32 CONGRESSIONAL RECORD-HOUSE. DECEMBER 4, 

Mr. M..\TTHEWS. I desire to give notice that when the bill is 

taken· up I shall submit certain amendments which I hold in my hand, 

.and I move that they now be printed and laid on the table. 

The motion to print was agreed to. 

HOUSE BILLS REFERRED. 

Mr. WINDOM. I ask that the Military Academy and fortification 

appropriation bill just received from the House of Representatives 

be taken from the table and referred to the Committee on Appropriations. 

The VICE-PRESIDENT. The Chair will lay those bills and other 

bills received from the House of Representatives before the Senate. 

The following bills from the House of Representatives were sev- erally read twice by their titles, and referred to the Committee on 

Appropriations: 

A bill (H. R. No. 5:230) making appropriations for the support of 

the Military Academy for the fiscal year ending Juno 30, 1880, and 

for other purposes ; and 

.A. bill (H. R. No. 5231) making appropriation8 for fortifications and 

()ther works of defense, and for the armament thereof, for the fiscal 

year ending J nne 30, 1b80, and for other purpo..ses; 

The joint resolution (H. R. No. 201) proposing an amendment to the 

Constitution prohibiting the payment of claims of disloyal persons 

for propert.y injured or destroyed in the late war of the rebellion wns read twice by its title, and referred to the Committee on the 

Judiciary. 

The bill (H. R. No. 5219) granting a pension to Belinda McDonald was read twice by its title, and referred to the Committee on Pen~ 

sions. 

The bill (H. R. No. 5220) to amend an act approved August 14, 1876, 

entitled ".A.n act making appropriations for the payment of claims 

reported allowed by the commissioners of claims under the act of ·congress of March 3, 1871, and for other purposes," was read twice by 

its title, and referred to the Committeo on Claims. 

EXECUTIVE SESSION. 

The VICE-PRESIDENT. Is there further business of the morn- ing hour f [.A. pause.] Will the Senate proceed to the consideration 

of the Calendar of general roders ! 

Mr. ED~IUNDS. Mr. President, I move that the Senate proceed 

to the con§ideration of executive business. I belie\e there are some messages which ha\e been received to-day. 

The motion was agreed to ; and the Senate proceeded to the con- sideration of executive business; after twenty-two minutes spent in 

executive session the doors were reopened, and (at one o'clock and 

ten minutes p.m.) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, December 4, 1878. 

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

lV.P.~ON,D.D. 

The Journal of yesterday was read and approved. 

ORDER OF BUSTh'ESS. 

The SPEAKER. The regular business for this morning, fixed by ~ssignment under suspension of the rules, or unn.nimous consent, 

which is equivalent, is the consideration of the bill coming over from la~t session, known as the Geneva award bill (H. R. No. 4553) to provide for the further distril:iution of the moneys received under tho 

Geneva award. 

Mr. KNOTT. Mr. Speaker, in consequence of the absence of a num- ber of gentlemen who feel a deep interest in this measure, espeoially 

several members of the Judiciary Committee who desire to be heard, 

I respectft..11ly ask, at their I'equest, that the consideration of this bill 

be postponc<l by unanimous consent until next Tuesday, to hn.ve then 

the same privileges which it now has upon the Calendar. 

The SPEAKER. Is there objection to the proposition of the gentleman fTom Kentucky Y • Mr. REAGAN. I have no objection to making this order if it is 

not to interfere with the previous order with reference to the bili 

relating to interstate commerce. Mr. FRYE. I understand the proposition of the gentleman from 

Kentucky to be that this Geneva a:ward bill shall come up next 

Tuesday with the same rights and privileges which it now has. 

Mr. KN0'IT. Precisely so. Mr. FRYE. That is, to continue before the House from day to day 

until disposed of. 

The SPEAKER. The order of. the Honse on this subject will be 

read, so that the exact posit~on of the bill may be understood. 

The Clerk read as follows : 

June 1, 1878, the bill reported without amendment, made the special order for 

Wednesday, December 4~ 1872, after the reading of the Journal, and from day w day thereafter until disposea of. 

The SPEAKER. The Chair desires to say, in reply to the gentle- man from Texas, [Mr. REAGAN,] that this speciAl order now interferes with t.be unfinished business in which the gentleman from Texas 

is interested; and if this special order is to retain all its I'i(Thts, as proposed by the gentleman from Kentucky and as understood by the 

gentleman from Ma.ine, [Mr. FRYE,] it will o.f course still interfere 

with the other bill to the extent of taking precedence of it as a subject of consideration. . 

1\Ir .. RE.A.G~. Then I do not c~msent to the propo!!ition, because 

the bill to which I have referred lB one about which there is a groat 

deal of anxiety, and I must insist upon its retaining its place. 

Mr. GARFIELD. I desire to inquire whether the bill referred to 

~y .the gentle~an from Texas was no~ itself a special order; whether 

It ts not thus m the nature of a spemal order having the position of 

unfinished business and therefore entitled to priority over a new special order? 

The SPEAKER. The memory. of the Chair is not exact on that 

point. The order of the House will be read. 

The Clerk read as follows: 

.H?us~ bill No. 3547, to regu_late inter~tate commerce and to prohibit unjust dig: 

crlDUDations by common earners, pendmg when the mornina hour expired Ma.y 

9, and made a special order for May 11 after the morning ho~. ' 

The SPEAKER. The gentlemn.n from Ohio is correct; the bill has 

attached to it the characteristic of unfinished business. 

Mr. GARFIELD. My suggestion of course is not made in hostility 

to either of these measures, because I want to hear both discussed · but it occurs to me further that perhaps the six days' rule may stand 

in t.be way of one or both of these bills. 

The SPEAKER. .A.s to the Geneva award bill a particular day was fixed for its consideration under a suspension of the rules which 

suspended the operation of the six days' rule as well as all' others 

inconsistent with this order of the House. 

Mr. GARFIELD. Then the six davs' rule would not apply to that 

bill, bnt it would to the other. u 

The SPEAKER. The Chair thinks n·ot; otherwise the House would 

have inserted some qualification of that kind in the order. The 

Chair hears no objection to the suggestion of the gentleman fr"m 

Kentucky, and it is agreed to. 

REPRINTING OF A BILL. 

1\Ir. BUCKNER. I ask unanimous consent that House bill No. 

4247, a bill reported from the Committee on Banking and Currency 

and proposing to retire the national-bank circulation, be ordered to 

be printed. 

There being no objeetion, it was ordered according~Y· 

SURVEY OF ROCKY 1\IOUNTAIN REGION. 

. Mr. E~EN, by unanimous consent, submitted the following resolntion; which was referred, under the law, to the Committee on Printing: 

:Resolved by the House of Representatives, (the Senate concurring,) That thoro be 

printed at tho Government Printing Office 3,000 copies of the report of the Geo· 

graphical and Geoloaical1:iurvey of the Rocky Mountain Region relatincr to the 

Geology of the High 'Plateaus of Utah, in quarto form, with the necessary 'illustrn.-

tions and charts ; 1,500 copies of which shall be for the use of the House of Re-presentatives, 500 for the use of the Senate, 500 for the use of the survey, and 500 for 

the use of the Smithsonian Institution; the illustrations and charts io bo made by 

the Public Printer under the direction of the Joint Committee on Public Printing. 

:Mr. ~DEN a~so, by unanimous consent, submitted the following 

resolutiOn; whteh was referred, under the law, to the Committee on Printing: · 

Resolved by the House of Representatives, (the Sen.ate concurrina ) That there be 

printe.d at tho Government J?rinting Office 3,000 copies of the r'eport of the Gco- grap~cal :md Geological Suryey of the R{)cky Mountain Region, being volnme 2, 

Contributions to NorthAmencan Ethnology, m quarto form; 1,500 copies of which 

shall be for the use of the Honse of Representatives, 500 for the Me of the Senate, 

500 for the use of the survey, and 500 for the use of the Smithsonian Institution. 

GEOLOGY OF THE BLACK HILLS. 

Mr. EDEN also, by unanimous consent, submitted the following 

concurrent resolution; which was referred to the Committee on Printing: 

Resolved by the House, (the Senate CQnC'Urring therein,) That there be printed at the Government Printing Office 3,000 copies of tho report of the Geographical and 

Geological Survey of the Rooky Mountain Region relating to tho Geology of the 

Black Hills, in quarto form, with the necessary illustrations and charts ; 1,500 

copies of which shall be for the use of the Honse of Representatives, 500 for the use of the Senate, 500 for the use of the survey, and 500 for the use of the Smith· 

sonian Institution, the illustrations and charts to be made by the Public Printer 

under the direction of the Joint Committee on the Public Printing. 

CO:i\IMERCIAL INTERCOURSE WITH SOUTII .Al\IERlCA. 

Mr. WOOD, by unanimous consent. submitt-ed tho following reso· lution; which was read, considered, and agreed to: . 

Resolved, That the Secretary of State and the Postmn.stet.General Le req_um~tcu 

to communicate ro this House an.v information received by them, or eitheJ' of them, 

since last session of Congress in relation to tho commercial and p<>sta.l in~orcours o 

between the United States and the countries of South America. 

COMMERCIAL RELATIOXS WITH :UEXICO. 

Mr. SCHLEICHER, by unanimous consent, submitted the following 

resolution; which was read, considered, and agreed to: 

Resolved, That the President be requested to communicate to tho House of Rep- resentatives, if in his judgement compatible with tho public interest~ a copy of a dispatch dated October~. 18713, addressed to the Secretary of State by the United 

States minister in Mexico, together with a copy of a communication accompanyinrr 

saiU dispatch, upon the subject of commercial relations between tho United States 

and that country. 
• 1878. CONGRESSIONAL RECORD-HOUSEo 33 

WATER RENTS, ETC., HOT SPRINGS, ARKA....~SAS. 

Mr. FINLEY, by unanimous consent, submitted the following re olntion; which was read, considered, and agreed to : 

Resolved, That the Secretary of the Interior be requested ~o fru:IDsh this House a detailed statement of the amounts collected at the Hot Spnngs m Arkansas for taxes and water rents, showing what sums, if any, have been C?Ollected fer taxes and ground rents what, if any for water rents, and whether srud water rents have 

been colleeted upOn bath-tubs br from invalids, and if from bath-tubs, how mu~h is collected per tub or bath; if from invalids, how much p~r capita; or wheth~r srud water rent·s have been collected in any o!her ~anner, and how snob sums, if ~y 

have been collected, have been disbursea or disposed of, and under what law s~d 

collections and disbursements have been made, and to what person or persons sa1d 

disbursements have been made, and how much to each person. 

ERROR OF El<I"ROLLMENT. 

Mr. ATKINS. I ask by unanimous consent to introduce a bill 

(H. R. No. 5307) to correct an error of enrollment in the bill making 

appropriations for sundry civil expenses of the Government ~o:r: the 

fiscal year ending Jnue 30, 1879, and for other purposes. As It IS to 

correct an error pf enrollment of a bill of the last session, I hope 

there will be no objection to its consideration at thi;s time. ~ ad~ition to the le~islation heretofor~ l?ropose~ there IS an addition m the pending bill to pay the coiiUillSSIOners smce the 25th of J nne last, 

and' that is the only addition. 

Mr. EDEN. Let the bill be read. 

The SPEAKER. The bill will first be read, and the Chair will then 

ask for objection. 

The Clerk read as follows : 

Be it enacted &c., That the sum of $27 500, or so much thereof as may be neces· aary is hereby'appropriated to pay for cierk hire, engineering, marshal's fees, sala. 

ries,' and other expenses of the Hot Sprin~ commisai~n; and th.e President of the 

United States be and he is hereby, authonzed to appomtthree discreet, competent, and disinterest;;(! persons, who shall constitute a board of commissioners, any two of whom shall constitute a quorum, who shall hold their offices for the period of one ye!lr from the date of their appointment, and shall have the same powers and 

authority in all respects as was provided for the commissioners appointed under 

the act of Congress approved March 3, 1877, entitled." An ac~ in relation t~ the Hot 

Springs reservation, in the State of Arka.na:\8; "-which n.ot 1s hereby reVIved and 

continued in full force for the purpose of enabling said boa.rd of commissioners to 

take possession of aJl records, papers, and proofs, and to determine the claims pre- sented to the board of commissioners appomted under said act, whose term of otfice 

bas axpired, a.nd to do and perform all other acts and duties authorized by said a<:t ; and the Secretary of the Interior is hereby directed to lease to the present proprie- tors of the Arlington Hotel, or their assigns, the grounds, not exceeding one acre, now occupied by them, fora period o~ ten years, .unless otherwise provided by law, at an annual rental of $1,000; and he 18 further directed to lease the bath-houses of a permanent nature now upon the Hot Springs reservation to the owners of the same, and lease to anyfers(m or persons, upon such terms as may be agreed on, sites for the build.ing o other bath-houses, for the term of five years,. unless otherwise provided by law, under such rules and regulations as he may prescribe; and 

the tax imvosed shall not exceed $15 per tub per annum, including land rent: Provided, That said leases shall in no way prejudice any legal right that any person or persons may have acquired under the ad hereby revived and continued to any im· 

provements on said ground: And ;n:ovided furlller, That to prevent monopoly, no bath-house or hotel sha.ll be supplied with more than enough water for forty bathtubs of the usual size, unless there shall be more than enough hot water to supply all other demands for the same, in which case no single establishment shall be 

allowed more than forty bath-tubs of the usual size. 

In cases were fractions of lots are made by straightening, widening, or laying out streets, the commissioners shall have power to determine. the <lisposal of the same, giving the preference to the owners of abutting lots: Provided, That all titles 

given, or to be given by the United States, shall explicitly exclude the right to the 

purchaser of the land, nis heirs or assigns, from ever boring thereon for bot water, 

and the Hot Springs, :with the reservation and mountain, are hereby dedicated to the United States, and shall forever remain free from sale or alienation. 

SEc. 2. And be it further enacted, That the late commissioners, employed since 

the 25th of June last, under the request of the Secretary of the Interior, by direction of the President, shall be allowed the necessary expenses incurred by them in · forwarding the work, and compenaation for their services at the rate pronded by the a<:t creating the commission approved March 3, 1877, the disbursements to be 

made as authorized by said act ; and for this purpose the unexpended balance of 

the appropriation made December 15, 1877, for continuing the work of the Hot Sprin~ commission, amounting to $9,324.80, or so much thereof as may be neces- sary, 18 hereby reappropriated and made available. 

The SPEAKER. Is there objection to the present consideration of 

the bill 7 

Mr. EDEN. I wish to reserve nll points of order until we learn 

wmething more about tbtj matter. 

The SPEAKER. The Chair will preserve the rights of all gentlemen. 

Mr. WHITTHORNE. I desire to ask my colleague [Mr. ATKINS] 

how this mistake occurred. Very grave intimations have been made 

affecting very high officers of the Government as well as employes of 

the one branch and the other of Congress, and I would like to know 

how the mistake happened. 

Mr. GARFIELD. I would like to ask the gentleman from Tennes- see one question back of that. 

Mr. HAMILTON rose. The SPEAKER. The Cb'loir begs that but one gentleman will speak 

at a time. To whom does the gentleman from Tennessee yield Y 

Mr. ATKINS. I desire tp bear all the questions that may be addressed to me on this subject. I yield to the gentleman from Indiana, 

[Mr. IlAMILTON.) 

Mr. HAMILTON. That bill was enrolled by Mr. RA.Th~Y, of South 

Carolina. I desire to ask the gentleman from Tennessee whether or not be intends ·to cast any reflections on the honorable gentleman 

from South Carolina. 

Mr. ATKINS. It is not a matter of fact that the gentleman from 

South Carolina [Mr. RAD"EY].enrolled the bill. He simply read the ' bill. I do not cast any reflections on Mr. RAL."mY. On the contrary 

I stand here to compliment him on his faithfulness and his extraordinary labor on that memorable night. I think the gentleman from 

VITI-3 

South Carolina discharged his whole duty. I will now hear the gentleman from Ohio, [Mr. GARFIELD.] 

Mr. GARFIELD. I desire to ask the gentleman the only question 

I am interested in just now, which is to know wllether the bill we have just heard read is an exact copy of what the Honse and the Senate 

passed Y 

Mr. ATKINS. It is, wit.b the addition of the second section, which 

provides for the payment of these commissioners who have acted by 

the request of the Secretary of the Interior, on the suggestion of the 

President, of the 25th J nne last. 

Mr. GARFIELD. That being the case, I think, on the faith of what 

the gentleman from Tennessee has stated, there should be no objection to the passage of the bill at this time. 

Mr. ATKINS. I desire now to answer the question of my colleague', 

[Mr. WHITTHORNE.] Of course, I do not know, Mr. Speaker, bow 

this accident or this event happened. I do not know whether the 

legislation was abstracted intentionally or whether it was lost. But 

I will state this, that after it was omitted from the enrolled bill, I 

felt it to be my duty to address a letter to the Secretary of the Treasury urging him to use the detective force of his Department to ascer- tain the truth of this matter. He ha.s made some investigations, and a report of them has been made and addressed to myself, as chairplan 

of the Committee on Appropriations, which report I design at an early 

day to lay before our committee. Of course, I do not myself know 

anything a bout the facts. 

'.fbe SPEAKER. In this connection the Chair desires to state that 

the Clerk of the Honse, the enrolling officer in chief, Mr. King, and 

the gentleman from South Carolina, [Mr. RA.Th~Y,] have all called • upon the Chair and requested there should be an investigation into 

this subject. They demand this investigation as a right, feeling con- fident that they will be fully and entirely vindicated. The Chair 

said in reply to them he was ready at any moment to recognize any one who sought to introduce the subject for the consideration of the 

Honse. The Chair thinks it due to the officers mentioned and to the 

gentleman from South Carolina to make this statement. 

Mr. EDEN. I wish to ask the gentleman from Tennessee a question in reference to the new section in this bill. It aeems that there 

is a new section added to the bill that was not embraced in the clause 

in the sundry civil bill at the last session. This new section proposes 

to pay these commissioners, I suppose, the same compensation that 

they have been receiving under the law, upon the ground or theory 

that they have been acting at the suggestion of the Seeretary of the 

Interior. I cannot see upon what theory we can pay these commissioners anything. They did not occupy any official position, and 

there is no act that they could do that wonld have any legal or binding 

effect upon anybody; and it occurs to me it would be setting a wrong 

example to allow the Secretary of the Interior or anybody else to 

request somebody to act in an official capacity whon there is no law 

authorizing it; to act in that way for months and months, and then 

to come to Congress for an appropriation. It is true this mistake 

that occurred in the enrolling of the bill presented an extraordinary case. Nevertheless there was no law under which these men could 

act as commissioners, and the Secretary of the Interior bad no right 

to appoint any such officers. There are no such officers known to 

the law; and if we set an example of this sort the probability is we will be constantly called upon to make appropriations for somebody 

who bas been acting in some sort of capacity at the request of a Cabinet officer or somebody else. .I. think this is a bad precedent, 

and I object to this action unless my doubts upon that point can be 

removed. 

Mr. ATKINS. I desire to say just one word in reply. I will admit, as a general principle, that the gentleman from Illinois is correct in 

the position he takes; but, sir, such an instance will probably not occur again in ten, or twenty, or thirty years. I do not know when 

such a case as this has occurrea. I do not know that any such instance bas occurred as in this case. I admit that in some way some words or sentences have dropped out of the legislation relating to 

this entire subject. Now these commissioners were acting under the 

law, !l.nd it was the intention of Congress to continue that law. It 

had passed the House, and had been sent to the enrolling-room for 

enrollment, and there this mistake occurred. The Honse had nothing 

further to do with it. The House bad passed judgment upon it, and 

there was nothing left but for the Speaker to attach his name to the 

bill containing this provision, and when be signed the bill he thought 

that that legislation was incorporated in it. I say for that reason that the principle suggeseea by the gentleman is not analogous to 

the case, because it would be a great hardship for that commission 

not to have been continued. The interests of the United States re- quired it as well as the interests of individuals; and therefore I 

think that the Secretary of the Interior did not commit any very 

great breach of duty in appointing the commission to continue the 

service, nnd it is now for Con~ress to correct the evil. I hope the 

gentleman from Illinois will Withdraw his objection to the bill and 

allow it to come before the House. 

1\Ir. EDEN. The gentleman from Tennessee [Mr. ATKL.~S] ha~ not 

answered the objection I made at all. I have made no point as to 

the necessity of this legislation; that seems to have been passed 

upon by the last House. We are constantly making precedents of 

this kind, and the precedent made in this case may be used hereafter in accomplishing a bad object. 

• 
• 

CONGRESSIONAL RECORD-HOUSE. DECEMBER 4, 

Mr. ATKINS. Does the gentleman intend to take the position that 

these commissioners have no right to their pay because they were not 

acting under the law of the 25th of June last Y 

:Mr. EDEN. I take the position that there is no act which they 

have done that ca.u have any legal or binding effect upon any 011e; 

but I do not ,propose to take the responsibility upon myself of objecting to the payment to this commission. I 'Y~ not insist on the point 

of order; if the Honse sees fit to pass the ll1ll1t can do so and I shall 

not object. . The SPEAKER. The gentleman now has the absolute nght to 

object to the present consideration of the bill. As the Chair understands the gentleman, he does not object to its consideration. 

Mr. EDEN. I do not object to the correction of t.he error made at 

the last session. 

Mr. ATKINS. If there is a single gentleman on the floor who 

objects to the second section of the bill, I wi,U withdraw. it. 

Mr. EDEN. I do object to the second sect10n of the b1ll. 

Mr. ATKINS. Then I withdraw it. 

Mr. EDEN. If the gentleman withdraws that section, I have no 

objection to the bill. 

Mr. ATKINS. O.f course a single objection is fatal to the consideration of the bill at this time. 

Mr. SPARKS. If the gentleman from Tennessee will withdraw 

that single section there will be no objection to the bill. 

:Mr. ATKINS. Then I withdraw the second section of the bill; I 

do it under compulsi<m. The SPEAKER. The gentleman from Illinois withdraws his objec· 

tion, it being understood that the second section of the bill is withdrawn. h hi 1.ill · Mr. PATTERSON, of New York. Do I understand t at t s '-' 1s 

what was left out at the last session f 

The SPEAKER. Exactly. Mr. PATTERSON, of New York. Then, there should not be the 

slightest objection to the passage of this bill. 

The bill, as modified, was read, as follows: 

A bill to Cl)rrect an error of enrollment in bill making apJU;opriations for sundry 

civil expenses of the Government fo,r the fiscaJ. year ending Jnne 30, 1879, and 

for other purposes. Be it enaeted by the Senate a1td House of Representatives of the United States of America in Congress assembled, ~ha.t the sum of · 27,500, .or so m!lcb ~ereof as mal 

be necessary is hereby appropna.ted to pay ior clerk hire, engmcermg, marshal s fees ~;alaries' and other expenses of the Rot Springs commission ; and the President 

of t1e United States be, and he is hereby, author!zed to appoint three ~is~reet, com· petent and disinterested persons, who shall constitate a board of comlDlsswners, any twO" of' whom shall constitute a quorum, who shall hold their offices for the period of one year from the date of their appointment, and shall have the same powers and 

authority in all respects as was provided for the commissioners appointed under the 

actfof Congress approved March 3, '1.877, enti!led ."An a<?t in rela.tio~ to the Hot S_Prin"'s reservation in the State of Arkansas; ' wh1ch act 1s hereby reVIved and COD· 

tinned in full force for the purpose of enabling said board ~f commiss}oners to take 

possession of all records, papers, IIDd proofs, and to determme the cllums presented to the board of commissioners appointed under said act, whose term of office has 

expired and to do and perform all other acts and duties authorized by said act. And th~ Secretary of the Interior is hereby directed to lease to the present proprietors of the Arlington Hotel, or ~eir a~signs, the grounds, not e~ceeding_ one acre now occupied by them, for a penod of ton years, unless otherwtse provided 

by l;w, a.t an annual rental of $1,000; and he is furt~ er directed~ lease the bathhouses of a permanent nature now upon the Hot Sprmgs reservation to the owners of the same and lease to IID;Y person or persons, upon such terms as may be agreed on, sites fo~ the building of other bath-houses for the ~rm of five years, un}ess 

otherwise pravided by law, nnder,such rules and regulations as he may prescnbe; and the tax imposed shall not exceed 15 per tub per annum, including liiJld rent: Provided That said leases shall in no way prejudice any legal righil that any per- son or pe~sons may have acquired under the act hereby revived and continued to any improvements on said ground: And provided f ttrther, That to prevent monop· 

oly, no bath-house or hotel s~all be supplied with moro than enough water for 

forty bath-tubs of the usnal siZe, unless there shall be more than enough hot water to supply all other demands for the same, in which case no single establishment 

i!hall be allowed more than forty bath-tubs of the usual size. 

In ca es where fractions of lots are made by straightening, wideniilg, or laying 

.o.u.t streets the commissioners shall have power to determine tbe disposal of the same givi~g the preference to the owners of abutting lots: Provided, Tha.t all 

tities' o-i'-'en or to be v;iven by the United States shall11xplicitly exclude tho right to the pdi-chn.sor of the land, his heirs or assigns, from ever boring thereon for hot water. Rnd tho Hot Springs,-with the reservation and mountain, are hereby dedi· 

.cateU to the United States, and shall remain forever free from sale or alienation. 

Mr .. VEEDER: I move to amend by inserting, after the word" appoint," "by and wjth the advice and coment of the Senate." I un- ..derstand that to be acceptable. 

The .amendment was agreed to. 

Mr. HEWITT, of New York. I have an amendment to offer, in 

.order to .correct what was an omission of m1self. I think that when 

it is read it will commend itself to the entire judgment of the House. 

The amendment was rea-d, as follows: Insert, after the words "more than forty bath-tubs of the usual size:" .A.nd prOlJid.edfurther, That the superintendent shall provide and maintain a sufficient number of free baths for the use of the indigent, IIDd the expense thereof 

shall be defrayed out of the rentals hereinbefore provided for. 

The n.mendment.was agreed to. 

The bill, aB amended, was ordered to be engrossed n.nd rea-d a third 

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

and passed. :Mr. ATKINS moved to reconsider the vote by which the bill wa-s passed ; and also mov.ed that the motion to reconsider be laid on the 

table. 

The latter motion W'l.S agreed to. 

DEPQSITS OF MONEY BELONGING TO THE UNITED STATES. 

.Mr. KELLEY. I ask unanimous consent to submit for considera- . . 

tion and adoption at this time the resolution which I send to the 

Clerk's desk. · The Clerk read u.s follows: 

Resoloed., That the Secretary of the Treasury be directe<l to inform thls Honse whether any money belonging to the Treasury of the Unit-ed States was in posses- sion and custody of any national or State bank or private banker on the 30th of 

September and November, 1878, as on deposit or othe1·wise other than d(·posits 

ma-de by disbursing agents, and to state the Jlame and location of the banks or bankers who held such money and the &monnt held by each respecti>ely. 

There being no objection, the resolution was adopted. 

:M.r. KELLEY moved to reconsider the vote by which the resolution wa-s adopted; and also moved that the motion to reconsider be laid on the table. 

The latter motion wa-s agreed to. 

ISCREASE OF PENSIO~S. 

Mr. FRYE, by unanimous consent, introduced n. bill (H. R. No. 

5308) to amend chapter 261 of the laws passed during the second ses- sion of the Forty-fifth Congress increasing the pensions of certain 

pensioned soldiers and sailors; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to ~p~~~ . 

URIAH w'. BRIGGS. 

Mr. FRYE also, by unanimous consent, introduced a bill (H. R. No. 

5309) increasing the pension of Uriah W. Briggs; which was read a first and second time, referred to the Committee on Invalid Pensi'Ons, 

and ordered to be printed. 

CONGRESSIO~AL LIBRARY. 

:Mr. COX, of New York. I desire to move to reconsider areforence 

which was made yesterday. The letter of the SeGretary of the Interior relative to the value of lands proposed to be purchased for the 

site of the Congressional Library wa-s by mistake referred to the 

Committee on Appropriations. I desire to move to reconsider that 

reference, and that the communication be referred to the Committee on the Library and printed. 

The motion was agreed to. 

JACOB L. SHINN. 

Mr. GUNTER, by unanimous consent, intl"oduced a bill (H. R. No. 

5310) for the relief of Jacob L. Shinn, ef Pope County, Arkansas; 

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

Claims, and ordered to _be printed. 

SALLY MURRAY BUCHA....~AN. 

Mr. SWANN, by unanimous consent, introduced a bill (H. R. No. 

5311) granting a pension to Sally Murray Buchanan; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

TIMBER DEPREDATIONS. 

Mr. HOOKER. I ask unanimous consent to submit for consideration and adoption at this time the resolution which I send to the 

Clerk's desk. 

The Clerk read the Fesolution, as follows: 

Resolved, That the Attorney-General of the·United States be, and he is hoceby, 

requested to furnish the House of Representati>es with an a~caunt of all moneys 

expended by the Department of Jrrs'tice in prosecutions for timber depredations in the State of Mississippi, and that he furnish the Honse with the number of 

snits instituted, number dismissed, number successfnlly prosecuted, a.nci number 

of cases still pending, IIDd with the accounts of the marsh&! of the southern district of Mississi~pi in each and every of said snits, and that ho gi>e a detailed statement of acconnts presented by said marshal to his department, wl!ether the same have been paid and allowed or not ; and that he also furnish to this House a statem~nt of all contract.s and with amounts paid or agreed to be paid to any and 

all attorneys employed in aid of the r egular attorney of the Government. · 

The SPEAKER. Is there objection to the adoption of this resolution Y 

Mr. CONGER. I object to it now. Mr. COX, of New York. I move that the House now adjourn. 

SILVER DOLLAR. 

:Mr. FORT. I ask consent to offer a resolution for a-doptit>n at this 

time. 

Ur. COX, of New York. I will hear it. 

The Clerk read as follows: 

Resolved, Tliat the legal-tender quality of silver dollars of 412t grains of standard 

sil>er shall be maintained anrl enforced, and that any discrimination against &aid 

silver dollars by any national banking association, by refusing to receive them and treat them as legal dollars, shall be deemed a defiance of tho laws of the United 

States. And the Committee on Banking and Currency is hereby instructed to ma. tur~ and bring in a l>ill to provide for the withdrawal of the circulating notes of all 

such banks so offending. 

Mr. HEWITT, of New York. I object to that . Mr. BEEBE. It is a proposition to resolve that the obedience of 

the law is a defiance of it. 

Mr. COX, of New York. I am willing to have that resolution 

passed. 

Mr. HEWIT'l', of New York. I object to it. 

:Mr. FORT. I would like to have it referred. 

The SPEAKER. It is objected to by several members. 

The question was upon the motion of Mr. Cox, of New York, that 

the House adjolKn. Upon a division there were-ayes 145, noes 47. 

Before the result of the vote was announced, 

1\fr. TOWNSEND, of New York, called for the yeas and nays. 

The yeas and nays were not ordered, there ~ing 21 in the affirmative; not one-fifth of the last vote . 
1878. CONGRESSIONAL RECORD-SENATE. 

So the motion to adjourn was agreed to; and accordingly (at one 

o'clock p.m.) the Honse adjourned. 

PETITIO~, ETC. 

The following petitions, &c., were presented at the Clerk's desk, 

under t he rule, and referred as stated: 

By :Mr. BLISS: The petitic;m of Isaac L .. J?usenberry and Margaret 

Dusenberry for the correctiOn of the mthtary record of Isaac L. 

Dusenberry; late a private in Company F, One hun~ ed and seyc:ntyt hil·d Re<Timent New York Volunteers-to the Committee on Militru:y 

Afl'airs. e. . Al d 

Bv Mr. BRIGHT: Papers relating to the bill to relieve . ex~n e~ 

& do. from n, penalty imposed upon them for ~n allegec! v~olatwn of 

the United States revem1e laws-to the Comnnttee. of C.la.Irus. 

By Ur. DAVlS, of California: The petition of _mght mspectors of 

customs for San Francisco, for an increase of their pay-to the Committee on Commerce. . By Mr. HEWITT, of Alabama: Papers relating to the cl::um of 

Thomas L. Shamblin, of Tuscaloosa County, Alabama., for compen~ation for property taken by the United States Army-to the Committee on War Claims. . By Mr. HUNTON: Papers relating to the claim of the berra ~f 

Richard Windsor to have refunded to them the amount plrid the Umted States at a confiscation sale for certain property, which sale bas 

been adjudged illegal and void and the property bought recovered 

from t hem-to the Committee on the Judiciary. 

By Mr. LUTTRELL: The petition of J. B. Moulton l;1nd othe~, 

watchmen in the Post-Office Department, for the restoratiOn of their 

salaries to $720 per annum-to the Committee on the Post-Office and 

Post-Roads. . Also, the petition of Henry C. J?e Ahna, for co~pensatwn for 

alle<Ted wrongs done him and hardships suffered by him by reason of 

his r~moval from the office of collector of customs, district ef Alaskato the Committee of Ways and Means. . Also, the petition of citize:r;u> of Alaska ~erritory, for the orgaruzation of courts of law therem, accompamed by reports from the 

officers of the United States and others as to the condition of affairs 

in said Territory-to 'the same committee. 

By Mr. PRICE: The pe~ition of J_?seph Parkins, for extra c~m­ pensation owing to alterations made m the plan for t~e construc~on 

of a cornice at the Rock Island arsenal-to the Comm1ttee of C1rums. 

IN SENATE. 

Mr. DA. VIS, of Illinois. I ma-de the request, if the Senat:.or from 

Massa-chusetts will allow me, because I am on another speCial com- mittee. That was the only rea-son I uid it. I would have no objection to serve if I were not on another committee of which the Senator 

from Vermont [Mr. EDMUNDS] is chairman that will occupy my time. 

Mr. DA. WES. I am compelled by the course of events to ask the same indul<Tence of the Senate, and therefore I ask to be excused from 

service on the committee. I am willing to discharge any duty that 

the Senate may devolve upon me; but I do not see why Senators 

should devolve an unpleasant duty upon others in t his way, and I 

usk to be excused also. 

The VICE-PRESIDENT. Will the Senu.te excuse the Senator from 

Massachusetts from service upon the committee relative to an omission iu the enrollment of the sundry civil appropriation bill ' Tb.e 

Chair hears no objection, and he is excused. 

The vacancies were filled by the appointment of .Mr. CAMEHO:N, of 

'Wisconsin, to fill the vacu.ucy caused by the resignation of Mr. DAWES, 

and Mr. EATO:N to fill the vacancy caused by the resignation of Mr. 

DAVIS, of Illinois. 

Tho committee therefore consists· of Messrs. CA.J.'\IERO:N, of \Visconsin, EATON, and RA....~DOLPH. 

EXECUTIVE CO)!MUNICATIO:N. 

The VICE-PRESIDENT laid before the Senate a letter from the 

Secretary of the Interior, transmitting a copy of a letter from the 

Commissioner of Patents recommending an appropriation of 28,70() 

for additional examiners, clerks, and laborers in the PMcnt. Office~ 

which was referred to the Committee on Appropriations. 

He also laid before the Senate a letter of the Treasurer of thoU nitect. 

States, transmitting copies of acco~ts rendered to and adjustetl withthe Sixth Auditor of the Treasury for the fiscal year ending June 29,. 1878; which was ordered to lie on the table. 

The VICE-PRESIDENT. These documents are very voluminous,. 

and the Chair will refer the propriety of printing th~m to the Committee on Printing. 

The VICE-PRESIDENT also laid before the Senate a Jetter from 

the Treasurer of the United States, transmitting, in compliance with 

the requirements of section 311 of the Revised Statutes of the United 

States, fair and accurate copies of the :wcounts rendered to and settled 

with the First Comptroller for the fiscal year ending June 30, 1878; 

which was ordered to lie on the table. 

The :VICE-PRESIDENT. The Chair will make a like order in ref- erence to the printing of this communication as in regard to the 

communication last presented. 

EXPE~SES OF CALIFOP~U. L~ ~DIA.N WARS. 

The VICE-PRESIDENT laid before the Senate the following com- munication from the governor of California; which was t·ead, and 

referred to the Committee on Appropriations: 

THURSDAY, December 5, 1878. STArn oF CALIFoRxiA, EXEcunVE DEPlt.RTME:u, 

Sacram~£nto, J une t', 11::'78. Prayer by the Chaplain, Rev. BYRON SUl'I"DEBLA....~D, D. D. To tlie Senate and House of Rep1·e:umtatives of the 

The Journal of yesterday's proceedings wa.s read and ::~opprov~d. United States of America: 

FRA.:NCIB M. COCKRELL, a Senator from the Stn.te of hssoun, ap- The senate and assembly of this State having adopted, on March 30, IBiS, resolupeared in his seat to-day. tions as follows: 

"First. That our Senators be instructed and onr Representntives requested to PREVENTIOX OF EPIDEl\IIC DISEASES. urge upon Congress the immediate payment of all bonds, coupons, and certificates 

The VICE-PRESIDENT appointed Mr. H..4.RRIS, l\Ir. MATTHEWS, of coupons issued by the State of California for expenses incurred in the Indian 

G d M wars which have not been paid by the General Government; second, th:~>t his Mr. LAMAR, Mr. PAD DOCK, Mr. CONOVER, Mr. ARLA~"D, an r. excellency the governor be requested to cause a statement of all snob bonds, our- EUSTIStas the select committee provided for by t·he resolution adopted tifioates, and coupons, and the circumstances connootecl therewith, to be prep:\red by the Senate yesterday relative to the inkoduction, spread, and pre- by the comptroller, and, upon snob statement being prepared, to cause an applica-

. f "d · dis · th U 't d St te tion to be made to Congress, in the name of the State of California, for- the pa,-- ventiOn o epi emiC eases 10 e m e a s. ment of said bonds, coupons, and certificates; third, and that he forward a cop.y of 

COl'tiMITTEE SERVICE. these resolutions to each of our Senators and Representatives in Congress ;" 

f 11 · l' t f f And the comptroller having made a•tatement of the" bonds, coupons, aml certif- Mr. WALLACE. I send to the Chair the O owmg IS 0 a ew ioates of coup,ons issued by the State of California, for expenses incur-reu in ~h e changes in standing committees of this body which have been !tgreed Indi:m wars • (a copy of which is hereto appended.) from which statement it ap.. 

upon: . • pears that there yet remains of such issue of bonds, coupons. and certificates of 

coupons unpaid b~e United States Government the sum of e241,625.S2; and the Mr. EAro::-. retires from the Committee on Appropriations and Mr. WALLACE United States Government having, by action heretofore taken, recognized tho ·m!id. 

~~. ~•o!! GaAcNe. retires from the Committee ou Patents and Mr. EATOX takes his ity of the bonds, coupons, &c., issued by the State of California for expenses in- .au· .ru. "' our-red in the Indian wars, and the obligation of the said United States Government place. to pay the same: Mr. W .ALLACE retires from the Committee on Foreign Relations and lli.llORGA..'\ Now, therefore, L ·william Irwin, governor of the State of California, do make 

takes his place. application to your honorable bodies, in the name of the Sta.te, and respectfully The VICE-PRESIDENT. To these changes the Chair hears no ask that you do at once appropriate, of the moneys in the Unite<l States Treasury, objection. a sum sufficient to pay "the bonda, coupons, and certificates of coupons issueu by Mr. FERRY. I ask to be excused from service on the special com- theStateofCaliforniatodefrayexpensesincnrredinthelndia.nwars,"andremainingunpaid by the United States Government, as shown by the accompan.ving report mittee appointed yesterday to investigate an omission in the enroll- of the comptroller, and direct the payment of the same to the State of California. 

ment of the sundry civil appropriation bill. · . [sEAL.) WILLIAM IRWIN 

The VICE-PRESIDENT. The Senator from 1\Iichigan asks to be · Gove:nar. · 1 · t · ted te d By the governor: excused from service on the spema commit ee appom yes r ay THOli1A8 BECK, SreretanJ of State. 

in relation to an omission in the enrollment of the sundry civil bill 

at the last session of Congress. Is there objection Y The Chair hears 

none, and he is excused. The Chair appoints the Senator from Massachusetts [Mr. DAWES] to ill the vacancy. 

Mr. DAVIS, of Illinois. Mr. President, I am on a special committee 

charged with another duty, and I ask to be relieved also from service 

npon the committee just mentioned. -

The VICE-PRESIDENT. The Senator from Illinois asks to be relieved from serving on the select committee appointed yesteroay in 

the matter of the omission of the provision in relation to the Hot 

Springs reservation from the sundry civil bill of last year. Is .there 

objection Y The Chair hears none, and he is exeused. 

Mr. DAWES. Mr. President, I mlldt ask the same indulgence--

PETITIOXS A..."'D ME..'\IORIALS. 

Mr. HAMLIN presented the petition of Martha Edwards, of Portland, Maine, widow of Daniel Brown, who was a soldier of the war of HH2, praying to be allowed a pension under the act of February 

14, 1871; which was referred to the Committee on Pensions. 

He also presented the petition of John Smith, of Sacca.rnppa, Cumberland County, Maine, praying to be allowed a pension for wounds 

receivetl in the service; which, with the a.ccompanying papers, was. referred to the Committee on Pensions. 

Mr. DORSEY. I present a. petition of 470 residents upon the Hot 

Springs reservation, asking that the error in a cl:.Mlse of the sundry 

civil appropriation bill relating to that reservation be rectified. As