710 CONGRESSIONAL RECORD-HOUSE. JANUABY 25, 

Robert Kennedy, of Shasta, Cal., to be receiver of public moneys at 

Shasta, Cal., 1:ice William H. Bickford, resigned. 

J. F. Linthicum, of Sacramento, Cal., to be receiver of public moneys at Sacramento, Cal., 'l•ice Charles F. Gardner, term expired. 

John J. Orr, of Owenton, Ky., to be receiver of public moneys at 

Buffalo, Wyo., to fill an original vacancy. 

Absalom H. Wear, of Cassville, Mo., to be receiver of public moneys 

at Springfield, Mo., vice William G. Hobbs. deceased. 

INDIAN AGENT. 

Edwin Eells, of Washington Territory, to be agent for the Indians of 

the Nisqually and S'Kokomish agency, in Washington Territory, vice 

Edwin Eells, term expired. 

PROMOTIONS IN 'IRE REVENUE SERVICE. 

Second Lieut. Albert Bulmer, of South Carolina, to be a first lieutenant in the revenue service of the United States, in the place of First 

Lieut. Jefferson A. Slamm, promoted. · 

Second Lieut. William C. De Hart, of New Jersey, to be a first lieutenant in the revenue service of the United States, in the place of First 

Lieut. Leander l\1. Keene, promoted. 

Second Lieut. Walstein A. Failing, of New York, to be a first lieutenaut in the revenue service of the United States, in the place of First 

Lieut. George Williams, deceased. 

Third Lieut. Charles D. Kennedy, of Massachusetts, to be a second 

lieutenant in the revenue service of the United States, in the place of 

Second Lieut. George E. McConnell, promoted. 

Third Lieut. John C. Moore, of Maryland, to be a second lieutenant 

in the revenue ser-vice of the United States, in the place of Second Lieut. 

Albert Buhner, promoted. 

Third Lieut. George A. Starkweather, of Wisconsin, to be a second 

lieutenant in the revenue service of. the United States, in the place of 

Second Lieut. Walstein A. Failing, promoted. 

Third Lieut. Horace B. West, of Pennsylvania, to be a second lieutenant in the revenue service of the United States, in the place of Second 

Lieut. William C. De Hart, promoted. 

NOi\UNATION WITHDRAWN. 

G. Brown Goode, to be Commissioner of Fish and Fisheries. 

• CONFIRMATIONS. 

Executive nominations confirmed by tlte Senate, January 19, 1888. 

CONSUL-GENERAL. 

Chal'lton H. Way, ofSavannah, Ga., to beconsul-generalofthe United 

States at St. Petersburg. CONSULS. 

·Frank D. Hill, of Goodhue County, Minnesota, to be consul of the 

United States at Asuncion. 

Henry F. :Merritt, of Chicago, ill., to be consul of the United States 1

at Chemnitz. , 

Victor Vifquain, of Nebraska, to be consul of the United States at 

Colon (Aspinwall). 

James C. Quiggle, of Clinton County, Pennsylvania, to be consul of 

the United States at Port Stanley and St. Thomas, Ontario. 

D. M . White, of Peterborough, N.H., to be consul of the United 

States at Sherbrooke. 

Edward P. Crane, of Schooley's Mountain, N. J., to be consul of the 

United States at Stuttgart. 

· Joseph Black, ofCleveland, Ohio, to be consul of the United States 

at Buda-Pesth. 

SECRETARY OF LEGATION .A.ND CONSUL-GENERAL. 

JamesR. Hosmer, of New York City, N. Y., to be secretary oflegation in Central American States and consul-general of the United States 

at Guatemala. 

SECRETARY OF LEGATION. 

Charles Chaille Long, of New York City, N. Y., to be secretary of 

the legation of the United States to Corea. 

COLLECTOR OF CUSTOMS. 

Hyman Abraham, of Oregon, to be collector of customs for the dist~ct of Willamette, in the State of Oregon. 

SUPERVISING INSPECTOR OF STEA1\I-VESSELS. 

HenryS. Lubbock, of California, to be supervising inspector of steamvessels for the first district. . 

DISTRICT JUDGE. 

William J. Allen, of Illinois, to be United States district judge for 

the southern district of illinois. 

APPRAISER OF MERCHANDISE. 

Fred Klimper, of Ohio, to be appraiser of merchandise for the port 

of Cincinnati, in the State of Ohio. 

RECEIVERS OF PUBLIC MONEYS. 

George W. Parks, of Salt Lake Cit-y, Utah, to be receiver of public 

moneys at Salt Lake City, Utah. 

Charles 0. Stockslager, of Galena, Kans., to be receivm· of public 

moneys at Hailey, Idaho. 

REB-ISTERS OF THE LAND OFFICE. 

Edward Burgess, of Culpeper, Va., to be register of the land office 

at Prescott, Ariz. 

Henry R. Pendery, of Lead ville, Colo., to be register of the land office 

at Leadville, Colo. 

Frank P . Tanner,'of Colorado, to be register of the land office at Gunnison, Colo. 

Jacob T. Ake, of Ironton. Mo., to be register of the lnnd office at 

Ironton, Mo. 

James H. Walker, of Raton, N. Mex., to be register of the land 

office at Santa Fe, N. :M:ex. 

Milton Montgomery, ~f Lincoln, Nebr., to be register of the ]and 

office at Chadron, Nebr. · 

Henry A. Yonge, of Beloit, Kans., to be register of the land office at 

Kirwin, Kans. 

Samuel Demers, of Concordia, Kans., to be register of the land office 

at Concordia, Kans. 

POSTMASTERS. 

Robert M. Gardner, to be postmaster at Christiansburgb, in the 

county of Montgomery and State of Virginia. 

Joseph Haussler, to be postmaster at Hoosick Falls, in the county 

ofRensseJaer and State of New York. 

Michael D. Murray, to be postmaster at Joh~town, in·the county 

of Fulton and State of New Y01·k. 

Giles M. Stoddard, to be postmaster at Groton, in the county of 

Tompkins and State of New York. 

Connally T. Litchfield, to be postmaster at Abingdon, in the county 

ofWashington and State of Virginia. 

Peter A. Albert, to be po tmaster a~ Holley, in the county of Orleans 

and State of New York. · 

William· H. O'Donnell, to be postmaster at Jordan, in the county of 

Onondaga and State of New York. 

Hansori C. Phelps, to be postmaster at Norwood, in the county of 

St .. Lawrence and State of New York. 

James M. Swift, to be postmaster at North Tarrytown, in the county 

of Westchester aud State of New York. 

James Garvin, to be postmaster atMorristbwn, in the county of St. 

Lawrence and State of New York. 

Henry R. Royce, to be postmaster at Fonda, in the county of Montgomery and State of New York. 

George T. Propper, to be postmaster at Wahpeton, in the county of 

Richland and Territory of Dakota. 

HOUSE OF REPRESENTATIVES; 

WEDNESDAY, January 25, 1888. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. 

H. MILBURN, D. D. 

The Journal of the proceedings of yesterday was .read and approved. 

PAY OF JURORS. 

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

Secretary of the Treasury, transmitting a letter from the Secretary of 

the Interior in relation to an appropriation to pay jurors selected in 

proceedings in condemnation of the site for the Congressional Library; 

which was referred to the Committee on Appropriations, and ordered 

to be printed. 

LIGHT .AND FOG-SIGNAL, OUTER SHOALS, CAPE HATTERAS. 

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

the Secretary of the Treasury, transmitting a letter from the LightHouse Board recommending the establishment of a light and fog-signal 

at outer shoals, Cape Hatteras; which was referred to the Committee 

on Commerce, and ordered to _be printed. 

ELEVATOR, PUBLIC BUILDING, COLUMBUS, OHIO. 

The SPEA.KER pro tempore also laid before the House a letter from 

the Secretary of the Treasury, transmitting a letter from the Supervising 

Architect in relation to the estimate for an appropriation for an elevator 

for the public building at Columbus, Ohio; which was referred to the 

Committee on Appropriations, and ordered· to be printed. 

SPECIAL EXAMINER OF DRUGS1 ETC. STATISTICAL ABSTRACT. 

Robert I. Bowie, of Cnlifornia, to be special examiner of drugs, medi- The SPEAKER pro tempore also laid before the Honse a letter from 

cines, and chemicals in the district of San Francisco, in the State of the Secretary of the Treasury, transmitting the tenth number of the 

ililifornia. Statistical Abstract; which was referred to the Committee on ·Printing. 
1888. CONGRESSIONAL RECORD-HOUSE. 711 

DISCRIMINATION AGAINST VESSELS. 

The SPEAKER pro tempo1·e also laid before the Honse a letter from 

the Secretary of the Treasury, transmitting, with inclosure, in response 

to a resolution of the 16th January, 1886, in relation to alleged discrimination against vessels and cargoes destined for ports of the United 

States on the Great Lakei, an abstract from the report of the Commissioner of Navigation; which was referred to the Committee on Merchant 

Marine and Fisheries, and ordered to be printed. 

Il\IPROVEJ.\IENT OF BLACK WARRIOR AND OTHER RIVERS. 

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

the Secretary of War, transmitting a letter from the Chief of Engineers 

in relation to the improvement of the Black Warrior, Kentucky, Cumberland, and Alleghany Rivers, and Ludington Harbor; which was referred to the Committee on Rivers and Harbors, and ordered to be 

printed. 

FANNIE B. RANDOLPH AND DORA L. CLARK. 

Mr. THOMAS, of Wisconsin. Mr. Speaker, I ask unanimous consent to take up for present consideration the resolution reported by the 

Committee on War Claims yesterday, referring the claim of Fannie B. 

Randolph and Dora L. Clark to the Court of Claims. 

The SPEAKER pro tempore. The Chair is informed that the resoreferred the joint resolution (H. Res. 65) authorizing the printing of 

2,500 extra copies of the report of the health qfficer of the District of 

Columbia, submitted a report; which was read, as follows: 

The committee have considered the resolution of the Hovse No. 65, being a joint resolution to print 2,500 copies of the report of the health officer of the Dis- trict of Columbia. for the past year, and report as a substitute for said joint reso- lution a. concurrent resolution, as follows: Resol~:ed lnJ the House of Representatives (the Senate c.oncurri11!]}, That there be printed by the Public Printer 2,500 copies of the annual report of the health offi- cer of the Distt·ict of Columbia; 100 for the use of the Senate, 350 for the use of the House of Rept·esenta.tives, and 2,050 for the use of the said health officer. The estimated cost of printing same is $830.50. The approximate cost of the amount of printing previously estimated upon for Congress within the present fiscal year is $566,41.9.50. The committee recommend that the joint resolution do lie on t-he table. 

The concurrent resolution reported by the Committee on Printing 

was adopted. 

Mr. RICHARDSON moved to reconsider the vote by which the concurrent resolution was adopted; and also moved that the motion to 

reconsider be laid on the table. 

The latter motion was agreed to. 

Mr. RICHARDSON. In accordance with the report of the committee, I ask that the joint resolution (H. Res. 65) relating to this subject 

be laid on the ta.ble. 

There being no objection, it was ordered accordingly. lution has gone to the Printer. 

LEAVE OF ABSE~CE. ORDER OF BUSINESS. 

By unanimous consent, Mr. WHITING, of Michigan, was granted The SPEAKER pro tempore. The regular order is the call of comleave of absence for ten days on account of important business. mittees for reports. 

BRIDGE ACROSS STATEN ISLAND SOUND. 

Mr. BELMONT, bynnanimous consent, introduced a bill (H. R. 5929) 

to extend the time for the completion of a bridge across Staten Island 

Sound; which was read a :first and second time, referred to the Committee on Commerce, and ordered to be printed. 

THE READl\fiSSION OF AMERICAN EXHIBITS. 

Mr. BELMONT also, by unanimous consent, introduced a joint resolution (H. Res. 94) for the readmission, free of duty, of exhibits sent 

from the United States to the Paris Exposition of 1889; which was read 

a first and second time, referred to the Committee on Ways and Means, 

and ordered to be printed. 

THE BARK CASHMERE .. 

.Mr. MORROW, by unanimous consent, introducedajointresolntion 

(H. Res. 95) to enable the President of the United States to extend to 

cerb.in inhabitants of Japan a suitable recognition of their hum:1ne 

treatment of the survivors of the crew of the American bark Cashmere; 

which was read a :first and second time, referred to the Com:m,_ittee on 

Foreign Affairs, and ordered to be printed. 

NATIONAL-BANK ACT. 

1llr. DARLINGTON, by unanimous consent, introduced a bill (H. 

R. 5930) to amend section 62 of the act relating to national banking 

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

Committee on Banking and Currency, and ordered to be printed. 

REPORT OF THE COMMISSIONER OF EDUCATION. 

Mr. RICHARDSON. Mr. Speaker, I send up a report from the Committee on Printing, and ask its present consideration. 

The report was read, as follows: 

IN THE HOUSE Oil' REPRESENTATIVES, January 16,1888. 

Resolved by the Hou.se of Representa~ves (the Senate conc1~rring), That of the re- port of the Commissioner of Education for 1886-'87, there be printed 6,000 copies for the use of the Senate, 12,000 copies for the use of the House of Representatives, and 25,000 copies for distribution by the Commissioner. The· committee having considered the concurrent resolution of the House, re- port the same with the recommendation that it pass. The estimated cost of printing the same is $20,371. The approximate cost of the amount of printing 

previously estimated upon for Congress within the present fiscal year is $531,- 099.20. 

Mr. RICF.t..A.RDSON. Mr. Speaker, this is the usual number of this 

report that has been printed heretofore, and I presume there will be 

no objection to the passage of the resolution. 

The resolution was adopted. 

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

laid on the table. 

The latter motion was agreed to. 

REPORT OF HEALTH OFFICER OF DISTRICT OF COLUJUBIA. 

Mr. RICHARDSON. I desire to present another report from the 

Committee on Printing-a resolution to print the report of the health 

officer of the District of Columbia. 

Mr. McADOO. I make the point of order that this is not a privileged report. 

Mr. RIC~RDSON. I do not understand it to be a privileged matter; but th1s IS the usual resolution on this subject, and I think when 

the gentleman comes to consider the question he will not object. 

The SPEAKER pro te:mpore. The Chair did not understand the 

gentleman from Tennessee to present this as a privileged report. 

Mr. RICHARDSON. I did not. 

Mr. McADOO. I withdraw my objection. 

l\ir. RICHARDSON, from the Committee on Printing, to which was I 

SA~IUEL NOBLE. 

Mr. SENEY, by unanimous consent, submitted tbe views of a minority ,of t.he Committee on the Judiciary upo:jj. the bill (H. R. 53) for 

the relief of Samuel Noble; which were laid on the table, and ordered 

to be printed. 

INTERNAL-REVENUE LAWS. 

Mr. HENDERSON, of North Carolina, from the Committee on the 

Judiciary, reported, as a substitute for the bill H. R. 4302, a bill (H. R. 

5931) to amend the internal-revenuelaws, and for other purposes; which 

was read a :first and second time, referred to the House Calendar, and, 

with the accompanying report, ordered to be printed; and the bill H. 

R. 4302 was, by unanimous consent, laid on the table. 

RECOVERY OF INTERNAL-REVENUE TAXES, ETC . 

Mr. COLLINS, from the Committee on the Judiciary, reporred back 

favorably the joint resolution (H. Res. 54) to provide for the recovery 

of internal-revenue taxes and penalties erroneously assessed and paid in 

certain cases; which was referred to the Honse Calendar, and the accompanying report ordered to be printed. 

UNITED STATES COURT AT DULUTH, MINN. 

Mr. COLLINS also, from the Committee on the Judiciary, reported, 

as a substitute for the bill H. R. 1582, a bill (H. R. 5932) to .fix the 

places of holding the terms of the circuit and district courts in Minnesota; which was read a-first and second time, referred to the House 

Calendar, and, with the accompanying report, ordered to be printed; 

and the bill H. R. 1582 was, by unanimous consent, laid on the table. 

LIMIT TO ISSUE OF UNITED STATES NOTES, ETC. 

Mr. LANDES, from theCommitteeonBankingandCurrency,reyorted 

back with amendments a resolution submitted on the 16th instant by 

1\Ir. ANDERSON, ofKansas, requesting from the Secretary of the Treasury 

information relative to amount of United States notes in circulation in 

1878 and since, etc.; which was referred to the Hou.Se Calendar, and 

ordered to be printed. 

CHARLES A. RUFFEE. 

Mr. NELSON, from the Committee on Ineuan Affairs, reported back 

with amendment the bill (H:-R. 2539) for the relief of Charles A. Ruffee; which was referred to the Committee of the Whole House on the 

Private Calendar, and the accompanying report ordered to be printed. 

• ANDREW GLEESO ~. 

Mr. MANSUR, from the Committee on Claims, reported back favorably the bill (H. R. 2592) for the relief of Andrew Gleeson; which was 

referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

WIDOW OF A. S. TUTT. 

Mr. MANSUR, Trom the Committee on Claims, also reported back 

with amendment the bill (H. R. 2595) for the relief of the widow of 

John A. S. Tutt, deceased.; which was referred to the Committee of the 

Whole Honse on the Private Calendar, and the accompanying report 

ordered to be printed. 

JOHN S. BRAXTON. 

Mr. BOWDEN, from the Committee on Claims, reported back favorably the bill (H. R. 613) for the relief of JohnS. Braxton; which was 

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

and the accompanying report ordered to be printed. 

A. C. BRADFORD. 

Mr. TAULBEE, from the Committee on Claims, reported back favorably the bill (H. R. 649) for the relief of A. C. Bradford; which was 
,• 

712 CONGRESSIONAL RECORD-HOUSE. JANUARY 25, 

' 

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

and the accompanying report ordered to be printed. 

ESTATE OF HENRY H. SIBLEY. 

Mr. TAULBEE also, from the Committee on Claims, reported back 

favorably the bill (H. R. 3007) for the relief of the legal personal representatives of Henry H. Sibley, deceased; which was referred to the 

Committee of the Whole House on the Private Calendar, and the ac- companying report ordered to be printed. 

1\fr. KERR, by unanimous consent, submitted the views of a minority of the Committee on Claims upon House bill No. 3007; which were ordered to be printed with the report of the majority. 

TIIO:\IAS A. OSRORN. 

Mr. TAULBEE, from the Committee on Claims, reported back favorably the bill (H. R. 2216) for the relief of Thomas A. Osborn; which was referred to the Committee of the Whole House on the Private Calendar, and the accompanying report ordered to be printed. 

GOTTLOB GROEZINGER. 

l\fr. TAULBEE also, from the Committee on Claims, reported back 

favorably the bill (H. R. 647) r the relief of Gottlob Groezinger; 

which was referred to the Committee of the Whole House on the Private Calendar, and the acCompanying report ordered to be printed. 

CHARLES L. SCUDDER. 

Mr. TAULBEE also, from the Committee on Claims, reported back 

favorably the bill (H. R. 648) for the relief ofCharlesL. Scudder; which was referred to the eommittee of the Whole House on the Private Calender, and the accompanying report ordered to be printed. 

MESSAGE FROM THE SENATE. • 

A message from the Senate, by.Mr. McCooK, its Secretary, announced 

the p:lSsage of the bill (S. 290) to authorize the construction of a railroad, wagon, and foot-passenger bridge across the Mississippi River at 

or near Burlington, Iowa; in which concurrence was requested. 

SELLING LOTTERY TICKETS IN THE DISTRICT. 

Mr. HEMPHILL, from the Comfuittee on the District of Columbi·a, 

reported, as a substitute for the bill H. R. 1839, a bill (H. R. 5933) to .prevent the selling and advertising of lottery tickets in the District of 

Columbia; which was read a :first and second time, referred to the House 

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

House bill 1839 was Jaid upon the table. 

MISSISSIPPI "RIVER l3RIDGE AT BURLINGTO:N, IOWA. 

· 1\Ir. ANDERSON, of Iowa, from the Committee on Commerce, re- ported with amendment a bill (H. R. 2170) t.o authorize the construction of a railroad, wagon, and foot-passenger bridge at or near Burlington, Iowa; which was referred to the Committee of the Whole House 

on the Private Calendm:, and, with the accompanying report, ordered , to be printed. 

NEW YORK INDIAN LANDS, KANSAS. 

The SPEAKER pro tempo1'e. The call of committees for reports has 

been concluded, and bills will now be taken up under the rule for con- sideration. · 

Mr. PEEL. Mr. Speaker, on behalf of the Committee on Indian 

Affairs I call up tor consideration at this time a bill (H. R.. 1406) to 

provide for the selling of certain New York Indian lands in Kansas, 

which has been reported with an amendment. 

The bill was read, as follows: 

A bill to provide for tha sale of certain New York Indian lands iu Kansas. 

Be it enacted by Ote Senate and House of .Representatives of the Unitecl Slates of America in Con{ll'ets assembled, That those persons, being heads of families or single persons over twenty-one years of age, .who have made settlement and improvement upon, and are bona fide claimants and occupants of, either in person or by tenant., the lands in Kansas which were allotted to certain New York 

Indians, and for which certificates of allotment, dated the 14th day of Septem- ber, 1860, for320 acres of land each, were issued to thirty-two of said Indians, shall 

be, and hereby are, authorized and permitt-ed to enter and purchase at the · proper land office, at any time within one year from the passage of this act, said 

lands so occupied by them, in tracts not exceeding 160 acres, according to the 

Government surveys, at 51.25 per acre, payment to be made m cash at time of 

purchase; and the moneys arising from such sales shall be paid int-o the Treas- ury of the United States, in trnst for and to be paid to said Indians, respectively, to whom said certific:1tes were issued, or to their heirs, upon satisfactory proof of their identity to the Secretary of the Interior, at any time within five years 

1 from the passage of thls act; and in case such proof is not made within the time 

specified, then the proceeds of such sale, or so much thereof as shall not have 

been paid under the provisions of this act, shall become a part of the public 

moneys of the United States. 

SEc. 2. That any lands not entered Ly such settlers at the expiration of twelve 

months from tl.te passage of this act shall be offered at public sale, in the usual manner, at not less than $3 per acre, notice of said sale to be given by public 

advertisement of not less than thirty days; and any tract or tracts not then sold 

shall be thereafter subject to privat-e entry at $3 per acre. SEc. 3. That all acts and parts of acts inconsistent herewith are hereby re- pealed. 

The amendment of the committee was read, as follows: 

Lines 15 and 16, first section1 strike out "one" and insert "two," and strike out "twenty-five" and insert' fifty." 

Mr. PEEL. Mr. Speaker, this bill has been before the Committee on Indian Affairs both in the Forty-eighth and Forty-ninth Congresses. 

It received as thorough invest'lgation at that time and during the present Congress as it was possible to give it. The only question which I 

undemtand has been debated, or, in other.. words, the only question about 

which there has been any difference, is in regard to the amount the settlers should pay for securing title to these lands. The original rates 

of other settlers siJnilarJy situated was one dollar and a quarter per 

acre; and a great many persons thought that was all these settlers should 

pay, as the history of this case shows conclusively that these settlers 

went on these lands in good faith and they were allotted to these Indians. When it was discovered that thirty-odd Indians were entitled 

to allotments the commissioners appointed to make these allotments 

saw proper to allow the Indians to make selection of these lands. They 

did not take possession of them at the time, and they have never been 

in possession of them. The title of the land has remained in this condition ever since. It is manifest to the committ-ee that it is impossible to place these Indians in possession, because they can not be found, 

and the only way which their legal representatives can get any benefit is in the way here provided, that the land shall be sold and the 

money distributed to these Indians, if they shall be discovered, or to 

their legal representatives. 

The price fixed below which these lands shall not be sold is $2.50 

per a-cre. Under the circumstances the settlers upon these lands occu- pied them without paying taxes, and yet, as there has been a cloud over their titles, perhaps the detriment which they have suifered balances 

the amount which they were saved in the payment of taxes. 

I now yield to the gentleman from Kansas [Mr. PERKINS] who bas 

charge of the bill. 

Mr. PERKINS. Mr. Speaker, members will remember that this is 

the bill called to the attention of the House on yesterday. I think 

there was some misunderstanding then as to its character. As I then 

stated there were origiq,aJ.ly in this tract ofland 1,824,000 acres. The 

Government in 1838, by treaty with the New York Indians, some of 

whom were in the State of New York and some in the State of Wisconsin, provided that these Indians might remove west of the Mississippi River and occupy this reservation. They were given :five years 

in which to do that, but few availed themselves of the benefits accruing to them under the treaty, and hence never occupied these lands. 

In 1858 the then Secretary of the Interior decided, as these lands had 

not been occupied by these Indians, they were public lands, and re- stored them to the public domain. After this decision by the Secretary 

of the Interior representations were made to him that a few Indians 

had gone there within the five years, and in 1860 two commissionen, 

went to Kansas and investigated the facts, and these commissioners 

found thirty-two Indians had gone there in time to entitle them to the 

provisions of the treaty,' and !_!nder instructions from the Indian Office 

these commissioners allotted lands to these thirty-two Indians and permitted them to make selection where they pleased within the boundaries 

of this tract of 1, 824,000 acres. · Settlers for years had been coming in and occupying these lands, recog- nizing the fact that the Indians had not occupied them in pursuance of 

the treaty; and so in 1860 when the commission went out to allot the 

lands they made a report showing that they could only :find thirty-two 

Indians who had gone there in keeping with the provisions of the t.rea ty, 

and who were entitled to allotments. 

The allotments were made to them, but according to the evidence in 

almost all, and perhaps in every case, the thirty-two Indians made se- lections of lands alrea,dy occupied by settlers. Notwithstanding that 

occupancy, they were permitted to make their selections, and as are- sult, from that time to this they have not been able to-get possession, 

because the settlers have been upon them all of these years. 

The remainingportionsofthereservation were sold to settlers at $1.25 

per acre. To these thirty-two Indians 320 acres each of the lands were allotted, making the total of 10,240 acres. In 1873, if! remember cor- rectly as to the date, when Judge Lowe, of Kansas, was in Congress, he 

secured the passage of a bill for the appraisement ,Of the lands and their 

sale to the settlers under that appraisement. Under that act the lands were appraised, the rate being fixed at an average price of a little more than $5 an acre. The settlers thought it was an imposition upon them 

and a hardship to burden them with such an assessment, and they declared that they could not accept it; and hence but eight of the settlers 

accepted their lands under that appraisement. 

These eight were taken and. paid for at the appraised price, but the 

remaining lands were not taken; hence there are now but 9,335 acres remaining of the original allotment, occupied by some 75 or 100 settlers, and as they have been qccupied all these years under these circumstances, the only question now, as it has been the only question 

for years, is what should the settlers be permitted to ta,ke the lands 

for? 

Some think, and perhaps the gentleman from Louisiana [Mr. BLANCHARD], who in the Forty-seventh Congress was on the Committee on Indian Affairs, will argue, that they ought to be compelled to pay that 

appraised value. But the settlers, as I have said, think it a hardship 

and a burden upon them, and I think myself that they ought not to 

be compelled to pay that price, as it is their labor and industry that 

bas made them valuable. 

It undoubtedly would be a hardship upon them to make them pay 

the appraised value when their neighbors and all those surrounding 

them in that region got their Jands at $1.25 an acre, and hence I 

:fixed that price in the bill introduced by me at the beginning of thr · 
1888. CONGRESSIONAL RECORD-HOUSE. 713 

session. But the committee thought as they had possession of the lands 

for twenty-five years wHhout paying taxes, although embarrassed by 

the fact that they could not get a title, that they should pay at least 

$2.50 an acre, and the bill was reported in that shape to the House, providing that on the payment of that sum they could secure their titles. 

Now, I know that is entirely satisfactory to the Indians. During all 

the years that this bill has been pending here not a single objection, 

not a single protest, bas been made by a single Indian or the beneficiaries of that treaty to the proposed legislation. I challenge any 

member of this House to say if he bas ever had his att.ention called to 

any protest or any word in opposition to the~ passage of the bill. In 

the Forty-seventh Congress, Mr. Cobb, who had been formerly a mem- ber· of Congress from Kansas, was before the Committee on Indian Affairs as the attorney for these Indians, and he represented to the com- mittee that they would be glad to take $2.50 an acre and have the 

matter definitely settled. In this same connection I might sa.y that 

last year a man visited me at my home in Kansas and wanted to know 

if in my judgment it would be possible to secure the passage of a bill 

through Congress authorizing the allottees of this land to transfer and 

sell their allotments to others, and he said that if such a bill could be 

secured he could get the lands for $1 an acre, and the Indians would be 

glad to take that amount. I said to him, however, that in my judgment Congress would not consent to the passage of any bill which did 

not protect the settlers in the occupation of the lands. 

Mr. WEAVER. Let me interrupt the gentleman to ask him a question. I want to caU his attention to the second section of the bill as reported by the committee, which provides that if the settler does not 

pay $2.50 an acre, which is $400 for the quarter-section, inside of twelve 

months from the date of the approval of the bill, he ca.n be sold out. 

In other words, it compels him to raise the $400 within twelve months, or else subjects him to the penalty of being sold out of his home; and 

I wish to ask the gentleman in that COI\llection whether he does not 

think that feature ought to be stricken from the bill? 

Mr. PERKINS. I think myself it is a very harsh provision. But 

the sense of the committee was that some such provision should be incorporated into the bill, as it was feared the settlers might not avail 

themselves of the provisions of the bill, and by not paying for the lands 

the Indians would get nothing. 

Mr. WEAVER. Why wo~d it not be more equ1table to let the settlerS pay for the lands at $1.25 per acre, in four equal annual installments? 

Mr. PERKINS. I think myself that would be better. - Jlrfr. WEAVER. I think it would be satisfactoryto' theindians, too, 

because they are not pressing for the money. In fact, they are difficult t~ :find. You would probably have to get out a search-warrant 

for the Indians to find them and get them to take the money, which 

would otherwise, under the provisions of this bill, be left lying idle in 

the Treasury of the United States. 

Mr. PERKINS. My bill, which I introduced at the opening of the 

session, was intended to accomplish what the gentleman suggests. H 

has been the policy on the part of Congress to allow settleffi under the 

operation of the homestead law to acquire title to their homes after 

they have lived upon the lands for five years, without the payment of 

any money except land-office fees. 

But here are settlers who have been living on these lands in good 

faith for thirty years, and who are willing to pay a dollar and a quarter 

per acre for them, or, if necessary, two dollars aBd a half, as is proposed 

in this bill, and yet gentlemen are not satisfied_ 

Mr. WEAVER. Is it true they have had these lands all these years 

without paying taxes? _ 

- 1r1r. PERKINS. That is true; but as I suggested to the committee, on the other hand there has been a cloud on their title, on their occu- pation, and they have been greatly embarrassed thereby. 

Mr. WEAVER. That was not their fault. 

Mr. PERKINS. Certainly not. _ 

Mr. McADOO. May I ask the gentleman from Kansas one or two _ questions? 

1\Ir. PERKINS. Certainly. 

Mr_ McADOO. How many of these Indians are in Kansas, or where are they? _ Ur. PERKINS. A few ·of them are in the State of Kansas, but the 

most of them that are living are in the Indian Territory. 

Mr. McADOO. I will ask the gentleman further why the Government did not remove the settlers and enfore the selection made by the 

Indians. 

Mr. PERKINS. For the reason suggested a moment ago, that the 

settlers were in possession when the lands were allotted to the Indians, 

and they have been occupied by settlers, and the Indians have· never been able to get possession. 

Mr. McADOO. Why did not the Government enforce the rights ot 

the Indians and put the settlers off the lands? 

Mr. PERKINS. Perhaps the gentleman can answer that question as well as I can. In the first place, since the first organization of Kan- sas as a State we have had what is known as the occupying-claimants 

act. This law provides that settlers under the circumstances of these can not be evicted until they are paid for the improvements they have 

made. These Indians have never been in a condition to put these settlers out and pay them for their improvements, nor could they in any 

way establish their right to the land in any court of justice. · Mr. WEA. VER. May I ask the gentleman another question? 

1'rlr. PERKINS. Yes, sir. 

Mr. WE.A. VER. Is there not this other rea-son, that these were improved lands, but the Indians desired to take the improvements as well as the lands, and thus work great hardship to the settlefF!? 

:Mr. PERKINS. Undoubtedly. 

Mr. McADoo rose- Ur. PERKINS. Then, again, ifthe gentleman from New Jersey will 

permit me to suggest, the Indians have never desired to occupy these 

lands a-s farmers; -tbey have not cultivated them or any lands allotted 

to them in Kansas. They have not desired them for purposes of cultivation, but of course they desired to secure for them what was possible in a pecuniary way. 

Mr. WEAVER. Will the ge-ntleman permit me to ask him another 

question? 

Mr. PERKINS. With pleasure. • Mr. WEAVER. I understood the gentleman from Kansas to say 

that theRe lands were opened to settlement by the Interior Department. 

:i\Ir. PERKINS. Yes, sir; in 1858 they wer~ declared to be public 

lands. 

Mr. WEAVER. And it is under that declaration these settlers are occupying these lands? 

Mr. PERKINS. Under that decision settlers poured in from Missouri and all the adjacent States and settled, upon those lands; but 

they were not open t~ settlement by proclamation until September, 

1860. 

:Mr. WEAVER. But they settled there after the decision of the Interior Department? 

Mr. PERKINs.· Yes; they settled there after that decision, although settlers had been going there before; because it was the settlers 

there who brought the attention of the Secretary of the Interior to the 

fact that those lands were not occupied by the Indians. 

Mr. WEA. VER. Then the settlers took the same view as the In- · terior Department? · 

Mr. COBB. But there was no law authorizing them to settle there. 

They had not been opened to settlement·. - . Mr. PERKINS. But prior to this allotment the Secretary had de~ 

clared those lands public lands. 

Mr. McADOO- May I ask the gentleman another question? 

Mr. PERKINS. Yes, sir. . Mr. McADOO. Is it not the fact that the allotment to the Indians was made prior .to 1858? _If not, when was it made? 

Mr. PERKINS. The allotments were made in 1860. The decision 

of the Secretary _of the Interior made in 1858. was that they were public Jands; that the Indians had not acquired them in accordance with 

the treaty. In 1860 two commissioners were sent out there and investigated, as I have suggested, the facts; and in September, 1860, the 

Secretary of the Interior issued the proclamation opening the lands to 

settlement. 

Mr. WEAVER. I desire to askthe gentlemanfrom Kansas another 

question. Was there not plenty of unoccupied land in the same res- ervation, which these Indians might have taken? 

l\1r. PERKINS. Undoubtedly there was at that time much vacant 

land within the boundaries of the proposed reservation. 

:M:r. COBB. I hope the gentleman from Kansas will make the House 

understand that prior to the opening of these lands to settlement there was no law under which these settlers could acquire any right on the 

lands on which they settled. 

Mr. PERKINS. Except the usual right of settlers going on Ia.nds 

not yet thrown upon the market, and settling or s_g_uat·ting on them. 

Mr. WEAVER. That has been the custom for many years. 

Mr. COBB. And is it not a fact that after the lands were opened to 

settlement the right of these Indians was reserved? 

1\fr. PERKINS. There was no reservation; bn t after the lands were declared to be public lands these allotments were made. - Mr. COBB. These allotments had been made to the Indians before 

the settlers had any rights on those lands. · Mr. PERKINS. They were made before the proclamation of the 

Secretary of the Interior was issued opening the lands to settlers, but 

after the decision that they were public lands, and after, under that decision, hundreds of settlers had located upon them. 

Mr. COBB. There is no doubt that at the time the proclamation was made opening the lands to settlement these men were mere squatters. 

Mr. PERKINS. I do not concede that. r Mr. COBB. And furthermore, after these allotments were made to 

the Indians, as the gentleman stated the other day, and they failed to 

get possession of the lands which had been allotted to them because of 

the obstructions placed in their way by the settlers,. these settlers, 

fTom that time to this, have occupied these lands, and have enjoyed 

all the benefits of them without paying one cent of taxes either to the 

State or to the General Government; and upon these consideratiot;lS 

the committee thought that $2.50 an acre was a very low price. 
·-

714 CONGRESSIONAL RECORD-HOUSE. JANUARY 25, 

1\:fr. PERKINS. Yes; that was the position of the committee, as I 

have already stated. -

Mr. BUCHANAN. Will thegentlemanfromKansas permit a question? 

Mr. PERKINS. With pleasure. 

l\1r. BUCHANAN. Does this bill affect any lands outside of these 

thirty-two allotments? 

Mr. PERKINS. Not at all. 

Mr. BUCHANAN. Are these allotments occupied by aetual settlers, 

or are they part of some large cattle ranch? 

Mr. PEHKINS. Oh, no; they are twenty-four pieces or more ofland 

scattered promiscuously through the county wherever the allottees chose 

tu.make their selections. They are not contiguous parcels of land. 

Mr. McADOO. Will the gentleman yield to me for a few minutes? 

Mr. PERKINS. I want to yield some time to the gentleman from 

Louisiana [Mr. BLANCHARD], and I wish, if possible, to have the bill 

disposed of within the hour. 

Ur. BLANCHARD. I wish to say to the gentleman from Kansas 

[Mr. PERKINS] thaft I must have time to present this matter fully: 

I made a minority report upon it in the Forty-seventh Congress, and I 

wish time now to lay the subject fully before the House. 

Mr. PERKINS. I shall give the gentleman whatever time he wants. 

I yiel~ now, Mr. Speaker, to the gentleman from New Jersey [Mr. McADoo]. 

Mr. McADoo rose. 

Mr. RANDALL. Mr. Speaker, Idesiretodirecttheattentionofthe 

gentleman from Kansas [Mr. PERKINs] to this point. The friends of. 

this bill control the hour, and they give notice that they want to pass 

the })ill before the close of the hour. I submit, therefore, that there 

should be some arrangement by which half the time may be put under 

the control of gentlemen who do not favor the bill. 

Mr. PERKINS. I am going to yield to the gentleman from Louisiana [Mr. BLANCHARD], who, I understand, is oneofthosegentlemen. 

Mr. RANDALL. But one-half the time ought to be given to the 

other side as a matter of right. · 

l\fr. PERKINS. Unless too much time is occupied with questions, I 

am willing that those who oppose the bill shall have twenty minutes. 

Mr. RANDALL. This is an i.tnportant bill, and the opponents of it 

have a right to as much time as the advocates of it, in order that members of the House may judge, upon the merits of the bill, whether they 

ought to vote for it or not. 

M:r. PERKINS. I wish so say to the gentleman from Pennsylvania 

that, in my judgment, there are no gentlemen upon this floor who are 

opposed to the bill. The only question in controversy is the question 

of price. 

Mr. RAJ\TDALL. The gentleman may be mistaken in that, and 

there may he a great deal more opposition when it is fully discussed. 

Mr. PERKil~l::3. Well', the only point, so far as I know, about which 

any question has been raised among those who have given the bill attention, is the question of price. 

Mr. WEAVER. And the question of penalty also. 

111r. PEEL. I sugg~ to my colleague [Mr. PERKINS] that he inquire of the Chair how much of the time has been consumed. 

l\fr. PERKINS. Yes, I will ask the Chair how much of the hour 

remains. 

The ::5PEAKER pro temv.ore. There are thirty-three minutes remaining. -

Mr. PERKINS. Does the Chair take into consideration the time we 

have been waiting to get order? 

The SPEAKER pro tempore. The Chair takes everything into consideration. 

Mr. PERKINS. I do not think we ought to be charged with that 

time. I will ask those who are opposed to the bill if twenty minutes 

will be sufficient for them? 

:Mr. BLANCHARD. I will state to the gentleman from Kansas [Mr. 

PERKINS] that twenty minutes. will not do, because I hold in my 

hands and desire to have read by the Clerk the reports made by Mr. 

Schurz, when he was Secretary of the Interior, and by the then Commissioner of Indian Affairs, which throw an entirely different light on thi3 

question from that in which it is presented by my friend from Kansas. 

In order that these two reports may be read to the House it will be 

necessary that I shall have more time than twenty minutes. 

]')1r. PERKINS. Well, ifthegentleman desires to have those reports 

read, let them be read as a portion of his remarks, and then if it becomes necessary to extend the time we will do so. The only reason I 

made the suggestion about twenty minutes was that I thou~ht it was 

desirable to dispose of the bill within the hour, if possible. 

Mr. RANDALL. You have an hour to-morrow. 

Mr. PERKINS. I know; but I thought we had better dispose ofthe 

bill to-day if we could. I yield now to the gentleman from Louisiana 

(Mr. BLANCHARD). 

The SPEAKER pro te:mpore. How much time does the gentleman 

yield? 

]')Ir. PERKINS. ·I yield twenty minutes, and if it becomes Peces-

~ry we will extend the time. 

Mr. BLANCHARD. Mr. Speaker, there is a side to this question 

other than that which has been presented. It is the side of the Indian, 

who has no direct representative upon this floor. I happened to be a member of the Committee on Indian Affairs in the Forty-seventh Congress, before which committee this question was brought. I was appointed a subcommittee to take it into consideration, and did so, and 

made a report to the full committee, recommending the passage of a 

vastly different measure from the one which is now before the House. 

The full committee did not adopt my views, but reported a bill to this 

B;ouse somewhat similar to the one now under consideration. Myself 

and others dissented, anu the gentleman from Mississippi, Colonel 

HOOKER, and Mr. JONES, of Arkansas, joined me in a minority report 

which I now hold in my hand. 

Mr. Speaker, a bill should be passed by Congress directing the &lle 

for the-benefit of these Indians of these lands in Kansas, which now for 

more than twenty years, pm·haps as long as thirty yen.rs, have been in 

the possession of the present settlers, who have paid no taxes upon them 

and paid no rents to these Indians, and who now seek through the instrumentality of this bill to get these lands at one-fourth of their actual 

cash value to-day. 

This matter, sir, relates back as far as 1838, when a treaty, a formal, 

binding treaty, on behalf of the Government of the United States was 

made with what were called theN ew York Indians. That treaty provided that for each Indian 320 acre.s of land west of Missouri should be 

set aside, to be held in fee-simple by patent from the President, in conformity with the provisions of the third article of the act of May 28, 

1830. The treaty was carried into effect; and 320 acres of land were set 

apart to every one of these New York Indians whose identity could be 

established, thirty-two in number. The remainder of the land so set 

apart by this treaty was ordered to be sold and was sold. 

In 1873 a law was passed by Congress directing that the lands owned 

by the thirty-two Indians should be appraised, in order that, as the 

Indians did not occupy them, and did not desire to occupy them, the 

lands should be sold for their benefit. Under that law of Congress these 

lands were appraised by a board appointed by the Secretary of the Interior; and I hold the report of the board in my hand. 

Now, Mr. Speaker, bearing in mind that this bill directs that these 

lands shall be sold to these settlers at the paltry price of $2.50 per acre, 

I call the attention of the House to the fact that when these lands were 

appraised, as long ago as 1873, not an acr~ was appraised at les.'i than 

$3. 75; and a portion was appraised as high as $10 an acre. 

.M:r. WEAVER. Will the gentleman yield one moment? 

Jvir. BLANCH·ARD. Yes, sir. 

Mr. WEAVER. That is in consequence of the settlement in Bourbon County, where Fort Scott is situated.; and the Indians never improved that county; they never built up Fort Scott-never contributed a dollar in that way. 

Mr. BLANCHARD. I did not yield for a statement, but for a question . 

.M:r. Speaker, it makes no diffe1·ence whether these Indians contributed to the improvement of the county in the way the gentleman speaks 

of or not. The fact remains that by the solemn ad of the Government 

of the United States these lands in the State of Kansas were set apart 

to these Indians. They or their heirs are in existence to-day, and every 

consideration of justice and equity demands that they should receive 

an adequate price for the lands. The object of this bill is to take away 

these lands from the Indians and give them to the settlers who have 

occupied them for upwarO. of twenty years without payment of rent or 

taxes, at a price that is hardly one-fourth of what they are worth. 

Mr. COBB. The gentleman will allow me to ask whether the appraisement to which he has referred does not include the value of the 

improvements put upon the land by the settlers? 

Mr. BLANCHARD. I do not so understand. It is the appraised 

value of the lands, without the improvements. These settlers, I have 

no doubt, have paid taxes upon their improvements, but not upon the 

value of the land, because since 1838 the lands have been set apart to 

these Indians. 

Mr. PERKINS. Surely the gentleman does not mean to make that 

statement. · 

Mr. BLANCHARD. I make it upon the authority of the Indian 

Commissioner. 

Mr. PERKINS. The allotments were not made to these Indians 

until1860. 

Mr. BLANCHARD. Well, I may be mistaken as to the time, but 

the fact remains that the equitable interest in fee in these lands is in 

these Indians, and, as the gentleman concedes, has been since 1860. 

They have been deprived of the possession of the lands and the rents 

to which they were entitled; and all this time the settlers, for whom 

gentlemen here are so solicitous, have enjoyed without charge the occupancy of the lands. Now, I appeal for justice to these Indians. The 

Congress of the United States can not afford to do injustice to them 

ander the terms of the treaty of 1838. , Mr. Speaker, a bill on this subject o~ght to pass, but not the one recommended by the Committee on Indian Affairs. We should rather 

adhere to the recommendations of Secretary of the Interior Schurz and 
1888. CONGRESSIONAL RECORD-HOUSE. 715 

the Commissioner of Indian .Affairs, Mr. Hayt, under him. I haye 

prepared, and at the proper time will offer, an amendment to make 

the bill conform to the recommendations of the Indian Bureau and do 

substantial justice to the Indians. 

.Mr. WEAVER. Do I understand the gentleman to say that the 

fee of these lands is in these Indians, and has been since 1860? 

~Ir. BLANCHARD. .An equitable interest in fee. 

l\ir. Speaker, some of these Indians went to Kansas at the time the 

lands were set apart to them, but there was a feeling of hostility there 

aga.inst them, and it was not safe for them to remain upon the lands. 

It was not safe for the Indian to remain there wlilen the white man 

wanted tbe land, so the Indian left. 

Mr; PERKINS. Does the gentJeman wish to be understood as saying that settlers went to Kansas as early as 1838 and occupied these 

lands? 

Mr. BLANCHARD. No; but about 1860. 

I have as much feeling for bona fide settlers as any man on this floor; 

but I submit that the settlers upon these lands went there with tb.eir 

eyes wide open to the situation, knowing that the lands belonged to 

these Indians, and therefore they settled upon them at their own 

risk. 

Mr. Speaker, I send up to be read as part of my remarks a letter to 

the Committee on Indian Affairs, by My;. Schurz, when Secretary of 

the Interior, covering a report made to him by Mr. Hayt, Commissioner of Indian Affairs. This letter and report throw a flood of light 

upon this question, and show that what is attempted izt this bill will, 

if perpetrated, be a wrong and injustice to the Indians. 

Mr. HENDERSON, of Illinois. Will the gentleman permit me to 

ask him a question? 

l\Ir. BLANCHARD. Certainly. Mr. HENDERSON, oflllinois. The gentlemen saysthefeeoftbese 

lands is in the Indians. Now, the question I wish to ask him is, whether 

the patent to these lands ever was issued to any of these Indians? 

1\Ir. BLANCHARD. The whole question is p1·esented in the letter 

of the Secretary of the Interior and the report of the Indian Commissioner. 

Ur. HENDERSON, of Illinois. I do not see how the fee could be 

in these Indians unless the Government bad issued a patent or conveyance to them of this land. If that be so, that the Government did issue a patent to them, then it-presents a different case. The Clerk read as follows: 

DEPARTME:r.""T OF THE INTERIOR, 

lVasltington, D. C., .ApriL 6, 1878. 

Sm: I have the honor to acknowledge the receipt of your letter of the 8th Jan- uary last, transmitting-, for the consideration of the Department, bill H. U. 1177, entitled "A bill for the sale of certain New York: Indian lands in Kansas." The fhst section of the bill in question enacts that "those persons, being heads of families or single persons over twenty-one years of age, who have made set- tlement and improvement upon, and are bona fide claimants of and occupants 

of, either in pe1·sun or by tenant, the lands in Kansas which were allotted to certain New Yorkind ians, and for which certificates of allotment, dated the 14th day of September, Ul60, for 320 acres of land each, were issued to thirty-two of said Indians, shall be, nud hereby are, authorized and permitt-ed to enter and purchase, at the proper land office, said lands so occupied by them, in tracts not exceeding 160 acres, according to the Government surveys, on paying therefor in lawful money of the United States at the rate of $2.50 per acre; and patents shall issue thel'flfor as in other cases." By article 2 of the treaty of January 15,1838, with the New York Indians t7 Sto.t.,550), the United States agreed to set aside for the New York Indifl.ns, then residing in the State of New York, or in Wisconsin, or elsewhere in the United 

States, who have no permanent homes, a. tract of land situated directly west of the State of Mis ouri, containing 1,824,000 acres; being 320 acres for each soul of said Indio.ns, as their numbers are at present computed. Said lands were to be patented in fee-simple to the tribes or bands by patent from the President of the United States in conformity with the provisions of the third section of the act of Mir.y 28,1830 (4 Stat., 411). The United States further Q.greed to set aside the sum of $!00,000 as a. fund to provide for the removal of the New York Indians to the landsmention!M; which 

agreement was never fulfilled. • As early, however, as 1842, members of certain tribes in the State of New York and elsewhere, who thought themselves entitled to the lands under the provis- ions of the treaty, removed to the country west of the State of Missouri and settled therein; and from time to time others followed them, until a consider- able number of Indians, as will be ::;een from census lists on file in the Indian Bureau, were found to be occupying these lands. From death a.nd the hostility of the settlers who were drawn in that direction by the fertility of the :,oil and other advantages, all of the Indians gradually re- linquished their selections, until9fthe Indians who had removed thither from the State of New York: only thirty-two remained in 1860. The lands had been surveyed in the meanwhile, and unde1· the instructions of the Department of the Interior a commission was appointed to determine cer- tain points in t·elation to the allotments of lands to such Indians as might be entitled to the same under the treaty prior to giving, to such as might be found entitled thereto, evidences of their right to occupancy which should secure to them the tracts upon which they were living and be such identification thereof as would settle dispute in the future if under subsequent legislation perfect title should be provided, the treaty not granting the right to issue patents to indi vidual lrodians. In accordance with the request of the Commissioner of Indian Affairs, based upon the report of the commissioners, the Department approved of the selec- tions of the thirty-two Indians in question, and, on the 14th of September fol- lowing, certificates of allotments were issued to each of said reservees. In 1858 petitions from settlers in Kansas were presented to the Department 

asking that the lands be opened to settlement, and in December, 1860, the lands known as the New York Indian lands in Kansas, e.:x:cepting those allotted, were accordingly opened to settlement. But a short time eh~opsed, however, before troubles between the settlers and the Indians were of constant occurrence, and in 1873, when the act of February 19 1873 (17 Stat., 466), was passed, the commissioners appointed thereunder to a~ 

praise the lands of the thirty-two New York Indians stated in their report that 

none of the allottees were to be found upon the lands. The files of the Indian Office show abundant proof that they did not volunhuily relinquish their oc- cupation. 

Be this question as it may, the act of February L9, 1873, fully recognized the right of the Indians or of their heirs to the proceeds of the lands; and applica- tions are now before the Department, which when perfected will call by legal representation forne.."l.rly all of the proceedsofthe allotments oflands in question. 

By the act of February 19, li:S73, provision was made for the benefit of certain settlers upon and occupants of certain Indian lands in Kansas, permitting such settlers to enter and purchase at the proper land office said lands so occupied 

by them, in tracts not exceeding 160 acres, according to the Government sur- veys, on paying therefor in lawful money of the United States the appraised 

value of said lands I'espectively, to be ascertained by three disinterested and competent appraisers, to be appointed by the Secretary of the Interior, who shall examine in person each tract and report under oath its value, exclusive of all improvements; and patents shall issue therefor as in ot.her cases, but no sale shall be made under this act for less than $3.75 per acre. All entries under this act were required to be made within two years from the promulgation of the necessary regulations for the sale of the lands. This act was amended by the act of June 23, 1874 (18 Stat., 273), extending the time in which payments for said lands were to have been m ade. Some of tho parties, settlers upon these lands, have paid in full, and upon all of t11e lands valuable improvements have been made. Some of those who 

have p a id for their lands occupied those assessed at the highest valuation. No reason is given why in all these years, froml860up to the present time, those who are delinquent have failed under the favorable terms of occupancy to make the payments required, under the obligation willingly assumed by them. 'l'he thirty-two lfi'tiians in question, each having located, by certificate of al- lotment, the particular quantity of land which they were severally entitled to receive under treaty stipulations, were, through no fault or negligence on their part, subsequently ousted from the possession of such lands by the encroach- ments of the settlers. In this view of the case, and in view of the fact that treaty stipulations and legal enactments have secured to such of these allottees or their heirs as may now be living the benefit.<> of the proceeds of these lands, and applications are now on file before the India.n Office for nearly all the proceeds of the claims covered 

by the thirty-two allotments, I am not prepared to entertain the proposition contained in the bill presented, or to recommend t~ Cong1·ess, after considera- tion of the liberality already extended by the Government to these settlers, any action looking toward a reduction of the sum which seems so justly due to the In(lians. 

The true test of the value of the lands in question would be their price in open market at a cash sale, and it is believed that if they were so offered the question of payment would be speedily settled. I am, however, disinclined to advocate any measure which would seem to bear harshly upon the settlers, and have therefore concluded to recommend fur- ther time for payment, with the distinct understanding, on the part of those in possession of the lands, that payment on the terms fixed must be promptly made to avoid forfeiture. 

Very respectfully, 

C. SCHURZ, Secretary. 

Hon. D. C. HASKELL, 

House of Rqn·esentatives. 

The SPEAKER p1·o tempore. The gentleman's time has expired. 

Mr. BLANCHARD. I desire more time. 

1\ir. PERKINS. I will yield to the gentleman five minutes more. 

Mr. BLANCHARD. I do not think this matter should be hurried 

through. Mr. WEAVER. I want to be beard myself on this bill. 

Mr. BLANCHARD. I do not understand that I am limited in time. 

Mr. PERKINf:-5. I will yield to the gentleman from Louisiana ten 

minutes more. l\lr. BLANCHARD. I have had read only the letter of the Secretary 

ofthe Interjor, Mr. Schurz. What goes more int.o detail on. this subject is the report of E. A. Hayt, Indian Commissioner, to the Secretary 

of the Interior, and I ask that his report be printed in the RECORD with 

my remarks. · 

There was no objection, and it was ordered accordingly. 

The report is as follows: 

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, 

Washington, .bla1'ch 29, 1878. 

SIR: I am in receipt, by reference from the House Committee on Public Lands, of bill H. R. 1178, providing for the sale of certain New York Indian lands in Kansas, and requesting the views of this office on the same. I am also in receipt, by your reference for :report, of a letter from the Hon. D. C. Haskell, dated January 18, 1878, inclosing a. copy of the same bill, andre- questing the views of this office thereon. In connection therewith I have the honor to report that, by the second article of t\te treaty of January 15, 1838, with the New York: Indians (7 Stat., 550), the Unit-ed Stat-es a.greed to set aside for the New York Indians, then residing in Wisconsin and New York, a certain tract of land, west of Missouri, cont.duing 320 acres for each of said Indians, to be held in fee-simple, by patent from the President, in conformity with the provisions of the third article of the act of May 28, 1830 (4 Stat., 411), the proviso to which declares that "such lands shall revert to the United States if the Indians become extinct or abandon the same." The treaty vested the Indians with full power and authority to divide said lands, in severalty, among the difl'erent tribes and bands, and to sell and con- vey the sa.me among each other, under such regulations as they might adopt. Indians not accepting and agreeing to removing within five years, or such other time as the President may from time to time appoint, to "forfeit all interest " in "the lands so set apart to the United States." Under t-hese provisions thirty-two New York Intlians removed to andre- mained in the Territory now embraced in the State of Kansas prior to June 16, 

1860, at which time the honorable Secretary of the Interior approved to them selections of 320 acres ~ch, for which, on the 14th of September, 1860, certificates of allotment were issued to each of said reservees, the certificates specifying that the selections were for the exc1ush·e use and benefit of the t·eservees, and were not subjected to be u alienated in fee, leased, or otherwise disposed of, ex- cept to the United States." By an act approved February 19,1873 (17 Stat., 466), Congress authorized ~ucll 

actual settlers as were then residing thereon to enter and purchase said laqds in tracts of not exceeding 160 acres, at an appraised value of not less than $3'.75 per acre, to be ascertained, under the direction of the Secretary of the Interior, 

by three appraisers appointed to value the same, the funds arising from t~e 

sale to be })aid into the Treasury of the United States, in trust for sue~ of sa1~ 

New York Indians or their heirs as might, within five years, establiSh the.Lr 

identity; and in absence of such proof within the time specified, the proceeds 
•, 

716 CONGRESSIONAL RECORD-HOUSE. JANUARY 25, 

cf the sales to become a part of the public moneys of the United States: "P·ro- vtded, That any Indian to whom any of said certificates was issued, and who is now occupying the land allotted thereby, shall be entitled to receive a patent therefor." 

.All entries under this act were required t-o be made within two years from the promulgation of the necessary regulations for the sale of the lands. This act was amended by the act of June 23, 1874 (18 Stat .• 273), so as to allow the payments to be made in two annual installments, the first payments to be made on or before the 30th day of September, 1875, and the remainder wit-hin one year thereafter, with interest at 6 per centum per annum. The commissioners appointed under the act of 1873 to appraise. the lands re- ported on the 26th of July, 1873, that none of the thirty-two New York Indians were living on the lands at that time or at the date of the act, but that ~11 of said lands were then occupied by actual settlers, whose names were given m there- port opposite the description of the tract on whtch they had respectively made settlement. The lands were valued by the appraisers at an average of $4.9076 per acre, and their report was approved by the Department September 30, 1873. Instructions were issued by the Sec1·et.nry under the same date, directing that the lands should be sold under the ins1 ructions of the General Land Office by the district land officers, who were direoted to notify the settlers ent.itJed to purchase 

by published advertisement of a general character, in a newspaper published in the vicinity of the land, that payment would be required within two years. In pursuance of these instructions, as it appears from a letter of the honorable Commissioner of the General Land Office, dated July 3,1877, the following sales have been made: First. From N. t section 26, 23 S., 25 E., allotted to Joseph Johndroe, there has been sold, at $5 per acre, cash, to Benjamin Brown, the N E. t of said section; 

consideration, 1!800. Second. From N.l section 27,23 S., 25 E., allotted to Margaret Johndroe, there has been sold, at $5 per acre, cash, to Nathaniel Oates, the S. t NE. t; considera- tion, $400. Third. From the S. ~of said section 27, allotted to Michael Gray, there has been sold, at $4.50 per acre, cash, to Nathaniel Oates, theN. t of SE. t; consider- ation, $360. Fourth. From W. i- section 4, 24 S., 25 E., allotted to James Scrimpsher, there has been sold, at $4.75 per acre, cash, to S. McEwing, theN. t ofSW. t; consid- eration, $380. Fifth. From N. i section 27, 23 S., 25 E., allotted to Margaret Johndroe, there has been sold, at $5 per ac.re, cash, to William 1\I. Beckford, theN. t NE. t, and at $4.50 per acre to the same party, theN. t SW. t of said section; considera- tion,$i60. 

Sixth. From the same allotment, there has been sold, at ~.50 per acre, and paid in full, in two installments, with $10.77 interest., to John Barrett, the S. t 

NW. t; consideration, including interest, $370.77. 

Seyenth. From theW. fmctional t, section 2, 24 S., 25 E., allotted to Joseph 

Fox, there has been sold, at $5 per acre, and paid in full, in two installments, with ~3.80 interest, to Joanna Glendenning, the N,V. fractional t, containing 156.76 acres; consideration, with interest, $822.60. 

Eighth . .And from the E. fractional t section 6, 24 S., 25 E., allotted to 1\Iary 

Predome, there has been sold,at $ pe1· acre, to LeviT. Call, theW. t of S. E.tof said section, amounting to $480, one-half of which was paid at date of purchase, 

September 29,1875, and the balance with inter.est is still due and unpaid. '.fhere ha.s, therefore, out of an aggregate of 10,215.63 acres, valued at $50,8.')().05, been sold 879.76 acres for the sum of$3,858.80; leaving unsold 9,335.87 acres, \al- ued at $46,991.25, or ap average of $5.02!: per acre, which aggregate amount would, according to the terms of the act of February 19, 1873, if not claimed by the allottees or their heirs, inure to the United States at the end of five yea rs, which have expired. The bill under consideration proposes to reduce the aggregate value of the unsold lands over one-half, or to $'>..3,339.68, and if the lands are not sold, at the diminished rate of$2.50 per a01·e, within one year, that patents shall issue in the names of the original allot tees for the balance unsold. With these provisions of the bill I am not inclined to con cUI·, for the following 

reasons: 

Under the treaty of 1838, the New York Indians were entitled to 1,824.,000 acres of land in Kansas, and a removal fund of $400,000, which the United States never provided. Notwithstanding the failure of the United States in this regard, por- tions of the Indians removed to Kansas subsequent to the treaty, with a view to making that country their permanent home, but on account of their rapid de- plet.ion in number from sickness, a majority afterwards returned to New York. By decision of .April19, 1858. the honorable Secretary of the Interior held that those of the New York Indians who had not removed had thereby forfeited their title to the reserve, and that the same should be opened to settlement; but in the execution of said decision, and prior to the prQclamation of December, 1860, 

opening the lands to settlement, the allotments under consideration were made to the thirty-two Indians who were then in Kansas, and certificates were issued to them therefor. It follows, therefore, that an equitable interest in fee in the lands vested in these Indians, by virtue of the grant contained in the treaty at the date of their removal and long prior to the settlement of Kansas, although the evidence of title did not issue until1860. They accordi'ngly assumed the condition of legal ownership, by purchase, over the lands subsequently allotted to them, at an early day, and are entitled to the benefits of any appreciation of value arisiilg from the settlement and im- provement of t.he country. This doctrine is, I am aware, in opposition to a somewhat prevalent opinion as to the right of the Indians. It has been urged in similar ca-ses that as the In- dians have not improved their lands they are not entitled to the advance in value incident to the settlement of the country. The purchase of wild lands, and holding of the same to await the improvement of the country, has been one of the most popular and..sa.fe. as well as the most remunerative methods of in- vestment known; and I can see no grounds upon which Indians taking an equitable title in fee should be deprived of the benefits never denied to white purchasers of public l::l.nds, bought and held for speculative purposes only. Informal claims have been filed in this office by the original allottees, or their heirs, covering nearly all the proceeds arising from the sale of these lands when sold. 

There fs no evidence on file in this office, aside from the letters of 1\Ir. Haskell, showing that it is the desire of these Indians that the land should be sold at a reduced price. The lands are in Bourbon County, one of the richest and most fertile counties in the State. They are within a few miles of Fort Scott, and near the line of the Missouri, Kansas and Texas Railroad-the Missouri River, Fort Scott and Gull Railroad running nearly through the center of the body of the lands, which lie in close proximity to the corner of townships 23 and 24 in ranges 24 and 25 east. The records of the General Land Office show that there is scarcely a vacant forty-acre tract of land in or near the townships named. With these facts in view, it is safe to assume that tb:e several tracts were, in 1873, worth the full amount at which they were appraised, and that, in view of the rapid develop.. ment of the country and the present price of uncultivated lands in that vicinity, there has, at least, been no depreciation in their value. The settlers have been in possession of these lands for years, to the exclusion of t.be Indians, and have bad every ad van tag~ and opportunity to pay for the lands from the products of the same, 

The title of the Indians is, under treaty stipulations, similar to those wi~h the Shawnee, Miami, and other Indians in Kansas, whose lands have been held by the Supreme Court of the United States (5 Wall., 737) to be excluded from the jurisdiction of the State, and not subject to taxation, and it is fairly presumable that the settlers have availed themselves of the benefit arising under t.his de- cision. 

For these and other 1·easons which might be urged, I can not recommend the passage of the bill in its present form. It is, however, very desirable that ade- q nate legislation be had insuring the sale of these lands and the final settlement of all questions in connection therewith. I have, therefore, to recommend that the bill be amended as follows: Strike out all after the word" office," in the twelfth line, and insert, in lieu thereof, the following: 

"At any time within one year from the passage of this act said lands so occu· pied by them in tracts not exceeding 160acres, according to the Government sur• veys, at not less than the appraised value of the said tracts, as heretofore ascer• tained by the Secretary of the Interior, in accordance with the provisions of the act of February 19, 1873, entitled 'An act to provide for the sale of certain New York Indian lands in Kansas,' payment to be made in three annual installments, one-third at date of entry, one-third at the end of one year from date of entry, ami the balance in two yearl!l from date of entry, with interest on said amounts, 

respectively, from date of entry, at 6 per cent. per annum; and the moneys arising from such sales shall be paid into the 'l'reasury of the United States in trust for, and to be paid to, said Indians, respectively, to whom said certifica.tes were issued, or to their heirs, upon satisfactory proof of their identity to the Secretary of the Interior, at any time within three yea rs from the passage of this act; and in case such proof is not made wit.hin the time specified, then the proceeds of such sale, or so much thereof as shall not have been paid under the provisions of this act, shall become a part of the public moueys of the United States. •· SEc. 2. That any lands not entered by such settlers at the expiration of one year from t.be passage of this act shall be offered at public sale, in the usual manner, at cot less than the appraised value, notice of said sale to be given by 

public advertisement of not less than thirty days; and any tract or tracts not then sold, together with such tracts as have heretOfore been or may hereafter be entered, and wherein default has been made in t.be payment of any portion of the purchase-money, or the interest thereon, as herein or heretofore pro- vided, shall be thereafter subject to private entry at the appraised value of said tracts." 

I inclose herewith a schedule showing the names of the thirty-two allottees named in this report, the description of the lands allotted to each, with the names of the settlers claiming the lands placed opposite the tract claimed by them. 

The bill referred by the House committee, together with the letter of Mr. 

Haskell, with inclosure, is herewith I"espectfully l"eturned. ·I haYe the honor to be, Yery respectfully, your obedient servant, E. A. HA.YT, Commissioner. · Ron. SECRETARY OF TilE INTERIOR. 

llfr. BLANCHARD. The letter of llfr. Schurz, the Secretary of the 

Interior, and the report of Mr. Hayt, Commissioner of Indian Affairs, 

agree that a bill should not be pas..c:;ed fixing an arbitrary price, as this 

bill propo'3es to do, upon these lands. The Secretary of the Interior 

and the Commissioner recommend that the lands be sold to the settlers 

now on them at their appraised valne. If this be done these Indians 

would reallze from $3.75 to $10 per acre for their lands, instead of $2. 50 

per acre, as this bill arbitrarily proposes. 

I have here the official appraisement, giving the names of the Indians 

to whom these lands were allotted and the names of the settlers now 

on them, and it shows that these lands were appraised from $3.75 to 

$HI per acre. The price which the Committee on Indian Affairs propose in the present bill is 50 cents less an acre even than the bill reported by the committee in the Forty-seventh Congress. 

There· might have been legislation upon this matter years ago, but no 

bill has ever been presented or reported from the Committee on Indian 

Affairs which meted out justice to the Indians; no bill has ever been 

urged which embodied the recommendations of the Secretary of the Interior and the Commissioner of Indian Affairs. Their recommendations 

have be~n just to the Indians; but every bill the passage of which has 

been attempted has sought to give the settler an undue adyantage over 

the Indian by fixing an arbitrary price, one much less than the actual 

cash value of the land. 

Now,._ in pnswer to the gentleman from illinois [Mr. HENDERSON], 

who asked me whether it is not true that patents have not been issued 

to these lands, I will state that the report of Secretary Schurz which 

has been read shows that certificates of allotment were issued to the 

thirty-two IndianE iri questio~. An equitable interest in fee, then, 

is in the Indians, under the terms of the law and the treaty made with 

them. :Mr. :MORSE. When we are talking about the price of these Jands 

it does not matter in whom the fee may be. 

Mr. BLANCHARD. Anequitable interest in fee is in these Indians 

and this has been so declared by the Interior Department. 'l'he report 

of Secretary Schurz shows that the thirty-two Indians, or -their representatives have filed in the Indian Office evidence of their identity and 

right to the land or its proceeds. It therefore follows that "the searchwarrant" for these Indians which the gentleman from Iowa spoke of 

will not be necessary. The Indians are in existence, their claims filed, 

theiridentityesta.blished, and whenever Co_ngress provides for t~e sale 

of their lands at the proper value they w1ll be on band to receive tha 

money so justly theirs. 

If Congress enacts into law this bill which stipulates that the lan<lll 

may be purchased by the settlers at $2.50 per acre, H will be permitting them to take at that inferior price lands worth from $7.~0 to $10 

per acre, and this, too, at the expense of and to the great detnment of 

the Indian owners. Against that, sir, I protest now as I protested in the Forty-seventh 
1888, CONGRESSIONAL · RECORD-HOUSE. 717 

Congress, in the Forty-eighth Congress, and in the Forty-ninth Congress. 

Mr. RANDALL. Will the gentleman from Louisiana permit me t{) 

ask him a que~tion? He stated that the title to the 10,000 acres of 

land in controversy here was in the Indians. 

Mr. BLANCHARD. I have so stated. 

Mr. RANDALL. Then let me ask why the United States should 

intervene in this manner and undertake to give tht>,se lands away if the 

title is held by the Indians in fee? 

M:r. BLANCHARD. I will state to the gen,tleman from Pennsylvania that there is necessity for some legislation upon the subject. The 

settlers who have the lands now in possession will -continue to hold 

them in defiance of the rights of the Indians, and prevent them from 

getting possession 9f theiT property, just as they prevented those who 

went to take possession of the lands in 1860. 

Therefore, legislation is necessary to protect the Indians in their 

rights. The only que.'3tion is, how shall this be done? The lands 

ought to be sold at a fair price, and the money turned over to the Indians to whom the lands belong. 

If something is not done the settlers will continue to hold the lands, 

and the Indians will receive no benefit-from them whether in the way 

of sale or rent. 

Mr. ROGERS. Will the gentleman from Louisiana permit an jnterruption? 

Mr. BLANCHARD. I will yield for a question. 

Mr. ROGERS. What is the evidence of the fact alleged by the gentleman that the fee to the lands in question is in the Indians ? 

Mr. BLANCHARD. It is so stated. 

l'tir. ROGERS. By whom, and bow? 

Mr. BLANCHARD. In the report of the Indian Commissioner, Mr. 

Hayt, which report has been referred to during the course of this discussion. ~ 

Mr. ROGERS. Does he say that the Government made a patent to 

the Indians? 

Mr. BLANCHARD. He says that certificates of allotment provided 

for by the terms of the treaty have been issued to the Indians. 

111r. PAYSON. Let me interrupt the gentleman. I am sure be desires to be entirely accurate. 

Mr. BLANCHARD. Certainly. 

Mr. ROGEllS. I have not concluded my question. I want-ed to ask 

the gentleman from Louisiana, before leaving this point, if the fee is in 

the Indians, by what authority, or power, or right can the Government 

of the United States by legislation undertake to divest them of that title? 

Mr. BL.A..l~CHARD. The former Commissioner of Indian Affairs 

states that an equitable interest in fee in the lands is vested in these 

Indians. This is a question that needs legislation for the reason I have 

given. The Indian should be protected. But if there be legislation 

directing the sale of these lands, which are not now and are never likely 

to be in the possession of the Indians, it should be legislation that will 

do justice to them. 

Mr. PAYSON. I desire to call the attention of the gentleman from 

Louisiana, as well as other gentlemen, to a statement contained in this 

report, which' seems to have been overlooked in this discussion. This 

says upon its face that the title to these lands is not in these Indians. 

The treaty with these Indians provided, in terms, that the patents 

when issued should be in accordance with the statute of May 28, 

1830. By reference to vo\ume 4 of the Statutes at Large, page 411, a copy of which I hold in my hand, it will be seen that patents should 

only issue to the tribes, as tribes, and that until the patents shall issue 

there sho1fld be simply the right of occupancy on the part of the Indians. When the gentleman from. Louisiana comes to compare the 

statement in the report in reference to these Indians with the statute 

to which I refer, be will find that the thirty-two Indians had the right 

of occupancy and that alone. That settles the question of title. It is 

shown also by the report that the Indians abandoned even that right 

because the lands were entered upon by other settlers. I say this 

simply that gentlemen n::.ay understand exactly the condition of the 

title as a title. 

fu. BLANCHARD. I will read briefly from the report--

The SPEAKER pro tempore. The hour for the consideration of this measure has expired. 

ORDER OF BUSINESS. 

1\Ir. DUNN. I demand the regular order. 

The SPEAKER pro tempore. The Chair will state that the regular 

order js the unfinished business coming over: 

PETER M'CANN. 

Mr. SHAW. I present a privileged report from the Committee on Accounts. 

The report was read, as follows: 

T he Committee on Accounts, having had under consideration the following 

resolution, submitted by 1\'Ir. RANDALL: "Resolved, That the Clerk of the House be, and he is hereby, authorized and directed to pay, out of the contingent fund, of the House, to Pet~r McCann, fathe! of James P. McCann, deceased, late mes- senger to the Comm1t~ee on Appropnat10ns, a. sum equ~l to ~ix months' salary as messenger aforesaid, and also the expenses attendmg hiB last illness and 

funeral, not t<O exceed the sum of $?...50," report back the same with the recom- mendation that it be adopted. 

Mr. RANDALL. With the permission of the gentleman from Mary- · 

land [Mr. SHAw] I will state that this young man died during the 

last recess. He was one of the clerical force of the CQID.mittee on Appropriations. The Committee on Appropriations have made record 

unanimously as to the character of this employe. I should omit a duty, 

I think, unless I gave public expression here to what the committee 

with unanimity stated in a resolve which was made a matter of re~ord, 

that a more obliging, intelligent, faithful officer they had never known, . and his death caused great sorrow to each and all the members of that -committee. 

Mr. SHAW. Does the gentleman desire that the report shall be 

again read? 

Mr. RANDALL. I do not. It is the usual resolution. 

Mr. PAYSON. I ask that the report be again read. 

The report was again read. 

Mr. OATES. I rise to inquire of the chairman of the Committee on Accounts whether this sum of money is due to the father to whom it 

is to be paid for services of the deceased, or is it a mere gratuity? 

Mr. SHAW. I suppose it is a mere gratuity. 

Mr. OATES. Then I am opposed to it .. 

Mr. SHAW. But only following precedents established m numer- ous instances. •Mr. OATES. Then they are very bad precedents. I am in favor of 

paying all the debts the Government owes, but I am opposed to giving 

any gratuity. · 

Mr. RANDALL. I can only say in answer to the gentleman from 

Alabama [.Mr. OATES] that this resolution is an exact copy of many 

similar ones passed under like circumstances. 

Mr. OATES. Does the chairman of the Committee on.Appropriations think those are good precedents?· 

Mr. RANDALL. I think where a faithful officer dies in the service 

of the Government it is a small matter to give his dependent relatives 

six months' pay. [Applause.] 

Mr. OATES. It may be a small matter, but it is one which involves a principle. 1 

Mr. RANDALL. I have found in my public life that the way to be 

consistent was by trying to be just; and I do not propose to yield my 

judgment in this case because I have allowed my judgment perhaps to 

be swayed in other like circumstances. 

Mr. HENDERSON, of Iowa. Will the chairman of the Committee 

on Appropriations allow me to ask him a question? 

Mr. RANDALL. Certainly. 

Mr. HENDERSON, of Iowa. I wish to ask him whether we are doing anything more for the family of this deceased employe than we do for the families of members of our own body? 

Mr. RAND..A..LL. Not so much; and this man was a peculiarly faithful servant, and I am sure the gentleman from Iowa is ready to bear 

full testimony to that fact. 

Mr. HENDERSON, of Iowa. I will say in reply that every mem- ber of the committee will vouch for that. 

The resolution was adopted. 

Mr. SHAW moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

MESSAGE FROM THE SENATE. J 

A message from the Senate, by Mr. McDooK, its Secretary, returned 

to the House of Representatives the bill (S. 928) in relation to marriage 

between white men and Indian women, which was recalled from the 

House of Representatives at the request of the Senate. 

WIDOW OF JOSEPH F. GUTZWILLER. 

Mr. SHAW. I present another privileged report from the Committee on Accounts. · 

The report of the Committee on Accounts was read, as follows: 

The Committee on Accounts, having had under consideration the following resolution, submitted by Mr. SENEY: "Resol1:ed, That the Clerk of the House of 

Representatives be directed to pay out of the contingent fund of the House to the widow of Joseph F. Gutzwiller, deceased, late an employe of the House, a sum equal to his salary for six months, and also the expenses attending his last 

illness and funeral, not to exceed the sum of $'1...50," report back the same with 

the recommendation that it be adopted. 

· The resolution was adopted. 

Mr. SHAW moved to reconsider the vote by which the resolution was adopted; a.nd also moved that the motion to reconsider be laid on the 

table. · 

The latter motion was agreed to. 

PAY OF COMMITTEE CI. .. ERKS. 

Mr. SHAW. I am instructed by the Committee on Accounts toreport back with a favorable recommendation the joint resolution fixing 

the time when the pay of certain clerks to committees of the Honse of 

Representatives shall begin; and I ask for its present consideration. 

The joint resolution was read, as follows: 

Resolved, etc., That the pay of clerks to committees of the House of ·Repre- sentatives which have been or may be hereafter authorized by the House, who are paid during the session only, shall begin from the time such clerks entered upon the discharge of their duties, which shall be ascertained and evidenced. by 
718 CONGRESSIONAL RECORD- HOUSE. JANUARY 25, 

the certificate of the chairman of the several committees employing clerks for the session only. 

The report of the committee was read, as follows: . 

The Committee on Accounts, to whom was referred the House joint resolution No. 29, would respectfully report that the object sought t-o be accomplished by this joint resolution was effected by legislat-ion in the Forty-ninth Congress, which is now eristing law. and that no further legislation is necessary. Your committee would therefore ask to bedisc,llarged from the further consideration of the resolution, and recomm.end that it lie upon the table. 

The joint resolution was laid upon the table. 

RAILROAD BRIDGE AT BURLINGTON, IOWA. 

Mr. GEAR. I ask unanimous consent to take from the Speaker's 

table for present consideration the bill S. 290. 

The title of the bill was read, as follows: 

A. bill (S. 290) to authorize the construction of a. railroad, wagon, and foot- passenger bridge across the Mississippi River at or near Burlington, Iowa. 

The SPEAKER pro tempore. Is there objection to the consideration 

of this bill at the present time? 

l'tlr. SPRINGER. Has the bill been referred to the Committee on 

Commerce? 

Mr. GEAR. I will state, in reply to the gentleman from illinois, 

that this is almost ver5atim, with the exception of an amendment by 

the Senate, the same as the House bill No. 2170, which has been re- ported favorably by the Committee on Commerce Qf this House. 

:Mr. SPRINGER. Will the gentleman explain the difference between the two bills? 

Mr. GEAR. The difference is this: The bill as passed by the Senate 

provides that the question of the erection of the bridge shall be subject to the decision of the Secretary of War, and it also provides, in the 

sixth section, that the bridge shall be commenced within two years and 

. completed within four. The House bill has not that provision. That 

is the only difference. 

The SPEAKER pro te-mpore. Is there objection to the consideration 

of the bill? 

There was no objection. 

Mr. SPRjNGER. This bill has already passed the Honse once, I 

believe . . Mr. GEAR. No, srr; it has passed the Senate; it is now pending in 

the Honse, and it has the unanimons report of the committee. 

!Ir. SPRINGER. Let it be read. 

The SPEAKER p1·o tempore. The bill will be read. 

The bill was read, as follows: 

Be it enacted, etc., That the Burlington and Dlinois Bridge Company, its suc- cessors and assigns, be, and they are hereby. authorized to construct and main- tain, if in the opini-on of the 'ecretary of \Var the ~ame be a public neces ity, a railroad, wagon, and foot-passenger bridge across the 1\fississippi River ~t a place suitable to .the interests of navigation at a point at or near the city of Bur- lington, Iowa. and to lay on or over said bridge a track or tracks for the more perfect connection of any railroad or railroads that are or shall be constructed to said river,on either or both sides the~eof, a tor opposite said point, under the limitations and conditions hereinafter provided; that said bridge shall not inter- fere with the free navigation of said river beyond what is necessary in order to carry into effect the rights and privileges hereby granted; and in case of any litigation arising from any obstruction or alleged obstruction to the free navi- gation of said river, the cause may be tried before the circuit court of the United States in and for any district in which any portion of said bridge or obstruction touches. Said bridge shall be constructed to provide for the passage of railroad trains, and for the safe and convenient passage of wagon and vehicles of all kinds, animals, and footrpassengers, for such reasonable rates of toll as may be fixed from time to time by the Secretary of War: Prcnnded, That the proviso re- garding wagons, animals, footrpassengers, etc., shall not influence the location of said bridge in its relation to the interests of navigation. SEC. 2. That. any bridge built under the provisions ofthisact may, at the option of the company building the same, be built as a draw-bridge or with unbroken and con tin nons spans: Pr01;ided, That if the said bridge shall be made with un- broken and continuous spans, it shall give clear head-room of not less, in any ca8e, than 55! feet above extreme high-water mark as understood at the point of loeation, nor shall the spans of said bridge give a clear width of water·way of less than 250 feet. and the piers of said bridge shall be parallel with the current of <=aid river. and the main span shall be over the main channel of the river and give a clear width of water-way of not less than 300 feet: And prot~ided further, That if any bridge built under the provisions of this act shall be constructed as a draw-bridge, the same slui..ll be constructed as a pivot draw-bridge, with-a pivot over the main channel of the river at an accessible and navigable point and with spans giving a clear width of water-way of not less than 200 feet on each -side of the central or pivot. pier of the draw, and the next adjoining span or spans to the draw shall give a clear width of water-way of not le s that 250 fee~: 

Prooided, That if the pivot pier of said bridge shall be con tructed within less than 410 feet of the west shore of said river the span consiructed west of said pivot pier may be less than 250 feet, and said spans shall give a cle r bead-room of not less than 10 feet above extreme hie-h-water m.&rk; and the piers of said bridge shall be para:llel with the current of the river where said bridge shall be erected: And prov1ded al~o, That said draw shall be opened promptly upon reasonable signal for the passage of boats, except when trains are passing over the draw; bub in no case shall unnecessary delay occur in opening the said draw during or after·the "passage of trains. SEC. 3. That any bridge constructed under this act and according to its limita- tions shall be a lawful structm·e, and shan be known as a postrroute, and the same is laereby declared to be a. post-route, upon which a.Jso no higher charge shall be m.a.de for the transmission over the same of the mails, the troops, and the munitions of war ofthe United States, and for passengers or freight passing over said bridge, than the rate per mile paid for their transportation over the railroads and public highways leading to said bridge; and the United States shall have the right of way for postal-telegraph purposes across said bridge. SEc. 4. That all railway companies desiring to use 11aid bridge shall have and be entitled to equal rights and privileges in the pAssages of the ~~&me, and in the use of the machinery and fixtures thereof, and of all the approaches thereto, under and upon such terms and conditio:~ as shaU be prescribed by the Secre- tary of W a.r upon hearing the allegations and proofs of the parties, in case they shall not agree. - . SEc. 5. That the structure herein authorized shall be built and located under 

and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said com- pany or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge, and a. map of the location, 

giving, for the space of 1 mile above and 1 mile below the proposed location, the topography of the banks of the river, the shore--line at high and low water, the direction and strength of the current at all stages, and the soundings, accu- rately showing the bed of the stream, the location of a.ny bridge or bridges, and shall furnish such other information as shall be require--d for a. full and satr isfactory understanding of the subject; and until the said plan and location or the bridge are decided by the Secretary of War to be snch as will not materially affect the interests of _navigation, the bridge shall not be commenced or bnilt; and should any change be made in the plan of said bridge during the progress of construction, such change shall be subject to the approval of the Secretary of War; and the said bridge shall be constructed with such aids to the passage of said bridge, in the form of booms, dikes, piers, or other suitable and proper stroctnres for confining the flow of water to a permanent and easily navigated 

channel, for a. distance of not less than 1 mile above t.he bridge location. and for the guiding of rafts, steam-boats, and other water-craft safely through the draw and raft spans, as the Secretary of War shall prescribe and order to be con- structed and maintained at the expense of the company owning said bridge; and the ·said structure shall be at all times so kept and managed as to offer reasonable and proper means for the passage of vessels through or under said structure; and for the safety of vessels passing at night there shall be displayed on said bridge, from the hours of sunset to sunrise, such lights as may be pre- scribed by the Secretary of War; and the said structure shall be changed or removed at the cost and expense of the owners thereof from time to time, as Congress may direct, so as to-preserve the free and convenient navigation of said river; and the authority to erect and continue said bridge shall be subject to revocation and modification by law, when the public good shall, in the judg- ment of Congress, so require, without any expense or charge to the United States. SEc. 6. That if actual construction of the bridge herein authorized shall not be commenced within two years from the passage of this act, and be completed in four years from the same date, the rights and privileges hereby granted shall cease and be determined. . SEc. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved. 

Mr. GEAR. As there appears to be no objection, I demand the previous question on the third reading of the bill~ 

The previous question was ordered. 

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

the third time, and passed. 

Mr. GEAR moved to reconsider the vote by which the bill was passed; 

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

The lat~r motion was .agreed to. 

J. E. PILCHER. 

Mr. CARUTH. 1\fr. Spea,ker, I ask unanimous consent to take from 

the Private Calendar and put upon its passage the bill (H. R. 339) for 

the relief of J. E. Pilcher. ' · 

The bill was read, as follows: 

Be it enacted, etc., ThattheSecretary oftheTreasurybe,andis hereby, author· ized, out of the Texas indemnity fnnd, to pay to J. E. Pilcher the sum of 905, 

being the amonnt of one bond of $100 and 5805 in paper money of the Republic of Texas: Provided, That he sha.ll find that said claims are within the class of claims heretofore paid by the United States out of the said fund: And provided 

further, That the Secretary of the Treaslll"Y is sa isfied that said bond and money are genuine. 

The SPEAKER pro tempore. Is there objP-ction to the present consideration of this bill? 

There was no objection. . Mr. CARUTH. A bill similar to this was passed in the Forty-ninth 

Congress, but it failed to rea.ch the President in time for signature. 

This bill has been reported favorably from the Committee on the Judiciary, and if there be no objection, I now demand the previous q uestion on the engrossment and third reading of the bill. The previous question was ordered. 

The bill was ordered to be engrossed and read a third time; and being engrossed, it ,was accordingly read the third time, and pas ed. 

Mr. CARUTH moved to reconsider the vote by which the bill was 

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

The latter motion was agreed to. 

TERRITORY OF CIMARRON. 

:Mr. SPRINGER. Mr. Speaker, I desire to present the memorial of 

citizens and of the Territorial council representina the settlers of what 

is called the Public Land Strip, praying for the organization of the territory of Cimarron: I ask that it be referred to the Committee on the 

Territories and ordered to be printed. 

The SPEAKER pro tempore. It will be so ordered. 

Mr. SPRINGER. I presentalso two memorials ofpersonsclaiming 

to be delegates, which should take the B!l.me course. The SPEAKER pro tempore. They can be presented through the 

petition-box. DIGEST OF RULES. 

1\fr. ~ICH.A.RDSON. Mr. Speaker, I present a privileged report 

from the Committee on Printing, and ask its immediate consideration. 

The SPEAKER pro tempore. The report will be read. 

The Clerk read as follows: 

IN THE HOUSE OF REPRESENTATIVES, January 18,1888. 

Resolved, Tha.t 2,000 copies of the Digest of Rules for the first session of tho Fiftieth Congress be printed for the use of the House. The comm.ittee report as a substitute the following: Resotv«L, That 2,500 copies of the Digest for the present session, prepare_d by 

Henry H. Smit.h, late Journal clerk, under the act of .March 3, 1877, be prtnted and bound for the use of the House; the same to be printed nnder the direction of the Speaker and Clerk of the House. 

Mr. RICHARDSON. 1\fr. Speaker, if no gentleman desires to be 

I 
1888. CONGRESSIONAL RECORD-HOUSE-. 719 

heard on the subject, I move the previous question on the adoption of 

the substitute. 

The previous question was ordered. 

The SPEAKER pro tempore. The question now is on the adoption 

of the substitute. . 

The substitute wai adopted, and the ori~inal resolution was laid on 

the table. 

Mr. RICHARDSON moved to reconsider the vote by which the substitute was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

TAX ON OLEOMARGARINE. 

:Mr. LAWLER. Mr. Speaker, I ask unanimous consent to take from 

the table the resolution introduced by me some time sinee and refer it 

to the Committee on Ways and .Means. 

The SPEAKER pro tempore. What is the resolution? 

Mr. LAWLER. It is a resolution taking the tax off oleomargarine. 

Several members objected. 

Mr. SPRINGER. Mr. Speaker, I understand that all my colleague 

desires is to have the resolution taken from· the table and referred to 

the appropriate committee. . 

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

the resolution indicated by the gentleman from Illinois?-

Mt. LAWLER. If the House will allow me a word of explanation, 

I think there will be no objection. I introduced this resolution, which 

proposes not to interfere with the oleomargarine law, nor with the license fee of the wholesale or the retail dealer, but only to take off the 

2 cents t:u, which affects the consumer. I merely ask the reference of 

the resolution to the Committee on Ways and Means for its consideration; that is all. I introduced the resolution before the committees 

were appointed, and it was laid on the table until they should be appointed. Ever since the appointment of the committees I have been 

trying to get it up, and all I ask now is that it shall be referred to the 

Committee on Ways and Means. 

Mr. MORGAN. I object. 

Mr. SPRINGER. Let it go to the Committee on Agriculture. 

Mr. PAYSON. I will ask my colleague [Mr. LAWLER] whether he 

is willing that it should go to the Committee OI\. Agriculture. 

1\!r. LAWLER. I would rather have it laid on the 4!J>le than sent 

to that committee. 

INVESTIGATION OF CERTAIN TRUST~'. 

Mr. BACON. I ask unanimous consent to take from the House Calendar a resolution reported by the Committ.ee on .Manufactures as a sub,. 

stitute for a resolution of the gentleman from Illinois [1\Ir. 1\IASONJ referred to that committee (House Miscellaneous Document No. 69). 

The SPEAKER pro tempore. The resolution reported by the com- mittee will be read. 

The Clerk read as follows: 

Whereas it is alleged that certain individl)als and corporations in. the United States engaged in manufacturing, mining, or dealing in some of the necessaries of life have combined for the purpose of controlling or curtailing the production or supply of the same, and thereby increasing their price to the people of the country, which combinations are known as associations, trusts, pools, and like names, but are not incorporated under the laws of any State: and 'Wbereas such combinationsnotonly injuriously affect commerce between the States, but impair the 1·evenues of the United States as derived from tts duties on imports: Therefore, 

Resolved, Tbn.t the Committee on l\Ianufactures be, and the same is hereby, directed to inquire into the names, and number, and extent of such alleged com- binations, under whatever name known, their methods of combination or do- ing busines , their effect upon the prices of any of the necessaries of life to the people of the country, upon its internal or foreign commerce, and its revenues from import duties, together with any and all other matters relating to the same which may call for or suggest legislation by Congress, and report the E:l-me to the House with such recommendations as the said committee may agree upon. And for these purposes the Committee on 1\ianufactures is authorized to sit during the sessions of the House, to employ a stenographer, to administer oaths, examine witnesses, compel the attendance of persons and the production of papers. And the expense of such investigation shall be paid out of the contin- gent fund of the House. 

:M:r. RANDALL. Mr. Speaker, whenthisl)roposition wasoriginally 

reported I objected to its immediate consideration· for the reason that 

I did not think its language comprehensive enough to include an inquiry as to all "trusts" and "pools" which it might be desirable to 

investigate. These combinations are not peculiar to the United States. 

We have jurisdiction of inquiry only within the limits of toe Union. 

The gentleman from New York [Ur. BACON], with whom I have conferred on this subject, has consented, as I have understood him, to 

amend this resolution so tha~the inquirymayembracethe ''Standard 

Oil Company,'' the ''Whisky Trust,'' and every organization in the 

nature of a "trust" or '~_pool," whether its operations relate to the 

necessaries of life or merely 1(o the comfort of citizens in other particulars. [Laughter.] 

This is a wide field, and if the Federal power ron regulate these organizations, perhaps it might be useful to exercise the power of control. 

Not knowing, myself, how far our power in this regard may extend, I 

s'hall be glad to have a committee of this House appointed with the 

view of ascertaining whether we can adopt measures for the benefit of 

the people which the resolution presupposes to be desirable. 

Mr. BACON. Mr. Speaker, this substitute was prepared by the Committee on Manufactures after conference with the gentleman frqm illinois [Mr. MASON] who introduced the original resolution, our intention being to put it in such form and language as would enable a committee of this House to examine into and lay before the House the 

facts with regard to such combinations as are referred to in the preamble. 

We believe it does now embrace all such combinations. It certainly 

was so intended. The gentlHman from Pennsylvania [Mr. RANDALL], 

however, whose experience of course entitles his views to deference, believes that a change of language will make the proposition more certainly comprehensive. Understanding it to have been the purpose of 

the committee to embrace every such trust or combination which, owing to the fact that it is not incorporated, is not within the reach, perhaps, of the laws of any State, I see no objection to introducing into 

the resolution certain language which the gentleman has suggested. 

These alteration..c:;, as it seems to me, will not affect the purport of the 

resolution; but I desire to make the p:r:oposition conform to the gentleman's views, as I understand he is anxious to have all these subjects 

investigated. _ _ 

I will state the changes which the gentleman has proposed. Af~r 

the words ''necessaries of life'' in the preamble, t.he gentleman proposes to. insert the words "and other products for sale;" so as to make 

the preamble read: 

- 'Wbereas it is alleged that certain individuals and corporations in the United States engaged in manufacturing, mining, or dealing in some of the necessaries of life and other products for sale have combined, etc. 

I understand the gentleman's criticism to be that th,e resolution in 

the form reported would not embrace the'' Whisky Trust,' 7 the Standard 

Oil Company--

M:r. RANDALL. I desire to embrace also gas companies and all 

''trusts.'' 

Mr. BACON. The gentleman wishes to include "trusts" of every 

description, and he suggests, as I understand, that some of the articles 

to which these ''trusts'' relate are not ''necessaries of life.'' The , 

committee, as I unde&tand, see no objection~ the changes which the 

gentleman proposes; andifhewill send hisamendments to the Clerk's 

desk, no objection will come from me, at any rate, to their insertion. 

l\Ir. O'NEILL, of Missouri. I understand the whole object of this 

resolution is to investigate these gigantic "trusts." 

1\Ir. BACON. To investigate these " .trusts," whether gigantic or 

small. 

The SPEAKER pro tempore. Is there objection to the present consideration of the resolution? The Chair hears none. 

Mr. BRECKlL~RIDGE, of Arkansas. It may be proper to state that 

the committee was satisfied the "trusts" referred to by the gentleman 

from Pennsylvania were included in the proposition as reported. 

Mr. RANDALL. It can do no harm to make the langtlage plainer. 

Mr. BRECKINRIDGE, of Arkansas. Of courRe the committee is 

perfectly wjlling such organizations should be specified; but we were 

certain they were not excluded. 

Mr. RANDALL. The gentleman is certain they were not excluded; 

I want to be certain they are included. There are two amendments 

which I have suggested-one to the preamble and one to the resolution 

itself. 

The SPEAKER pro tempore. The Clerk will read· the :first amendment of the gentleman from Pennsylvania. 

The Clerk 1·ead as follows: 

-Amend the preamble so as to read: , "Whereas it is alleged that certain individuals and corporations in the United States engaged in manufacturing, mining, or dealing in some of the necessaries of life and other productions have combined for the purpose of controlling or curtailing the production or supply of the same," etc. 

M:r. WEAVER. Would that include express companies? 

Mr. BACON. No, sir; not as I understand it. 

Mr. RAYNER. A number of these "trusts" are made up of different companies which, having been incorporated by different Stn.tes, 

have entered into these combinations. Does this include such organizations? 

Mr. BACON. It does, as w~ understand. 

Mr. RAYNER. I think it excludes one of the very companies you 

ought to get at, theSta,ndard Oil Company. I think that is excluded by 

the terms of the resolution. • Mr. BRECKINRIDG E, of Arkansas. Then I trust the language will' 

be so amended a8 to include every such organization. That was the 

intention of the committee. 

M:r. BRUMM. I .hope the resolution will be amended so as to include 

the large anthracite-coal monopolies. 

Mr. RAYNER. It does not include them now. 

lli. BRUMM. It ought to do so. 

1\Ir. BACON. I think the House is under a misapprehension in regard to what this resolution contemplates. In the opinion of the committee, this House has no right to institute an investigation into the 

private affairs of any corporation formed under the laws of any State 

and transacting business solely within the limits of the State of which 

it is a corporation. 

Mr. RAYNER. Allow me to ask the gentleman a quest~on. 

Mr. BACON. "Permit me to finish my statement. 

Mr. RAYNER. It is in that connection. 
f 

720 CONGRESSIONAL RECORD-HOUSE. JANUARY 25, 

Mr. BACON. In a moment. But the committee understand that I have nevertheless grave doubt of the right of the Government to com- where a combination or combinations have been formed, partly of pri- pel answers to questions which do not in some way de..'ll with matters 

vate individuals and partly of corporations, which corporations are not in reference to which this House can legislate. 

incorporated in the same States and reach over State lines and engage in I do not understand that the author of this resolution or the coll!.-

interstate commerce, and such combinations are not in the power of the mittee that reported it have come into this House asking for any au- State Legislature creating such corporations, they are therefore within -thority to go out and take a census. All they ask of the House is au- the reach of the legislative power of this body, and for that reason, as thority to compel the giving of such information as will come within 

it is without any question the right of this House to make this investi- what they believe to be the legitimate power of this House to legislate 

gation, we have put in only those combinations not incorporated under in regard to these pools and combinations; and in the resolution of inthelawsofanyState, sothat theycannotrcfusetocomehereand answer qui.ry which we ask the House to adopt here we have restricted its . any question put to them nor shelter themselves under their State char- operation in accordance with what, in the judgment of the committee, 

ters. and as we are advised by other gentlemen who are learned in the Jaw 

1\lr. RANDALL: I suggest to the gentleman from Maryland to and eX'perienced in the practice of this House, is within the full power 

strike out the words "any incorporated," as that would reach the re- of the House to grant. 

suit he has in view. I yield now to the gentleman from Pem1sylvnnin. [Mr. SCOTT] for a :Mr. RAYNER. I ask whether corporations incorporated in the State question. 

of Pennsylvania, having the right to transact business under that incor- Mr. SCOTT. The gentleman from NewYorkhas practically answered 

poration in other States, and a number of States give thatright, whether the question I desired to ask. Still I wish to call his attention to this 

such corporations would be reached by this resolution? point: Suppose the investigation is ordered by the House, and the com- Mr. BACON. Yes, they would be reached by the resolution if they mittee find that there has been a combination and a conspiracy between are in combination with any other corporation. • a corporation in one State and certain citizens of that State for the pur1\ir. SPRINGER. I wish to offer an amendment which I think will pose of advancing the price of cert.:'lin commodities which enter into the answer the purpose. daily consumption of the people; do I understand the gentleman from 

Mr. BACON. Gentlemen, one at a time. [Laughter.] I will an- New York to claim, in view of that condition of affairs, that there is swer every question as intelligently as I can, but I must answer them any power vested in this House, by authority of the Constitution or in their o1·der. laws, to remedy that abuse inside of the State limits? Do I underMr. EZRA B. TAYLOR. Mr. Speaker, is there room there for an- stand him to claim that Congress has-any jul'isdiction or that there is 

other? [Laughter.] on the statute-books of the United States any law that makes such a The S:PEAK~R p1·o tempore. Gentlemen will retire to their seats combination or conspiracy a wrong ngainst which you could proceed an <I preserve order. for redress? Or if you ~certain the existence of such a combination, 

Mr. BACON. I will yield to the gentleman -from Wisconsin [Mr. would you have to proceed to redress the evils by some other method? 

GuENTHER]. And if so, I 'aSk the gentleman to tell me by what method. Or if you 

Mr. GUENTHER. I wish to ask whether YQII wm ·have the power find such n. state of facts as the resolution alleges to exist, do you proto compel the attendance of witnesses and the production of contracts pose to go into the State courts to remedy the abuse? And, in)ino,let 

relating to these combinations? me ask, what has Congress to do with the question at all? Am not the 

Mr. BACON. That is embraced in the power granted by the resolu- States amply able to take care of themselves and protect the people 

tion. within their limits against that combination or that conspiracy if it ~fr. GUENTHER. Power to compel attendance ofwitnesses and to exists? If they are not, sir, I want to know where your law or where co~pel them to testify and produce papers. the Constitution gives you authority to t.'l.ke the step you here propose, 

Mr. BACON. The committee will have all the power the House has. and if by the passage of this resolution you are not usurping to yourMr. BRUMM. Would your resolution include a combination of cor- self an authority that is not delegated to you under the Constitnt,ion? 

porations chartered in one State for, say, mining purposes, who combine That is the question. 

not only with each other, but with individual mining proprietors whose Mr. HOPKINS. Let me say to the gentleman from New York, 

collieries are in other States, and who also combine with carrying com- this. resolution is simply to inv-estigate as to the facts alleged. After 

panies, although their charters may all be from one State, yet their those facts are gathered by the committee they will be accompanied 

rights extend to other States; wonld your resolution cover combina- by a report, and it is then for the House to determine what acticn it 

tions of that kind? will take upon tha1rreport. 

1\Ir. BACON. If! understand the language of the resolution, it does; 1Mr. SCOTT. I beg leave to call the attention of the gentleman to 

and it was so intended to do. the fact that we made an investigation by a select committee, which 

Mr. BRUMM. Then I hope it will be adopted. was authorized to go to St. Louis, Mo., and to report to the Congress 

:Mr. McADOO. Does it include combinations of foreign agents or then in session on the great strikeand labor trouble prevailing in that 

agents of foreign manufactories in the United States to raise the price region. What did that investigation amount to? 

ofimportedarticles? [Criesof "Louder!"] Willthisinquiryreach Afr. HOPKINS. Let me answer the gentleman by another ques- a combination on the part of agents for the sale of foreign goods in the tion: Because one criminal is acquitted, is that a reason for ceasing to 

United States to raise -the price of those foreign goods and to depress try to enforce the criminal laws? 

the price of domestic products? Mr. SCOTT. I am not trying to acquit any criminal. [Laughter.] 

1.'lr. BACON. Yes; I think it will. Mr. BACON. In answer to the gentleman from Pennsylvania, I can Mr. McADOO. Then I hope it will be adopted. only say that it seems to me the suggestions he makes in regard to the 

Mr. SPRINGER. I wish to correct an impression which I think the cOnstitutional limitations and powers of the House over this subject 

chairman inadvertently made upon the House, and that is as to the will more properly apply to the legislation which the House may un- right of Congress to get information on this subject. The gentleman dertake to enact after the resolution now presented has been enforced. seems to give out the impression that we had no right to seek informa- But here is a crying abuse, something that. everybody unde1·stands, 

tion from corporations of a State doing business in such State. If it which the newspapers tell us daily is committing a serious injury to were a question of legislation it would be different, but as a question of the best interests of the people of the country. It has been held by 

information this House has a right to go anywhere within the jurisdic- the State courts to be beyond their power of correction. The purpose 

tion of the United States, inquire of :my body or company or corporation of this resolution of the gentleman from Illinois, as I understand it, as to the business he or it is doing-to get information of anybody or is to ascertain the accuracy of this information, and when the f..:cts are any corporation as to his or its action. We ha-ve done it in procuring laid before. Congress for it to apply such remedy as may be within its 

the Census Report, a volume containing more info1·mation t,han was ever legislative power to apply. That is the purpose of the inv~tigation 

published by any government in the world, which I regard as a most and the reason it seems wise to the cqmmittee to adopt it. 

useful publication and one reflecting great credit on our Government. I now yield to the gentleman from Illinois who introduced the resIn the matter of information, we have the right to ask these corpora- olution. 

tions what they are doing, how many men they employ, the character Mr. MASON. Mr. Speaker, there seems to be n. misunderstanding 

of their business, the price paid, etc. All these questions have been as to the meaning and intent of this resolution. I did not intend at 

asked, by the authority of Congress, by the Census Office thronghou tall the time I drew and introduced the resolution that its effect should be 

the States in the Union. Its agents have gone from house to house to appoint a "smelling rcommittee" to invade the borders of the 

asking the ages of the children and of the members of each family. I States and investigate the affairs of the people doing business within 

therefore think we should strike out the words which have been indi- State lines under State laws and charters. The resolution simply re, 

cated. cites that there is a large class of trusts and combinations which, by 

Mr. RAYNER. I have an amendment to offer. reason of a monopoly and by combination, can increase the price of 

Mr. SPRINGER. I understand the gentleman from Maryland has certain of the necessaries of life, mentioning particularly coal, sugar, an amendment to offer which accomplishes the object which I desire to and other necessaries of life. 

accomplish. [Cries of "Regular orde1· !"] The object of the resolution was to ascertain, if possible, what effect 

Mr. BACON. In reply to the gentleman from Illinois I will say these combinations of trusts have had upon the prices of these neces- that while I h::tve no doubt of the Tight of the House or any member of saries of life; whether or not, by reason of the ta1·iff,·the! are thllS 

it, or of any member of the committee, to ask questions for information, . enabled to place a greater price upon them: and that is certamly a sub-

-
1888. CONGRESSIONAL RECORD-HOUSE. 721 

ject within the jurisdiction of Congress. There are some industrious 

and energetic men in this country who would like to have a corner upon 

sunshine and levy a tariff of a thousand dollars each on every ray of 

foreign sunlight. 

The tariff laws, we believe in Chicago, are sometimes perverted from 

their legitimate purposes, and are turned against the people for the 

benefit of those who should not have such privileges. . · Mr. NELSON. Will the gentleman from Illinois allow me a question? 

Mr. MASON. Yes, sir. 

Mr. NELSON. Have you any doubt in your own mind but that t-he 

tariff laws indirectly co-operate to aid these trusts? . 

Mr. MASON. I will say in response to the gentleman from Minnesota that I have no doubt there is a class of trusts and a class of men 

who take advantage of the tariff laws. We who believe in.a high protective tariff think there should be some way to avoid taking advantage 

of the laws and perverting them from their proper purpose. But so far 

as I am concerned, expressing also, I believe, the sentiments of the people of my district, I presume, if there is a proper way of meeting that, 

this committee can report a proper bill, but if there is no way to pro· 

teet the people from these exactions of trusts except the revision of the 

tariff, so far as I am concerned I am ready to vote for that now. 

Mr. DINGLEY. Will the gentleman permit me a single question? 

Mr. MASON. Yes, sir. 

Mr. DINGLEY. I think this resolution speaks of a trust which has 

raised the price of anthracite coal. 

Mr. MASON. I think not. It recites that a sugar trust has raised 

the price of sugar. The original resolu~ion has been amended since 

perhaps the gentleman from Maine saw it. 

Mr. DINGLEY. Is there any duty imposed on anthracite coal ? 

Mr. MASON. No, sir. 

Mr. DINGLEY. Then this has nothing directly to do with the 

tariff? 

Mr. MASON. I think the gentleman is right in that statement, if 

anthracit-e coal is included in the resolution. 

Mr. MILLIKEN. The gentleman from Pennsylvania seems to be 

very anxious to include anthracite coal, and there is no tariff on that 

article. 

Mr. BRUMM. Is it not true the greatest monopolies we have in this 

country are the monopolies of such things as can not be produced 

abroa-d or come into competition withAmericanproducts? First, there 

is coal-oil. We never import coal-oil. Next, there is the Western 

Union Telegraph monopoly; that can not be interfered with by foreign 

competition. Next, there is anthradte coal. We have got all the anthracite coal in the world, at least of this peculiar kind, and there is never a ton of it imported, and there is no tariff on it. What I have 

mentioned will include about all the greatest monopolies we have got. 

Now, if there is no tariff on them and no competition with foreign 

producers, how can the tariff in that sense have any effect on these 

monopolies ? · 

Mr. MASON. I do not think it can have any effect on them. I 

have been under the impression that this body has no jurisdiction over 

the affairs of States. If the gentleman wishes to amend this resolution, 

or t-o offer some other to take in a larger field for observation and examination, I have no objection. But this merely looks to one relief. 

Mr. MILLIKEN. Will the gentleman permit me a question? 

Mr. MASON. Yes, sir. 

Mr. MILLIKEN. If the tariff has nothing-to do with these trusts, 

why drag it into the debate upon this resolution? 

Mr. MASON. If the gentleman will consider for a moment he will 

perceive that I have said nothing of that kind. But if he had paid attention he would have comprehended that the tariff on suga.r: has a good 

deal to do with allowing the sugar trust to increase prices. 

Mr. MILLIKEN. Perhaps I inigh£ understand that better if it were 

explained. But I will agree with the gentleman to repeal the duty on 

sugar, if he wants to do that. · 

Mr. MASON. If the duty on sugar raises the price of sugar so that 

producers and dealers can sell it at a given price, if you 4Lke off the 

duty then this trust can not exist except by taking in by a syndicate 

all the sugar products of the world. 

Mr. RANDALL. Will the gentleman permit me to ask aim a question? 

Mr. MASON. Yes, sir. 

Mr. RANDALL. Do yon not consider that the price of sugar, like 

that of most other commodities, is regulated by the natural law of 

demand and supply? 

On what may be considered the average grade of sugar of 90 degrees 

the duty is 2 cents; and during the existence of that duty of 2 cents 

sugar has been lower in price than at any time in the history of the 

country. " 

Mr. MASON. Then, would the gentleman argue, if the people of 

this country take off the $60,000,000 they pay in duty on sugar the 

sugar would be higher in price? 

Mr. RANDALL. I think the price would be regulated by the natural law of demand and supply. As I have stated, the 2 cents tax has 

not raised the p~ice! but lowered it. 

XIX-46 . . 

Mr. MASON. Then I do not see how the sugar trust can -existMr. RANDALL. I know nothing about the sugar trnst, and I care nothing about it. But I can stute the business reason why sugar is 

1

higher than six months ago; and that is because the excessive production in the four great sugar-producing. countries of Europe and Cuba, 

the United States, and elsewhere was so great that they could not sell 

all that was produced. 

Now, it has come to the knowledge of these people that there must -

be a decrease in the productionofsugar, and weare therefore informed 

that the sugar product this year will be about three hundred thousand 

tons less than it was last year, and the effect of that has been to raise.-

the price of sugar about a cent a pound. 

Mr. MASON. If the "sugar trust," which everybody knows has 

been formed within the past twelve months, has not increased the price 

of sugar, will the gentleman explain the object of the organizati0n of 

the trust? 

Mr. RANDALL. I do not care what the object is, bnt if it is to get 

a higher price for sugar, the very best way to defeat it is to call public 

attention to the subject in the manner provided for in this resolution. 

Mr. MASON. Very well; you, then, are for the resolution. I am 

much obliged to you. 

Mr. CUTCHEON. Mr. Speaker, may we have ·the resolution reported once more ? 

Mr. RAYNER. Mr. Speaker, I desire to propose an amendment to 

the pending amendment. 

Mr. BACON. I yield three minutes to the gentleman from Mary- land. _ 

Mr. RAYNER. I am heartily in favor, Mr. Speaker, of the resolution, but my opinion about it is that it does not gofar enough, because 

it excludes from its operation the very sort of trusts that ought to be 

included under it. By its terms, the resolution expressly excludes every 

corporation incorporated by a State. In other words, ifthere is a corporation incorporated by the State of Maryland that has combined 

with another corporation, incorporat-ed by the State of Pennsylvania, 

for the purpose of ''pooling'' or otherwise controlling the market, and 

raising prices, such a combination, by the terms of this resolution, is 

excluded from its operation. Therefore, I say the resolution does not go 

far enough. It has been very weJl said by the gentleman from Pennsylvania [Mr. BRUMM] that the question of iff is only an incidental 

question in reference to this resolution. There are many corporations 

that have combined to~ether in relation to which the question of tariff 

does not arise at all. Take, for example, tbe case of the Western Union 

Telegraph Company, which has combined with or swallowed up every 

other telegraph company in the country for the purpose of controlling 

prices. Take what is probably the mostimportant casethatwillcome 

under the consideration of this committee, the Standard Oil Company. 

What is the Standard Oil Company? It is not a combination of individuals at all. It is a combination of different corporations, each one 

of which has been created by the sovereignty of its particular State, and 

which has combined with other corporations to go into that "trust." 

[Here the hammer fell.] 

Mr. RAYNER. Will the gentleman give me a little more time? 

Mr. BACON. I can not. 

Mr. RAYNER. Just one minute more. 

Mr. BACON. Mr. Speaker, how much time have I? 

The SPEAKER pro tempore. The gentleman has fi.tteen minutes remaining. 

Mr. B.A. CON. · Then I yield one minute more to the gentleman from 

:Maryland. 

Mr. RAYNER. Take the case that is now agitating the pu bHc mind 

to a large extent, the case of the Reading coal strike . . The Philadelphia and Reading Railroad Company is a corporation created by the 

State of Pennsylvania. The physical termini of the road are ·within 

that State, bnt it ships its products all over the country. That company has entered into a conspiracy to strike down labor in the Schuylkill region and to raise the price of coal, yet it is excluded from the operation of this resolution, because the resolution expressly says that it 

is not to include any corporation created by a State. If you are going 

to have an investigation of these pools and combinations, you should 

inc1ude them all. 

Mr. GROSVENOR. The gent1eman is mistaken about the scope of 

the resolution. 

Several members addressed the Chair. 

The SPEAKER pro tempore. The Chair will state the question. The 

gentleman from Maryland [Mr. RAYNER] proposes an amendment to 

the pending amendment, which will be read: 

The Clerk read as follows: 

Strike out in the last paragraph all after the word "names," which occurs in next to the last-line of said paragraph. 

A M~rBER. How will it read as amended ? 

The SPEAKER p1·o tempore. The amendment strikes out the words ' 

''but are not incorporated under the laws of any State.'' 

The Chair is inclined to think that this is not an amendment to the 

pending amendment. It does not cohere with the pending amendment. The gentleman can withdraw his amendment now and offer iii 

later. The Chair will recognize the gentleman from Maryland here-
' 

,' 

722 CONGRESSIONAL RECORD-HOUSE. JANUARY 25, 

after for that purpose. There is one pending amendment, and the only 

proposition in the nature of an amendment admissible now is an 

amendment to that. . l.Jr . .BACON. I yield two minutes to the gentleman from _West 

Virginia [.Mr. WILSON]. 

:Mr. WILSON, of West Virginia. Mr. Speaker, I simply desire to 

call the attention of my friend from Maryland [Mr. RAYNER] to the 

language of this preamble. The language to which he objects is part 

of the preamble, not a part of the resolution, and upon an examination 

of that language he will find that it is not subject to the criticism which 

he ma,kes upon it. It does not exclude corporations that a,re individual 

members of such trusts; it simply recites that the trusts, pools, com- bines or combinations, or whatever names they may be known under, are not incorporated, but it does n.ot exclude such combinations whether 

the' i ndi vidual members of them are corporations or individuals. I do 

not think, therefore, that the resolution is open to1the criticism of the 

gentleman from Maryland. 

1\fr. RAYNER. Of course the preamble does not make the law; I 

know that very well. But if the gentleman will look at the resolving 

part he will find this: 

Resolved, That the Committee on Manufactures be, and the same is hereby, 

directed to inquire into the names, number, and extent of such alleged combi- nations, etc. 

Now, what are "such alleged combinations?" "Such alleged com- binations'' in the prea.m ble exclude the very class of corporations which 

it is most desirable to reach. 

Mr. WILSON, of West Virginia. I do not understand, 1\Ir. Speaker, 

that these alleged combinations or trusts are incorporated at all. Mr. SPRINGER. Oh, yes. 

Mr. WILSON, of West Virginia. They are Yoluntary associations 

of individuals and corporations. The individual members of these 

combinations or tru ts are incorporated, but the combinations or trusts 

themselves are not incorporated. 

Mr. BRECKINRIDGE, of Arkansas. We have no objection to the 

amendment of the gentleman from Maryland. 

The SPEAKER pro tempore. The Chair will have read the amendment proposed by the gentleman from Pennsylvania [Mr. RANDALL], 

which is the pending amendment. 

The Clerk read as fol~ws: 

In the second line of the preamble, after the ·word "manufacturing," insert 

"producing." • In tbe third line, after the word "life," insert "and other productions." · In line 5 of the resolution, after the word "life," insert" and of all such pro- ductions." 

Mr. DUNN. I desire to ofrer an amendment to that amendment. 

The SPEAKER pro tcmpm·e. The Chair will st.'tte that tho first of 

the amendments just read is, properly speaking, the only one pending. 

The -amendment of the gentleman from Arkansas [Ur. DUNN] will 

have to be made to that'amendment. 

:Mr. DUNN. I want to make an ap}endment .to the amendment. 

.Mr. McCREARY. I desire to offer a substitute for the amendment 

proposed by the gentleman from Pennsylvania. Uy proposition is to 

strike out the preamble. I see no reason for a. preamble which simply 

recites that it is "alleged" by certain individuals that certa,in facts 

exist. What we want is simply to adopt tho resolution; it is not nec- essary to state what is "alleged" by cert..<tin individuals. Therefore, 

as a substitute for the pending amendments, I move to strike out the 

preamble so that we may then adopt the 1·esolution. 

Mr. BRECKINRIDGE, of Arkansas. If the preamble were struck 

out, the whole resolution would have to be modified. ' 

The SPEAK;ER 11ro tempore. A substitute can not be voted on till 

the text is perfected. 

Mr. ·BACON. It seems to me, 1\fr. Speaker, this discussion has 

reached a point where all gentlemen desiring to express themselves on the subject-matter of the resolution have done so, and I therefore move 

the previous question. 

Mr. LYNCH. I have an amendment which I desire to offer. 

The SPEAKER pro tempore. The gentleman from New York has 

demanded the previous question. 

Mr. GUENTHER. I rise to a parliamentary inquiry. Would it be 

in -order now to ask unanimous consent that the time of the gentleman 

from New York be extended for one hour so that he may parcel out 

that hour to other members who wish to address the House on this 

question? 

The SPEAKER pt·o tempore. The gentleman from New York, having the floor, has demanded the previous question. 

Mr. GUENTHER. Then I ask unanimous consent that the time ot 

the gentleman from New York be extended for one hour. 

Several members o~jected. 

Mr. BRECKINRIDGE, of Arkansas. We do not want this thing 

talked to death. 

:Mr. GUENTHER. I have no purpose of that kind-just the con- trary. I want a resolution adopted which will amount to something. 

Mr. BRECKINRIDGE, of Arkansas. The committee think this 

resolution very comprehensive and effective. 

Mr. GUENTHER If witnesses refuse to appear or to produce 

papers when called for there is no power to compel them under this 

resolution. 

Mr. WILSON, of West Vij:ginia. The committee can come to the 

House and obtain the necessary power. 

Ur. B.RECKINRIDGE, of Arkansas. I think the resolution in its 

present form is sufficient. 

1\Ir. RANDALL. I desire to have the Chair state whether the previous question, if now ordered, would prevent the House from voting on the proposition of-the gentleman from Jrlaryland. 

Mr. HATCH. That is pending. 

Mr. RANDALL. I would like to know from the Chair whether it 

is pending. 

The SPEAKER pro tempore. It is not pending. 

Mr. RANDALL. Then the previous question should be voted down, so that the House may have an opportunity to vote on the amendment 

of the gentleman from Maryland. 

A MEMBER. Let it be considered a.s pending by unanimous consent. 

The SPEAKER pro tempore. If there be no objection, the amendment of the gentleman from l\Ia.ry land will be considered as pending. 

The Chair hears no objection. 

Mr. BACON. I now call the previous question ou the resolution 

and pending amendments, and I insist on a vote. 

Mr. HOPKINS, of Illinois. I rise to a. parliamentm·y inquiry. 

Would it be in mder to. move to recommit this resolution, with the 

amendments, to the Committee on Manufactures? 

:Mr. ANDERSON, of Kansas. Oh, no. 

:Mr. HOPKINS, of illinois. It must be apparent t-o the House that 

every member has some amendment which be desires to offer. Now, it 

seems to me, if the resolution is to be adopted, it ought to be properly 

considered, and should be made broad enough to cover all the subjects 

it is intended to embrace. The only way of accomplishing this is to 

recommit theresolution, with the amendments, and let the Committee 

on lt!anuiactures report a resolution in proper shape. 

The SPEAKER pro tempore. The gentleman from illinois has the 

right to make the motion he has indicated. 

Mr. HOPKINS, of Illinois. I move, then, to recommit the I·esolution, with the amendments, to theCommitteeon Manufactures, so that 

they may reporLa new resolution to the House. 

Ur. GROSVENOR. I move to amend that motion by adding the 

instructions which I send to the desk. ' 

The Clerk read as follows: 

And if tl;e said committee report, by bill or otherwise, a provision looking to the regulation of the business of companies formed and hitherto controlled and 

regul.'l.ted by State laws, passed by the Legislatures of the several States of the 

Union, then that said committee report a proper eulogy and epitaph commem- orative of the life, pul;>lic sen·ice, and death of the ancient doctrine of State's 

rights, with the time and circumstances of the abandonment of said doctrine by 

the Democratic party. 

[Laughter. J 

Mr. RANDALL. I make a point of order on the amendment that 

it is not germane. 

The SPEAKER pro tempore. The Chair sustains the point of order . Mr. BRU IU. I mo...-e to amend by striking out all of the first line of 

the resolution after the word "resolved," and inserting the following: 

That a special committee of the House be appointed. :mel. 

The SPEAKER p1·o tempore. The question is on the amendment of 

the gentleman from Pennsylvania. 

l\1r. RANDALL. Is not the question on ordering the previous q uestion? 

The SPEAKER pro tempore. · The question is on the amendment to 

the motion to recommit. 

Several .ME IBERS. What is the question? 

The SPEAKER pro te-mpore. The question is on the motion of the 

gentleman from Illinois [Mr. HOPKINS] to recommit, to which the 

gentleman from Pennsylvania [Mr. BRUi\HI] moves an amendment. 

Mr. BRUA-UI. I call for the reading of the motion as it will be if 

amended. 

The Clerk read the motion as it would be if amended. - The SPEAKER pro tempore. The question recurs on the amendment of the gentleman from Pennsylvania. 

Mr. DUNN. I rise to a parliamentary inquiry. 

The SP:aA.KER pro tempore. The gentleman will state it. 

11r. DUNN. Is it in order now to substitute the Judiciary Committee for the Committee on Manufactures? 

Mr. RANDALL. This committee has originated it. 

The SPEAKER pro tempo1·e. 1t would not be germane to the pending amendment. The question recuiTed on Mr. BRUMM's amendment, and it was rejected. 

111r. DUNN. I move to strike out "Manufactures" and insert 

"Judiciary." • The amendment was rejected. 

M:r. LYNCH. I. move the following amendment. 

The Clerk read as follows: 

Amend by inse rting in the second line of the preamble, ailer the word "en• 

gaged," the words "as common carrjers or." 

Mr. RAYNER. Let that amendment be again read . 

• 
\ I 

1888. CONGRESSIONAL RECORD-HOUSE. 723 

The amendment was again read. . 

Mr. BACON. Is this an amendment of the resolution or of the mo- tion to recommit? 

The SPEAKER pro tempore. Of the motion to recommit. 

l\Ir. RAYNER. Read it as it will be if amended. 

'l'he amendment was read as it would be if amended. 

Mr. BACON. I now demand the previous question on the motion 

to recommit. 

The SPEAKER pro tempore. The gentleman has not the floor. 

l\Ir. HOU1ES. I ask the gentleman to withdraw it. 

Mr. LYNCH's amendment was agreed to. 

Mr. HOPKINS, of Illinois. I demand the previous question on my 

motion to recommit. 

Mr. BACON. I hope that will be done. 

l\lr. BRUUM. I wish to include, merely, "internal revenue." 

The SPEAKER pro tempore. The question is on the demand for the 

previous question. 

The previous question was ordered; and under the operation thereof 

the motion to recommit was disagreed to. 

l\Ir. BACON. I now demand the previous question on the adoption 

of the resolution and amendments. '" 

1\:Ir. GUENTHER. Is it time to offer a substitute? 

Mr. BURROWS. If this resolution prevail will it not be in order 

for the House at any time to enlarge the scope of this inquiry? [Cries 

of " Regular order ! "J 

The previous question was ordered. 

The SPEAKER pro tempo1·e. The question first recurs upon the 

amendment, which the Clerk will read. · 

The Clerk read as follows: 

After the word" manufacturing,;, in the second line of the preamble, insert "producing." 

Mr. RANDALL. I hope that will be agreed. to. 

The amendment was adopted. 

The Clerk read as follows: 

In the third line of the preamble, after the word "life," insert .,. and other pro- ductions." 

l\fr. BACON. That is right. 

The amendment was agreed to. 

The Clerk read as follows: 

In the fifth line of the resolution, after the word " life," insert " and all pro- ductions." 

Mr. BACON. That is right. 

The amendment was agreed to. 

Mr. RAYNER. I move, in the first paragraph, after the word 

''names," to strike out" which are not incorporated under the law of 

any other State.'' 

The amendment was agreed to. 

Mr. WEAVER. Let the resolution be read as amended. 

The SPEAKER pro tempore. It has been read. 

The resolution, as amended, was then adopted. 

Mr. BACON moved to reconsider the vote by which the resolution, 

as amended, was adopted; and also moved that the motion to recon- sider be laid on the table. 

The latter motion was agreed to. 

JOSEPH COX. 

Ur. BROWNE, of Indiana. I move, by unanimous consent, w discharge the Committee on Invalid Pensions from the further consideration of the bill (H. R. 2131) for the relief of Joseph Cox, administrator 

of Charles Pasters, deceased, and to put it upon its' passage at this time. 

Tbe bill was read, as follows: 

Whereas Charles Pasters, of Randolph County, Indiana, was, on the 12th day 

of January, A. D. 1884, granted a pension, for which a certificate was then and 

there duly issued to him; that there was due said Pasters on said certificate the ~um .of .S48?.73; that a voucher for said sum was duly executed by said Pasters, 1n his lifetime, and returned to the proper United States pension agent at In- dianapolis, Ind.; and 

W~ereas said Pasters, on the 25th day of January, A. D. 1884, and before he ~~~IVed the check for said sum, died~ leaving no widow or child surviving him; 

'Vhereas afterwards, to wit, on the 31st day of January, A. D. 1884, the United 

States pension agent aforesaid issued a check for the sum aforesaid payable to said Pasters; and • · Whereas said check was delivered to Joseph Cox, who was the dul/'appointed 

administrator of ~aid Pasters, as a. part of his (said Pasters's) estate; and ~hereas the !laid Cox:, as such administrator, under the direction of the cirCUit court o~ said Randolph Co~nty, applied, in good faith, the proceeds of said 

check, to wit, the sum aforesaid, to the payment of the funeral expenses and 

other indebtedness of said Pnsters; and 

Whereas the United States has brought suit against the said Joseph Cox tore- coYer the sum aforesaid: Therefore, Be it enacted, etc., That said Joseph Cox he, and he is hereby, fully acquitted 

and discharged from all liability to the United States on account of the collection of the check afort>said, or the appropriation thereof, or of its proceeds, or 

~!i~e sum of the $4.83. 73 so allowed said Charles Pasters, deceased, as afore1\fr. BROWNE, of Indiana. I wish to &'\y that the Pension Office 

is in favor of this bill, and the suit is suspended to enable me to o-et 

this relief. .., 

There was no objection, and the Committee on Invalid Pensions was discharged from the further consideration of the bill; and it was ordered 

to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. 

Mr. BROWNE, of Indiana, moved to reconsider the vote by which . 

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

laid on the table. 

Th"e latter motion was agreed to. 

Mr. BLAND. 

Mr. PAYSON. 

ence. 

l\Ir. BLAND. 

ORDER OF BUSINESS. 

I move that the House do now adjourn. 

I ask unanimous consent to present a bill for referVery well. 

- SALES OF CERTAIN PUBLIC LANDS. 

Mr. PAYSON, by unanimous consent, introduced a bill (H. R. 5934) 

to confirm certain snles of public lands, and for other purposes; which 

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

Public La.nds, and ordered to be printed. 

The motion of Mr. BLAND was then agreed to; and accordingly (at 3 

o'clock a.nd 15 minutes p. m.) the House adjourned. 

PRIVATE BILLS AND JOINT RESOLUTIOSS INTRODUCED AND RE- FERRED. 

Under the mle private bills and joint resolutions of the following 

titles were introduced and referred as indicated below: 

By M:r. WHEELER: A bill (H. R. 5935) for the relief of F. W. Carroll-to the Committee on War Claims. 

By 1\fr. VANDEVER: A bill (H. R. 5936) granting a pension to 

Mary L. Munnon-to the Committee on Invalid Pensions. 

By 1.~. MASON: A bill (H. R. 5937) for tbe relief of A. l\I. Benjamin-to the Committee on Military Affairs. 

Also, a bill (H. R. 5938) for the relief of John C. Phillips-to the 

Committee on ]'l,filitary Affairs. 

By l\Ir. BYNUl\1: A bill (H. R. 5939) for the relief of Uatthew E. 

Jackson-to the Committee on l\filitary Affairs. 

Also, a. bill (H. R. 5940) for the relief of George Gallahue-to the 

Committee on Military Affairs. 

Also, a bill (H. R. 5941) granting a pension to Nicholas Klock-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 5942) granting a pension to John McCnrley-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 5943) granting a pension to John Sbeafer-to the 

Committee on Invalid Pensions. 

By l\lr. HOLMES: A bill (H. R. 5944) granting a pension t{) john 

T. Lane-to the Committee on Invalid Pensions. 

By Mr. CONGER: A bill (H. R. 5945) granting a pension to Joanna 

W. Turner-to the Committee on Invalid Pensions. 

By Mr. LYMAN: A bill (H. R. 5946) for the relief of Sarah C. Hyland, widow of Ed ward F. Hyland -to the Committee on In valid Pensions. By JI.Ir. A. R. ANDERSO:N: A bill (H. R. 5947) for the relief of officers and men of Thirty-fourth Regiment Iowa Infantry Volunteei·~­

to the Committee on Military Affairs. 

By l\Ir. RYAN: A bill (H. R. 5948) for the relief of Charles E. 

Wheeler-to the Committee on War Claims. 

Also, a bill (H. R. 5949) for the relief of Lipman Meyer-to the Committee on War Claims. 

By Mr. FUNSTON: A bill (H. R. 5950) to increase the pension of 

John Smith-to the Committee on Invalid Pensions. 

By l\Ir. LAFFOON: A bill (H. R. 5951) to provide for the issue to 

William Clabaugh of bonds of the District of Columbia on account of 

the l\1 street bridge across Rock Creek, in the city of Washington__:_to 

the Committee on the District of Columbia. 

Also, a bill (H. R. 5952) for the reliefofS. B. Younglore-to the Committee on War Claims. 

By Mr. G. :M. THOMAS: A bill (H. R. 5953) for the relief of Margaret 

Holland-to the Committee on Invalid Pensions. 

By 1\fr. LAGAN: A bill (H. R. 5954) for the relief of Catherine M. 

Pritchard-to the Committee on War Claims. · 

By Mr. RAYNER: A bill (H. R. 5955) for the relief of Peter Targarona-to the Committee on Claims. 

By Mr. O'DONNELL: A bill (H. R. 5956) t{) increase the pension of 

Israel C. Wells-to the Committee on Invalid Pensions. 

By l\Ir. HEARD: A bill (H. R. 5957) granting a pension to Aaron 

Sternes-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5958) granting a pension to Morgan Welsh-to the 

Committee on Invalid Pensions. 

By Mr. CUMMINGS: A bill (H. R. 5959) granting an increase of 

pension to Michael Corbin-to the Committee on Invalid Pensions. 

By Mr. FITCH: A bill (H. R. 5960) granting a pension to Charles 

Ludemarui-to the Committee on Invalid PensiOns. 

By Mr. COX: A bill (H. R. 5961) to increase the pension now paid 

to Mrs. D. P. Woodbury-to the Committee on Invalid Pensions. 

By Mr. BROWER: A bill (H. R. 5962) for the relief of John S. 

Leary and Matthew N. Leary,jr., executors of l\iatthew N. Leary, deceased-to the Committee on War Claims . 

• 
724 CONGRESSIONAL RECORD-HOUSE. J ANU.A.RY _ 25, 

· By Mr. SIMMONS: A bill (H. R. 5963) for the relief of William L. 

Palmer-to the Committee on War Claims. 

· Also, a bill (H. R. 5964) grunting a pension to Garrett C. Moge-to 

the Committee on Invalid Pensions. 

By .M:r. J. E. CA.l\fPBELL: A bill (H. R. 5965) for the relief of the 

· heirs-at-law of Charles K. Smith, jr.-to the Committee on Military 

Affairs. 

By Mr. WICKHAM: A bill (H. R. G6) granting a pension to Mrs. 

~epha A. OsLorn-to the Committee on Invalid Pensions. 

By Mr. SCULL: A bill (H. R. 5967) to remove the charge of desertion against Jacob L. Brand-to the Committee on Military Affairs. 

By Mr. RANDALL: A bill (H. R. 5968) to ascertain the relations to 

commerce of Smith's Island and Windmill Island in the Delaware 

River, between Philadelphia, Pa., and Camden, N._J.,. and to improve 

• the navigation of Delaware River-to the Committee on Rivers and 

Harbors. 

By Mr. OSBORNE: A bill (H. R. 5969) granting a pension to Philip 

Arner-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5970) granting a pension to Henry Barkey-to 

the Committee on Invalid Pensions. · 

By Mr. SCULL: A bill (H. R. 5971) granting a pension to Joseph 

Riggle-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5972) granting a pension to Elwood P. Scotten--=-

to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5973) granting a pension to Henry McKinney-to the 

Committ{le on Invalid Pensions. 

Also, a bill (H. R. 5974) granting a pension to Christiana Schneider-to the Contmittee on Invalid Pensions. 

Also, a bill (H. R. 5975) granting a pension to Sarah L. Bryan-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 5976) to remove the charge of desertion against 

Thomas Amey-to the Committee on Military Affairs. 

Also, a bill (H. R. 5977) to remove the charge of desertion against 

Jacob L. Dilling-to the Committee on Military Affairs. _ 

Also, a bill (H. R. 5978) to "remove the charge of desertion against 

James Mathews-to the Committee on Military Affairs. 

Also, a. bill (H. R. 5979) to remove the charge of desertion against 

Herman Gandig-to the Committee on Military Affairs. 

By Mr. ENLOE: A bill(H. R. 5980)forthereliefof Jacob F. Fisherto the Committee on War Claims. 

By Mr. T. H. B. BROWNE: A bill (H. R. 5981) for the relief ofFrank 

Hanlein, of Washington, D. C.-to the Committee on War Claims. 

Also, a bill (H. R. 5982) for the relief of George Field-to the Committee on the District of Columbia. 

By Mr. BOWDEN: A bill(H. R. 5983) fortherelief of Luke F. Johnson-to the Committee on War Claims. · 

By l\1r. T. J. HENDERSON: A bill (H. R. 5984) for the relief of 

James Gaster-to the Committee on Claims. 

By Mr. GOFF: A bill (H. R. 5985) to increase the pensions of Mrs. 

Mary Ann Cross, Urs. Minnie L. Gardner, and Mrs. Lillie May Pavy 

to $30 a month-to the Committee on Invalid Pensions. 

By 1\fr. CLARK: A bill (H. R. 5986) granting an increase of pension 

to Frederick Moser-to the Committee on Invalid Pensions. 

. By Mr. DUBOIS: A bill {H. R. 5987) granting a pension to James 

Larsen-to the Committee on Invalid Pensions. 

By 1\fr. JOSEPH: A bill {H. R. 5988) for the relief of William Iversto the Committee on War Claims. 

By Mr. BOWDEN: A bill (H. R. 5989) to remove the charge of desertion from Michael Sullivan, alias Michael Murphy-to the Committee on Military Affairs. 

Also, a bill (H. R. 5990) granting a pension and arrears of pension to 

Patrick Foley-to the Committee on Invalid Pensions. 

By Mr. WADE: A bill (H. R. 5991) for the relief of John T. Was- son-to the Committee on War Claims. 

Also, a bill (H. R. 5992) for the relief of Elizabeth Painter, widow 

of John Painter-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 5993) granting a pension to Martin Epperson-to 

the Committee on Invalid Pensions. · 

Also, a bill (H. R. 5994) granting a pension to Lucretia Henson-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 5995) granting a pension toW. M. Vancman-to 

the Committee on Invalid Pensions. 

PETITIONS, ETC. 

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

under thE} rule, and referred as follows: 

By Mr. E. P. ALLEN: Petition of 114 citizens of the Second district 

of Michigan, for prohibition in the District of Columbia-to the Select 

Committee on the Alcoholic Liquor Traffic. 

By Mr. A. R. ANDERSON: Papers in the case of Benjamin F. Raiff, 

for relief-to the Committee on War Claims. 

By Mr. ATKINSON: Petition of200 citizens of ~ew Bloomfield; of 

100 citizens of Waynesborongh; of 100 citizens of Salnvia, and 110 

citizens of Greencastle, Pa., against the admission of Utah as a State-to 

the Committee on the Territories. 

By Mr. C. S. BAKER: Petition of Dr. M. B. Anderson, president, and 

• 

others of the faculty of the University of Rochester, N. Y., in favor 

of a.n international copyright Jaw-to the Committee O\l Patents. 

By Mr. BANKHEAD: A bill to provide for the improvement of the 

Sipsey River, Alabama-to the Committee on Rivers and Harbors. 

Also, a bill to provide for the improvement of the Tombigbee River, 

in Alabama and Mississippi-to the Committee on Rivers and Harbors. 

By Mr. BOUND: Petition and remonstrance of citizens of Harris· 

burg, and of Dauphin, Pa., against the admission of Utah as a Stateto the Committee on the Territories. 

By Mr. BOUTELLE: Petition of George B. ""Page and 132 others, citizens of the Fourth district of Maine, for prohibition in the District of 

Columbia-to the Select Committee on the Alcoholic Liquor Traffic. 

By Mr. C. R. BRECKINRIDGE: Papers in the case of B. F. Rich· 

ardson, and of estate of Moses S. McCord-to the Committee on War 

Claims. 

· By Mr. J. R. BROWN: Petition of William F. Williams, administrator 

of James Williams, of Greenbrier County, West Virginia, for reference 

of his claim to the Court of Claims-to the Committee on War Claims. 

By 1\fr. BUTTERWORTH: Petition of L. B. Wynne and others, for 

an appropriation to pay salaries due but withheld on account of failure 

to comply .with technical rule in matter of taking and subscribing official oath-to the Committee on Appropriations. 

By Mr. FELIX CAMPBELL: Petition of the board of supervisors of 

Kings County, New York, urging an appropriation for a monument at 

Brooklyn, N. Y.-to the Committee on Military Affairs. 

By Mr. T. J. CAMPBELL: Joint resolution authorizing and reqnir· 

ing the Secretary of War to contract for the improvemE'.nt of Harlem 

River navigation-to the Committee on Rivers and Harbors. · 

By Mr. CARUTH: Papers relating to the granting of a pension to 

Emily Goodall-to the Committee on Invalid Pensions. 

Also, papers relating to the home for Mexir.an veterans-to the Committee on l\1ilitary Affairs. · 

By Mr. COGSWELL: Pet-ition of Henry C. Richardson, for compensation for property captured by the Nez Perc~ Indians-to the Select 

Committee on Indian Depredation Claims. 

By Mr. COMPT0N: Petition of 19 citizens of the Fifth district ot 

Maryland, for prohibition in the District of Columbia-to the Select 

Committee on the Alcoholic Liq nor Traffic. 

By Mr. COX: Memorial of superintendents of blind asylums in the 

United States, for the enactment of a law to promote the higher instruction ofthe blind, etc.-to the Committee on Education. -

By Mr. CRAIN: Papers in the case of Lewis Parker, for relief-to 

the Committee on War Claims. 

By 1\Ir. ENLOE: Petition for the relief of Lindsey Sanders, of Bethel, 

McNairy County, Tennessee-to the Committee on Invalid Pensions. 

Also, papers in the case of V. B. Walker, for relief-to the Committee on War Claims. 

By Mr. FORNEY: Petition of J. P. Robei'Son, of Seddon, Ala., for 

reference of his claim to the Court of Claims-to the Committee on 

War Claims. 

Also, a. bill for the improvement of the Coosa River, in Alabama and 

Georgia-to the Committee on Rivers and Harbors. . 

By 1\Ir. FRENCH (by request): Petition of75citizensofthe Second 

district of Connecticut, for prohibition in District of Columbia-to the 

Select Committee on the Alcoholic Liquor Traffic. 

By Mr. FUNSTON: Petition of citizens of Allen Connty, Kansas) to 

increase the pension of John Smith, late of Company G, Second New 

York Heavy Artillery-to the Committee on Invalid Pensions. 

By Mr. GEST: Petition of 36 citizens of the Eleventh district of 

Illinois, for prohibition in District of Columbia-to the Select Committee on the ~coholic Liquor Traffic. 

By Mr. GROUT: Memorial of A. A. Snrgeen and A. P. Frick, with 

proposed measure of relief-to the Committee on Military Affairs. 

By Mr. HEMPHILL (by request): Protest of Harvey Spalding and 

99 otherR, citizens of the District of Columbia, against the right of the 

Baltimore and Ohio Railroad to tunnel under Tenth and Eleventh 

streets-to the Committee on the District of Columbia. 

By Mr. HO.O:KER: Papers in the claim of Samuel B. Harris and of 

Maria.. C. Buie, of Mississippi-to the Committee on War Claims. 

Also, petition for an international copyright law-to the Committee 

on Patents. 

By Mr. S. I. HOPKINS: Petition of citizens of Wythe County, Virginia, against the removal or reduction of the duty on coal and iron 

ores-to the Committee on Ways and Means. 

By Mr. JOSEPH: Papers in the case of William Ivenz, for reliefto the Committee on War Claims. 

By Mr. KENNEDY: Petition of W. S. Foster and 37 others, for the 

passage of a bill for the suppression of contagious diseases among cattle-to the Committee on Agriculture. , By Mr. KETCHAM: Petition of Professor James M. Taylor and 26 

others, of the faculty of Vassar College, Pol)ghkeepsie, N. Y., for the 

removal of the duty on books and on apparatus for scientific investigation-to the·Committ{le on Ways and Means. , Also, petition of Professor James M. Taylor and 23 others, of the 

faculty of Vassar College, Poughkeepsie, N. Y., for the speedy enactment of an international copyright law-to the Committee on Patents. 
1888. CONGRESSIONAL RECORD~SENATE~ 

By ~r. LAFFOON: l\iemorial of William Clabaugh, as to M street 

bridp;e, District of Columbia-to the Committee on the District of Columbia. 

By Mr. LEE: Papers in the case of Sarah A. Beckham, of Sarah A. 

Freeman, of John Lowry. of William Hough, of Oliver Bartley, of John 

R. Hornbaker, of John W. Jones, of Robert Waters, of Robert Green, 

of Mrs. William Francis, of Willis Long, and of Martha A. Boxley, of 

Virginia-to the Committee on War Claims. 

By Mr. McCULLOGH: Petitions of citizens of the Twenty-fourth district of Pt'nnsylvania, and of Hev. A. B. !iller, president of Waynesburgh College, and 100 others, citizens of Greene County, Pennsylvania, 

for prohibition in the District of Columbia-to the Select Committee •on the A.lcobolic Liquor Traffic. 

By Mr. McKINLEY: Petition of98citizensofGray'sHarbor, ofl,037 

citizens of Port Gamble and Port Ludlow, Wash., and of 198 mill-owners, loggers, and others, citizens of Oregon and Washington Territory, 

against any disturbance of the existing tariff on lumber-to the Committee on Ways and Means. 

By Mr. MANSUR: Petition of 150 citizens of the Second district 

of Missouri, for prohibition in the District of Columbia-to the Select 

Committee on the Alcoholic Liquor Traffic. 

By Mr. MILLIKEN: Petition of· Alonzo Sno.w and others, for the 

improvement of Bagaduce River, in Hancock County, Maine-to the 

Committee on Rivers and Harbors. 

By Mr. MOFFITT: Petition of H. T. Cowen a~d others, to establish 

a system of telegraphy-to the Committee 9n the Post-Office and PostRoads. 

Also, petition of L. Solomon and others, for repeal of the law limiting 

pension-arrears act-to the Committee on Invalid Pensions. 

By Mr. MORGAN: Papersin the claim of John D. Baum; ofMichael 

F. Woods; of Mrs. Angeline Floyd; of John G. Campbell, and of E. 

P. Ward, .of Mississippi-to the Committee on War Claims. 

By Mr. MORSE: Petition of Paint and Oil Club of New England for 

the enactment of such legislation as will relieve those who sell pure 

alcohol only from the burden of a special license tax-to the Committee on Ways and Means. 

By Mr. NELSON: Petition and supporting affidavits for the improvement of Big Stone Lake, Minnesota-to the Committee on Rivers and 

Harbors. . 

By Mr. O'DONNELL: Petition of 113 citizens of Eaton Rapids, 

Mich., for increase of pension of Israel C. Wells-to the Committ€.e on Invalid Pensions. 

By Mr. PERRY: Petition of J. E. Hoffman and others, for an appropriation to continu·e the improvement of the Cvngaree River, South 

Carolina-to the Committee on Rivers and Harbors. 

By Mr. REED: Petition of David D. Spear, M. D., and other citizens of 1\fai e, for the improvement of the Hawasukett River-to the 

Committee on Rivers and Harbors. 

By Mr. RICHARDSON: Petition of Martin Enlers; of administrator 

of Susan Burt, of Bedford County, and of executor of A. M. Stovall, 

_ and of administrator of Samuel Warren, of Franklin County, Tennessee, for reference of their claims to the Court of Claims-to the Committee on War Claims. 

By Mr. SENEY: Memorial of Cleveland Vessel-Owners' As::ociation 

for legislation to secure better protection to navigation-to the Committee on Commerce. 

By 1\Ir. SHAW: Petition of Hazlett F. Owens, for a pension-to the 

Committee on Invalid Pensions. 

Also, petition of Marine Engineers' Association, No. 32,of Baltimore, 

Md., for relief-to the Committee on Claims. 

By Mr. SHIVELY: Petition of Joseph S. Lewis, a soldier of the 

Seminole war-to the Committee on Invalid Pensions. 

By Mr. SPRINGER: Petition and papers of John Dale, claiming to 

be elected a Delegate to the Fiftieth Congress-to the Committee on the Territories. 

Also, petition of 0. G. Chase, claiming to be elected a Delegate to the 

Ji'iftieth Congress-to the Committee on the Territories. 

By Mr. STOCKDALE: Petition of Washington Weir, executor of 

Levi B. Field, and of the heirs of Cyrus Marsh, of Adams County, and 

of Joseph R. Au mock, heir of Sophia A.umock, of Amite County, Miss-issippi, for reference of their claims to the Court of Claims-to the 

Committee on War Claims. 

By Mr. STONE. of Kentucky: Papers in the claim of Daniel T. 

Hedges and others-=to the Committee on Claims. 

By .Mr. WADE: Petition of Martin Epperson, for a special-act pension-to the Committee on Invalid Pensions. 

Also, petition of John T. Wasson, for reference of his claim to the 

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

Also, petition of ex-soldiers, for equalization of bonn ties-to the Committee on Invalid Pensions. 

By Mr. WHEELEU: Petition of William S. Legg, of Limestone 

County; of John Lawler, of Madison County; of J.P. Bynum, administrator of Robert Bynum, of Jackson Count.y; of J. A. Patterson, of 

Colbert County, and of A. J. Shelton, of Lawrence County, Alabama, 

for reference flf their claims to the Court of Claims-to the Committee 

9n War Claims. 

By Mr. WILLIAMS: Petition of 13 veteran soldiers of Miami County, 

Ohio, asking for amendments to pension laws-to the Committee on Invalid Pensions. 

By Mr. YARDLEY: Petition of Samuel F. Engle, of Montgomery 

County, Pennsylvania, for the abolition of the tax on tobacco, and the 

removal of the bail bond or the reduction of the same-to the Committee on Ways and Means. 

By Mr. YOST: Mem01·ial of citizens of Wythe County, Virginia, 

protesting against the reduction of duty on coal or coke, and asking a hearing before the committee-to the Committee on Ways and Means. 

Also, papers in the claim of Zachariah .F. Col breath; of John Engleman; of Jacob Stover; of William T. Fauber; of W. D. Hemp; of Peter 

EJinger; of Jacob B. Carwell, and of Michael Carwell, of Virginia-to 

the Committee on War Claims. 1 

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

By Mr. A. TKINSON: Of citizens of Spence Hill, of Sarah and Aitch, 

and of Scotland, Pa. 

By Mr. J. E. CAMPBELL: OfcitizensofBrazier, Clermont County, 

Ohio. 

By Mr. CARUTH: Of citizens of Prospect, Ky. 

By l\Ir. ERMENTROUT: Of Samuel Hartz and others, of Berks 

County, Pennsylvania. 

By· Mr. McCULLOGH: Of citizens of Boyle, Westmoreland County, 

P~nnsv 1 vania. 

By Mr. MANSUR: Of 55 citizens of Missouri. 

By Mr. ROWLAND: Of citizens of Gibraltar, N. C. 

SENA~E. 

THURSDAY, Jawuary 26, 1888. I 

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

The J onrnal ~f yesterday's proceedings was read and approved. 

EXECUTIVE COl'tiM1JNICATION. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of War, transmitting, in response to a resolution of the 13th instant, a report from the Lieutenant-General of the 

Army, relative to the removal of the garrison from Fort Canby, in 

Washington Territory; which,. with the accompanying papers, was 

ordered to lie on the table and be printed. 

PETITIONS AND MEMORIALS. 

The PRESIDENT pro tempore presented a petition of 128 citizens of 

the District of Columbia, praying for prohibition in the District of 

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

Ur. VANCE presented a petition of 78 citizens of the District of 

Columbia, praying for prohibition in the District of Columbia; which 

was referred to the Committee on the District of Columbia. 

fr. FARWELL presented a petition of the Chicago (Ill.) Board -of 

Trade, praying for retaliatory legislation against France and Germany 

for excluding American meat; which was referred to the Committee on 

Foreign Relations. 

Ur. SHERMAN. I present a petition of members of the Society of 

Friends, as:;:;embled in conference at Richmond, Ind., in favor of peace 

arbitration with Great Britain. This is a highly respectable body of 

·men! whose principles lead them to advocate this policy perhaps moTe 

strongly than any other portion of the people of the United States, and 

as such their petition is entitled to respectful consideration. I move 

that the pe~Hion be referred to the Committee on .r;;oreign Relations. 

The motion was agreed to. 

l\fr. SHE I:{MA.N presented a petition of members of the faculty of Otterbein University, at Westerville, Ohio, and a petition of members of 

the faculty of Denison University, at Granville, Ohio, praying for the 

passage of an international copyright law; which were referred to the 

Committee on Patents. 

He also presented a petition of 48 citizens of Ohio, praying for the 

passage of the bill for the extirpation of eontagious pleuro-pneumonia; 

-whwh was referred-to the Committee on Agriculture and Forestry. 

Mr. STOCKBRIDGE presented a petition of 80 citizens of the Second Congressional district, a petition of 92 citizens of the Ninth Congressional district, and a petition of 50 citizens of the Third Congressional district of the Sta,te of Michigan, praying for prohibition in the 

District of Columbia; which were referred to the Committee on the 

District of Columbia. · 

Mr. QUAY presented a petition of the faculty of Franklin and Marshall College, in Pennsylvania, praying for the passage of an international copyTightJaw; which was reterred to the Committ-ee on Patents. 

He also presented a petition of 130 citizens of the Twenty-seventh 

Congressional district of Pennsylvania, praying for prohibition in the 

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