Mr. BLAND resumed their places as tellers. Also, a bill (H. R. 7371) for the relief of Thomas I. Hicks-to the 

The House diVIded; and the tellers reported-ayes 109, noes 18. . Committee on the Post-Office and Post-Roads. · 

The SPEAKER pro tempm·e. Is the point of no quorum insisted I Also, a. bill (H. R. 7372) for the relief of Mahala Fields-to the Comupon? mittee on War Claims. Mr. TAULBEE. I withdraw i~. I Also, a bill (H. R. 7373) granting a pension to Charlotte C. Evan.o:;-to 

Mr. HOOKER. I make the pomt that no quorum has voted. I the Committee on Invalid Pensions. 

The. SPEAKER pro tempore. _The Chair will recognize no one until , By Mr. PUGSLEY: A bill (H. R. 7374) granting a pension to Samorder 1S restored. I uel Withrow-to the Committee on Invalid Pensions. 

·. 

. .. 
.-

1322 CONGRESSIONAL RECORD-· HOUSE. FEBRUARY 17, 

By Mr. J. D. TAYLOR: A bill (H. R. 7375) for the relief of Francis 

Hammond-to the Committee on Ways and Means. 

By :Mr. WILLI.AltiS: A bill (H. R. 7376) to placethe nameofEdward Drury on the pension-roll-to the Committee on Invalid Pensions. 

By Mr. GLASS: A bill (H. R. 7377) to remove the charge of desertion against John G . .Alstrom-to the Committee on ~{ilitary Affairs. 

By 1\fr. HOLMES: A bill (H. R. 7378) granting a pension to Edwin 

D. Partridge-to the Committee on Invalid Pensions. 

By Mr. VANDEVER: A bill (H. R. 7379) granting a pension to 

Charles H. Edmonds-to the Committee on Invalid Pensions. 

By 1\fr. S. V. WHITE: A bill (H. R. 7380) granting a pension to 

Mary Fillyrave-to the Committee on Invalid Pensions. 

.changes in the reference of bills improperly referred were made in 

the following cases, namely: 

A bill (H. R. 1152) for the relief of the legal representatives of Eliza 

M. Ferris-from the Committee on Pensions to the Committee on Invalid Pensions. 

Also, a. _bill (H. R. 6410) for the relief of Frank W. Webster-from 

the Committee on the Post-Office and Post-Roads to the Committee oll"" 

Claims. 

.Also, a bill (H. R. 575) for the relief of Payne, James & Co.-from 

the Committee on Claims to the Committee on War Claims. 

Also, a bill (H. R. 2954) to grant a pension to William T. Williamsfrom the Committee on Pensions to the Committee on Invalid Pensions. 

Also, a bill (H. R. 167) for the relief of Daniel T. Hedges and Edward B. Spalding, executors of Charles E. Hedges-from the Committee on Cl:rims to the Committee on War Claims. 

PETITIONSJ ETC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rule, and referred as follows: 

Ry 1\fr. J. M. ALLEN: Papers in the claim of Daniel Brown, of 

Tishomingo County, Mississippi-to the Committee on War Claims. 

By Mr. C. S. BAKER: Petition of citizens of Conostoga, N. Y., in 

favor of the bill to reduce letter postage-to the Committee on the PostOffice and Post-Roads. 

By 1\fr. BANKHEAD: Petition of Jonathan Sides, for reference of 

his claim to the Court of Claims-to the Committee on War Claims. 

By Mr. BLANCHARD: Papersin the claims of Ezra B. Towne, ofEuphrazee Carlin, of Louisa B. Martin, of John J. Gardiner, of Emil V. 

Glover, of Jeff. J. Caftery, of Jane Hopkins, of Carter Carr, of Zulme 

Angamar, of John l'Yiocbins, administrator of Irena Brown, of Jasper 

Gall, of Celestine Dauterive, of Mary E. Jones, of Johanna Unkle, of 

Thomas K. Smith, of Benjamin Temple, of Jane M. Anderson, and of 

Francis Bouligny, ofLouisianar-to the Committee on War Claims. 

By Mr. BOWDEN: Petition ofS. G. Webb and others, for survey of 

Cbuckatuck River-to the Committee on Rivers and Harbors. ,By Mr. W. C. P. BRECKINRIDGE: Petition of Joseph L. Flood, 

of Elizabeth Demaree, of James Cobline, ofParkham Calloway, ofWilliam A. Bohannon, of Stephen Scobee, of Harrison Robert, of William 

Pollard, of Francis Ford, of J. M. McClelland, of Chistie Scobee, and of 

Pasch~ Rucker, of Ken tuck~, for reference of their claims to the Court 

of Claims-to the Committee on War Claims. 

By Mr. T. M. BROWNE: Memorial of 456 citizens of Richmond, 

Ind., for an appropriation of $100,000 for the erection of a public building in that city-to the Committee on Public Buildings and Grounds. 

By 1\fr. BRUMM: Petition of the borough of Ashland, Pa., for a general law for public buildings-to the Committee on Public Buildings 

and Grounds. 

By Mr. BURNETT: Memorial of the sel~en of Milford, Mass., for 

the Government to own its post-offices, etc. -to the Committee on Public Buildings and Grounds. 

By Mr. BURROWS: Petition of clerks in the post-office at San Francisco, CaL, for increase of salary-to the Committee on the Post-Office 

and Post-Roads. . By .Mr. BUTLER: PetitionofRebeccaBowers, forrelief-totheCommittee on Invalid Pensions. 

.Also, petition of John Gilbert, of Hancock County, and of William 

T. Smallman, and of John Holt, sr., of Hamblen County, Tennessee, 

for reference of their claims to the Court of Claims-to the Committee 

on War Claims. ' 

By Mr. BUTTERWORTH: Petition of Proctor & Gamble, Emery 

Candle Company, M. Werk & Co., and others, manufacturers, of Cincinnati, Ohio, for increase of duty on glycerine-to the Committee on 

Ways and Means. 

Also, petition of Mary Dammert, of Cincinnati, Ohio, widow of the 

late William Dammert, of the First Regiment Ohio Battery, for a. pension-to the Committee on Invalid Pensions. 

Also, petition of the Western Tract Society, of Cincinnati, Ohio, for 

reduction in postage on monthly periodicals-to the Committee on the 

Post-Office and Post-Roads. 

.Also, resolution of the Chamber of Commerce, recommending increase 

of appropriations for improvement ofthe KentuckyRiver_:.to the Committee on Rivers and Harbors. 

By Mr. FELIX CAMPBELL: Petition of members of the Society of 

Old Brooklynites of Brooklyn, N. Y., for the erection of a monumenh 

at that cicy in J!lemory of the prison-ship martyrs-to the Committee on the Library. 

By l'Yir. CANNON: Petition of John Price and others, of Fairmount, 

lll., to pension Charles Lee, late of Company I~Thirty-fifth Regiment 

illinois Volunteers-to the Committee on InvaJid Pensions. 

By Mr. CLARDY: Petition of25 plate-glass blower., and of 20 plateglass blowers, of Jefferson County, Missouri, for retention of tariff on plate-glass-to the Committee on Ways and Means. 

.Also, paper to accompany House bill 6013, for the relief of Anthony 

Connolly-to the Committee on Invalid Pensions . .Also, petition of 28 window-glass workers, of St. Louis County, Missouri, against 1·eduction of tariff on window-glass-to the Committee on Ways and Means. 

Also, petition of the Cigar-Makers' Union, of St. Louis, protesting 

against the repeal of the taxon cigars-to the Committee on Ways and 

Means. 

By lli. COCKRAN: Petition from 190 woolen and worsted mills of 

the United Stat-es and 110 merchants of New York City, for the classification of worsted as woolen cloth-to the Committee on Ways and 

Means. 

By 1\fr, COGSWELL: Petition of Richard Matthews, for a perisionto the Committee on Invalid Pensions. 

By 1\fr. COMPTON: PetitionofJohnHughes, ofN. Brewer, executor, 

and of Thomas J. Franklin, of Anne Arundel County, Maryland, for 

reference of their claims to the Court of Claims-to the Committee on War Claims. 

By Mr. COX: Papers in the caseofHugoWedeles, for relief-to the 

Committee on Indian Depredation Claims. 

By 1\fr. CUTCHEON: Memorial of Bricklayers' Union, of Muskegon, Mich., recommending John T. Lynch-to the Committee on the 

Library. 

By11fr. DELANO: Petition from the S. L. Judd Grand Army of the ~epublic Post, No. 377, ofWindsor, N.Y., for the passage ofthe serv- ice-pension bill-to the Committee on Invalid Pensions. 

By lli. DINGLEY: Petition of John J. Frye and others, of Maine, 

for settlement of disputes between the United States and Great Britain by arbitration-to the Committee on Foreign Affairs. 

By 1\fr. ERMENTROUT: Memorial of J. W. Bird, M. D., for the 

passage of the bill 'to reduce postage on seeds, plants, and bulbs-to 

the Committee on the Post-Office and Post-Roads. 

B.v Mr. FISHER: Petition of F. H. Brooman and 25 others, and of 

F. W. Gilchrist and 28 others, requesting that salary of keepers of LifeSaving Service and snrfmen be increased-to the Committee on Commerce . .Also, petition of the common council of Petoskey, Mich., for public 

buildings in all towns of 3, 000 inhabitants and o\'er-to the Committee 

on Public Buildings and Grounds. 

By Mr. FRENCH (by request): Petition of members of Mad River 

Grange, No. 71, Patrons of Husbandry, of Waterbury, Conn., for re- issue of fractional currency-to the Committee on Banking and Currency. 

By Mr. FULLER: Petition of Dorus M. Fox, for a pension from date 

of disability-to the Committee on Invalid Pensions. 

Also, petition of the faculty of Upper Iowa University, of Iowa, for an international copyright law-to the Committee on Patents. 

By Mr. GIFFORD: Petition of Ralph Ely Post, No. 45, Grand Army 

of the Republic, of Dakota, for the passage of dependent pension billto the Committee on Invalid Pensions. 

By Mr. GROUT: Petition of 'the Grand Lodge of Good Templars of 

Vermont, for a commission to inquire into the alcoholic liquor traffic- r to the Select Committee on the Alcoholic Liquor Traffic. 

Also, petition of same, for prohibitory constitutional amendment-tq_ 

the Committee on the Judiciary. · Also, protest of West Branch Lumberman's Exchange, of Williamsport, Pa., against reducing the duty on lumber-to the Committee on 

Ways and Means. • .i:Iso, resolutions of a. meeting of citizens of San Francisco, Cal., demanding the exclusion of Chinese-to the Committee on Foreign Affairs . By Mr. HARMER: Two memorials of the Junior Order of United 

.American Mechanics, in favor of declaring Washington's birthday a legal holiday-to the Committee on the Judiciary. 

By Mr. HAUGEN: Petition of the Red Cedar Assembly, No. 5448, 

of Menomonee, Wis., for relief-to the Committee on Labor. 

By Mr. J. S. HENDERSON: Petition of William Schaus, for placing paintings and sculptures on the free-list-to the Committee on Ways 

and Means. 

Also, memorial of the Laundrymen's National Association, in favor 

of the Mitchell anti-Chinese bill-to the Committee on Foreign Afairs. 

Also, resolutions of citizens of San Francisco, Cal., for the exclusion 

of Chinese from the United States-to the Committee on Foreign Af· 

fairs. 

Also, memorial of the Board of Trade and others, of Philadelphia, 

for an international maritime conference-to the Committee on Commerce. 

> 
, 

1888. CONGRESSIONAL RECORD-HOUSE. 1323· 

By Mr. T. J. HENDERSON: Petition of Emma. Sanger and others, 

of Amboy, ill., for a pension to Louis Sanger-to the Committee on 

Pensions. • By .Mr. S. I. HOPKINS: Petition of JohnM. Stewart, administrator 

of Richard P:u-sons, for reference of his claim to the Court of Claimsto the Committee on War Claims. 

Also, paperS in the claim of Thomas Y. :Mosby,of Bedford County, 

Virginia-to the Commiltee on War Claims. 

By 1\lr. S. T. HOPKINS: Memorial of the authorities of Kingston, 

N. Y., for discontinuing the present system of appropriations for public buildings, etc.-to the Committee on Public Buildings and Grounds. 

By Mr. HOUK: Petition of A. A. Caldwell, of Jefferson County, and 

of D. H. Willis, adnilnistrator of Dr. R. Snead, of Knox County, Tennessee, for reference of their claims to the Court of Claims--to the Committee on War Claims. 

By 1\fr. HUDD: Petition of James Bell, mayor of Sheboygan, Wis., 

and the aldermen and citizens of said city, for the erection of a public 

building at that place-to the Committee on Public Buildings and 

Grounds. By Mr. JACKSON: Evitlence in the case of George H. Rider-to the 

Committee on Invalid Pensions. Also, evidencein thecases ofGeorgeHarkin :mdofWilliamP. With- row for reliet~to the Committee on l\Iilitary Affairs. 

By Mr. LAIDLAW: Petition of the Thirty-fourth district of New 

York, relating to the tariff on wool-to the Committee on Ways and 

Means. 

By 1\Ir. LAFFOON: An net of the General Assembly of Kentucky relative to the improvement of the Green and Darren Rivers-to the 

Committee on Rivers and Harbms. 

By .M:r. LEE: Papers in the claim of Peter and Anson B. Nodineto the Committee on War Claims. 

By 1\fr. McADOO: -Joint resolution for an appropriation for the remo val of Smith's, or Windmill Island, fi:om the Delaware River-to 

the Committee on Rivers and Harbors. 

By 1\Ir. 1\IcCLAMMY: Petition of J. T. Foy, son and heir of :Mary 

A. Foy, late of Pender County, North Carolina, for reference of his 

claim to the Court of Claims-to the Committee on War Claims. 

By Mr. McCOMAS: Petition of Charles G. Biggs, administrator of B. 

F. Hohrback, of Washington County. Maryland, for reference of his 

claim-to the Committee on War Claims. 

By Mr. MORGAN: Papers in the claim of Georgie C. Greer, of Panola County, Mississippi-to the Committee on War Claims. 

By Mr. NEWTON: Petition and protest of citizens of llfadison, La., 

against the Dawes bill for suppression of cotton-seed oil in its use as a substitute for hog lard-to the Committee on Agriculture. 

By Mr. CHARLES O'NEILL: Protest of the West Branch (Pa.) 

Lumberman's Exchange, against the change in the duty on lumberto the Committee on Ways and Means. 

Also, memorial of the Paint Club, of Philadelphia, for a survey and 

an appropriation for the removal of Smith's, or Windmill, and Petty's 

Islands from the Delaware River-to the Committee on Rivers and 

Harbors. 

By .M:r. OSBORNE: Resolutions of West Branch Lumberman's Exchange, of Pennsylvania, protesting against removal of duty on lumber-to the Committee on Ways and Means. 

Also, joint memorial of the Board of Trade, Commercial Exchange, 

etc., for an international maritime conference to be held in the United 

States-to the Committee on Foreign Affairs. 

Also, resolutions of citizens of San Francisco, Cal., relating to Chi- nese immigration-to the Committee on Foreign Affairs. 

By Mr. PEEL: Papers in the claim. of John .Miser, ofBrnten County, 

Arkansas-to the Committee on War Claims. 

By Ur. PERKINS: Petition of John F. Thompson, J.P. Slaughter, 

and others, citizens of Chetopa, Kans., for a Government system of telegraphy-to the Committee on the Post-Office and Post-Roads. 

By Mr. PHELAN: Petition of Henry M. Green, of Fayette County, 

Tennessee, for reference of his claim to the Court of Claims-to the Committee on War Claims. 

By 1\ir. PUGSLEY: Petition of William H. Glen and 199 ot~ mem- bers of the John M. Barrier Post, Grand Army of the Republic, for the 

repeal of the second section of the arrearage-of-pension act of .March 3, 

1879-to the Committee on Invalid Pensions. 

Also, petition of S. S. Wells and 83 others, citizens of Bainbridge, 

Ross County, Ohio, tor the passage of a 1 cent per day pension bill-to 

the Committee on Invalid Pensions. 

By Mr. RANDALL: Petition of Lawrence Johnson & Co., Pennsylvania Warehousing and Safe Deposit Company, and others, that duties on imported merchandise deposited in bonded warehouse be assessed 

upon the quantity delivered from, instead of quantity enterin.,. into the 

warehouse-to the Committee on Ways and Means. o ' 

Also, resolution of the Junior Order United American Mechanics, of 

Philadelphia, Pa., asking that the 22d day of February be declared a legal holiday-to the Committee on the Judiciary. 

By Mr. RICE: Resolution of the Chamber of Commerce of .Minneapolis, Minn., protesting against certain proposed legislation with respect 

to C",ommerce between the United States and Canada, and ameftdments 

to the interstate-commerce law-to the Committee on Commerce. 

By Mr. RICHARDSON: Petition and papers ofEth. B. Wade, heir 

of Levi Wade, of Rutherford County, Tennessee, for reference to the 

Court of Claims-to the Committee on War Claims. 

Also, petition of James J. Ward, of Rutherford County, Tennessee, 

for reference of his claim to the Court of Claims-to the Committee on 

War Claims. 

By Mr. SCULL: Memorial of the authorities of tho borough of Ty· 

n)nc, Pa., relative to public buildings-to the Committee on Public 

Buildings and Grounds. 

By Mr. STAHLNECKER: Joint memorial of the Board ot Trade, 

Commercial, Maritime, and Drug Exchanges, Vessel-Owners and Captains' Associations, calling for an act authorizing an international maritime conference in the United States-to the Committee on Commerce. By Mr. STEELE: Petition of citizens of Bl u:fftown, Ind., that instead 

of spending so much, money for large cities, Congress appropri::tte, say, 

$2,000 for each 1,000 people for public buildings in towns of 3,000 inhabitants-to the Committee on Public Buildings and Grounds. 

By Mr. J.D. TAYLOR: Petitionoflloldsoldiersii:omHendrysburgh , 

Belmont County, Ohio, for a service pension-to the Committee on Invalid Pensions. By Ur. G. M. THOMAS: Petition ofT. H. Bellany, for relief-to the 

Committee on Invalid Pensions. 

Also, petition of Seth Parker Post, No. 63, Grauel Army of theRe- public, and others, in favor of the bill to remove the limitation of arrearages of pensions-to the Committee on Invalid Pensions. 

By l\fr. E. J. TURNER: Papers in the case of Tbom&s Foster, for relief-to the Committee on Claims. By Mr. WASHINGTON: Petition of heir of James W. Hoggett, of 

Davidson Cotmty, Tennessee, for reference of his case to the Court of 

Claims-to the Committee on War Claims. . By Mr. WEBER: Petition and joint memorial for an international 

maritime conference-to the Committee on Commerce. 

By Mr. WHEELER: Papers in the claim of heirs of L. E. Wilker· 

son, of Harriet M. Jones, of F. D. Hurt, and of David B. Johnson, of -

Alabama- to the Committee on War Claims. 

Also, petition of heirs of Jesse T. Trice, of Jackson County; of A. 

Eckeberger and of Henry C. Rice, of Lawrence County, and of Mary 

M. Westmoreland, of Lauderdale County, Alabama, for reference of 

their claims to the Court of Claims-to the Committee on War Claims. 

By :Mr. WHITTHORNE: Petition of H. C. Moses, of Giles County, 

Tennessee, for reference of his case to the Court of Claims-to the Com· 

mittee on War Claims. 

By Mr. W. L. WILSON: Petition ofGeorgeDeck;ofMary A. Kile; 

of Anna P. Myers, administratrix of James .Myers; of JamesW. Glenn, 

administrator of William Grove; of John Beck; of John M. Harmon; of 

John W. Gardner, heir of Francis Gardner; of Hannah T. F. Butler; 

of John W. Gardner; of Louisa Eichelberger, widow of George W. Eichelberger; ofW. H. Neargs, executt:>rof Aaron Bean; of A. H. Tanguary, 

administrator of David Fry; of George Shaw; of .Moses C. Bayler, and 

of Andrew Aldrige, of West Virginia, for reference of their claims to 

the Court of Claims-to the Committee on War Claims. 

By Mr. YOST: Memorial of the Board of Trade, etc., of Philadelphia, 

Pa., for an ad authorizing the calling of an international marine con- ference in the United States-to the Committee on Commerce. 

Also, resolutions of the West Branch Lumberman's Exchange of 

Williamsport, Pa., protesting against placing lumber on the free-list-to 

the Committee on Ways and Means. 

The following petitions for an increase of compensation of fourth-class 

postmasters were severally referred to the Committee on the Post-Office 

and Post-Roads: 

By Mr. COWLES: Of citizens of Mulberry, Wilkes County, North 

Carolina. 

By lli. ERMENTROUT: Of J. M. Stonerod, of Birmingham, Pa. 

By .Mr. T. D. JOHNSTON: Of Ba.rah Wright and others, of Short 

Off, and of J. L. Burchfield and others, of Tito, N. C. 

By lli. McCLAMl\IY: Of citizens of .Montrose, Cumberland' County, 

North Carolina. 

By Mr. PATTON: Of 56 citizens of Salona, Clinton County, Pennsylvania. 

By Mr. ROWLAND: Of citizens of Wbarey, Cabarrus County, North 

Carolina. 

By Mr. WHEELER: Of W. J. Swann and 7 others, of Jackson 

County, Alabama. 

The following petitions, praying for the enactment of a law providing temporary aid for common schools, to be disbursed on the basis of 

illiteracy, were severally referred to the Committee on Education. 

By Mr. C. R. BRECKINRIDGE: Of 141 citizens of White County, 

Arkansas. By Mr. BUNNELL: Of 240 citizens of Beaver County, Pennsylvania. 

By Mr. GALLINGER: Of 137 citizens of Hillsborough County, New 

Hampshire. 
.: 

. 1324 CONGRESSIONAL RECORD-SENATE, FEBRUARY 20; 

By Mr. GROUT: Of 419 citizens of Windham County, Vermont. 

By Mr. HALL: Of 397 citizens.of Mercer County, Pennsylvania. 

By Mr. S. T. HOPKINS: Of 215 citizens of Delaware County, New 

York. 

By Mr. WEBER (by request): Of271 citizens of Erie County, New 

York. 

The following petitions, asking for the pa.ssage of the bill prohibiting 

the manufacture, sale, and importation of all alcoholic beverages in the 

District of Columbia, were severally referred to the Select Committee on the Alcoholic Liquor Traffic: 

By Mr. SCULL: Of citizens of the Seventeenth district of Pennsyl- vania. · 

By Mr. GRANGER (by request): Of citizens of the Fourth district of 

Connecticut. 

By Mr. PATTON: Of118citizens oftheTwentiethdistrict of Pennsylvania. 

SENATE. 

MONDAY, !febr~tary 20, 1888._ 

Prayer by R~v. WILLIAM BRUSH, D. D., president of Dakota University, Mitchell, Dak. 

The Journal of the proceedings of Thursday last was read and approved. 

EXECUTIVE UOMMUNICATION. 

The PRESIDENT pro tempore laid before the Senate a· communication from the Postmaster-General, transmitting copies of the new parcels post convention between the United States and the Bahamas; which, 

with the accompanying documents, was referred to the Committee on Post-Offices and Post-Roads. 

CHA.B.LES R. WESTBROOK. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Treasury, transmitting, in response to a resolution of January 31, 1888, a copy of the stenographic notes of the 

testimony of Charles R. West brook as assistant district attorney for the 

southern district of New York; which was rea~. 

He also laid before the Senate a communication from the Secretary 

of the Treasury, transmitting, in response to a resolution of January 31, 

1888, the facts attending the employment and compensation of Charles 

R. Westbrook as assistant district attorney for the southern district of 

New York, together with copies of correspondence on the subject. 

The PRESIDENT pro tempore. These communications, with the 

accompanying papers, will lie on the table until the Senator from 

Maine [Mr. HALE] comes in. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pro temp01·e presented a petition of citizens of the 

United States, respecting the opening of what is known as the Neutral 

Strip, and asking for the establishment of a land district and the location of a land office at Central City; which was referred to the Committee on Public Lands. 

He also presented the petition of C. M. Bellows, of New York, prayrng for the appointment of a commission to investigate the alleged 

charges against the Roman Catholic priesthood because of the practice 

of auricular confession; which was referred to the Committee on Education and Labor. 

He also presented a petition of 24 citizens of New London, Conn., 

praying that the salary of the keepers of the Life-Saving Service be increased to $1,000 a year; also that the pay of surfmen of that service 

be raised to $75 a month; which was referred to the Committee on Appropriations. 

He also presented the petition of J. J. Parker, Fredonia, Kans., praying for the abolition of the internal-revenue system oftaxation, for the 

removal ofrestrictions from American shipping and commerce by re- pealing registration laws, for the removal of the duty on wool used in 

carpet manufacture, and for the removal of the duty on garden and 

other seed; which was referred to the Committee on Finance. 

He also presented resolutions of the National Temperance Society, in 

favor of the passage of the bill prohibiting the liquor traffic in theDistrict of Columbia; which were referred to the Committee on the District of Columbia. 

1\Ir. QUAY presented a petition of Union soldiers and sailors of Tioga 

County, Pennsylvania, praying for the passage of a service-pension bill; 

which was referred to the Committee on Pensions. 

He also presented a petition of citizens of New Jersey, praying for 

the passage of a law prohibiting the taking of fish for any other purpose 

than for food within 3 miles of the Atlantic coast; which was referred 

to the Committee on Fisheries. 

Mr. EDMUNDS. I present the memorial of Governor E. J. Ormsbee, 

of Vermont, Oliver Ames, governorofMassachusetts, and Charles H. Sawyer, the governor ofN ew Hampshire, and of the directors of the Bennington Battle Monument Association, setting forth the state of the moneys 

that have been raised and appropriated by Congress and by these several States and by private citizens to-that object, theprogresstheyhave 

made, and stating in substance that some further moderate appropriation is necessary for the purpose of erecting an iron staircase in the 

monument and having an iron or bronze door at the entrance at thEf 

bottom, and putting on what they suggest, the effigies of two or three 

of the Revolutionary heroes who were engaged in that battle; which, 

together with an accompanying paper of the engineer in charge, I com- mend to the favorable consideration of the Committee on Public Buildings and Grounds, to whom I move that the memorial be referred. 

The motion was agreed to. 

:Mr. EDI\IUNDS. I present the petition of a large number of citizens 

of the First and Second Congressional districts of Vermont, praying for 

the passage of the bill prohibiting the manufacture and sale of alcoholic 

drinks in this District. I move that the petit.ion be referred to the Committee on the District of Columbia. 

The motion was agreed to. 

Mr. SHERMAN presented a petition of the soldiers and sailors' con- vention, Geauga County, Ohio, praying for the passage of the servicepension bill; which was referred to the Committee on Pensions. 

He also presented:ajointresolutionoftheLegis1atureofOhio, praying 

that Union soldiers confined in rebel prisons without compensation or pay" be granted a pension of not less than $12 a month and $2 a day for 

time of imprisonment; which was referred to the Committee on Pensions, and ordered to be printed in the RECORD, as follows: 

[House joint resolution No. 8.] 

Joint resolution requesting Congress to pass a. law granting a. pension to every honorably discharged Union soldier who was confined in rebel prisons, and 

the payment of an additional $2 per day for every day so imprisoned. 

Resolved by the General .Assembly of the State of Ohio, That the Senate and House of Representatives of the United States are requested by the Sixty-eighth General Assembly of the State of Ohio, to pass a law providing that all honorably discharged Union soldiers of the late war who were confined in rebel prisous be pla~ed on the pension-rolls of the United Slates at, not less than $12 per month, and_ that they receive the sum of$2per day for the time they were so imprisoned. Resolved, That the governor of the State of Ohio forwa1·d a. copy of this resolution to the Senate and House of Representatives. 

Adopted February 10, 1888. 

UNITED STATES OF AMERICA, OHIO, 

ELBERT L. LAMPSON, 

Speaker of the House of Representatives. WM. C. LYON, 

President of the Senate. 

Office of the Secretary of Stale: 

I, James S. Robinson, secretary of state of the State of Ohio, do hereby certify 

that the foregoing is a. true copy of a. joint resolution adopted by the General 

Assembly of the State of Ohio on the lOth day of February, A. D.l888, taken from 

the original rolls filed in this office. In testimony whereof I have hereunto subscribed my name and affixed my official seal at Columbus, the lOth day of February, A. D. 1888. 

JAMES S. ROBIN~ON, 

Secretary of Stale. 

EXECUTIVE CHAMBER, Columbus, Ohio, February 11, 1888. _ 

In compliance with the request contained in the resolution above set forth, I 

have the honor to transmit a. certified copy of the same herewith. J. B. FORAKER, Governor. 

Mr. SHERMAN presented a petition of 29 soldiers of .Mercer County, 

Ohio, praying for' the pa.ssage of the one cent a day pension bill; which was referred to the Committee on Pensions. 

He also presented a resolution of the Cincinnati (Ohio) Chamber of 

Commerce, urging the prevention of the importation of adulterated ar- ticles of food or drink U.nder- any other names than those which legitimately pertain to them; which was referred to the Committee on Finance. He also presented a joint resolution of the General Assembly of Ohio 

in favor of the passage of the bill to grant arrears of pension to soldiers 

drawing pensions for loss oflimb or limbs; which was referred to the Committee on Pensions, and ordered to be printed in the RECORD, as follows: 

[Senate joint resolution No. 7.] 

Joint resolution instructing our Senators and requesting our Representatives 

in Congress to use all honorable means to secure the passage of Senate bill No. 913. 

"Be it enacted by the Senate and House of Representatit·es of the United States of America in Congress assembled, That from and after the passage of this act, all persons on the pension-rolls of the United States who are drawing pensions on account of loss of limb or limbs shall be entitled to receive arrears of pension 

from date of discharge or disability, and covering all the time up to the pas age of the act or acts authorizing the issuance of their last peusion certificate, at the same rate per month to which the certificate entitles them:" Therefore, 

Be it resolved by the General As11embly of the State of OMo, That our Senators in 

Congress are instructed and our Representatives in Congress are requested to use all honorable means to secure the passage of such bill, and that the ~o>­

ernor be requested to forward a copy of this resolution to each of our Senators 

and Representatives in Congress • . ELBERT L LAMPSON, - Speaker of the House of Representatives. 

THEO. F. DAVIS, 

Adopted February 1, 1888. 

UNITED STATES OF AMERICA, OHIO, 

Office of Uw Secretary of State : 

President pro tempore of the Senate. 

I James S. Robinson, secretary of state of the State of Ohio, do hereby certify thS:t the foregoing is a true copy of a. joint resolution adopted by the General 

Assembly of the State of Ohio, on the 1st day of February, A. D. 1888, taken 

from the original rolls filed in this office. In testimony whereof I have hereunto subscribed my name and affixed my 

official seal at Columbus, the 2d day of February,J1:J>E§ ~-ROBINSON, 

Secretary of State.