- ··. 

1887. CONGRESSIONAL RECORD-SENATE. 1391 

The bill (S. 1783) granting an increase of pension to George Bliss was indefinitely postponed, in compliance with the recommendation of the 

Committee of the Whole. · 

Mr. NELSON moved to reconsider the several votes taken; and also 

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

The latter motion was agreed to. 

ORDER OF BUSINESS. 

1\Ir. PERKINS. Mr. Speaker, I think the bill I hold in my hand 

was passed over by mistake in the regular order while I was otherwise 

engaged. I ask consent, therefore, that it be taken up now and put 

upon its passage. It is a bill pensioning James Smithpeter, and I am 

satisfied there will be no objection to it. 

1\Ir. WALLACE. I think we have passed enough bills to-night. 

J\1:r. PERKINS. This bill was passed over by mistake. 

Mr. WALLACE. I must insist upon my objection. 

LEAVE TO PRli'i"T. 

Mr. ROWELL. I would like to renew my request to be permitted 

to publish some remarks in the RECORD upon a pension bill, which re- quest was objected to a short time since. 

Mr. TAULBEE. I withdraw my objection. 

The SPEAKER p ro tempore. Without objection the gentleman will 

be permitted to print remarks in the RECORD upon a pension bill. 

There was no objection. 

And then, on motion of Mr. WINANS. (at 10 o'clock and 35 minutes 

p. m. ), the Honse adjourned. 

PETITIONS, E'fC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rule, and referred as follows: 

By Mr. BAYNE: Two petitionsofworkingmenofWood's Run, Pa., 

for repeal of internal taxes-to the Committee on Ways and Means. 

By bfr. BOUND: Petition of citizens of Harrisburg, Pa., favoring 

the repeal of all laws imposing internal-revenue taxes-to the same committee. 

By Mr .. C. R. BRECKINRIDGE: Petition of Henry Neal, for pay as messenger to the Speaker's room-to the Committee on Accounts. 

By bfr. BUNNELL: Petition of 240 soldiers and citizens of the 

:fi.freenth district of Pennsylvania, asking that a law be passed granting 

each soldier~ sailor, and marine a pensionof$8 permonth in accordance 

with the service-pension bill, or what i<g known as the Lovering billto the Committee on Invalid Pensions. 

Also, resolutions of Tobacco Exchange of New York, favoring repeal 

of revenue tax on toba<lCo-to the Committee on Ways and Means. 

By lli. R: H. M. DAVIDSON: Papers in the claim of W. W. Hull, 

of Clay County, Florida-to the Committee on War Claims. 

By lli. ERMENTROUT: Memorial of Tobacco Exchange of New 

York, for repeal of internal-revenue taxes-to the Committee on Ways 

and Means. 

Also, memorial of National Viticultural Association, for the passage 

of conference report on House bill 4833-to the same committee. · 

Also, memorial of Letter Carriers' Association, for the ;passage of the 

bill (S. 2076) for eight hours' duty-to the Committee on Labor. 

By Mr. FINDLAY: Petition of Freedman's Bank depositors of Baltimore, Md., for relief-to the Committee on Banking and Currency. 

By Mr. HAYNES: Petition of Edward B. Holt, for increase of pension-to the Committee on Invalid Pensions. 

By Mr. HEARD: Petition of citizens of the sixth district of Missouri, in favor of Senate bill1636-to the Committee on the Post-Office 

and Post-Roads. 

By Mr. J. S. HENDERSON: Resolutions pa.ssed at a meeting of the 

Western Virginia Tobacco Trade, favoring the repeal of the internal- revenue taxes on tobacco-to the Committee on Ways and Means. 

By Mr. HITT: Petition of James D. White and 14 others, ex-soldiers, of Stillman Valley, ill., for the passage of the bill (S.1886) re- lating to pensions and bounties-to the Committee on Invalid Pensions. 

By lli. LIBBEY: Petition ofenlistedmenoftheSignal Corps, praying for the passage of House bill 5190-to the Committee on Military 

Affairs. 

By ?)fr. LITTLE: Petition of William Arthur and others, for the 

passage of Senate bill1636-to the Committee on the Post-Office and 

Post-Roads. 

Also, petition of Q.. E. Kin.g and others, for change contemplated in 

House bill 5190-to the Committee on Military Affairs. · 

Also, petition of John Fenton and others, for the passage of Senate 

bill1636-to the Committee on the Post-Office and Post-Roads. 

By }.fr. LONG: Petition of Thomas D. Worrock, in relation to fortifications-to the Committee on Military .Affairs, . 

By Mr. McKENNA: Petition of E. M. Gibson and others, in favor 

of House billl0081-to the Committee on the Militia. 

By Mr. MILLARD: Resolution of Post No. 376, Grand Army of the 

Republic, of New York, in favor of the Edmunds-Tucker bill-to the 

Committee on the Judiciary. 

By Mr. OATES: Petition of Henry Sterne, of Union Springs, Bullock County, Alabama, asking reference of his claim to the Court of 

Claims-to the Committee on War Claims. 

By Mr. CHARLES O'NEILL: Resolution of the Drug Exchange of 

Philadelphia, favoring the passage of the James bill to regulate the 

commercial sales of goods, &c., by samples-to the Committee on Commerce. 

By Mr. PARKER: Petition of the Produce Exchange of the city of 

New York, in favor of coast defenses-to the Committee on Appropriations. 

By Mr. SCRANTON: PetitionofdruggistsofScranton, Pa.,forrepeal 

of internal taxes-to the C mmittee on Ways and Means. 

By Mr. SENEY: Memorial of G. E. King and many others, favoring House bill 5190-to the Committee on Military Affairs. · Also, memorial of Letter Carriers' Association, favoring Senate bill 

2076-to the Committee on Labor. 

By' Mr. STAHLNECKER: Petition of the Chamber of Commerce of 

New York city, favoring the completion of jetties in Charleston (S.C.) 

Harbor-to the Committee on Rivers and Harbors. 

Also, petition of members ofNew York Produce Exchange, favoring 

coast defense-to the Committee on Appropriations. 

By bfr. STORM: Petition of the Tobacco Exchange of New York, 

for the repeal of internal tax on tobacco-to the Committee on Ways 

and Means. 

By Mr. VOORHEES: Petition of the mayor and connell of Olympia 

and 47 o~her citizens, praying for an appropriation of money for the 

improvement of the harbor of Olympia, Wash.-to the Committee on Commerce. 

Also, petition of citizens of Yakima County, Washington Territory, 

for relief-to the Committee on the Territories. 

The following petitions, praying for the enactment of a bill provid· 

ing temporary aid for common schools, to be disbursed on the basis of 

illiteracy, were severally referred to the Committee on Education: 

By Mr. BRAGG: Of 109 citizens of Ripon, Wis. 

By Mr. BUCK: Of75 citizens of Windsor Locks, Conn. 

By Mr. J. E. CAMPBELL: Ofl46 citizens of Morrow, Ohio. 

By b1r. CASWELL: Of 67 citizens of Elkhorn, Wis. 

By Mr. ELDREDGE: Of26 citizens of Pittsford, Mich. 

By Mr. GALLINGER: Of C. P. Hall and 87 others, citizens of Hins .. 

dale, N.H. 

By Mr. GOFF: Of 68 citizens of Wellsburg, W. Va. 

By Mr. HALE: Of 61 citizens of SaliSbury; and of 172 citizens of 

Brookfield and Avalon, Mo. 

By 1\fr. JACKSON: Of the Presbyterian and United Presbyterian 

churches of Beaver Falls, Pa. 

By J\.:Ir. T. D. JOHNSTON: Of 158 citizens of Asheville, N. C. 

By Mr: LANHAM: Of 34 citizens of Merkel, Tex. 

By Mr. McADOO: Of172citizensofHobokenandJerseyCity, N.J. 

By Mr. MOFFATT: Of 33 citizens of East Bay, Mich. 

By 1\fr. SHAW: Petition of George W. Townsend, for the adoption 

of a new educational system. 

By Mr~STRAIT: Of 43 citizens of Gumbrota, Minn. 

By Mr. WEST: Of 25 citizens of Gloversville, N. Y. 

By Mr. MILO WIDTE: Of 57 citizens of Chester and Beaver, Minn. 

SEN .ATE. 

SATURDAY, February 51 1887. 

Prayer by the Chaplain, Rev. J. G. BuTLER, D. D. 

The Journal of yesterday's proceedings was read and approved. 

REPORT ON THE CONGO COUNTRY. 

The PRESIDENT pro tempore laid before the Senate a communica· 

tion from the Secretary of the Navy; which was read, as follows: 

NAVY DEPARTMENT, WtUh.ington, February 1. 1887. 

Sm.: In compliance with a resolution of the Senate of the 27th ultimo, I have 

the honor to transmit herewith a copy of a report submitted to the Navy Department by Lieut. E. H. Taunt, United States Navy, after completing q. six 

months' journey on the River Congo,Central Africa.. .Accompanying the report will be found certain documents, together with samples of materials likely to be used in the region of that river and specimens of the articles used as currency in the different localities specified in the accompanying memorandum. 

Should the report be printed, I have the honor to request that one thousand 

(1,000) copies may be supplied for the use of the Navy Department. · Very respectfully, your obedient servant, 

Hon. JOHN SHERMAN, 

President of the Senate. 

W. <J. WHITNEY, 

Secretary of tlw Na'l1tJ. 

The PRESIDENT pro tempore. If there be no objection, the follow• 

ing order will be made in respect to the communication: 

Ordered, That the letter of the Secret.ary oftheNavyanda.ccompanying docu· 

mentB be printed and referred to the Committee on Foreign Relations. together 

with the articles, ornaments, and coins a.ccompa.nying said letter, to be returned to the Secretary of the Navy. 

J 
1392 CONGRESSIONAL RECORD-SENATE. FEBRU.A.nY 5, 

REPORT OF COM:lf:ISSIONER OF P ATE.t.~TS. 

TlJ& PRESIDENT pro tempore laid before the Senate the annual 

report of the Commissioner of Patents for the year 1886; which was referred to the Committee on PatentB, and ordered to be printed. 

MRS. HENRIETTA M. DRUM HUNT. 

The PRESIDENT pro tempore laid before the Senate the action of 

the House of Representatives non-concurring in the report of the com- mittee of conference on the disagreeing votes of the two Houses on the 

amendment of the Senate to the bill (H. R. 8869) granting a pension 

to Mrs. Henrietta M. Drum Hunt, further insisting upon its disagreement to the amendment, and asking for a further conference thereon. 

Mr. MITCHELL, of Pennsylvania. I move that the requestofthe 

House of Representatives be complied with, and that a committee of 

conference be appointed on the part of the Senate. I suggest that the same committee be appointed that acted before. 

The PRESIDENT pro tempore. The Senator from Pennsylvania moves that the request of the House of Uepresentatives be complied 

with, and that a new committee of conference be appointed. 

The motion was agreed to. 

By unanimous consent, the President pro tempore was authorized to 

appoint the conferees on the part of the Senate; and Mr. MITCHELL, 

of Pennsylvania, Mr. BLAIR, and Mr: WHITTHORNE were appointed. 

HOD'SE BILL REFERRED. 

The bill (H. R. 7508) granting the right of way to the Annapolis and 

Baltimore Short-Line Railroad Company across the Government farm 

connected with the Naval AcadamyatAnnapolis, 11-Id., wasread twice 

by its title, and referred to the Committee on Naval Affairs. 

RAILROAD ATTORNEYS-PERSONAL EXPLANATIO~. 

- Mr. MORGAN. I desire to state that I was not present yesterday 

when the vote was taken on what is called the railroad attorneys bill. 

The Senator from Kentucky [Mr. BECK] had agreed to arrange a pair 

between the Senator from Indiana [Mr. VooRHEES] and myself, but not 

having informed him the Senator fi·om Indiana did not know the fact 

and voted. If I ·had been here I should have voted "nay" on the 

passage of that bill. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pro tempore presented a joint resolution adopted 

by the General Assembly of Ohio; which was referred to the Committee on the Library, and ordered to be printed in the RECORD, as follows: 

Joint resolution relative to requesting our Senators and Representatives in Con- gress to do all possible for the passage of the bill S. 1976. 

Whereas there has been introduced in the Senate of the United States n. bill 

(No. 1976) to provide for the survey of certain historic grounds, locations, and 

military works: Therefore, Be it resolved by the General Assembly of the State of Ohio, That our Senators and 

Representatives in Congress be, and they hereby are, requested to vote for and urge the passage of the same, at the earliest practical moment, and that the governor forward a. copy of this resolution to each of our Senators and Representatives in Congress. 

Auopte<l January 20, 1887. 

JOHN C. ENTREKIN, 

Speaker of the House of Representatives. 

ROB'T P. KENNEDY, 

President of the Bena~e. 

UNITED STATES OF AMERICA. 

OHIO, Office of tM secretary of state: 

I, James S. Robinson, secretary of state of the State of Ohio, do hereby cer- tify that the foregoing is a. true copy of a joint resolution adopted by the General Assembly of the State of Ohio on the 20th day of January, A. D. 1887, 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 20th day of January, A. D. 1887. 

JAMES S. ROBINSON, 

Secretary of State. 

EXECUTIVE CHAMBER, C~LUMBUS, OHIO, January U, 1887. 

In accordance with the provisions of the foregoing resolut-ions, the same are hereby respectfully transmitted. J. B. FORAKER, Governor. 

The PRESIDENT p1·o ternpore presented a petition of 23 citizens of 

Millersport, Ohio, praying for the pru:;sage of the bill to permit a vote 

on.the question oflocal option in the District of Columbia; which was referred to the Committee on the District of Columbia. 

He also presented the petition of W. Stebbins Smith, George W. 

Thorn pson, and 112 other citizens of New York, praying for legislation 

authorizing the Secretary ofWar to contract with Charles Stoughton 

and his associates for the entire work of improving the Harlem River, 

New York; which was referred to the Committee on Commerce. 

Mr. VEST. I present a petition of members of the Thirty-fourth 

General Assembly of the State of Missouri, praying for the passage of 

the so-called Miller bill, and for legislation protecting the cattle interests of Missouri from Texas fever. As the petition is short, I ask that 

it be printed in the RECORD. 

The petition was ordered to be printed in the RECORD, and referred 

to the Committee on Agriculture and Forestry, as follows: 

STATE OF Missouni, Oity of Jefferson: 

To the Senators and Representatives from Missou1·i in the Forty-n 1~th C011gress: 

We, the undersigned members of the Thirty-fourth General Assembly, of the 

!::!tate of Missouri, do most respectfully petition to use all means at your com- mand to secure the passage of the bill H. R. 10359, secoQd session of Fortyninth Congress, known as the "Miller bill," or some other law on the same subject. . And further pray that you will lend your aid to enact some law governing 

the traffic in Southern or Texas cattle, so we will not, during:the warm months, be so much exposed to that contagious disease known as Texas or splenic fever. 

Benson Bond, Atchison County ; George Cobb, N oda.wa.y County; David Hopkins, Jasper County; Frank Dodd, Howard County; 'Villiam F. Crocke, Iron County; C. F. Chrisman, Platte County; G. 1V. Johnson, Buchanan 

County; H. A. Newman, Randolph County; John D. Satterwhite, Saint 

Fra.n9ois County; J. C. O'Dell, Reynolds County; 0. M. Coppedge, Maries 

Count-y; F. W. Guy,Jefferson County; C. L. White, Howell County; W. D. Hoar, Andrew County; M. L. Tribble, Newton County; William A. 

Fly, Bary County; Jason W. Newell, Dade County; R. C. Carter, An- drew County; R. W. Mueler, Saint Charles County: E. F. Eskew~ But- ler County; 0. F. Arnold, Cooper County; G. W. Crawford, rettis 

County; H. A. Scboppenhorst, Warren County; F. M. Coleman, Carter 

County; Perry Chilton, Shannon County; John W. Drabelle, Saint Louis 

City; J. J. Russel, Mississippi County; Henry Smith, Kansaa City; F. R. Newbery, Madison County; J. G. Ellis, Bolenger County; G. F. Lee, 

Wayne County ; L. "B. Paschall, Saint Louis City· V. B. S. Reber, 

Saint Louis City: J. F. Moore, Webster County; J. H. Babcock, Ma- con County; J. F. Morton, Ray County; T. F. Frazer, Scott County; W. H. Carter, Montgomery County; HenryS. Shaw, Saint Genevieve 

County; R. H. Whitelaw, Cape Girardeau County; L. S. Bridges, Pettis 

County; F. P. Sebree, Saline·County; W. H. Miller, Jackson Count_Y_j R. A. Hicklin, Lafayette County; N. M. Shelton, Schuyler County; w. R. Goodykoontz, Washington County; G. B. Pilant, Ozark County; J. M. 

Roberts, Sullivan County; S. W. Headley, Green County; G. A. Arbuthnot, Linn County; Cowa.y Jones, Morgan County; W. H. Cock, Henry 

County· R. M. Bodine, Monroe County; John Ewing, Worth County; 

Samuel Dial, Taney County; Thomas Shaw, Calaway County; James H. Lacy, Cass County; W. S. Snidow, Hickory County; H. B. Powers, Put- nam County; J. H. Fore, Clark County; John W. Booth, Franklin County; W. 0. S. Jewett Shelby County; L. T. Moulton, De Kalb County; Ira. B. Warren, Saint L<";uis County; L. R. Knowles, Holt County; D. R. B. Har- lan, Caldwell County; Lucius Salisbury,Chariton County; John T. Daniel, 

Nodaway County; George T. Collins, Scotland County; W. I. Watson, Knox County; George A. Mahan, Marion Connty; Daniel H. Mcintyre, 

Cole County; Frank S. Curtis, Saint Louis City; H. 0. Garrett, Pem- iscot County; J. M. Lewis, Douglas County; A. R. Jackson, Camden 

County; A.M. Haswell, Green County; M. E. Swift, Mercer County; J. W. Davis, Adair County; W. A. Pierce, Ripley County; J. J. McNatt, 

McDonald County; Nelson Church, Harrison County; Bery T. Plummer, 

Christian County; T. J. Taylor, Grundy County; H. C. Timmons, Barton County ; D. R. Steel, Monitau County; T. R. R. Ely .Dunklin County; 

G. A. Purdy, Lawrence County; G. F. Moore, Laclede County; W. F. Cochrane, Osage County; B. Arnie, Wright County; H. C. Conner, John- son County; Joseph Slandlee; Stone County; James Shaw, Saint Louis 

City; VernonW.Knapp,SaintLouisCity; J. W.Kneisley~BooneCounty; 

S. G. Kelley, Johnson County; Z. T. Maxwell, Cra.wfora County; J. H. Dunn, Clay County; Patrick Curran, Saint Louis City; Ed. W. Turner, 

Clinton County; James Brooks, Carroll County; E. A. Donelan, Buchanan 

Countv; W. B. Lewis, Cedar County; H. C. Duffy, Pike County; G. H. Noel, Jackson County; W. F. Collins, Oregon County; William R. Macklin, Saint Louis City; S. J. George, Polk County; John Taggart, sena- tor, fourth district: S. H. Claycomb, senator, twenty-eighth district; J. R. Salton stall, senator, filt~enth district; F. M. 1\lansfield, senator, twentysecond district· D. H. Ball, senator, eleventh district; H. 1V. Johnson, 

senator, tenth district; J. C. Seaborn, senator, eighteenth district; J. W: Seabree, senator, eighth district ; James Hazwell, senator, fourteenth district; W. G. Downing senator, twelfth district; W. P. Sheldon, senator, 

twentieth district; W. H. Sears, senator,seventh district; J. M. Proctor, 

senator, ninth district; A.M. Allen, senator, twenty-seventh district; F. H. Ketcham, senator, thirty-second district; G. W. Davidson, senator, 

thirty-first district; J. G. Sparks, senator, sixteenth district; Lyman Par- cher, senator, first district; J. J. Gideon, senator, nineteenth district. 

Mr. CHENEY presented a petition of 264 citizeDB of Washington, D. 

C., resident on New York and Indiana avenue, G, D, B, Twentyfourth and Twenty-sixth streets, praying for the passage of t.he bill 

{H. R. 8976) to incorporate the Washington Cable Railway Company; 

which was referred to the Committee on the District of Columbia. 

Mr. INGALLS. I present the petition of a large number of ex-soldiers resident in the State of Indiana, praying for the removal of the 

limitation in the act granting arrears of pension. I move that the petition lie on the table. 

The motion was agreed to. 

Mr. RIDDLEBERGER presented a petition of citizens of Virginia, 

praying for the passage of the Colquitt bill to regulate the granting of 

liquor licenses in the District of ~olumbia; which was referred to the 

Committee on the District of Columbia. 

He also presented a petition of 333 citizens of Washington, D. C., 

residing on Fifth, Sixth, Twelfth, Thil"teenth, and Fifteenth streets, 

praying for the passage of the bill (H. R. 8976) to incorporate the 

Washington Cable Railway Company; which was referred to the Committee on the District of Columbia. 

Mr. McMILLAN. I present resolutions in the nature of a memorial signed by officers of the State Horticultural Society and other associations in Minnesota, requesting tlte Senators and Representatives 

of Minnesota in the National Congress to use their influence and give 

their votes to secure the passage of the bill known as the Hatch agricultural experiment-station bill. I move that the resolutions lie on the table, as that bill has already passed the Senate. 

The motion was agreed to. ·. Mr. ALLISON. I present a memorial of a commmittee appointed 
1887. CONGRESSIONAL REOORD-SENATE. 1393 

by an assembly of nearly 300 citizens of the District of Columbia, 

property owners and residents on the line of Thirteenth street northwest, remonstrating against the location of the track of the proposed 

cable railway on that street, and giving at length reasons why that 

should not be done. I move the reference of the memorial to the 

Committee on the District of Columbia. 

The motion was agreed to. 

Mr. MAHONE presented a petition of citizens of Washington, D. 

C., praying that provision be made for placing an ice and patrol boat on the Potoma.c River; which was referred to the Committee on Com- merce. · 

Mr. EVARTS presented a petition of citizens of Plattsburg, N. Y., 

praying for the repeal of the law limiting the granting of pension arrearages; which was referred to the Committee on J>enstons. 

He also presented the petition of Sarah Higgins, widow of John Higgins, late a private in Company G, One hundred and fifty-third Regiment New York Volunteers, praying for the passage of a law extending 

the time for filing claims for arrears of pension; which was referred to 

the Committee on Pensions. 

Ur. BUTLER presented a memorial of citizens of Georgetown, S. C., 

remonstrating ag<~>inst the proposed abolition of that place as a customs 

district; which was referred to the Committee on Commerce. 

Mr. MITCHELL, of Oregon, presented a petition of 330 property owners and residents of West Washington, D. C., praying for the passage ofthe bill for the incorporation of the Washington Cable Railway 

Company; which was referred to the Committee on the District of Columbia.. 

REPORTS OF COMMITTEES. 

:Mr. MAHONE, from the Committee on Public Buildings and 

Grounds, to whom was referred the bill (S. 3214) to provide for paying 

certain advances made to the United States by the Statffi of Maryland 

and Virginia, reported it without amendment and submitted a report 

thereon. 

Mr. COCKRELL. The bill (S. 3011) for the relief of Andrew J. 

Edgerly, was referred to the Committee on Military Affairs and was con- sidered by the committee, and I was directed to make a favorable re- port. About the same time the bill (H. R. 10353) for the relief of 

Andrew J. Edgerly, in the exact language of the Senate bil1, was passed 

by the House and came to the Senate and was referred to the Committee on Military Affairs. I now report back the Honse bill favorably 

without amendment, and ask that the Senate bill be indefinitely postponed. , The bill (H. R. 10353) for the relief of Andrew J. Edgerly was or- dered to be plaeed on the Calendar; and the bill·(S. 3011) for the relief 

of Andrew J. Edgerly was postponed indefinitely. 

MISSISSIPPI RIVER BRIDGE AT DUBUQUE. 

Mr. VEST, from the Committee on Commerce, tow hom was referred 

the bill (S. 3062) to authorize the construction of a high wagon and 

foot-passenger bridge over the Mississippi River between the city of 

East Dubuque, in the State of Illinois, and the city of Dubuque, in the 

State of Iowa, reported it without amendment. 

Ur. ALLISON. As that is a brief bill, and it is important that it 

should be passed, I ask unanimous consent that it be considered at this 

time. It will take but a moment. 

The PRESIDENT pro te-mpm·e. The Senator from Iowa asks the 

unanimous consent of the Senate to proceed to the consideration of the 

bill at this time. Is there objection? "l'he Chair hears none. Mr. ALLISON. I moved the other day when a similar bill was re- ceived from the House of Representatives that it lie on the table. 

The PRESIDENT pro tempore. The Senator from Iowa moves that 

the Senate proceed to the consideration of a Honse bill, the title of 

which will be stated, which is on the table. 

The CHIEF CLERK. A bill (H. R. 10412) to authorize the construction of a high wagon and foot-passenger bridge over the Mississippi 

River between the city of East Dubuque, in the State of Illinois, and 

the city of Dubuque, in the State of Iowa. 

The motion was agreed to; and the Senate, as in Committee of the 

Whole, proceeded to consider the ~ill; which was read, as follows: 

That in lieu of the pontoon-bridge authorized by the act of Congress to be constructed over the Missis.~ippi River between the city of East Dubuque, in the State of Illinois, and the city of Dubuque, in the State of Iowa, by the East Du- buque Bridge Company, a. corporation. organized under the laws of the State of Dlinois for that purpose, and amendatory of said act, tlte DubuquePontoon Bridge Company, a corporation organized under the laws of the State of Iowa for a like purpose, and now holding the franchise of said East Dubuque Bridge 

Company in relation to such bridge, may construct and maintain over said river, at the most suitable point between those cities, a high wagon-bridge, for the passage of wagons and vehicles of all kinds, for the transit of animals, and for foot-pa.'!Sengers, for su<>.h reasonable rates of toll as said cities may prescribe: Provided, That the Secretary of War, to whom the plans and specifications for said contemplated high wagon-bridge have been submitted for inspection, shall be of opinion that such high wagon-bridge will be no substantial obstruction to the navigation of said river. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

Mr. ALLISON. Now the Senate bill may be indefinitely postponed. 

The PRESIDENT pro tempore. That course wil~ be pursued. 

XVII I-SS 

PUBLIC BUILDING AT CHATTANOOGA, TE...~N. 

Mr. MAHO.Nli submi~ the following report: 

The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7'218) to amend an act entitled "An act for the erection of a public building at Chattanooga, Tenn.," approved 

February 25,1885, having met, after full and free conference have agreed to rec- ommend and do recommend t-o their respective Houses as follows: That the House recede from its disagreement to the amendments of the Sen- ate numbered 1, 2, 3, and 4, and agree to the same. . W?tf. MAHONE, . .JUSTIN S. MORRILL, ISHAM G. HARRIS, 

Managers on the part of the &nate. 

C. P. SNYDER, THO. D. JOHNSTON, W. W.BROWN, 

ManageJ"s on the part of the HottSe. 

The report was concurred in. 

ORDER OF BUSINESS. 

:Mr. DAWES. I move to take up the Indian appropriation bill. 

The PRESIDENT pro tempore. That motion is not in order yet. -The 

morning business is not yet completed . .M:r. DAWES. Of course I propose to yield to morning business. 

1.1r. SAWYER. I was going to ask unanimous consent to take up 

the private pension bills, reported favorably, under the eighth rule; 

and if there is no objection, I make that request. 

The PRESIDENT pro tempm·e. The morning business is not yet 

through, and under the rule that can only be done by unanimous con .. sent. The introduction of bills is the next order. 

BILLS INTRODt:CED. 

. Mr. KENNA introduced a bill (S. 3268) to amend an act approved 

June 15, 1882, changing the boundaries of the fourth collection district of Virginia; which was read twice by its title, and referred to the 

Committee on Commerce. 

Mr. UANDERSON introduced a bill(S. 3269) forthereliefofEmma 

S. Free, widow of the· late Maj. Thomas S. Free, of the Tenth United States Volunteers; which was read twice by its title, and, with 

the accompanying papers, referred to the Committee on Pensions. 

AMEND~ENT TO A BILL. 

Mr. WILSON, of Iowa, submitted an amendment intended to be 

proposed by him to the river and harbor bill; which was referred to 

the Committee on Commerce, and ordered to be printed. 

LEGISLATIVE ASSEMBLY OF WASHINGTON TERRITORY. 

1.Ir. VOORHEES submitted the following resolution; which was 

read: 

Resolved, That the Committee on Territories be discharged from the further consideration of the bill (H. R. 6966) to change the time of the meeting of the Legislative Assembly of Washington 'rerritory. 

Mr. VOORHEES. The resolution may go over until Monday. I 

give notice that at that time I shall call it up for consideration. 

The PRESIDENT pro tempore. The resolution will go over and be 

printed. WHARTO~'S DIGEST OF INTERNATIONAL LAW. 

Mr. EVARTS submitted the following concurrent resolution; which 

was referred to the Committee on Printing: 

Resolved by tM Benale (the H~e of Re-presentatives concumng), That 4,000 addi- tional copies of Wharton's Digest of International Law be printed and bound, of which 1,000 copies shall be for the use of the Senate, 2,000 copies for the use of the Honse, and 1,000 copies for the use of the Department of State. 

INDIAN APPROPRIATION BILL. 

Ur. DAWES. I now ask that the Indian appropriation bill may be 

taken up. . The PRESIDENT pro tempore. There being no further morning 

business, the Senator from Massachusetts moves that the Senate proceed to the consideration of the bill (H. R. 10394) making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian 

tribes: for the year ending June 30, 1888, and for other purposes. 

Mt. SAWYER. I ask the Senator to yield to me to call up the pri- vate pension bills favorably reported. 

Mr. DAWES. Let me get the right of way for the appropriation 

bill, and then I will yield. 

Mr. SAWYER. Very well. 

The PRESIDENT pro tempore. The question is on the motion of the 

Senator from Massachusetts. 

The motion was agreed to. 

The PRESIDENT pro tempore. The Indian appropriation bill is 

before the Senate. 

CONSIDERATION OF PENSION BILLS. 

Mr. DAWES. Now, if there is no objection on the part of the Senate, I will yield informally to the Senator from Wisconsin, for the purpose which be has indicated. 

Mr. SAWYER. I ask unanimous consent that the Senate proceed 

to the consideration of the individual pension bills favorably reported, 

~der the eighth rule. 
1394 CONGRESSIONAL RECORD-. SENATE. FEBRUARY 5, 

The PRESIDENT pro tempore. The Senator from Wisconsin asks the 

unanimous consent of the Senate to proceed to the consideration of pension bills under the eighth rule, for half an hour, as the Chair understands. If there be no objection, that order will be made. The Chair 

hears none. 

MESSAGE FROM THE HOUSE. 

A message from the House of Representatives, by Mr. CLARK, its 

Clerk, announced that the House had passed the following bills; in 

which it requested the concurrence of the Senate: .A bill (H. R. 5345~ for the relief of Mary J. Gilbert; 

A bill (H. R. 6188) for the relief of John A. Fagg; 

A bill (H. R. 6732) for the relief of General SpeedS. Fry; 

A bill (H. R 7971) granting a pension to Mary Wood; 

A bill (H. R. 8469) granting a pension to John Moran; 

A bill (H. R. 8486) granting a pension to Rebecca Morris; 

A bill (H. R. 10021) granting a pension to M:rs. Mary Lathrop; 

A bill (H. R. 10473) granting ·a pension t<> William Reddick; and 

A bill (H. R. 10795) granting a pension to Elenor C. Ransom. 

The message also announced that the House had passed the following bills: 

A bill (S. 785) granting a pension to George Ham; 

A bill (S. 859) granting a pension to Charlotte O'Neal; 

A bill (S. 1384) granting a pension to Mathias Wondrak; 

A bill (S. 1626) granting a pension to John Reed, sr.; 

A bill (S. 1627) granting a pension to 1\frs. M. C. Miles; 

A bill (S. 1768) granting a pension to John D. Fincher; 

A bill (S. 2111) granting a pension to J aeob Smith; . A bill (S. 2203) granting a pension to Mrs. Emily 1\f. Swift, of Dexter, Mich.; · A bill (S. 2252) granting a pension to Susan A. Duncan; 

A bill (S. 2286) for the relief of Albert C. Kelley; 

A bill (S. 2353) granting a pension to William Barden; 

A bill (S. 2363) granting a pension to Marcel Gagnon; 

A bill (S. 2391) granting a pension to John G. Warren; 

A bill (S. 2452) granting a pension to Rachael Ann Pierpont; 

A bill (S. 2454) granting a pension to James S. Furniss; 

A bill (S. 2479) granting a pension to Mrs. AdalineP. Loy; 

A bill (S. 2660) granting a pension to .Annie E. Gardiner; and 

A bill (S. 2884) granting a pension to Mrs. Anna Etheridge Hooks. 

The message further announced that the House ha'd passed the following bills with amendments; in which it requested the concurrence ofthe Senate: · A bill (S. 2218) for the relief of Lucy A. Washburn; and 

A. bill (S. 2519) granting a pension to Richard B. Rians. 

JANE BROWN DUNN. 

Mr. SAWYER. The :first private pension bill on the Calendar is Order 

of Business 1960, being Senate bill 2629. 

The PRESIDENT pro tempore. The pension bills will be proceeded 

with in their order on the Calendar. 

The Senate, as in Committee of the Whole, proceeded to consider the 

bill (S. 2629) granting a pension to Jane Brown Dunn, which had been 

reported from the Committee on Pensions with an amendment to add 

to the bill ''and to pay her a pension of $12 per month from and after 

the passage of this aet,'' so as to make the bill read: 

Be it enacted, &:c., That the Secretary o( _the Interior_be, and he is h~r~by, au- thorized and directed to place on the pens10n-roll, subJect to the prov1s10nsand 

limitations of the pension laws, the name of Jane Brown Dunn, daughter of 

William H. H. Dunn, late a. private in Company A, Sixth Regiment Indiana 

Volunteers and Company L, Fourth Indiana Cavalry, and to pay her a. pension 

of $12 per n'tonth from and after the passage of this act. 

The amendment was agreed to. 

The bill was reported to the Senate as amended, and the amendment was concurred in. . The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. 

RICHARD H. l\I WHOR~ 

The Senate, as in Committee of the Whole, proceeded to consider the 

bill (S. 1321) granting arrears of pension to Richard H. McWhorter, 

which had been reported from the Committee on Pensions with an amendment, in line 4, after the words "directed to," to strike out: 

Place on the pension-roll, subject to the provisions and limitations of the pen- sion laws, the name of Richard H. McWhorter, late first lieutenant of Company 

C, Thirteenth Regiment Kentucky Cavalry, and pay him a pension, from and 

after the date of his disability, in the same manner and to the same extent as would have been done had his application been received and filed in the Pen- sion Office prior to July!, 1880. 

And in lieu thereof to insert: 

Readjudicate the pension claim of Richard H. McWhorter, late first lieuten- ant of Company C, Thirteenth Regiment Kentucky Cavalry Volunteers, as though the application under which a pension was granted had been filed in the Pension Office on the 20th day of April, 1880. 

The amendment was agreed to. 

The bill wa.9 reported to the Senate as amended, and the ~mendment 

was concur.red in. 

The bill was ordered to be engrossed for a third reading, read the third 

time, and passed. 

JAMES LUCAS. 

The bill (S. 3108) granting a pension to James Lucas was considered as in Committee of the Whole. It proposes to place on the pension-roll 

the name of James Lucas, late a private in Company H, One hundred 

and eleventh Regiment Ohio Volunteers. 

The bill was reported to the Senate wit.bout amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

JAMES H. THOMAS. 

The bill (S. 2670) granting an increase of pension to James H. Thomas was considered as in Committee of the Whole. It proposes to plaee on the pension-roll the name of James H. Thomas, late a private in Company I, Thirty-second Iowa Infantry, at the rate of $12 per month, in 

lieu of the pen&on be is new receiving. 

Mr. COCKRELL. Let the report in that case be read. 

The PRESIDENT pro tempore. The report will be read. 

The.ChiefClerkread the following report, submitted by Mr. SAWYER, 

January 18, 1887: 

The Committee on Pensions, to whom was referred the bill (S. 2670) granting an increase of pension to James H. Thomas, have examined the same, andreport: 

The history of this case shows that James H. Thomas was a private in Com- pany I, Thirty-second Iowa Infantry ; that he e~ted August 19, 1862; t~t he was discharged June 2, 1865; that he was pensiOned for pulmonary diSease, 

first at the rate of $2 per month, which was increased to $6 per month. The bill 

for his relief provides for an increase to the rate of m per month. There is no question as to the incurrence of lung disease in the service and in the line of 

duty. All of the medical examinations agree as to the nature of the disease. 

The board by whom he was examined in April last recommended an increase to $10 per month. He is now over sixty years old, has a quick pulse and rapid 

respiration, and it is evident that he is totally disqualified for manual labor, and 

that he has no resources except his pension. 

The committee therefore report the bill favorably, with a recommendation 

that it do pass. 

. The bill was reported to the Senate wi bhout amendment, ordered to 

be engrossed fo:r a third reading, read the third time, and passed. 

JOHN H. STUCKER. 

The bill (H. R. 7748) granting a pension to John H. Stucker was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of John H. Stucker, late of Company B, 

Eighteenth Regiment Missouri Volunteers (Grundy County Battalion 

Missouri Militia). 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CLARA M. TANNEHILL. 

The bill (H. R. 9672) granting a pension to Clara M. Tannehill was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Clara M. Tannehill, blind daughter of Martin 

V. Tannehill, late of Compa;ny D, Thirty-fourth Regiment Iowa Volunteers, at $12 per month. 

The bill was reported to the Senate without amendment, ordered to a third readin,g, read the third time, and passed. 

LIZZIE BROWN. 

The bill (H. R. 7716) granting a pension to Lizzie Brown was con- sidered as iu Committee of the Whole. It proposes to place on the 

pension-roll the name of Lizzie Brown, the dependent and crippled 

sister of Webster Brown, late of Com pay L, First 1\faine Heavy Artillery, who was killed in the battle of the Wildernes~, at the rate of $12 

per month. · The bill was reported to the Senate without amendment, orderecl to a third reading, read the third time, and passed. 

DAVID B. CALDWELL. 

The bill (H. R. 7390) granting a pension to David B. Caldwell was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of David B. Caldwell, late a lieutenant of 

Company I, Seventy-fift,b Regiment of Ohio Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

HUGH :ROGERS. 

The bill (S. 3131) granting a pension to Hugh R.ogers was considered as in Committee of the Whole. It proposes to place on the pension-roll 

the name of Hugh Rogers, late a private in the Marine Corps, United 

States Navy. 

The bill was reported to the Senate without amendment, ordered to 

be engro...~d for a third reading, read the third time, and passed. 

MILTON TEETER. 

The bill (S. 3106) granting a pension to Milton Teeter was co~sidered 

as in Committee of the Whole. It proposes to place on the pensiOn-roll 

the name of Milton Teeter, late a. private in Company I, Sixteenth Regiment New York Heavy Artillery Volunteers. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. -

ROBERT DAXTER. 

The bill (S. 2935) granting a pension to Robert Baxter was considered as in Committee of the Whole. It proposes to place on the pension-
1887. CONGRESSIONAL RECORD-SENATE. 1395 

roll the name of Robert Baxter, late a private of Company D, Seventyseventh Regiment Enrolled Missouri Militia. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

WAITIE F. HARRIS. 

The bill (H. R. 8258) granting a pension to Waitie F. naiTiswas considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Waitie F. Harris, a volunteer nurse in the late 

war, at $12 per month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

MRS. ANNA SCHIER. 

The bill (H. R. 7983) granting a pension to Mrs. Anna Schier was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Anna Schier, widow of Nicholas Schier, formerly a member of Company C, One hundred and twelfth Regiment 

Pennsylvania Infantry Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

MRS. MARGARET CASHIN. 

The bill (H. R. 5398) granting a pension to' Mrs . Margaret Cashin was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Margaret Cashin, widow of Patrick Cashin, 

late of Company D, Forty-fourth Ohio Volunteers, and Company 1\I, 

Eighth Ohio Volunteers. 

The bill was reported to the Senate without amendment, ordered to 

a third reading! read the third time, and passed. 

MRS. SOPHIA SPRAIN. 

The bill (H. R. 9025} for the relief of Mrs. Sophia Sprain, widow, 

and two minor children of Louis F. Sprain, was considered as in Committee of the Whole. It proposes to place on the pension-roll the name 

of 1\Irs. Sophia Sprain, widow, and two minor children of Louis F. 

Sprain, late a private in Company D, Fourteenth Wisconsin Volunteers. 

The bill was reported to the Senate without amendment, ordered to 

a third reading~ read the third time, and passed. 

CHARLES T. WORNOM. 

The bill (H. R. 9169) to place on the pension-roll the name of Charles 

T. Womom was considered as in Committee of the Whole. It proposes 

to place on the pension-roll the name of Charles T. Wornom, of Atlantic, Iowa, late of Company F, Twelfth Illinois Cavalry. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and .passed. 

WILLIAM B. BARNES. 

The bill (H. R. 9250) for the relief of William B. Barnes was <;onsidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of William B. Barnes, dependent father of Louis 

W. Barnes, late of Company I, Sixteenth Regiment of Infantry Iowa 

Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

DANIEL SCHULTHEIS. 

The bill (H. R. 7911) granting a pension to Daniel Schu]theis was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Daniel Schultheis, late of Company H, Fortyninth Illinois Volunteers. 

The bill was reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

SETH WELDY. 

The bill (H. R. 8227) granting a pension to Seth Weldy was con- sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Seth Weldy, late a captain in the Twenty-third 

Regiment of Infantry, United States Army. 

Tbe bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CAROLINE P. BOLTON. 

· The bill (H. R. 9004) for the relief of Caroline P. Bolton ~as con- sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Caroline P. Bolton, mother of Edwin W. Bolton, 

deceased, late a member of Company I, Twenty-first Regiment Iowa 

Volunteer Infantry. 

The bill was reported to the Senate without amendment, · ordered to a third reading, read the third time, and passed. 

LIFURS ROBERSON. 

The bill (H. R. 3167) to restore the name of Liftirs Roberson to the 

pension-roll was considered as in Committee of the Who] e. It proposes 

to restore the name of Lifurs Roberson, late of company K, Fifth Tennessee Volunteers in the 1\Iexican war, to the pension-roll. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

LUKE HOROBIN. 

The bill (H. R. 8949) granting a pension to Luke Horobin was announced as next in order on the Calendar. 

Mr. SAWYER. I ask that the bill be passed over without prejudice~ 

The PRESIDENT pro iempore. The bill will be passed over without 

prejudice. LTVINGSTON CL~ 

The bill (H. R. 7547) granting a pension to Livingston Clark was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Livingston Clark~ late of Company G, Twentyfirst New York Cavalry, the amount of his pension to be paid to his 

duly appointed committee or trustee, for his benefit. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

OWEN P. WILSON. 

The bill (H. R. 6069) granting a pension to Owen P. Wilson was 

considered as in Committee of the Whole. It proposes to place the name of Owen P. Wilson, of Edmonson County, Kentucky, dependent 

father of James R. Wilson, deceased, late a private in Company I, 

Twenty-seventh Regiment Kentucky Volunteers, on the pension-r(}ll. 

The bil1 was reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

E. A. M'FADDEN~ 

The oill (H. R. 7699} granting a pension to E. A~ McFadden was con-· sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of E. A. McFadden, late second lieutenant of 

Company G, Second Regiment Ohio Volunteers, in the Mexican war. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

ELIZABETH M .• KING. 

The bill (H. R. 9443) granting a pension to Elizabeth 1\f. King was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Elizabeth M. King, mother of Dudley King, 

late a lieutenant of Company C, Eighty-ninth Regiment Ohio Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time1 and passed.. 

FREDERICK RICHMOND. 

The bill (H~ R. 9444) granting a pension to Frederick Richmond was considered as in Committee of the Whole. It proposes to place on · 

the pension-roll the name of Frederick Richmond, late a private in 

Company B, Thirty-sixth Regiment Ohio Volunteers, nowinsane, payment of pension to be made to his legally constituted guardian. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed~ 

CAROLINE C. M 1NAIR. 

The bill (H. R. 7689} granting a pension to Caroline C. McNair, was considered as in Committee ofthe Whole. It proposes to place on the 

pension-roll the name of Caroline C. McNair, of Canisteo, Steuben 

County, New York, at the rate of $12 per month. 

The bill was reported to the Senate without amendment, ordered to 

a third reading, read the third time, and passed. 

MRS. MARIA C'. M'PHERSON. 

The bill (S. 2421} granting a pension to Mrs. Maria C. McPherson was considered as in Committee of the Whole. It proposes to place on the ponsion-roll the name of Mrs. Maria C. McPherson, widow of 

Daniel McPherson, late a corporal of Company C, Twenty-fourth Michigan Infantry. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

1\IRS. HETTIE K. PAINTER. 

The bill (S. 2834) granting a pension to Mm. Hettie K. Painter was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Mrs. Hettie K. Painter, a volunteer nurse during the late war. at the rate of $25 per month . 

• The bill was reported to the Senate without amendment, orde-red to 

be engrossed for a third reading) read the tb4'd time, and passed.. 

MRS. SARAH RAND.Ll.tS. 

The bill (H. R. 7352) granting a pension to Mrs. Sarah Randles was 

considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Sarah Randles, widow of William Randles, 

late captain of Company I, Ninety-third Regiment of New York Volunteers. 

The bill was reported to the Senate without amendment) oidered to a third reading, read the third time, and passed. 

ELLEN M. STURTEVANT. 

The bill (H. R. 10152) granting a pension to Ellen M. Sturtevant was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Ellen 1\I. Sturtevant, of Keene, New HampI , 
1:-196 CONGRESSIONAL RECORD-SENATE. FEBRUARY 5, 

shire, dependent sister of Edward E. Sturtevant, late major Fifth Regiment New Hampshire Volunteers, at the rate of $12 per month. 

The hill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

E.'IIL Y LOUISA SPICER. 

The bill (H. R. 5506) granting a pension to Emily Louisa Spicer was considered as in Committee of the Whole. It proposes to increase the 

pension of Emily Louisa Spicer, widow of Commodore William F. 

Spicer, late of the United States Navy, at the rate of $50 per month, 

in lien of the pension now received by her. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

JAMES H. YOUNG. 

The bill (H. R. 8424) granting a pension to James H. Young was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of James H. Young, late of Company I, 

Sixth Regiment Kansas Cavalry Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

EMILY LUTHER. 

The bill (H. R. 8632) for the relief of Emily Luther was considered _as in Committee of the Whole. It proposes to place on ·the pension-roll 'the name of Emily Luther, widow of Herbert M. Luther, late sergeant 

Company G, Eighteenth Massachusetts Volunteers. 

The bill was reported to t.he Senate without amendment, ordered to a third reading, read the third time, and passed. 

BETSEY COONEY. 

The bill (H. R. 9426) granting a pension to Betsey Cooney was con- ·sidered as in Committee of the Whole. It proposes to place on the pension-roll, at $12 per month, the name of Betsey Cooney, sister of Stephen 

Cooney, late of Company C, Third Regiment New Hampshire Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

LOREN BURRITT. 

The bill (H. R. 8002) to increase the pension of Loren Burritt was considered as in Committee of the Whole. It proposes to increase the 

pension of Loren Burritt, late lieutenant-colonel of the Eighth Regiment United States Colored Troops, to $100 a month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed . 

SARAH O'BRIEN. 

The bill (H. R. 9130) granting a pension to Sarah O'Brien was con- sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Sarnh O'Brien, widow of Hugh O'Brien, late a private in Company C, One hundred and seventieth New York Infantry 

Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

JOHN SELBY. 

The bill (H. R. 6026) granting a pension to John Selby was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of John Selby, dependent father of George Selby, 

late a private in Company C, Seventy-third Ohio Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CAROLINE L. SHEDD. 

The bill (H. R. 10104) granting a p_ension to Caroline L. Shedd was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Caroline L. Shedd, foster-mother of George C. 

Shedd, late of Company I, Thirtieth Iowa Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

ELIZABETH lU. J. MEAGHER.' 

The bill {H. R. 8463) granting a pension to Elizabeth M. J. Meaghe~ 

was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Elizabeth M. J. Meagher, widow of 

Thomas Francis Meagher, late a brigadier-general of United States 

volunteers, at $50 per month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

IDNERVA ABBEY. 

The bill (10103) granting a pension to Minerva Abbey was considered as in Committee of the Whole. It proposes to place~n the pension-roll the name of Minerva Abbey, the blind daughter of James D. 

Abbey, deceased, late of Company I, Fifteenth Kansas Cavalry, at the 

rate of $12 per month. . The bill was reported to the Senate without amendment, ordered to a third rea.ding, read the third time, and passed. 

FRANZ ROSSRUCKER. 

The bill (H. R. 7732) granting a pension to Franz Rossrucker, was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Franz Rossrucker, late a private in COI~pany 

A, Fifth Wisconsin Infantry. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

1\IRS. SUSAN E. BARRY. 

The bill (H. R. 9009) granting a pension to Mrs. Susan E. Barry was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Mrs. Susan E. Barry, late an army nurse, 

at the rate of $12 per month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CATHERINE E. BABCOCK. 

The bill (S. 3135) granting a pension to Catherine E. Babcock was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Catherine E. Babcock, widow of Maj. Charles 

P. Babcock, late of the Second Regiment Michigan Cavalry, at the rate 

of $40 a month in lieu of the pension she is now receiving. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a tbir~ reading, read the third time, and passed. 

MICHAEL TODD. 

The bill (H. R. 7335) granting a pension to Michael Todd was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Michael Todd, father of James H. Todd, deceased, late of Company K, Sixty-ninth Pennsylvania Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CATHARINE F. EU.SWOBTH. 

The bill (S. 3107) granting a. pension to Catharine F. Ellsworth was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Catharine F. Ellsworth, widow of Edward A. 

Ellsworth, late a first lieutenant in the Eleventh Regiment United 

States Infantry. , The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

JAXES H. BUTLEB. 

The bill (H. R. 8601) granting a pension to James H. Butler was considered as in Committee· of the Whole. It proposes to place on the 

pension-roll the name of James H. Butler, formerly captain of Company F, Thirty-second New York Volunteer Infantry. 

The bill was reported to the Senate without amendment, ordered to a t~d reading, read the third time, and passed. 

CATHARINE WATERS. 

The bill (H. R. 325) granting a. pension to Catharine Waters was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Catharine Waters, mother of Thomas Waters, 

deceased, late steward of the steamer Beneftt, at the rate of $12 per 

month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

NffiiUS CISSELL. 

The bill (H. R. 9026) granting a pension to Nirius Cissell was con- sidered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of Nirius Cissell, late of Company L, Fifth Regiment Missouri Cavalry. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

GRANT E. Q. LATHERMON. 

The bill (H. R. 9157) granting a pension to Grant E. Q. Lathermon was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Grant E. Q. Lathermon, dependent son of 

George Lathermon, late a. private in Company I, Fifty-second Regiment 

of Indiana Volunteers, at $12 per month. _The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

HARVEY COBURN. 

The bill (H. R. 5091) to restore the name of Harvey Coburn to the 

pension-roll was considered as in Committee of the Whole. It proposes 

to restore to the pension-roll the name of Harvey Coburn, late of Company K, SecondPennsylvaniaHeavy Artillery (One hundred and twelfth 

Regiment Pennsylvania Volunteers). 

The bill was reported to the Senate without amendment, ordet·cd to a third reading, read the third time, and passed. 

JOHN P. l\11DONALD. 

The bill (H. R. 8151) granting a pension to John P. McDonald was considered as in Committee of the Whole. It proposes to place on the 
-

-, 

1887. CONGRESSIONAL RECORD-SENATE. .1397 

pension-roll the name of John P. McDonald, late of Company E, Second Regiment Colorado Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

CLEMENTINE HARTINGER. 

The bill (H. R. 10025) p;rnnting a pension to Clementine Hartinger was considered as in Committee of the Whole. It proposes to restore 

the name of Clementine Hartinger, dependent mother of W. H. Peters, 

late of Company C, Twenty-fourth Regiment Iowa Volunteers, on the 

pension-roll. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

Wll.LIAM J. OWINGS. 

The bill (H. R. 4097) granting a pension to William J. Owings was considered as in Committee of the Whole. The preamble recites that 

in conformity with an act of Congress approved March 9, 1878, certificate No. 25639, for original-service pension, dated March 6, 1883, was 

issued to Henry Owings, a private in Captain James Dudley's company 

of Kentucky militia in the war of 1812; that Henry Owings died December 28, 1881, before the certificate was issued, leaving no estate 

. whatever, and no widow or child under sixteen years of age; that 

William J. Owings, of Randolph County, Missouri, a son of Henry 

Owings, had the entire care and support of his father for ten years immediately preceding his death, he being then very old and enfeebled 

by age, having died in his eighty-fourth year; and that under existing 

lawfl no money can be drawn on the pension certificate except an amount 

sufficient to pay the expenses of the last sickness and burial of the deceased pensioner, a. sum wholly inadequate to reimburse William J. 

Owings for his support of the deceased pensioner in his old age: 

Therefore, the bill directs the Commissioner of Pensions to pay to William J. Owings, of Randolph County, Missouri, the amount of pension 

which had accrued to Henry Owings, deceased, at the time of his death, 

December 28, 1881, by virtue of certificate No. 256391 for original-service pension, dated March 6, 1883. 

The bill was reported to the Senate without amendment, ordered to 

a. third reading, read the third time, and passed. 

The preamble was agreed to. 

MARY GRIMES. 

The bill (H. R. 9247) granting a pension to Mary Grimes was considered as in Committee of the Whole. It proposes to place on the 

pension-roll the name of 11-Iary Grimes, the mother of William Grimes, 

late a private in Company K, Twelfth Regiment New York Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

SALLY W. RICE. 

The bill (H. R. 8791) granting a pension to Sally W. Rice was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Sally W. Rice, dependent mother of Henry S. 

Rice, late of Comp~ny K, One hundred and forty-first New York Infantry Volunteers. 

The bill was reported to the Senate without amendment, ordered to 

a third reading, read the third ·time, and passed. 

PHll.A CLARK. 

The bill (H. R. 8847) for the relief of Phila Clark was considered as in Committee of the Whole. It proposes to place on the pension-roll 

the name of Phila Clark, dependent mother of Olin Clark, late of 

Company C, Eighth New York Heavy Artillery Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

MARGARET R. JONES. _ 

The bill (H. R. 10082) to increase the pension of Margaret R. Jones 

was considered as in Committee of the Whole. It proposes to in- crease the pension of Margaret R. Jones, widow of the late Col. James 

Hemphill Jones, of the United States Marine Corps, who died on the 

17th of April, 1880, from $30 to $40. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

llANNAH R. LANGDON. 

The bill (S. 3220) granting a pension to Hannah R. Langdon was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Hannah R. Langdon, widow of Henry H. Langdon, late an assistant surgeon in the Seventh Regiment Vermont Volunteers in the war of the rebellion, at the rate of $20 per month. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

ADAM L. EPLEY. 

The bill (S. 2248) for the relief of Adam L. Epley was considered as in Committee of the Whole. It proposes to dired the payment to Adam 

L. Epley, the son and only heir of John D. Epley, deceased, late a. private in Company F, One hundred and fifty-third Regiment Ohio Volnnteers, of the arrears of pension due or allowable at the time of his death, 

and heretofore authorized to be paid John D. Epley, now deceased, under 

pension-certificate No. 296437. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

SAMUEL SAWYER. 

The bill (H. R. 4028) granting a pension to Samuel Sawyer was con- sidered as in Committee of the Whole. It proposes to pla-ce on the 

pension-roll the name of Samuel Sawyer, late ot Company G, Thirtysixth Massachusetts Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

HENRY ROSCOE. 

The bill (H. R. 6523) granting a pension to Henry Roscoe was con- sidered as in Committee of the Whole. It proposes to increase the pension of Henry Roscoe, late first lieutenant of Company C, Fourth Regiment New York Volunteer Infantry, to $24-per month. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

ANTHONY l\11JWBERTSON • 

The bill (H. R. 7327) granting a pension to Anthony l\IcRobertson 

was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Anthony McRobertson, late a private in 

the Seventy-second Regiment of Missouri Enrolled Militia. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

MARY JANE MAGOON. 

The (bill H. R. 9862) granting a pension to Mary Jane Magoon was 

considered as in Committee ofthe Whole. It proposes to place on the 

pension-roll thename of Mary Jane Magoon, widow of Nathan Magoon, 

late a private in Company H, Seventh Regiment New Hampshire Volunteers. 

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. 

MRS. ARABELLA CODDINGTON. 

The bill (S. 2374) granting a pension to Mrs. Arabella Coddington, 

was considered as in Committee of the Whole. 

The Committee on Pensions reported an amendment, after the wofd 

"volunteers," in line 8, to insert " in lieu of the pension she now receives;" so as to make the bill read: 

Be it enacted. &c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll, at the rate of$25 per montb, the name of Mrs. Arabella Coddington, widow of E. H. Coddington, late captain of 

Company H, Forty-fifth Regiment of Iowa. Infantry Volunteers, in lieu of the 

pension she now receives. 

The amendment was agreed to. 

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

was concurred in. 

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. MARIA HUNTER. 

The bill (S. 3218) granting a pension to Maria Hunter was considered as in Committee of the Whole. It proposes to increase the pension of Maria Hunter, widow of David Hunter, late a major-general in 

the United States Army, to $50 per month, in lieu of that which she 

is now receiving. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

LAlJRA A. WRIGHT. 

The bill (S. 3260) granting a pension to Laura A. Wright was con- , sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Laura A. Wright, widow of Charles H. Wright, 

late of Company B, Fourteenth New Hampshire Regiment, in the late 

war of the rebellion. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed for a third reading, read the third time, and passed. 

JOHN W. REYNOLDS. 

The bill (S. 3146) granting a pension to John W. Reynolds was con- sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of John W. Reynolds, provost-marshal of the twelfth 

Ohio district during the late war of the rebellion. 

The bill was reported to the Senate without amendment, ordered to 

be engrossed tor a third reading, read the third time, and pas ed. 

1\lr. SAWYER subsequently said: In the last pension bill that passed 

this morning there was an error, oWlllg perhaps to the neglect of the 

committee. I move to reconsider the vote by which the bill (S. 3146) 

granting a pension to John W. Reynolds was passed, so as to adopt 

some amendments that were overlooked, -though they are in the report. 

The PRESIDENT pro tRmpore. The question is on the motion of 

the Senator from Wisconsin to reconsider the vote by which the bill 

referred to was passed. 

The motion was agreed to. 
CONG~ESSIONAL RECORD-SENATE. FEBRUARY 5, 

The PRESIDENT pro tempore. The vote ordering the bill to a third reading will also be reconsidered if there be no objection. The 

Chair hears none. The bill is now open to amendment. 

Mr. SAWYER. Now I move to amend the bill, in line 4, after 

"pension-roll," by striking out "subject to the provisions and limitations of the pension laws,'' and adding to the bill ''and pay him a pension at the rate of $50 per month.'' Let the bill be read as it will 

stand if amended. 

The Chief Clerk read as follows: 

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- thorized and directed to place on the pension-roll the name of John W. Reynolds, provost-marshal of the twelfth Ohio di trict during the late war of the re- bellion, and pay him a pension a.t the rate of S50 per month. 

The amendment was agreed to. 

The bill was· reported to the Senate as amended, and the amendment 

was concurred in. 

The bill was ordered to be engrossed for a third reading, read the 

third time, and passed. 

SAINT PAUL, J.\I.I.NNE.A.POLIS AND MANITOBA RAILWAY. 

The PRESIDENT pro tempore. The Indian appropriation bill will 

now be proceeded with. 

Mr. McMILLAN. I ask unanimous consent that the pending bill 

be laid aside informally and that the Senate take up and act upon Order 

of Business 1913, being the bill (H. R. 10056) granting to the Saint 

Paul, Minneapolis and l'tlanitoba Railway Company the right of way 

through the Indian reservations in Northern Montana and Northwestern 

Dakota. 

Mr. ALLISON. I shall not object to taking up that bill if it does 

not occupy much time. 

Mr. McMILLAN. It will not take time. It is reported from the 

Committee on Indian Affairs by the Senator from Massachusetts [Mr. 

DAWESl. 

Mr. VEST. The Senator from Minnesota, who is absent [Mr. S.A.BIN], 

spoke to me about some bill granting the right of way through an Indian reservation which he wished to look into. 

Mr. McMILLAN. My colleague thought at one time of offering a general amendment which would affect this bill, but upon examination of it he found that it had no application to this bill and he au- thorized me to ask that the bill be passed. 

Mr. VEST. I do not know anything about it. 

Mr. McMILLAN. There iB no difficulty on that score. Mr. VEST. I would rather the bill should go over, under the circumstances. 

Mr. McMILLAN. • My colleague spoke to me just before he went 

away, and the Senator from Massachusetts [Mr. DAWES] is aware of 

the same facts. This is a House bill. 

The PRESIDENT pro tempore. If objection iB made, the bill can not 

be taken up at this time. There is a pendingquestion before the Senate. 

Mr. VEST. I object. 

The PRESIDENT pro tempo1·e. The Senator from l'tfissouri objects. 

The Indian appropriation bill is regularly before the Senate. 

INDI.AN APPROPRIATION BILL. 

M·r. ALLISON. I ask now that the Senate proceed with the consideration of the Indian appropriation bill. 

The PRESIDENT pro tempore. The bill iB before the Senate. 

The Senate, as in Committee of the Whole, proceeded to consider the 

bill (H. R. 10394) making appropriations for the current and contingent 

expenses of the Indian Department, and for fulfilling treaty stipulations with the various Indian tribes, for the year ending June 30, 1888, 

and for other purposes. 

Mr. ALLISON. In the temporary absenceoftheSenatorfrom 1\Iassa.chusetts [Mr. DAWES], who has charge of the bill, I ask that the 

formal reading be dispensed with and that the amendments of the 

Committee onAppropriations be actedonas the rea~gofthe bill pro· 

gresses. 

The PRESIDENT pro tempore. If there be no objection that course will be taken. 

The Secretary proceeded to read the bill. The first amendment of 

the Committee on Appropriations wa-s, under the head of "Fulfilling 

treaties with Indian tribes," in the appropriations for the Apaches, 

Kiowas, and Comanches, in section 1, line 166, before the word ''hundred," to strike out "seven" and insert ":five;" and in the same line, 

after the word "thousand," to strike out "two hundred;" so ns to 

make the clause read: 

For pay of physician and two teachers, ~.500; in all, &!9,000. 

The amendment was agreed to. 

The next amendment was,·in the appropriations for the Poncas, in 

section 1, line 456, before the word ''thousand,'' to strike out'' seven'' 

and insert ".five;" so aB to make the clause read : For this amount, or so much thereof as may be necessary, to be used at the 

discretion of the President, to carry on the work of aiding and instructing the Poncas in the arts of civilizat.ion, with a. view to their self-support, for clothing, and for pay of employes, $5,000. 

The amendment was agreed to. 

The next amendment was, in section 1, line 459, to reduce the total 

amount of the appropriation for the Poncas from $28,000 to $26,000. 

The amendment was agreed to. 

The next· amendment wa.s, under the head of" ~fiscellaneous supports,'' in section 1, line 8'25, before the word ''thousand,'' to strike out 

"one hundred" and insert "ninety;" so as to make the clause read: 

Suppox:t of Indians at Fort Peck agency: For this amount, to be expended in 

such goods, provisions, and other useful articles a.s the President may, from 

time to time, determine, in instructin~ in agricultural and mechanical pursuits educating children, procuring medicme and medical attendance, care for and 

support of the aged, sick, and infirm, for the helpless orphans of said Indians, 

and in any respect to promote their civilization, comfort, and improvement, 

$90,000. 

The amendment was agreed to. 

Mr. DAWES. Before the amendment in line 850 is put I send up 

another amendment in place of it, which I ask may be read. 

The SECRETARY. It iB proposed to strike out the clause from line 

849 to line 853, inclusive, as follows: 

For support and civilization of the Navajo Indians, includlng pay of em• ployes, $25,000, t-o be taken from the funds now in the Treasury belonging to said Indians. 

And in lieu thereof to insert : 

For support and civilization of the Navajo Indians, including pay of em- ployes, $5,000. For expenses of constructing ditches and reservoirs for the Navajo Indlans1 $7,500, this sum to be taken from the sum now in the Treasury belonging to sa.ia 

Indians. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, line 856, before the 

word " thousand," to strike out " :fifteen " and insert " ten ; " and in 

the same line, after the word '' dollars,'' to strike out '' to be expended 

between the two bands in Washington and Idaho in proportion to the 

numbers of each;" so 88 to make the clause read: 

For the purchase of agricultural implements and support and civilization of 

Joseph's band of Nez Perces lndians, $10,000. 

The amendment was agreed to. 

The next amendment was, in section 1, line 866, to reduce the appro· 

priation "for support and civilization of Shoshone Indians in Wyo. 

ming" from $17,000 to $15,000. 

The amendment was agreed to. 

The next amendment was, under the head of " general incidental 

expenses of the Indian service," in section 1, line 912, before the word 

"thousand,'' to strike out ":five" and insert "four;" so as to make 

the clause read: 

Incidental expenses of Indian service in Montana: For general incidental ex- penses of the Indian service, including traveling expenses of agents,U,OOO. 

The amendment was agreed to. 

The next amendment was, in section 1, to strike out the following 

cla.use from line 948 to 953, inclusive: 

No money hereby appropriated for the payment of agency farmers shall be 

expended for the payment of any agency farmer hereafter appointed who shall 

not, at the time of such appointment, have been for at least five years in all pre• vious thereto practica.lly engaged in the occupation of farming. 

The amendment was agreed to. 

The next amendment wa81 under the head of "miscellaneous," in 

section 1, line 963, after the word "best," to insert "and shall make 

annually a detailed report thereof to Congress; 11 so 88 to make the 

clause read: 

That the Secretary of the Interior is hereby aut.horized to use the money which 

has been or may hereafter be covered into the Treasury under tbe provisions 

of the act approved March 3, 1883, and which is carried on the books of that De· pa.rtment under the caption of "Indian moneys, proceeds of labor," for the 

benefit of the several tribes on whose account said money was covered in, in 

such way and for such purposes as in his discretion he may think best, and shall 

make annually a. detailed report thereof to Congress. 

The amendment was agreed to. 

The next amendment was, in section 1, line 970, after the word ''dol· 

lars," to insert "and no person shall be employed aB such farmer who 

has not been for at least :five years previous to such emplQyment practically engaged in the occupation of farming;" so as to make the clause 

read: 

To enable the Secretary of the Interior to employ practical farmers, in add!· 

tion to the agency farmers now employed, a.t wages not exceeding S75 each per month, to superintend and direct farming among such Indians as are making effort for self-support,$!Q,OOO; and no person shall be employed as such farmer 

who has not been for at least five years previous to such employment practically 

engaged in the occupation of fa.rming. 

The amendment was agreed to. 

The next amendment was, in section 1, line 1018, to reduce the appropriation "for survey and subdivision of Indian reservations and of 

lands to be allotted to Indians, and to make allotments in severalty, 

to be expended by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior," from $25,000 to $20,000. 

The amendment was agreed to. 

The next amendment was, in section 1, line 1039, alter the word 

''dollars,'' to strike out '' and any unexpended balance for the fiscal 

year 1887 shall remain available for the ensuing year; " so as to make 

the clause read: ·For support of Indiau day and industrial schools, and for other educational 

purposes not hereinafter provided for, $650,000; for the construction and repair 
1887. CONGRESSIONAL RECORD-SENATE. 1399 

of school buildings, ~5,000; and for purchase of horses, cat4le and sheep, goats, 

and swine for schools, lO,OOO; in all, $715,000. 

The amendment was agreed to. 

The next amendment was, in section 1, after line 1088, to insert: For the purchase of additional land for farming purposes for the Carlisle industrial school, being the "Parker farm," so-called, conta..ining about l09 acres, llS,OOO. 

The amendment was agreed to. 

The reading of the bill was continued to line 1097. ' 

Mr. DAWES. I offer the following amendment to come in after line 

1097: 

And the Secretary of the Interior is authorized to purchase for the use of the 

Indian training school near Salem, Oreg., a. tract of land containing 84.92 acres adjoining the farm of said Indian training school, at a sum not exceeding Sl,500, 

payment to be made in labor to be performed by the Indian pupils attending ' 

said school. 

The amendment was agreed to. 

The reading of the bill was resumed. The next amendment of the 

Committee on Appropriations was, in section 1, after line 1101, to insert: · · 

For the erection of shops and hospital building for the Indian industrial 

school at Genoa, Nebr., $6,000. 

The amendment was agreed to. 

The reading of the bill was concluded. 

The bill wa.s reported to the. Senate as amended, and the amendments were concurred in. 

The amendments were ordered to be engrossed and the bill to be 

read a third time. 

The bill was read the third time, and passed. 

ORDER OF BUSI::n:SS. 

1\Ir. DAWES. Mr. President--

The PRESIDENT pro tempore. It is the duty of the Chair, the 

hour of 2 o'clock having arrived, to lay before the Senate the first 

speCihl. order, being the bill (S. 2'288) to incorporate the Atlantic and 

Pacific Ship-Railway Company, and for other pnrposes. 

Mr. DAWES. I was going to ask the consent of the Senate to take 

up one or two bills to authorize the construction of railroads through 

Indian reservations and to pass them at this t·ime. It is quite important to do so. 

Mr. MITCHELL, ofOregon. I hope that motion will prevail. 

Mr. DAWES. Some of these bills have passed the other branch and 

work is stopped on the roads because of the want of consent to cross these reservations. 

Mr. VEST. I hope that will not be done, but that the Senate will 

proceed with the special order. It has been here now for some time. 

I have waited very patiently and have had this bill thrust aside. 

Mr. DA. WES. What is it? 

1\ir. VEST. It is the Atlantic and Pacific ship-railway bill. I want 

the bill taken up and disposed of. 

The PRESIDENT pro tempore. The special order is before the Se:z:tate. Did the Senator from Massachusetts make a motion ? 

ML D.A WES. I withdraw it for the purpose suggested by the Senator from Missouri. 

l'ri:r. MORRILL. I desire to have the attention of the Senate for a 

few moments to an important bill reported unanimously by the Committee on Finance, and which I think will excite no discussion, and I 

hope to pass it in a very few minutes. I move that Senate bill 3114 

be taken up for present consideration. · 

The PRESIDENT pro tempore. The Senator from Vermont asks 

that the pending bill be informally laid aside with a view to proceed 

to the consideration of the bill named by him. 

Mr. VEST. I hope not. 

Mr. MORRILL. It is the Freedman's Bank bill, and wiU not take 

long. 

l\1r. VEST. That will elicit discussion. I do not know any bill on the Calendar calculated to do so much good as the bill which is the 

special order. As far as I am concerned, I can not vote to take up now the bill of the Senator from Vermont, because it will lead to discussion. 

1\fr. MORRILL. Oh, no. The PRESIDENT pro tempore. The Chair will submit the question 

to the Senate. The Senator from Vermont moves to proceed to the 

consideration of the bill (S. 3114) to reimbnrse the depositors of the 

Freedman's Savings and Trust Company for losses incurred by the 

failure of said company. The question is on that motion. [Putting 

the question.] The noes appear to have it. 

Mr. MORRILL. I ask for a division. 

The PRESIDENT pro tempore. A division is called for. 

Mr. MORRILL. I will say that I do not think there will be any 

discussion in relation to this matter. I shall make a brief statement 

of the facts which are involved and nothing more. The bill has been 

carefully considered by the Treasury Department and by the Committee on Finance, and we have got it in as perfect a form as we know how. 

I do not think it will occupy very much time. 

Mr. DAWES. I hope this will not be done. I gave way with matters which I thought were of as much importance as that bill, because 

the Senator from Missouri appealed to me, as I think he appealed to 

the Senator from Vermont after that. 

1\fr. VEST. I do not yield. 

The PRESIDENT pro tempore. The question is on the motion of 

the Senator from Vermont, upon which a division bas been asked for. 

The question being put, the ayes were 6. 

The PRESIDENT pro tempo1·e. There is not a sufficient number up. 

The special order is before the Senate. It will be read at length. 

PERSONAL EXPLANATION. 

Mr. McPHERSON. Before considering that matter I ask the Senator from :Missouri to permit me to make a personal explanation. 

The PRESIDENT pro tempore. The Senator from New Jersey rises 

to a personal explanation. 

Mr. McPHERSON. Several Senators have called my attention this 

morning to an article in the New York World, in which it appears I am supposed to be quoted as making some statement touching a brother 

Senator. Were it not for the fact that seYeral Senators have called my 

attention to it I would not rise now to make any explanation or any 

statement concerning it; but I think by a careful reading ?f the article 

in question it will be found that I am not quoted as making any such 

a statement as Senators believe that I am. I will read the article. 

Senator McPHERSOY, of New Jersey, said this afternoon: •• This is a very great 

triumph for The World." 

This appears in quotation marks, as will be observed by a careful 

reading of the article. 

"This is a very great triumph for The World. Its revelations have produced this action to-day. It was very clear to my mind that as soon as Congress com- prehended the tTne nature of the exposures made by TheW orld that very vigor- ous steps would be taken to bring these Pacific milroads to book." _ 

This statement I did make, and I stand by it and emphasize it now. That appears in quotation marks in the publication in The World. It 

goes on to say, however, as follows, which is not in quotation marks, 

and does not quote me as having said it: 

It is believed the investigation will lead to such disclosures that Senator STAB• FORD will be willing to resign his seat in the Senate. He will have to explain his share of the 12 000,000 of illegal expenditures. If it can be shown that he is 

responsible for the 'disbursement of any of the lobby money since his election as Senator, he can be proceeded against for expulsion. 

It will be noticed that the World does not charge or credit me with 

having made any such statement whatever, it not appearing in quotation 

marks as a statement made by me. The high character of the corre- spondent of the World forbids that he should quote me or any Senator, I 

believe, as making statements he did not make. Further than that the 

pleasant relations I have always had with the Senatoi from Ca~omia 

forbid that I should make any statement of the character mentioned 

here, either upon the floor of the Senate or elsewhere, about matters of 

which I have no knowledge whatever. 

Hence, I make this explanation that there may be no longer any misapprehension touching the :subject, fo.r the New York World does not 

quote me as having made any such statement, as a careful reading of 

the article will show. I make this explanation because the article in 

the "World" has been misapprehended by several Senato.ra who have 

called my attention to it this mornin~. 

WTI..LIAM KNIGHT AND OTHERS. • 

Mr. ALDRICH. I am directed by the Committee on Pensions, to 

whom was referred the bill (S. 1986) granting a pension to William 

Knight, to report it with an amendment. This is a bill which should 

have been reported a few days ago and considered this morning with 

the other pension bills. I ask.that it be taken up now. The PRESIDENT pro tempore. By unanimous consent the bill may 

be considered now. There being no objection, the bill (S. 1986) graliting a pension to 

William Knight wa.s considered as in Committee of the Whole. 

The amendment of the Committee on Pensions was to insert, at the 

end of the bill, "and Jacob Parrott, William Reddick, and John Whollam, late of the Thirty-third Ohio Volunteer Infantry;" so as to make 

the bill read: 

Be it enacted, &c., That the Secretary of the Interior be, and he is hereby, au- thorized and direct~d to place on the pension-roll, subject to the provisionsand limitations of the act approved .July 7, 1884, entitled "An act granting pensions to Wilson W. Brown and others," the name of William Knight, late of Company E. Twenty-first Ohio Volunteer Infantry, and .Jacob Parrott, William Reddick, 

and .John Wholl.am.late of the Thirty-third Ohio Volunteer Infantry. 

The amendment was agreed to. 

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

The bill was ordered to be engrossed for a third reading1 read the 

third time, and passed. .. 

The title was amended so as to read: "A bill granting pensions to 

William Knight, Jacob Parrott, William Reddick, and John Whollam." 

A.l\I.ENDMENT TO A BILL. 

:Mr. GEORGE, from the Committee on Agriculture and Forestry, 

reported an amendment intended to be proposed to the Agricultural 

appropriation bill; which was referred to the Committ-ee on Appro!)riations, and ordered to be printed. 
1400 CONGRESSIONAL REOORD-SENATE. FEBRUARY 5; 

.ATLANTIC .AND P.ACIFC SIDP-R.AILW.AY. 

The Senate, as in Committee of the Whole, proceeded to consider 

the bill (S. 2288) to incorporate the Atlantic and Pacific Ship-railway 

Company, and for other purposes. 

:Mr. VEST. I ask that the reading of the original bill be dispensed 

with and that the amendment be rea.d. 

The PRESIDENT pro tempore. The amendment proposed, in the1 

nature of a substitute, will be read. 

The Chief Clerk read as follows: 

Whereas the Gove.rnment of Mexico has granted unto James B. Eads, or to such company as he may organize, a concession containing certain powers, rights, and privileges in the matter of the construction and operation of a ship-railway across the Isthmus of Tehuantepec, with an accessory railway, lines of telegraph, and water approaches, and has authorized said Eads to ob- tain a charter for said company either in l\Iexico or elsewhere: 'i'herefore, Be it enacted by the Se-nate and House of Representatives of the United Sta..tes of America in Congress asse"mbled, That for the purpose of constructing and oper- ating said ship-railway and its a.ccessories hereinbefore recited, and for the full enjoyment of all ·the rights, privileges, and concessions contained in the hereinbefore-recited grant, and such others as may be hereafter secured from the Government of Mexico, said James B. Eads, of New York; William 'Vin- dom, of Minnesota; William Thaw, of Pittsburgh, Pa.; Charles Lockhart·, of Pittsburgh, Pa.; James .Andrews, of .Allegheny, Pa.; John Paton, of New York; Charles J. Clarke, of Pittsburgh, Pa.; 'William Roseburg, of Pittsburgh, Pa.; 

George Westinghouse,of Pittsburgh,Pa.; J. H. Oglesby,of New Orleans, La.; John .A. Morris, of New York ; E. L. Corthell, of New York; John B. McDonald, 

ofBaltimore,Md.; P. S. Ross,ofJerseyCity, N.J.; C.J.Ryan,ofNewYork; James Richardson, of Saint Louis, 1\fo.; John Jackson, of Saint Louis, Mo.; I. 

H . Stauffer, of New Orleans, LA..; W. B.-Schmidt, of New Orleans, I.-a.; A. Zeigler, of New Orleans, La.; James Lope, of Saint Louis, Mo.; J. G. Chapman, of Saint Louis, :Mo.; A. G. Cochran, of Saint Louis, Mo.; Thomas E. Tutt,of Saint Louis,l\fo.L_ John P. Keiser, of Saint Louis, Mo.; Julius S. Walsh, of Saint Louis, 

1\!o.; G.T.J::Seauregard,of New Orlean!'tLa.; Joseph L.Harris,of New Orleans, 

La.; John Poitevent, of Pearlington, Miss.; Lewis Johnson, of New Orleans, 

La.; S. P. Blanc, of New Orleans. La.; Henry D. Bruns, of New Orleans, La.; E. A. Mexia, of Mexia, Tex.; .Alfred Moulton, of New Orleans, La.; J. S. Brown, of Pittsburgh, Pa.; Rittenhouse Moore, of Mobile, Ala.; D. 0. Barr. of Pittsburgh, 

Pa.; George H. Christy, of Pittsburgh, Pa.; A. H. Childs, of Pittsburgh, P>1.; John A. Caughey, of Pittsburgh, Pa.; A. Gibbins,_ of New York; John A. Ubs- dell, of Port Eads, La.; B. D. Wood, of New Orleans, La.; John A. Wood, of Pittsburgh, Pa.; John A. Harper, of Pittsbur~h, Pa.; George I. Whitney, of Pitts- burgh, Pa.; Martin Van Brocklin, of Oneida., N. Y.; J. W. Warren, of Springfield, Mass.; John Bradley, of New Orleans, La.; 'Villiam G. Park, of Pittsburgh, 

Pa.; Charles L. Caldwell, of Pittsburgh, Pa.; Thomas C. Clark, of New York; 

C.L.C.Dupuy,of New Orleans,La.; Frank Kennedy, of New Orleans, La.; G. B. Lawrason, of New Orleans, La.; Joseph P. Horner, of New Orleans, La.; James McConnell,of New Orleans, La.; John Irwin, jr.,of Pittsburgh, Pa.; J. S.McCord, of Pittsburgh, Pa.; William M. Lyon, of Pittsburgh, Pa.; Jesse H. 

Lippincott, of Pittsburgh, Pa.; Charles E. Donnelly, of Pittsburgh, Pa.; Gilbert T. Rafferty, of Piltsburgh, Pa.; Paul Dunlevy, of Pittsburgh, Pa.; Philip Dono- hue, of New York; John Johnson, of New Orleans, La.; George P. McBride, of Pittsburgh, Pa.; 0. M. Edwards, of Pittsburgh, Pa.; Charles E. Speer, of Pittsburgh, Pa.; Frank Semple, of Pittsburgh, Pa.; Albert. B. Miles, of New Orleans, La.; Frank S. Stevens, of .Athens, Pa.; S. F. Andrews, of Allegheny, 

Pa.; D. Leet Wilson, of Pittsburgh, Pa.; D. S. Wilson, of Pittsburgh, Pa.; R. M. Van .Arsdale, of New York; John R. Fell, of New Orleans, La.; Charles E. Fenner, of New Orleans, La.; E. B. Kruttschnitt, of New Orleans1 La.; E. II. 

Farrar, of New Orleans, La., with such others as may be associatea, ana their successors, are hereby created a body corporate and politic in deed and in law under and by the name, style, and tiUe of "The Atlantic and Pacific Ship-Rail- way Company," and by that name shall have perpetual succession, and shall be able to sue and be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States of .America, and shall gen- erally have and possess all tbe rights, privileges, and powers usually possessed 

by similar companies, and may do all lawful things necessary to carry into effect the purposes of this act-, and secure the full enjoyment of the powers, privileges, rights, and concessions contained in the grant hereinbefore recited, and any supplementary grant; and said company is hereby authorized and em- powered to make and have n. common seal, to acquire, hold, transfer, or other- wise' dispose of property, real and personal, to issue capital stock and bonds in such amount, which shall not, however, exceed in the aggregate '100,000.000, and tQ elect such officers, employ such agents and attorneys, establish such offices in such place or places, and impose and collect such tolls, races, and charges as to it, said company, may seem necessary and proper; and said company is hereby authorized and empowered to make such by-Jaws, rules, and regulations as it may deem necessary and proper relating to the management of the affairs of the company; the issue and sale of its stock and bonds; the acquisition and dis- posal of its property, estate, and effects; the imposition and collection of its tolls, rat-es, and charges; the declaration of dividends on its capital stock; the number and character of its officers, t.heir duties and terms of office; the safety and control of vessels in transit or in the docks, harbors, or works of the com- pany; and relating to all other matters not inconsistent with this act, and con- nected with the business of said company or involved in carrying out the pur- poses for which said company i.s created. SEc. 2. That said corporation shall exist and continue during the period of ninety-nine years from the date of the passage of this act. SEc. 3. That all acts or parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed, so far as they affect the corporation hereby created. · . 

Mr. MORRILL. I desire to ask the Senator from Missouri, as this 

company seems to be authorized to issue a very large amount of capital stock and bonds, whether or not there is any provision in the proposed charter that there shall be any actual capital paid in? Can they 

issue all, or nearly the whole, of this amount in bonds, making it a rather doubtful speculation? It strikes me that there ought to be a 

certain amount of capital actually paid in before they are authorized 

to issue a very large amount of bonds. The public is liable to be 

swindled. 

Mr. VEST. I have no sort of objection to a provision being put in 

the bill requiring that a certain amount of the capital stock shall be 

paid in, and I have drawn up an amendment of that sort which I think 

will meet the views of the Senator from Vermont. · 

That_ if stock to the amount of $10,000,000 shall not be subscribed, and 10 per cent. thereof actually paid in before the expiration of two years next after the passage of this act, or if the work of constructing said railway shall not be actually commenced before and be in progress o.t the expiration of four years 

next after the passage of this act, the said corporation shall be deemed to have expired by limitation, and all its franchises and privileges shall be deemed to have absolutely cea.sed and become determined. 

:Mr. :MORRILL. But that would be a very feeble limitation, merely 

providing that 10 per cent. should be paid in on $10,000,000, which 

would be $1,000,000; and then the company could issue $99,000,000 

in bonds. I do not think such a corporation ought to be chartered 

by the Congress of the United States. I think there ought to be at 

least an equal amount of capital paid up to the sum of ten millions before such a charter as that is granted. It would be nry easy for any 

band of speculators if they could get hold of this charter to pay in a 

million dollars, and then issue bonds for three or four times the amountl 

and recoup the amount they had paid out. 

Mr. PLUMB. It would be a question who would buy the bonds. I 

have not read the terme of the charter and ca1·e nothing about it ex- cept that some very eminent men in this country are desiring it for the 

purpose of building a railroad, not on American soil but on :Mexican 

soil. I am willing to give them, as far as my vote goes, whatever inducement can be given by way of chartered privi~eges to enable them 

to get together th,e moeyn to build this railroad and to try this experimentaboutwhichsomuch has been said. I havehadmydoubtsabout 

its being practiGable, doubts which, I confess, when I ha>e talked with 

:Mr. Eads he has resolved, but the moment I got away from him they 

would come back again. Still, it is a very interesting question. It is 

a new field of investment and one in which Congress is only asked to 

give a charter. I think that the wise people or the unwise people, as the case may be, with whose money this railroad is to be bhilt if built 

at all, may be relied on to protect themselves. They are not going to 

buy bonds because somebody has had them lithographed and signed. • 

They will inquire what is back of them. 

It is very likely to happen that whoever puts in a million dollars 

will take it out, as I am entirely willingbeshould take it out,, in bonds; 

but do not give the company any authority to levy any exorbitant 

toll on the commerce of the country which will pass over the railroad. 

That is where the public may need protection. 

Mr. :MORRILL. I do not oppose the idea of having this railroad 

charter granted, and I fully accord with the Senator from Kansas that 

I have no objection to the company issuing bonds of equal amount with 

the amount of capital paid in. I would even be more liberal than that. 

But I do think that there ought to be more capital than the one-hundredth part of the sum allowed actually paid in before they are authorized to issue $99,000,000 of bonds. 

Mr. DOLPH. I should like to have the amendment offered by the 

Senator from Missouri (.M:r. VEST] read. 

The PRESIDENT pro tempore. Will the Senator from :Missou1·i send 

his amendment to the desk? 

Mr. VEST. Yes, sir. 

The PRESIDENT pro tempm·c. The proposed amend~ent will be 

r€.ad. 

The Chief Clerk read as follows: 

SEc.-. That if stock to the amount of SlO,OOO,OOO shall not be subscribed, and 10 per cent. thereof actually paid in, before the expiration of two years next after the passage of this act, or if the work of constructing said railway shall not be actually commenced before and be in progress at the expiration of four years next after the passage of this act, the said corporation shall be deemed t<1 have expired by limitation, and aU its franchises and privileges shall be deemed to have absolutely ceased and become determined. 

Mr. DOLPH. I do not desire t<1 antagonize the bill, but I call the attention of the Senator from 1\:t:issouri to what seem to me rather loose 

pro>isions in this bill in re11:ard to the issuing of stock and bonds. 

It the Senator will refer to the printed copy of the proposed substitute 

tor the bill, at the top of page 5, he will find that among the powers 

granted to the corporation areTo issue capital stock and bonds in such amount, which shall not, however, exceed in the aggregate $100,000,000. · 

Then, further down, in line 89-

To make such by-laws, rules, and regulations as it may deem necessary aml proper relating to the management of the affairs of t.he company; the issue and sale of its stock and bonds. 

There is nothing in the bill itself requiring that books shall be opened 

and that stock shall only be issued on subscriptions to the capital. I 

would suggest that to this amendment the Senator had better add, "no 

stock shall be issued except upon subscription for the stock on the 

books of the company," or something of that kind, to show that the 

stock is not to be peddled out as the company may be disposed to use it, 

without reference to any amount paid for it, but that it should be regularly subscribed for. . · The PRESIDENT pro tempore. The question is on the amendment 

of the Senator from Missouri [Mr. VEST] to the amendment. 

Mr. VEST. In regard to what is said by the Senator from Vermont, 

it seems to me that these provisions secure the issue of stock. The provision of the amendment I have offered is that $10,0CO,OOO shall be sub- scribed out of a. possible capital stock of $100,000,000, and upon that 

$10,000,000 one-tenth, or $1,000,000, shall be paid in money. As the 

Senator from Kansas [Mr. PLUMB] bas stated, it is not supposed any· 

body will invest in this stock without looking into the details of the 

enterprise, and if he invests money he will see that it is sooure. 
1887. CONGRESSIONAL RECORD-SENATE. 1401 

The names of the gentlemen who are incorporators in this company 

are of themselves a sufficient guaranty that this is no wild-goose chase, no project for the purpose of seducing or inducing the unwary to put 

their money into this enterprise. These men represent a capital of 

from fifty to one hundred million dolJ;trs. One of them alone is worth 

more than $40,000,000, one of the largest ship-builders in the United 

States. Four hundred thousand dollars has already been expended 

upon this enterprise in actual money for the purpose of preventing the 

concession made by Mexico from terminating by reason of the enterprise not having been commenced within a certain time. There are 

$400,000 already expended and $10,000,000 to be subscribed, and one million of that is to be paid in. This is an absolute guaranty. Nothing 

is asked of the Government, not one dollar, no guaranty, nothing but 

a naked incorporation. If Captain Eads can persuade investors to put 

their money into this enterprise it is a matter between him and them. 

The Government in no sort of way is liable. 

Jtlr. DOLPH. I admit that, but that is not the proposition I am driving at. 

The incorporation of this company is something valuable in itself, a company wh.J_ch is to transact its entire business outside of the boundaries of the 'United States, but which is a corporation created by the 

Congress of the United States, and which may sue and be sued and be 

impleaded in the courts of the United States. 

It is usual in acts of incorporation to provide that the incorporators 

or others named shall open stock books for the purpose of receiving 

subscriptions to the capital stock. That is not done in this case. The 

omiSsion may be intentional or it may be unintentional. 

The amendment of the Senator from ML~ouri would require that 

$10,000,000 of the stock, that is one-tenth of the stock, should be subscribed, and that $1,000,000, or one-tenth of that subscription to the 

capital stock of_the company, should be paid in within a certain time, or the charter should be forfeited. I have no objection to that. Undoubtedly his amendment would require the subscription of one-tenth 

the capital stock; but what is to be done with the other$90,000,000 of 

eapital stock is the question I have in view? They may issue stock and 

bonds amounting in the aggregate to$100,000,000. What is to be done 

with the balance of the capital stock and bonds amounting to $90,000,-

000? The bonds may be sold and distributed as they please; for all 

that is contained in this bill, they may take whatever they can get for 

them; they may barter them away as they please, so that they secure the construction of the road. But ought the stock to be held in the 

company's treasury and to be disposed of in the same manner or ought a subscription to the capital stock to be required so that some liability 

is secured on the part of the stockholder to the company when the stock 

is issued? 

If that is the intention of the bill and it is so understood I am con- tent; bt;~.t if it is the intention of the bill and the understanding of 

the Senate that this stock is to be subscribed, and that the people 

who subscribe it are to bear the usual relation of stockholders to the 

corporation, it seems to me it ought to be provided that the stock shall 

be subscribed, and then a contract is made between the stockholders 

and the company. There is nothing that I see in this bill as now 

drawn, even with the amendment of the Senator from Missouri, to prevent all the capital stock except $10,000,000 being sold for 10 per 

cent. on the dollar, or 5 per cent. 

The PRESIDING OFFICER (Mr. WILSON, of Iowa, in the chair). 

The question is on the amendment to the amendment proposed by the 

Senator from Missouri. 

Mr. MORGAN. The suggestion of the Senator from Oregon is, I 

think, important. There is so far no provision in this bill which would 

exempt the United States Government from liability some day or other 

upon this act of incorporation on bonds that might hereafter be issued 

by this company. There ought to be in this bill an express provision 

that the United States Government shall not be bound in any way fox! 

any bonds or stock or any other transaction of this or any other com- pany that may be authorized to build a railway or canal across the 

Central American States. 

When the Government of the United States authorizes an issue of 

bonds that is a very high. sanction to this company and gives it very 

great credit with all the people of the world in the sale of its bonds, 

and it will be understood that we would not do that unless we had perfect confidence in the ability of the company to meet its obligations 

and perfect confidence in the validity of the bonds and in the manner 

of their distribution, and the hands into which they should go. I do 

not wish any act of this kind to be passed here that would open us in 

any sense to subsequent reclamations or to complaints on the part of 

any person whatsoever. 

This bill is not at all guarded in that particular. I think the Senator from Missouri ought to put in a stipulation to the effect suggested 

by the Senator from Oregon, and I hope the Senator from Oregon will 

prepare an amendment to cover his suggestion to this bill on that 

su~ject. There ought to be also another provision here that no part 

of the capital stock paid in shall be at any time withdrawn and re- turned to the stockholders or in any manner diverted from the proper use.~ of the incorporation. And there ought to be a provision that 

every person who violates this provision of the act shall be held guilty 

of a misdemeanor, and on conviction thereofpunished by afine, whatever the Senate may think proper to impose, and by imprisonment if 

that should be deemed necessary. 

In organizing these great corporations, which must control the com- merce of this country very largely, especially between the Atlantic and 

the Pacific, and which are throwing upon the markets of the world an ·enormous mass of credit, we can not be too particular to see that what 

privileges we grant to them are gua'rded in such a way as that there 

will be no fraud perpetrated upon anybody; that there will be no opportunity for it. 

The Senator from Missouri"refers to the character of the gentlemen 

who are the incorporators. That certainly is very high, and as far as that can go it furnishes a guaranty; but it is our business, I think, to 

furnish the guaranty in the body of the statute to the stockholders and to 

all persons interested in this corporation, so that there will be no abuse of 

its privileges under any circumstances. . I do not know whether the Senator from Oregon intends to formulate his amendment or not. The 

bill having been called up j nst a moment ago, during my absence from 

the Chamber, I have not myself undertaken to prepare the amendment 

he suggests; but I hope that the Senator from Missouri Will put it in. 

I think it would strengthen his bill. Indeed, it would be an advantage to this corporation in its creditwith the world if it were seen that 

Congress is putting in this bill such checks and restrictions upon the use of the power to issue bonds, and also upon the power to issue certificates of capital stock. That would give the world confidence in it. 

Now,, Mr. President, while I am on my feet I desire to say a few 

words about this and about other transits across the Isthmus of Darien or across the Central American States and Mexico. I conceive that 

there can be nothing.more important to the people of the United States 

than enterprises of this character. In fact, in the light of present civilization a,nd in the perfection of engineering and in the accumulations -

of capital at various centers in this and in other countries, I can not 

understand how we can be at all reluctant in g6ing, as far aa we are 

permitted to go, into the construction of a ship transit across this isthmus. The amount of money that the corporations and those who are en- gaged in this work may make is a matter of inconsiderable importance; 

and yet if we take the history of the Suez Canal we find that that amount 

of money is going to be extremely large, and that year by year after 

this transit is opened through Central America the profits from ships 

passing through will increase continually, and that of itself would be 

an important consideration in favor of ~ving to Americans an opportunity of owning and controling this vast and valuable property. But 

no matter what may occur in that direction, no matter bow much increased or enlarged the value ofthis franchise may be in time to come, 

it can bear no comparison with the necessity which rests upon ~his coun- try of increasing its commercial facilities on the Pacific Ocean and the 

advantages that must result from that bein~ done. 

The remoteness of our coast from Southern California to Alaska 

from the eastern shores of the United States, in consequence of the intervening continent, is so great that whether we look at it in a military or commercial view we must see that we at this time are laboring 

under a disadvantage which it should cause us the greatest possible 

effort and care to overcome. I know that those are to he found-and 

I expect the world will class me -in that company-who would },lave some doubt or some difficulty of a constitutional character in respect t~ doing work of this kind through the agencies of corporations that we may create ourselves. It might be said that there was no governmental purpose these corporations, we are creating here, were to 

perform, and that there was no warrant in the Constitution of the 

United States, of any express character, or one to be very clearly implied, giving us authority, as a Congress, toempowerthese corporations 

to go beyond our own limits and make arrangements under conces- sions from foreign governments; there to exercise within their borders 

the powers which we confer upon them, and at the same time that we should keep a certain degree of control over these corporations, 

so as to hold them amenable to our law, and the officers and .agents 

thereof amenable even to our criminal law, for the protection of all 

concerned, and especially for the protection of the Government of the 

United States. 

I desire to remark upon that branch of the subject, Mr.-·President, 

that while I am a strict constructionist of the Constitution of the 

United States, and would confine the powers of Congress to those subjects expressed in the body of that instrument or necessarily implied 

as being a part of the powers granted, I view all of these restrictions 

placed in the Constitution of the United States as guarantees in favor 

of American citizens either individually or in their collective capacity 

as States. . The object of the framers of the Constitution, in this particular, was to place American citizenship upon such a firm foundation of right and 

so thoroughly guaranteed in the instrument itself as that we should 

enjoy here the ancient liberties which had come down to us from our fathers without interruption by our own Government. -The restraints 

found in the body of the instrument apply to citizens of the United 

States. The rights and privileges, very high privileges, which are granted to citizens of the United States, and guaranteed to them under 
1402 CONGRESSIONAL RECORD-SENATE. FEBRUARY 5, 

the Constitution of the United States, are such 88 are given to no other 

people in the world. We do not give them to foreign countries or to 

foreign people. We expressly provide them for our own people and 

for their posterity. · Now, the Government of the United States being thuS guarded and 

restricted in the exercise of its legislative powem in respect of the citi- zens and of the States, the next question arises what is this Govemment in its attitude to others and· its relations with the other powers 

of the earth. We find no abridgment of the dignity, or of the power, or of the sovereignty, or of the supremacy of the United States 88 a Government when we come to compare itspowersandit.sfacilitieswith 

those of other nations with whom it must have international inter- course. No such restraint was ever intended to be imposed upon the 

Government of the United States, and when you take it as a. unit in 

the character in which it operates in connection with the governments 

of foreign countries, the Government of the United States has as many 

inherent and essential powers as any government in the world. The 

Government of Russia, because of its autocratic form of adminiitration 

and succession, and because it is not under the control or restraint of a parliament elected by the people, is supposed to be of all the nations 

of the earth the most powerful in its autonomy, the most powerful in 

respect of its organization. Nevertheless that government has no more power in the fa.milyofnations than this Republic, or this democracy, or whatever you please to call it. 

The Government of the United States has not yielded to other nations 

of the earth any part of its powers. It has yielded some ofitspowers 

to the people of this country, and to the States of this country, but 

only to them. So when we come to look abroad beyond our own borders and consider what we may do in connection with or in respect of 

foreign countries, the Government of the United States is as unre- strained and as unrestricted as. any other government in the world. 

An ancient traditional policy has come down to us which we have 

always respected to a-certain degree, that we would not intermeddle 

with the aftairs of foreign countries. That is very correct, and yet there 

is nothing in the Constitution of the United States to prohibit us from 

doing it, or to restrain us if we saw proper to do it. We have interfered more or less with the affairs of foreign countries. 

Another tradition has come down to us, that we are not to be a colonizing country, that we are not to have outlying territory beyond our own borders and beyond the seas that we can hring beneath the con- trol of our flag and under our own Government. That is a mere traditional policy, and I do not conceive that we followed it in a very great 

degree, but literally and practically did we violate it when we bought 

Alaska from Russia, for there are some five or six hundred miles of land 

inten-ening between the northern border of Washington Territory and 

the southern border of Alaska. We have recently given to .Alaska a form 

of civil government. It is now a Territory of the United Stat.es. How 

did we manag~ to do that if we have not overstepped the ancient line 

of policy which seemed to confine us to operations entirely within our own borders, as they have been enlarged from time to time by purchases 

and also by conquests? 

So we see that the Government of the United States, upon all the 

precedents that we have seen proper to establish, has conceded to it, I 

believe by men of all parties and by statesmen of all the decades we have passed through, authority to deal with foreign powers upon the same broad principles and in the same broad way that any other government can, without restraint or restriction; and it is only left to us to determine in this generation whether the matters which are presented to us about which we are to deal and in which foreign governments are concerned, are matters which commend themselves to the 

wisdom of the American people. That is the only question that is 

open. 

Now, that is precisely the attitude which we occupy toward the question of a water transit or a railway transit for ships from the Carribean 

Sea out into the Pacific Ocean, across the Central American States, at 

any point to which we may get the right to go. It is purely a question 

of policy, and nothing else. The question of power is not concerned 

in it. 

I believe that it would have been wisdom in us, years and years ago, 

to have established by treaty such relations wjth some of the Central 

American States as that we should have had the right as a people, as a nation, to have carried our ships, by canal or otherwise, the best mode 

of conveyance we could find, across from ocean to ocean. If a policy 

of that kind could have been adopted twenty or thirty or fifty years 

ago, if the Government of the United States could have been thoroughly 

committed to that policy, we would have found ourselves within the 

last thirty years in possession of the means with which we could have 

established these transits without ever having felt the loss of the money, 

without having been embarrassed in the slightest degree by its expenditure. 

So now, if we will start in with a policy in regard to this matter, and 

let it be understood (as was declared by the Senate, as I remember, on resolutions that were reported by the then Senator from Connecticut, 

Mr. Eaton, when he was chairman of the Committee on Foreign Relations) that whatever transit there is across the isthmus shall be under 

the control of the American Government-if not absolutely and independently under its control, under its control in connection with the 

government through. which the line of transit shall be established; '\Jut 

that no canal can be built across that isthmus unless the American 

Government gives its consent to its building. 

That is the proposition which was in that resolution, and that is the 

true proposition of American policy upon this subject. It has been 

announced by various administrations, and it is a true, a wise, a sound, 

and an inevitable policy. It is one that we can not abandon without 

sacrificing our self-respect and without sacrificing into the hands of 

other nations of the earth the control, more or less, of our commerce in the Pacific Ocean and the protection of our own coasts in the West. 

I believe the Senate of the United States is agreed that this policy 

ought to be adopted. I believe they are thoroughly agreed that what- ever canal or railway passes across this isthmus over which ships are to 

be carried ought t-o be constructed by the consent of the Government 

of the United States, and that without such consent it can not be done. 

If we are agreed, as I hope we are, upon this main, leading proposition, 

nothing could receive from me a more cordial support than any reason- able enterprise through which this great result is to be ~ccomplished. 

If there exists a concession already from the Government of Mexico, 

I think it ought to be read and put in the REcoRD so that we may understand exactly what we are legislating about. In the preamble of 

the bill it is stated that there is such a concession and that the bill has 

reference to that concession. If there is such a concession from Mexico 

to any company that we are about now to incorporate, and if the Government of lt!exico and the gentlemen concerned here believe that they can accomplish the great result of the transmission of loaded ships across the Isthmus of Tehuantepec, I shall be rejoiced whenever they accom- plish that result, as I think every American ought to be and will be. 

The men who are going to put their money into the enterprise onght 

to be the best judges, of comse, as to whether the enterprise is going to 

pay. 

I will make one observation on this enterprise, that to my mind it 

does not meet the whole necessities of the occasion. It may be that it 

will result only in having a double-track or a four-track milroad across the Isthmus of Tehuantepec. It may turn out that no ships at all can be safely carried across that isthmus. It may turn out that the insur- ance men are not willing to insure ships across that isthmus. Bnt suppose it does turn out that way, still we have a very short line of railway transit across the Isthmus of Tehuantepec, and that surely would 

be a great advantage to the people of the United States. 

I hope they may do better than that; I hope that they can carry 

ships of even.more than 6,000 tons burden across that railway. I shall 

cheer them on in every way that I can in their efforts honestly bestowed and energetically bestowed in working out this great proposition, in which they have such entire confidence, for it can not remit in 

harm to this country, and it is bound to result in good. Neve~heless, 

I do not believe that we can accomplish this American policy in that 

perfect degree which is necessary for the welfure of the people of the 

United States, by the mere building of a ship-railway for the transit 

of ships across the isthmus. I think we shall have to go further than 

that. 

A project has been set on foot, and millions and millions of money 

have been spent upon it, to build a sea-level canal across the Isthmus 

of Panama. This country has kept a scrutinizing eye on the progress 

of that work, and I believe that nobody, except those engaged in its 

construction, has been satisfied that it ever could be accomplished on the original basis on which it was projected. I think the Government 

of the United States have been a little derelict, perhaps, in not informing France, if France be the power that is behind the constructors 

of the Panama Canal, that this Government has an interest in that question which is predominant over that of any other government in the 

world, and that certain guarantees are necessary to be given in respect 

of the transit of ships through that canal, which will entirely satisfy 

the people of the United States that, in peace or iri war, their interests 

in connection with that isthmian transit are to be absolutely protected. 

I happened this morning to see a letter from one of our ministers 

who was on his way to his post in a South American country, in which 

he remarked upon the recent great congregation of French and British 

ships on both sides of the Isthmus of Panama. Quite a number of 

vessels are there now; some of them are very heavy vessels, and the 

fact is given out to account for their presence that they are there to 

transfer their crews back and forth from the Atlantic to the Pacific 

squadron over the railway. It is stated that that is the object of their 

being present in Panama and on the coast of Paun.ma. I do not intrepret that as being any sort of threat; but I do interpret it in this 

way, that both of those governments are on the lookout for their interests in that quarter, and it confirms what is stated by this officer; 

it confirms a belief which I have a long time had, th:l.t the islands 

which lie so conveniently near to the coasts of the isthmus at the mouth 

of that canal will be taken possession of and fortified by one of those 

great powers, which one I am not prepared now to determine. I think 

that it is a race of diligence as to which sha.ll get it. 

l'lir. HALE. Will the Senator allow me to ask him a question right 

there? 

Mr. MORGAN. Yes, sir. 

-' 
' 

1887. CONGRESSIONAL RECORD-SENATE. 1403 

-Mr. HALE. Does the Senator understand tha.t the large ships to 

which he refers as being there are war ships? 

Mr. MORGAN. They are war ships. Some of the heaviest war ships in both navies are there now. , My own belief is, and I throw it 

out for the consideration of the Senate, that those governments are preparing to seize islands in the vicinityofthat canal with a view of having an independent right to them, with the power of fortifying them at 

their will and pleasure. 

I advance this suggestion for the purpose of drawing an argument 

upon it. It may be a fuct or it may not be a faet, but what have we got in that section of the world? What foothold have we got there? 

We have nothing at all except the precarious right that belongs to us, 

I suppose, under the Clayton-Bulwer treaty; that is the right to enjoy 

in common with Great Britain a protectorate over that part of the 

transit which may lie within the borders of the Centrnl .American 

States, not Colombia, where Panama is, but in the _Centrnl American 

States. That vague paper right which has now been upon our treatybook for a great many years, and which is incapable almost of being 

expounded, which neither of these great governments understand alike or has ever understood alike-that v~fYlle paper right is all that we have 

got to show for years and years of contention and diplomatic effort in 

respect of the command and the control of the transit of the isthmus 

by ships of war or ships of commerce. 

The islandslyingnorthofthereare in the doubtful or disputed possession of some of the small States of that country, an"d those great powers 

have nothing to do but go and establish them.selves and raise their:flag 

and have themselves in a position far better suited to oft'ensive or defensive operations than the Island of Cyprus is in respect of the Suez 

Canal. Yet Great Britain did not leave her last great continental 

struggle without having drawn into her possession-it is true upon a quasi-lease, a sort of shrewd arrangement which she exercises over the 

Island of Cyprus-but she did not leave until she got her :flag and her 

footJwld planted there, and her naval stations in a position to command 

the entrance to the Suez Canal. 

_ Mr. HOAR. Will the Senator from Alabama yield to me for a mo- ment? 

Mr. MORGAN. Certainly. 

l\Ir. HOAR. This is a very important subject, and I do not think it 

was expected by the Senate generally that it would be debated con- siderably to-day, the last day of the week, when the session usually is 

not very late. The Senator from Alabama is making a statement of 

extreme interest and importance, and I rise to ask him, the Senate being now rather thin, whether it would be more agreeable to him to finish 

his remarks to-day or to c<include them on Monday? 

Mr. MORGAN. I should much prefer, if the Senate will indulge 

me, to go on upon Monday, because to-day I am very much out of health; 

r am not well at all. 

Mr. HOAR. I move that the Senate adjourn. 

The PRESIDENT pro tempore. Pending that motion, the Chair will 

take occasion to lay before the Senate bills received to-day from the 

Honse of Representatives. 

Mr. HALE. I give notice tha,t I shall offer an amendment to the 

bill which has been under consideration. I ask that it be read. 

The PRESIDENT pro tempm·e. The amendment intended to be offered by the Senator from Maine will be read. 

The Chief Clerk read as follows: 

· That except the guarantee to the extent of $7,500,000 expressly provided in 

this bill, the United States shall in no respect whatever be responsible or liable 

for any debt or obligation of said company, or for any of its transactions. 

l'lfr. HALE. I shall offer that as a separate section. 

The PRESIDENT pro tempore. The amendment will be printed. 

Mr. MORGAN. I desire to have printed in the RECORD as part of 

my remarks the concession from Mexico to Mr. Eads and his associates. 

The Senate will want to see it. 

The PRESIDENT pro temp01·e. It will be printed as part of the 

Senator's remarks. 

The concession is as follows: 

CoNCESSION FROJII TBE GOVERNMENT OF liiEXICO TO JAMES B. EADS AND HIS 

ASSOCIATES. 

ARTICLE 1. The American citizen, .James B. Eads, of Saint Louis, State of 

Missouri, or the company which he may organize, is authorized to construct and to operate for ninety-nine years, counted from the date of the promulgation of 

this contract., a. ship-railway, with its corresponding lines of telegraph, across the 

Isthmus of Tehuantepec. ART. 2. The location of the line shall be that which, conformably to surveys made, may be the best for the establishment of communication between the two oceans; two copies of the surveys being presented for the approval of the department of public works, and of these one shall be returned to Eads or the 

company and the other shall be preserved in the archives of the department. The correctness of the surveys shall be certified by the government engineer, · who is to be associated with those of Eads or the companyt and whose remu- neration (not to exceed $!,000 annually) sha.U be paid by Eaas or the company. ART. 3. Said Eads,or the company which he may organize, may construct the 

railway, telegraph, hydraulic works, and other accessory works and connections as they may deem mostQOnvenient, and according as said Ead.s or said company 

may determine. ART. 4.. Eads orthecompanyisauthorizedtoconstructon theline ornearitall 

the edifices which to them may seem fit for the service of their railway, but they shall in no case construct forts nor any wo.rk intended 1or military uses. They 

may also make the works or improvements which they think fit, in the rivers or lagoons nea.r the line aforesaid, without iinpeding the public use of them, and 

they may regulate, improve, or construct harbors in the Gulf of Mexico and in 

the Pacific Ocean, as well as all the hydraulic works which Eads or the company 

may consider necessary for the construction and operation of the railway and 

telegraph. 

ART. 5. To said Eads or said company is granted a right of way of the width 

of 400 meters (1,312.36 feet} on each side of the road and its water communications, measured from the center line; in town lauds this width shall be reduced to 200 meters (656.18 feet} measured in the same manner, while ~t stations the 

width shall, in like manner, be increased to 800 meters (2,624.72 feet). The same 

~~~i!lf:.~~d :~fo~ ~~=-ge be made in the line of the railway or its 

ABT. 6. The Ian~ comprised within the said zone, if they are wild and un- improved lands, shall be ceded by the government to Eads or t-o the company, without any remuneration whatever, and if they are not wild or unimproved they may be purchased by said Eads or thecompany,o.ooording to the laws relative to the taking of property for purposes of public utility; with the understanding that in either case they shall be devoted solely and exclusively to the 

service of the railway. Nevertheless, if it be possible, and be deemed proper, to establish settlements on any portion of said lands the company may do so by permission of the executive, provided that U conform to the rules which he sb.;,'n 

lay down in pursuance of the laws. ART. 7. With the approval of the government, and gratuitously, Eads or the 

company may take from the public lands whatever materiaJB are needed for the construction of the railway and other accessory works. ART. 8. Eads or the compa.nr. may take, conformably to the laws of e~ropriation on account of public utihty, the lands and materiaJ.s for construction be- longing to private individuals which may be necessary for the estahlt<Jhment 

and repairs of the road and its dependencie~. stations, and other accessory works, 

and until such laws be enacted by the Congress of the Union the following rules 

shall be observed: 

1. In case of no agreement being arrived at with the owners of the lands or materials of construction, each party shall appoint an expert appraiser, both of 

whom shall present to the parties the valuation made, within the period of eight days from th.e time of tbe1r appointment; if the values fixed do not agree, the matter shall be submitted to the judge of the district court for that State within 

whose jurisdiction the land or materials in question may be situate, in order 

that he may appoint a third expert, who, within the period of eight days from 

the time of his appointment, shall give his de.cision as to what, in justice, should be given as indemnification t-o the owner of the lands or materials to be occu- pied or ta.ken. The district judge, taking into account the opinions of the ex- pert and the proofs presented by the parties when giving their decision, shall 

fix, within three days, the amount of indemnification. The decision of the district judge shall be enforced without other recourse than that of responsibility. 2. Should the owner of the property to be occupied on account of public utility notappointhisexpertwithineightdaysaft.erbeingn.otifiedtodosobythedistrict judge, this functionary, on demand of Ead.s or the company, shall appoint ofti· 

cially an expert to represent the interests of the owner. 3. In every case where it may be necessary to appeal to the district judge, this 

functionary, should Ea.ds or the company so demand, or should it not be possi- ble for them to fix the amount of land needed, shall begin the proceedings, the 

judge having taken the opinion of the government engineer, or, io his absence, 

that of the expert appointed by said judge, shall fix a sum which shall remain as a deposit during the pendency of the proceedings, and shall authorize Eads or the company to make nse of or occupy provisionally the materials or lands in 

question, with the provision that if the final award of the experts be greater or less tha.n:the sum deposited by Ea.ds or the company, what is lacking shall be 

paid or the excess returned. 

4. If the ownership of the property to be occupied be doubtful, by reason of 

litigation or otherwise, the district judge shall assess, as the sum of indemnifi· 

cation, the amount which may be designated by the valuation of the expert ap- pointed by the company, and of the one appointed by the said judge as representative of the legttimate owner of the property in question. The amount finally decided upon shall be deposited, conformably to legal usage, in order 

that it may be surrendered to him to whom it may belong. 5. In making their valuation the experts shall take into consideration the taxes which the property, of which the expropriation is in question, may pay, as well as the injury or benefit which, from the same cause, may result to the 

proprietor. 

6. If, in making surveys and locations, it should be necessary to fell or to destroy, in whole or in part, trees, maguey plantations, or other obstacles, Eads or the company ma.y do so, being obliged to pay the indemnification designated by the experts as soon as this shall be made known. .ABT. 9. Eads or the company are authorized tom.a.ke a canal of a depth of not less than 25 feet between the Laguna. Superior and the Pacific. As compensation for making said canal there will be given to them 158 (41,515 acres) square kilomet-ers of public ·lands for each foot of depth which ,is obtained, measured 

from the surface of the water at mean high tide, making a. total of 4,200 square kilometers (l,037,862a.cres} for obtaining the total depth of25 feet. 

If said Eads or the company think it necessary to deepen the bar of Coatzacoalcos t-o the same depth of 25 feet, then a second 4,200 square kilometers 

(lt0?'7•862 acres) of land will be given them in compensa-tion for this work, in 

wnich case a. proportionate amount of the whole will be given for each additiona.rfoot of depth obtained beyond the present depth on the bar. The said 

lands may be granted on the Isthmus of Tehuantepec, or in the pla.ces which 

the government may designate, and they will be transferred with the corre- sponding title of property and previous measurement and location in propor- tion as the construction of the canal is accomplished, with the understanding that the company shall be obliged to make the river navigable to Minatitlan for 

vessels drawing at least 20 feet. Eads or the company is accordingly authorized to survey by metes and bounds up to 11,200 square kilometers of land in the 

place or pla.ces which may be designated by the government on the proposal 

of Eads or the company, all expenses of measurement and establishing the lines 

being his or the company's, and having the sole right, a.s compensation for these 

expenses, to the third part which the law grants to all companies which survey lands. 

The lawful time to begin these operations will be after the date at which the 

govern1J1ent may make said designation. _ The vacant lands once surveyed, the corresponding title of property will be 

issued t~ the extent of the third part referred to, and the remainder will be re- served, to be applied as soon as the works mentioned in this article are executed, 

within the period granted for the construction of the railway. If at the end of said period Eads or the company should not have executed 

those works, the government may freely dispose of the reserved lands. . If Eads or the company should, in part or entirely, dispose of the lands ac- quired in virtue of this contract the purchasers, whatever may be their nationality, will not be considered foreigners in the act of acquiring, holding, and disposing o!them in their turn, and will be subject to the laws of the republic in 

everything referring to the rights and obligations inherent to private landed 

property. 

If in this event the purchasers or settlers of such lands should desire to obtain 

the character and franchises of colonists, the government will grant it according t~ the laws re~ting such matters, provided they ask for it within the first six months of the1.r installation. · ART.lO. During the time of the construction of the railway, telegraph, and 

other accessory works connected with this enterprise, both buildings and hy-

•' 
. 

1404 CONGRESSIONAL REOORD-SENATE. FEBRUARY 5, 

draulic worln!, and during the whole period of the concession, Eads or the com- pany may bring and import to the isthmus all kinds of ma~hinery, instruments, 

coal, and materials, which to Eads or the company may seem necessary for the construction. operation, and maintenance of the works, free of all kinds of duty, uoon the following conditions: The rails, sleepers, fish-bars, locomotives, cars, and, in fine, all the articles comprised under the description of permanent way and rolling-stock, according ~o the decision of the department of public works, may be impor~d,notice having been previously given in each case to the afore- said department. Other materials which, in addition to being necessary for the various works and appurtenances of a railway, may be considered as current articles of comml'rce, such as iron, corrugated zinc, common nails, 1 umber, paints, 

&c., will require in each case the previous permission of the aforesaid department, and order of that of finance. Vessels, passengers, or merchandise, which may come to the isthmus, and which may be in transit, shall be free of all kinds of duties, general as well as local, during the concession, except that of transit, for which they shall pay after the completion of the work, nod during the entire period covered by the con- cession, at the rate of 15 cents per passenger on each passage fare collected by the company; one-h_alf mill on the value of coin, silver or gold in bars or dust, and on that of preCJous stones, and JO cents per ton on each ton for which the company collects toll. Nor can a tax or contribution of any kind, except that of revenue stamps. be levied upon the capital invested in this enterprise, its property, or edifices indis- pensable for the service of the railway, nor upon its rents or shares; the sums of money which it may be necessary to remit abroad for the purchase of mate- rials needed for the operation and repair of the road after it is built, as well as for the payment of interest and dividends, shall be exempt from export duty, with the obligation of satisfying the federal government, when it may require it. that the appropriation of the amounts for which it may obtain free exporta- tion is lawful. · The enterprise may sell coal from its own stores to vessels in transit that may need it, in case of urgency. The company shall be exempt from all dues on the tow-boats that it may make use of for the service of the railway, and it can charge the owners of the vessels which it may tow conventional or agreed upon rates. ART.ll. Eads or the company is authorized to collect tolls from each vessel transported over said railway, provided that the maximum toll on each vessel does not exceed a sum equal to $5 per cubic meter for each meter contained in a parallelopipedon of which the dimensions shall be the greatest length and the greatest breadth of the vessel, measured at the surface of the water, and her irreatest immersed depth. In the application of this tariff, fractions of cu- bic meters shall be considered as complete cubic meters. For each passenger carried across in a vessel a sum not exceeding $15 may be charged. 

Silver in bars, or coined; gold in bars, in dust, or coined; jewels and precious stones shall pay, as a maximum rate, 1 per cent. of their value. If any captain of a vessel, or owner, or conductor of said property shall fail to declare that it is being carried to the agent of Eads or of the company, said Eads or said company shall have the right to exact 10 per cent. of the value of the property, and to seize and detain the vessel, or the property in question, until payment of said 10 per cent. be made. Eads or the company may also collect wharfage dues and tonnage dues, pro- 'Vided that said dues do not exceed Sl per registered ton, and that the vessels from which these dues be claimed use the ports, wharves, or other hydraulic works of the company; and this sum may be charged for each period of twenty 

days, or less if the vessel be there only that time, on the condition that the delay be not caused by the enterprise. These last dues maybe collected by said Eads or said company without preju- dice to the port charges which the government collects in those ports, as in all others of the republic, on ships not in transit by the isthmus. Eads or the company may collect fees that do not exceed Sl per registered ton on those ves- sels that draw more than 16 feet and cross the bar at the mouth of the river Coatzacoalcos, or that enter any of the harbors deepened by the enterprise in the Pacific Ocean. The vessels that go in transit by the isthmus will not pay the last-mentioned dues. ART. 12. The tariff of charges for telegrams shall be: For a message of ten words, not counting date, direction, and signature. sent to a distance not exceed- ing 100 kilometers, 15 cents; for each additional kilometer, 1 cent additional; for each additional word, a sum not in excess of a twentieth part of that exacted for the ten first words of the message sent the same distance . ART.13. The enterprise shall publish and send annually to the department of public works the schedules of tolls adopted by it, and it shall neither reduce nor increase such tolls without previous notice to the public, which notice shall be published fifteen days beforehand in case of a reduction and two months before- band in case of an increase. All the tolls Rpecified in the aforesaid schedules shall be payable in gold, excepting those payable on Mexican vessels and pas- sengers, which shall be paid in silver dollars of the national mintage, in order that they may enjoy a reduction equivalent to the amount of the exchange on Mexican gold or silver. · ART. 14. For the use of the marine ways which may be constructed said Eads or said company shall have the right to collect such amounts as may be agreed upon between them and the owners of the ves.c;els which may be taken there to be hauled out or repaired. The government can make use of these ways for hauling out and repairing ita vessels without any remuneration whatever. This use shall be subject to such rules as may be established by the company and as may be approved by the department of public works. ART. 15. Said Eads or said company agrees to carry gratuitously, to and from any of the stations ohhe railway, written and printed matter dispat~hed from the government offices, also t~ transport without charge the troops, employes in public service, vei:!Sels, and all things belonging to the Mexican Government, in accordance with the orders and regulations that may be issued by the re- spective departments of state. There also shall be sent free of charge by the telegraph of the company all telegrams relating to official affairs of tile Government of the Mexican Republic. On the passage of colonists authorized by the department of public works a rebate of one-fourth will be made in the rate of the tariff. ART. 16. Passage over the railway shall be open for all the vessels ol all the nations not at war with Mexico, and the government of the republic binds it- self not to close to ocean commerce, during the time of the concession, either of the two terminal ports of the interoceanic ship-rail way, one in the Gulf, the other in the Pacific, except in case of war. The treasury department sball make the regulations which most be observed in reference to the transportation of effects and merchandise over the railway, so as to prevent fraud or abuse which might be committed during their transit through Mexican territory, but these formalities or precautions shall be such as to not tend to delay or embarrass the punctual and rapid dispatch of trains and merchandise, passengers and baggage, yet all without prejudice to the right which the executive reserves to detain vessels in case of fraud. The passage of ships shall be subject to precisely the following conditions: I. The passage shall be open at aU t-imes to the merchant marine of the world, and for the ships of war and the property and appurtenances of the Mexican Government. 

2. The company will not be allowed to transport war vessels, war materials, or troops of any loreign nation without t.he previous constitutional permission of the Mexican Government. 

8. If the company shall voluntarily or maliciously transport arms or muni- tions of war belonging to any foreign nation, without proper permission from the Government of Mexico, it shall be liable to a fine of from two to ten thou- sand dollars, and shall, moreover, be responsible for such damages and injuries as may be occasioned by this act, if, by reason thereof, the neutrality laws shall be violated. 

ART. 17. The directors, agents, employ~, and workmen of the company shall be exempt, during the whole time of the concesl:lion, from all military or civil service, and considered as invested with all the exemptions and privileges 

granted to th~ employes and workmen of other railways in the Mexican Re- public. 

ART. 18. The company which, for the objects mentioned in this contract, may be organized by Eads, shall exercise all the rights, powers, and privileges in relation to the issue of bonds or other guarantees, and in every way, that may be granted by any concession which it may obtain in Mexico or elsewhere pro- vided that it be not in conflict with the provisions of this contract or with the laws of the Mexican United States. The company may sell aud in any manner dispose of and transfer its shares, 

bonds, and other obligations. The ct·editors of the company shall have action against its property only, and the bondholders, directors, and employes of the enterprise, shall be exempt from all personal responsibility on account of the debts of the company, except in case of fraud, deception, or bribery. ART. 19. The concessions contained in the present contract, and the railway, 

telegraphs, stations, ports, lands, and. in short, all works constructed by virtue of the present contract, can in no wise be sold, mortgaged, or alienated to any for- eign government or governments, under penalty of the immediate nullification of the present concession. . ART. 20. Work on the railway shall commence within two years from 1\Iay I, 

1881, and shall be finished within fourteen years from the same date. ART. 21. Eads or the company is authorized to build, on the land conceded as a. right of way, a railway, broad or narrow gauge, to be operated for the service of the ship-railway, and for the carriage of passengers and freight. Its tariff for these purposes shall be" that of other railways of its class in the republic, and for it the government shall pay no subvention whatever. In case that only this auxiliary railway be constructed, and the ship-rail way not built, said auxil- iary railway shall be in .every way Sllbject. to those regulations established for the railway actually being built in Tehuantepec, except as regards the enjoy· ment of a subvention. ART. 22. Except as regards property in the public lands treated of in article 9 (a concession which is perfect and complete), all the other privileges and con- cessions spoken of in the present contract shall be enJoyed by Eads or the com- pany1 only for the term of ninety-nine years from the date of the promulgation of th1s contract; this period passed, the Mexican Government may take pos- session of said railway, with all its works, building equ ipments, and accesso- ries, each party appointing an expert and thP.se two a third, who shall proceed to make ajustvaluationofall belonging to the company. The railway, with its works, buildings, material, equipment, and accessories, may be taken by the government for two-thirds of its value payable with the net products of opera- ting, the company being paid interest at 6 per cent. annually on the amount dne until payment be made. The improvements in the ports, such as wharves, 

docks, locks, and light-houses, shall, at the expiration of ninety-nine years, be- come the property of the nation, no compensation being paid therefor. ART. 23. The Mexican Government pledges itself to protect Eads or the com- pany during the construction of the works mentioned and in the enjoyment of them when constructed, and to this end shall furnish the proper force by land or sea without any charge to the company. ART. 24. The obligations contracted by Eads or the company concerning the time of beginning and completing construction fixed by this contract shall be suspended in case of financial crisis, duly verified in the principal exchanges ot 

England and of the United States of the North, and in all fortuitous cases or that of a superior force which may prevent the carrying out of these obligations. 

Suspension shall last only during the time the impediments last, and there must be presented to the federal executive notice and proofs of the occurrence of a fortuitous case, or one of the superior force of the character mentioned, within three months from the commencement of the impediment. So, also, there must be presented to the federal executive notice and proof that work was resumed immediately on the cessation of the impediment, or at least within two months after its cessation ; said presentation of notice and proofs to be made within two months after the two already mentioned, only the time during which the im- pediment; lasted, or at most two months more, shall be credited. ART. 25. The concessions made by this contract shall be void for any of the following causes : 1. For not commencing or terminating the construction of the railway and its works according to the times fixed by article 20. 2. For alienating, transferring, or mortgaging this concession, or the rights derived from it, or the works executed, to some foreign state or government, or for admitting it as a partner, any stipulation to this effect being also null. 8. For the company, knowingly and intentionally, and not being constrained by superior force, transporting on the railway vessels of war or troops of any foreign nat-ion, without the previous constitutional permission, officially com- municated by the government to the enterprise. The voidance shall be declared administratively by the executive as soon as the same may take place. . ART. 26. In cases of voidance, the company shall lose the concessions granted 

by this contract, but said company shall preserve its ownership in the edifices it may have constructed, that part of the railway and telegraph it may have built, the materials, machinery, and tools used for operating the same, and the lands it may have acquired. The government of the republic, or the individual or company to whom such right may be conceded, shall have the right to take it all, corresponding payment having been previously made according to the valuation made by experts appointed, one on either part; and they, before be- ginning to act, shall appoint a third to decide in case of a disagreement. 

If the voidance should have been caused by alienation, mortgage, or transfer to a foreign government, or because of its becoming a partner, or because the company, knowingly and intentionally, and not being overcome by superior 

force, has transported vessels of war or troops belonging to any foreign nation without the previous constitutional consent of Mexico, in addition to the work .. ing or the nullity of the act or the voidance of the present contract, the nation shall enter at once into possession of the control of the road, its accessories, and lands, without the company having a right to indemnification of any kind. ART. '1:1. The Government of Mexico pledges itself to furnish annually, as a. loan which is to be repaid, the amount necessary to make up, as the sixth part of the aunual gross proceeds of the entire income of the enterprise, for the 

working of its rail ways, telegraphs, and docks, the sum of 31,250,000. This obligation shall be binding as soon as, after the completion of the shiprailway, it shall have been put in operation, and shall have transported across the isthmus, with entire safety, a >essel weighing, with its cargo, at least 3,000 tons. 

The advance or loan which the Government of Mexico binds itself to furnish to the enterprise, in order thereby to guarantee the payment of interest to the capital therein invested, shall only extend to the first fifteen years of the opera- tion of the ship-railway, which period shall be reckoned from the day on which the first vessel weighing at least 3,000 tons shall have been transported across the isthmus, according to the terms of the foregoing paragraph. - The Government of Mexico may, as it may elect, deliver, in cash or in special 
1887. CONGRESSIONAL RECORD-HOUSE. 1405 

bonds issued by it and bearing interest at the rate of 6 per cent. per annum, the amount which it is annually to loan to the enterprise in virtue of the obligation 

contracted by it. The said bonds, if issued, shall be payable in twenty years from 

the date of their issue. 

The enterprise assigns exclusively, for the purpose of repaying to the Govern- ment of Mexico the sums which that government shall have advanced to it in 

virtue of the provisions of this article, the sixth part of the excess that may at any time accrue in its net revenues from the operation of the ship-railway and 

of its telegraphs and docks over and above the sum of $3,750,000 in gold in one year. . ART. 28. Eads or the company may grant a reduction amounting to 25 per cent. of the rates authorized by article ll to the merchandise, passengers, and mer- chant vessels of the nation, or foreign nations whose governments shall lend it 

their aid either by means of money or guarantee. · This reduction shall last for a term of thirty years, and in all cases Mexican 

merchandise and passengers and the national marine shall enjoy the same franchises. The enterprise is also authorized tO grant the same reduction to the war marine of said nation or nations, but with the proviso that the transportation of vessels, troops, or munitions of war shall not be understood to have been 

consented ~ in any case, without the express permission of the Gove1·nment 

of Mexico omcially communicated to the enterprise. The government granting the aforesaid aid shall have the right to be repre- sented in the board of directors of the company, without any power save that 

of being present at the examination of the accounts for the purpose of receiving 

the share of the profits that belongs to them by two-ninths of the whole num- ber of its members, these representatives enjoying the same emoluments and 

prerogatives as the other directors. In case that Eads or the company should fail in any of the stipulations con- tained in the preceding article contracted with any foreign government, that 

government can only enforce its rights before the Mexican courts of the capital of the republic, in accordance with the laws of Mexico; but in no case can the 

government which brings suit acquire the ownership of the works or the rights 

emanating therefrom. ART. 29. When the advances made to the enterprise by the Government of 

Mexico and the other governments that aid it shall have been refunded, and 

the net earnings shall be sufficient to pay a sum equivalent to 10 per cent. in 

gold on the total indebtedness of the company, represented by the shares and 

bonds that it may have i'SSned, the directors appointed by the Government of 

Mexico and by the other governments lending the aforesaid aid shall prepare a schedule of reduced prices, provided the reduction of income that may result 

will permit the payment of the said 10 per cent.; and if this new schedule shall 

be approved by the Government of Mexico and the other governments it shall 

remain in force thereafter, although it may be afterwards increased whenever 

the net earnings of the enterprise shall prove to be insufficient for the payment 

of the aforesaid 10 per cent., one-half of the total earnings shall, in all cases, be 

considered as net profits. ART. 30. The transit duty mentioned in article 10 shall be collected in 1\Iexi- can silver dollars, in the form and on the terms that the government shall di- rect by agreement with the enterprise; and this fund shall be appropriated, so far as may be necessary, to the amortization either of the main share of capital 

that shall be found chargeable to the government as a part of the deficit referred to in article Zl, or of the interest on the bonds therein mentioned, without preju- dice to such other means of payment as may be provided for this purpose in the 

federal budget. ART. 31. 'l'be company may establish its board of directors in any city in the 

republic or in a foreign country, but, in the latter case, it shall be obliged to keep at this capital an attorney, instructed and paid, for the purpose of maintaining an understanding with the federal government and other authorities, 

in all matters relating to the execution of the present contract. . ART. 32. The company shall be Mexican, even though some or all of its shareholders be foreigners, and shall be subject exclusively to the jurisdictions of the 

tribunals of the republic in all matterS' of which the cause and action may take 

place within its territory. The company itself, as well as all foreigners and the successors taking part in t-he enterprise, whether as shareholders, employes, or in any character whatsoever, shall be considered as :Mexicans in all things relating to the company, nor can they even allege., with regard to title to property and 

other matters connected with the company, rights as foreigners, under any pre- text whatsoever. They shall have those rights and the means of making them 

valid which the laws of the republic confer on Mexicans, and consequently not subject to interference on the part of foreign diplomatic agents. ART. 83. The executive will be represented in the board of direct()rs of the company by two-thirds of the whole number of the directors of the company, those whom it shall appoint in compliance with this provision having the same emoluments and prerogatives as those of the company which the enterprise 

will pay. ART. 34. The enterprise shall communicate to the Goyernment of Mexico the text of any contracts that it may conclude with foreign governments. 

LUCY A. WASHBURN. 

The PRESIDENT pro tempore laid before the Senate the amendments 

of the House of Representatives to the bill (S. 2218) for the relief of 

Lucy A. Washburn, which were, in line 3, after the word "pensionroll,'' to insert the words ''subject to the limitations and proviSions of 

the pension laws;" and in lines 3 and 4 to strike out the words ''at the 

rate of $12 a month." 

The amendments were concurred in. 

RICHARD B. RIANS. 

The PRESIDENT pro tempore laid before the Senate the amendment 

of the H~use of Representatives to the bill (S. 2519) granting an increase 

of pension to Richard B. Rians, which was, in line 5, before the word 

"dollars," to strike out "fifty" and insert ''twenty-five." 

Mr. WILSON, of Iowa. I move that the Senate non-concur in that 

amendment, and ask for a conference on the disagreeing votes of the two 

Houses. 

The motion was agreed to. 

By unanimous consent, the President pro tempm·e was authorized to 

appoint the conferees on the part on the Senate; and Ml4t SAWYER, Mr. 

BLAIR, and Mr. WILSON of Iowa were appointed. 

HOUSE BILLS REFERRED. 

The following bills were severally read twice by their titles, and referred to ihe Committee on Pensions: 

A bill (II. R. 5345) for the relief of Mary' J. Gilbert; 

A bill (H. R. 6188) for the relief of John A. Fagg; 

A bill (H. R. 6732) for the relief of General SpeedS. Fry; 

A bill (H. R. 7971) granting a pension to :Mary w·ood; 

.A billlH. R. 8469) granting a pension to John Moran; 

.A bill H. R. 8486) granting a pension to Rebecca Morris; • 

A bill H. R.1002ll granting a pension to Mrs. Mary Lathrop; 

A bill (H. R.10473 granting a pension to William Reddick; and 

.A bill (H. R. 10795 granting a pension to Elenor C. Ransom. 

FLORIDA LAND GRANT. 

Mr. CALL. I ask the Senator from Massachusetts to allow me to move the reference of a joint resolution on the table to the Committee 

on Public Lands. 

Mr. HOAR. I yield for that purpose. 

Mr. CALL. I move that the joint resolution (S. R. 99) in relation 

to the land grant approved May 17, 1856, granting lands to the State 

of Florida for railroad purposes, be taken from the table and referred 

to the Committee on Public Land'3. 

The motion was agreed to. 

NATIONAL ACADEMY OF DENTAL SCIENCE. 

Mr. CALL. I ask the Senator from M:assachusetta if he will not 

withdraw his motion to allow me to have a vote of the Senate on the 

bill (S. 2051) to incorporate the National Academy of Dental Scien<'.e. 

I will merely state that this is not an association of any kind involv-. ing money or property interests, but simply an association of scientists 

who desire to have an incorporation here in the District of Columbia 

for the purpose of convenient conference with scientists of the dental 

profession in all parts of the world, and for the purpose of receiving 

contributions for the encouragement of their art or profession. 

The PRESIDENT pro tempore. The Senator from Florida appeals 

to the Senator from Massachusetts to withdraw his motion to adjourn 

with a view to allow him to have a certain bill passed. 

Jtlr. HOAR. I think that after Senators have left their seats with 

the understanding that a motion to adjourn was pending and merely 

withdrawn for the sake of routine business I hardly ought to yield. I 

hope the Senator from Florida will defer action on that bill until Monday. 

Mr. CALL. Certainly, if the Senator desires. 

Mr. HOAR. I understand that it created a good deal of opposition 

the other day when it came up. 

1\fr. CALL.• I think not. I think but one member of the Senate 

raised objection to it. 

The PRESIDENT pro tempore. The Senator from Massachusetts 

moves that the Senate adjourn. 

The motion was agreed to; and (at 3 o'clock and 3 minutes p. m.) 

the Senate adjourned until Monday, February 7, at 12 o'clock m. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, February 5, 1887. 

The House met at 12 o'clock m. Prayer by the Rev. Dr. BuLLOCK, 

of Washington, D. C. . The Journal of yesterday's proceedings was read and approved. 

VETO MF.SSAGE-CUDBERT STONE. 

The SPEAKER laid before the House the following message from 

the President of the United States: 

To the House of Representatives: 

I hereby return, without approval, House bill 927, entitled "An act granting a peOBion to Cud bert Stone." 

'.rhe report of the committee of the House of Representatives to whom this 

bill was referred states that the claimant enlisted October 3, 1861, in Company H, 

Fourteenth Kentucky Volunteers, and was honorably discharged on the 31st 

day of January, 1865. · That he filed his claim for pension July 20, 188lt more than sixteen years thereafter, alleging that he contracted piles while in tne service, from exposure while 

in the line of duty, and that his claim was rejected in October, 1884, on the 

ground that the allegation of the claimant shows that his disability originated 

while undergoing the sentence of a court-martial, and therefore not in the line 

of duty. 

The report of the committee closes with the statement that "in view of the 

long and faithful service and high chara-cter of the claimant, and the well-established facts that claimant was a stout and able-bodied man, free from any and all disease when he enlisted, and that by reason of his faithful service to his 

country, and the great suffering and hardship through which be passed while 

in said service, his health was permanently destroyed, the committee earnestly 

recommend the passage of the bill." 

The records of the War Department show that the claimant enlisted October 

25, 1861, and that on the muster-in roll of his company, dated December 10,1861, 

he is reported as present; that on the roll dated December 31, 1861 be is re- ported as absent without leave; that on the roll for January and February, 

1862, he is reported as deserted; that be is not borne on subsequent rolls until 

that for November, 1864, when he is reported as gained from desertion. He was mustered out with his company January 31, 1865, and the records offered no evidence of disability; that in his claim for pension, filed in 1881, he alleges 

that he contracted piles in the winter of 1863. In a subsequent statement he alleges that this date is erroneous, and that his 

disability was cont.racted in October,l864, and that he believes it was the result 

of his having dia.r.rhea. for about twelve months prior to that date, contracted 

while he was being carried from place to place as a prisoner, be having been 

tried by a court-martial in May, 1862, for desertion, and sentenced to imprison- ment until the expiration of his term of enlistment. 

Thus it quite plainly appears that this claimant spent the most of his term of 

enlistment in desertion, or in imprisonment a.s a punishment of that offense. 

And thus is exhibited the "long and faithful service and the high character o"f 

the claimant" mentioned as entitJing him to consideration by the committee 

who repor~ed favorably upon this bill.