• 

572 CONGRESSIONAL REOORD--HOUSE. JANUARY 20, 

.insert the words "as well as in all such suits hereafter instituted;" so as to rea.d: 

In all suits for the infringement of a patent, in which, at the date of the passage of this aet, no final verdict has been rendered or no decree for an account or assess- ment of damages has been pronounced, as well as in all such suits hereafter instituted, the measure of the plaintiff's recovery shall be the same, both in law and i,n 

equity. 

Mr. WINDOM. I ask for the yeas and nays on that. I want to say 

in reference to this bill that I do not desire to postpone it for any 

factious opposition to it. I believe that the bill ru> it stands is wrong 

and ought not to pass. Therefore I want the opportunity to prepare an amendment which I tkink will be agreed to. I cannot do it now. I know that the bill is not in the interest of the great public that 

ought to be protected, and I want the opportunity to prepare an amendment. It was for that reru>on, among others, that I moved to 

lay the bill ru:~ide. I shall make no opposition to it if we can have 

the opportunity to prepare those amendments that are needed, but I am satisfied that the Senate can do something to prevent the grievous 

wrongs which are now perpetrated under the patent system. I am satisfied the Senate would do it if the opportunity were presented. I am satisfied that on the point I havil suggested the committee have 

made no provision whatever that tends to do that thing, and I hope 

that the committee may consider it and prepare it. I supposed that . the amendment which I offered was agreed to on all sides. In fact, 

when I offered a more radical amendment in December it was opposed 

by certain gentlemen, the representatives, I suppose, of the i~terests 

that h36e been consulted in preparing the bill, and it was understood 

that if that were withdrawn and another proposition made it would 

not encounter that opposition. But I find that the opposition to this comes from the same interest, the patentee's int-erest, or the interest 

of the assignees of patents, the purchasers and speculators in patents; 

and it seems to be a great deal more intense than was the opposition 

to a much more radical proposition in December. I want to see if it 

is not possible tb make some amendment that will at the same time 

that it conserves the interest of the patentees and of the purchailer 

of patents, conserve the interest of the· public also; and I ask that 

this bill be laid aside in order that I can do that. 

Mr. HOWE. Allow me to inquire of the Senator from Minnesota 

if the purpose is to offer again the amendment which he offered in 

Decemberf 

l\Ir. WINDO:~L I want to suggest another amendment. The Senate is very thin, scarcely a q no rum present, and the other amendment, 

which went to the same ground and was more radical, carried by a very large majority before. I desire to present another amendment, hopin~ that it may meet the approval of the Senate. · Mr. WAD LEIGH. Mr. Eresident, the Senator from Minnesota seems · to intimate that this bill is in the interest solely of patentees, and not 

in the interest of the public. That opinion of his, I think, is not 

shareu by any-considerable portion of those who have read the bill 

and know anything about the present la~. It is an attempt, and an honest attempt, on the part of the committee to remove, so far as can practically be done, the evils which press upon the public in connec- tion with the patent system. But, as I sai~ in the first place, they do 

not propose and have not proposed to abolish the patent system or to 

destroy it. They regard it as being of too much benefit to the cQuntry for that. 

Now my friend, the Senator from Minnesota, says that there is nothing in this bill that helps his friends in his own State. He says that 

there is a blackmailing cdnspiracy there by which snits are prosecuted. Now, there is in this bill a provision which allow.s the courts 

in just such a case as that to impose terJDs, by way of counsel fees 

and costs, upon the successful party. It seems to me that that is sufficient for the prot-ection of his constituents. 

Mr. President, if this bill is delayed, of course it cannot pass the 

House at. this session. In order to pass the House, it should at once pass the Senate. The delay which my friend the Senator from Minnesota. asks will defeat the bill, and defeat the measures which have 

been taken. for the purpose of removing many of the evils which exist 

in connection with the patent system. 

::\Ir. WINDOM. Allow me to say that I do not desire to delay the 

bill longer than until to-morrow for the purpose, in good faith, of preparing an amendment and submitting it to see if we cannot accom- plish something in the direction I have suggested; I have not prepared 

any other amendment, for the reason that I had supposed there would 

be no opposition to the one which has just been voted down; but, if 

the bill can go over until to-morrow, I will make no further opposition to it if the amendment shall be voted down, or if we cannot agree 

upon one that will accomplish the object. The Senator says it will 

defeat the bill. One day more can hardly accomplish that result. ·It 

is now nearly half past two o'clock, and it is but a very short postponement that I ask. . Mr. WAD LEIGH. It seems that the appropriation bills are already 

pressing for consideration. Now, let us pa.ss this bill, and I pledge 

myself if my friend the Senator from Minnesota will draw up any remedy that is practicable to relieve his constituents from the e...-ils 

under which th~y are suffering, the committee shall act upon it at 

@nce. I am sure they will do so, and it will be returned to the Senate 

and passed here and go to the other Honse, because there will be no 

makes a very reasonable request of the Senator from New Hampshire 

in charge of this bill. As I understand the Senator from Minnesota,. he only asks that the bill be laid a.side to-day informally, and in the· mean time an appropriation bill can go on, and the bill be taken up 

to-morrow morning again. If I understand it, that is the propositio:n. 

the Senator from Minnesota. 

llr. WINDOM. The appropriation bill is ready now, and can b~ 

proceeded with at .any moment. 

Mr. ALLISON. You propose to take up this bill to-morrow again t 

Mr. WINDOM. I shall not resist taking it up to-morrow . Mn ALLISON. I think by unanimous consent we ought-to agree, to that ~nd go on with the naval appropriation bill now. It is the· only appropriation bill ready. 

Mr. BECK. I rise to renew the motion made a short time ago by 

the Senator from Minnesota, to set aside the present and all priororders and take up the narval appropriation bill, and I desire. while I am up to state the reason why I do so. The motion has been voted 

down once. I have watched thia bill as closely as I could. Of course-- ! am not informed Mcurately about all its provisions; and while l 

hold that the bill as a whole is an improvement on the present system of patent laws, y~t I am equally sure that the only real, substantial benefit that the people of this country will derive from the pas-· sage of this bill will come from the insertion of such an amendment as that offered by the Senator from Minnesota. If the Senate is not , going to allow him time until to-morrow to prepare an amendment 

that will give substantial relief to the people against sby_sters, to use, the expression used both by him and by the Senator from New Hampshire, then I will assume of course, that the great mass of the Senate· do not intend even to altow a proposition to be heard whereby relief can be had to the most oppressed claSs of people. I want to test the- sense of the Senate upon it once more by making the motion that I 

have submitted, so that the Senator from :Minnesota can present tothe Senate an amendoment which will give substantial relief to the 

people who most need it.· I know that the present patent laws ar~ 

of such a character that the real inventor ruely gets any benefit 

from them. His patent passes int-o th~ hands of great combinations, 

and they have their agents all over the country, and they are in every 

form seeking to oppress the people, and the United States courts ar~ 

open to them for the smallest possible amounts, while they are closedr to all others unless they have $500 m:v-olved; and unless they can becontrolled by some such amendment as that offered by tho Senator 

from Minnesota. yc;m may change your patent laws as much as you 

please and the great combinations that get hold of patents and get 

them through in every form will have substantially the same power 

after the bill paBSes that they have now. It is because I believe that 

the Senator from Minnesota is in earnest, and so far as I have seen any 

amendment his is the only reali-eamest purpose to get relief against 

the oppressions of the patent a.ws, that I. do hope the vote will be 

reconsidered and he will have time at least to. prepare a new amendment. 

The PRESIDING OFFICER. Does the Chair understand the Senator from Kentucky to submit a motion~ 

Mr. BECK. I do, to set aside the present and all prior orders and 

proceed to the consideration of the naval appropriation bill. 

The PRESIDING OFFICER. The Senator from Kentucky moves that the present and all prior orders be laid aside for the purpose he 

has named. 

Mr. EDMUNDS. Mr. President, I wish in this condition of affairs 

to do what will accomplish the purpose of the Senator from Kentucky and the purpose of the Senator from Minnesota, and for reasons that have been explained to Senators in the pt:oper place I move that 

the Senate now proceed to the consideration of executive business. 

The PRESIDING OFFICER. The Senator from Vermont moves that the Senate proceed to the consideration of executive business. 

The motion was agreed to. · 

WABASH A..~ ~II CA..."\AL LA...~DS. 

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

Attorney-General, communicating information in response to a resellution of the Senate of March 19, 187~, as to whether the lands, 

rights, &e., granted by the United States to the State of Indiana, 

under the act of May 26, 18'24, in relation to a canal to connect the 

rivers Wabash and Miami, have reverted to the United States; which was referred to the Committee on the Judiciary, and ordered to be 

printed. EXECUTIVE SESSIOY. 

The Senate proceeded to the consideration of executive business. 

After one hour and twenty-nine minutes pent in executive session 

the doors were reopened, and (at three o'clock and fifty-seven minutes 

p.m.) the Senate adjourned. 

HOUSE · OF REPRESENTATIVES. 

~IONDAY, Janttary 20, 1879. 

opposition to it. 

Mr. ALLISON. 

The House met at twelve o'clock m. Prayer by the Chaplain, Rev .. ,v. P. IlARru:SOY, D. D. 

It seems to me that the Senator from Minnesota The Journal of Se.tnrday last was read and approved. 

. 
.. 

1879. CONGRESSIONAL RECORD-HOUSE. 

ORDER OF BUSTh""ESS. 

Mr. WADDELL. I rise to ask unanimous consent--

The SPEAKER. The Chair cannot interrupt the morning hour on Monday; it never has been interrupted. 

The morning hour begins at seven minutes past twelve o'clock. This 

being Monday, the first business during the morning hour is the call 

of States and Territories, beginnipg with the State of Maine, for bills 

and joint resolutions for introduction aud reference to appropriate 

committees. During this call memorials and joint resolutions of State 

.and territorial Legislatures are in order for reference. • 1\Ir. CARLISLE. I at>k unanimous consent that the call mav be 

proceeded with, so that all the States and Territories inay be called. 

There was n~ objection, and it was so ordered. 

SECTION 3469 OF REVISED STATUTES. 

Mr. HALE introduced a bill (H. R. No. 5862) to amend section 3469 

·Of the Revised Statutes of the United States; which was read a first 

and second time, referred to the Committee on the Judiciary, and 

.()rdered to be printed. · 

ROBERT BO"l"'D. 

Mr. JONES, of New Hampshire, introduced a bill (H. R. No. ·5863) 

to restore Commander Robert Boyd, of the United States Navy, 'to 

his original position on the Navy Register; which was read a first and 

second time, referred to the Committee on Naval Affairs, and ordered 

to be print-ed. HARRIET FLAGG. 

·Mr. JONES, of New Hampshire, also introduced a bill (H. R. No. 

.5864) granting a pension to Harriet Flagg, widow of the late Lieutenant William Flagg, of the United States Navy; which was read .a first and second time, referred to the C9mmittee on Invalid Pen-

,aions, and ordered to be printed. 

FUNDED DEBT OF THE DISTRICT OF COLUl.\lBIA. · 

Mr. liENDEE introduced a bill (H. R. No. 5865) making prevision 

for the payment of the interest on the funded debt of the District of 

Columbia and for the gradual redemption .thereof; which was read a first and second time: referred to the Committee for the District of 

Columbia, and ordered to be printed. 

DELEGATE FROM THE DISTRICT OF COLUMBIA. 

Mr. HENDEE (by request) also introduced a bill (H. R. No. 5866) 

tprov.itling for the election to Congress of a Delegate from the District 

of Colum,bia; which was read a first and second time, referred to the 

Committee for the District of Columbia, and ordered to be printed. 

SAMCEL N. BLAIR. 

Mr. JOYCE introduced a bill (H. R. No. 5867) granting a pension to 

Samuel N. Blair, late a private in Company E, Eighth Vermont Vol- ,unteer Infantry; which was read a first and second time, referred to 

the Committee on Invalid Pensions, and ordered to be printed. · · 

MARTHA A. LEWIS. 

Mr. JOYCE also introduced. a bill (H. R. No. 5868) granting a pen-

.£Jion to Martha A. Lewis, widow of William G. Lewis, late a private 

in Company B, Second Regiment Vermont Volunteer Infantry; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

RHODA L. BARBER. 

Mr. JOYCE also introduced a bill (H. R. No. 5869) granting a pen- ~on to Rhoda L. Barber, widow of David S. Barber, late a private ·in Company C and Company H, Ninth Regiment Vermont Volunteer 

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

'\ Committee on Invalid Pensions, and ordered to printed. 

l'tiARY H. FRENCH. 

Mr. JOYCE also introdocei a bill (H. R. No. 5870) granting a pen- ,-sion to Mary; H. French, mother of George A. French, late a private 

in Company I, Second Regiment Vermont Volunteer Infantry; which was read a first and second time, referred to the Committee on lnva-

:lid Pension.!;', and ordered to be printed: 

HORACE BROWN. 

Mr. JOYCE also introduced a bill (H. R. No. 5871) granting a pen- .sion to Horace Brown, late a private in the Second Vermont Battery; 

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

JAMES LARRO. 

Mr. JOYCE also introduced a bill (H. R. No. 5872) granting a pen- ·sion to James Larro, late a private in Company B, Seventh Regiment 

Vermont Volunteer Infantry; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

:printed. · MAJOR F.• ALLEY. 

Mr. JOYCE also introduced a bill (H. R. No. 5873) granting a pension to Major F. Allen, late a private in Company G, Twelfth Regiment Vermont Volunteer Infantry; which waareadafirstand second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. . HE~"RY F. BRINK. . 

· Mr. JOYCE also introduced a bill (H. R. No. 5874) gra~ting a pen- :Sion to Henry F. Brink, late a private in Company B, Fifth Regiment 

Vermont Volunteer Infantry ; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. AZEM G. ESTY. 

Mr. JOYCE also introduced a bill (H. R. No. 5875) granling a pension to Azem G. Esty, late a private in Second Vermont Battery ; 

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

BARTON BLACKMER • 

Mr. JOYCE also introduced a. bill (H. R. No. 5876) granting a pension to Barton Blackmer, late a private in Second Vermont Battery; 

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

HE.."iRY l\I. FERRIS. .• 

Mr. JOYCE also introduced a bill (H. R. No. 5877) granting a pension to Henry M. Ferris, late a private in Second Vermont Battery; 

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

JOllY BEA..."\. 

Mr. JOYCE also introduced a bill (H. R. No. 58i8) granting a pension to John Bean, late a private in Company A, Sixteenth Regiment 

Vermont Volunteer. Infantry; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be 

printed. . . · NATIONAL DIPLOMATIC SCHOOL. 

Mr. JOYCE also presented a joint resolution of the Legislature of 

the State of Vermont, relating to the national diplomatic school; 

which was referred to t~e Committee on Foreign Affairs . 

LIEUTE:SANT-COLO~'EL CHARLES G. CHA..~DLER. 

Mr. JOYCE also presented a joint resolution of the General Assembly of the State of Vermont in relation to Lieutenant-Colonel Charles 

G. Chandler, formerly of the Tenth Regiment Vermont Volunteer . Infantry; which was referred to the Committee on Military Affairs. 

ANIM;ALS I:s" TRANSIT. 

Mr. JOYCE also presented a joint resolution of the General Assembly of the State of Vermont, relating to the treatment of animals in 

transit; which was referred to the Committee on Agriculture. 

PLATTSBURGH VOL"IDI"'TEERS. 

Mr. JOYCE also presented a joint resolution of the GeneralAssembly of the State of Vermont, in relation to the claims of the.Plattsborgh Voldnteers for pensions for services in the war of 1812; which was referred to the Committee on Revolutionary Pensions. 

PENSIONS. 

Mr. JOYCE also introduced a bill (H. R. No. 5879) to amend section 

3 of an act approved March 9, 1878, entitled "All act . amending the 

laws granting pensions to the soldiers and sailors of the war of 1812 

and their widows, and for other purposes," providing that in the 

absence of any records of the service of the soldier in the War Department the record made and kept by a State shall be received by the 

pension bureau as evidence of the facts contained in it relatin(J' to 

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

the Committee on Revolutionary Pensions, and ordered to be printed. 

STAFF OF l'tiARL'ffi CORPS. 

Mr. BANKS introduced a bill (H. R. No. 5880) to regulate and define 

the rank of the staff of the Marine Corps; which was read a first and 

second time, referred to the Committee on Naval Affairs, and ordered 

to be printed. 

Al\IERICAY REGISTER FOR STE.Al\IBOAT. 

Mr. LORING introduced a bill (H. R. No. 5881) authorizing the 

issue of an American register to the steamboat City of Frederickton, 

and to change the name of the same; which was read a first and second 

time, referred to the Committee on Commerce, and ordered to be 

printed. · REUBFl.' H. FITTS. 

Mr. LORING al~o introduced a bill (H. R. No. 5882) granting a pension to Reuben H. Fitts, of Haverhill, Massachusetts; which was read a first and second time, referred to the Committee on Invalid 

Pensions, and ordered to be printed . 

PROBATE BUSINESS IN THE DISTRICT OF COLUMBIA. 

Mr. CRAPO introduced a bill (H. R. No. 5883) ·to amend the law 

with respect to wills, to regulate the transaction of probate business 

in the supreme court of the District of Columbia, and for other purposes; which was read a first and second time, referred to the Committee for the District of Columbia, and ordered to be printed. 

CORCORAN GALLERY OF ART. 

Mr. CLAFLIN introduced a bill (H. R. No. 5884) for the relief of 

the trustees of the Corcoran Gallery of Art; which was read a first 

and second time, referred to the Committee on ·Appropriations, anu ordered to be printed. 

C. W. ABBOTT ~"'D W. W. BARRY. \c 

Mr. MORSE introduced a bill (H .. R. No. 5885) ·for the relief of 

Charles ·W. Abbott, a pay director, and W. W. Barry, a pa.ssecl assistant paymaster, in the United States Navy; which was reacl a first and 

• 
• 

574 CONGRESSIONAL RECORD-HOUSE. 

second time, referred to the Committee on Naval Affairs, and ordered navigation laws; which waa read a first and second time, referred toto be printed. the Committee on Commerce, and ordered to be printed. HERMA-~ LISSBERGER. 

Mr. MORSE also introduced a bill (H. R. No. 5886) for the relief of 

Hennan Lissberger; which was read a first and second time, referred 

t() the Committee on Naval Affairs, and ordered to be printed. 

:\IRS. :MARY B. CUSHING. 

:Mr. MORSE also introduced a bill (H. R. No. 5887) gr~ting a pension of $50 per month to Mrs. Mary B. Cushing, widow of :Milton B. 

Cnshing, late of Columbus, Ohio; which was rea-d a first and second 

time, referred to the Committee on I:nvalid Pension , and ordered to 

be printed. 

WILLIA-\1 H. E"VERETT. 

Mr. MORSE also introduced a bill (H. R. No. 5888) for the relief of 

Lieutenant 'Villiam H. Everett, United States Navy; which waa :read a first and second time, referred to the Committee on NaYal Affairs, and ordered to be printed. 

LABA-~ HEATH .t-, CO. 

Mr. MORSE also introduced a bill (H. R. No. 5889) for the relief of 

Laban Heath & Co.; which wasreadafirstandsecond time;refen·ed 

to the C~mmittee of Claims, and ordered to be ~rinted. , 

AUGUST ,CO~RAD. 

Mr. BALLOU introduced a bill (H. R. No. 5890) for-the relief of Au~st Conrad, Company D, Sixth Regiment 1\Iaryland Volunteers; 

which was reid a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

WINDH.UI ~ATIONAL BA-,K. 

1\Ir. WAIT introduced a bill (H. R. No. 5891) authorizing the Windham National Bank to change its location from Windham Center to 

the village of Willimantic, in the same town; whfch waa rea-d a first 

and' second time, referred to the Committee on Banking and Currency, . and ordered to be printed. AUSTI~ G. DAY. 

Mr. WAIT also introduced a bill (H. R. No. 5892) for the relief of 

Austin G. Day; which was rea-d a first ·and second time, referred to 

the Committee on Patents, and ordered to be printed. 

CORRECTIO~ OF A..c~ ARMY OFFICER'S RECORD • 

:Mr. LANDERS introduced a bill (~. R. No. 5893) to correct an Army 

officer's record; which was read a first and second .time, referred to 

the Committee on Military Affairs, and ordered to be prin~ed. 

DAVID AVERILL. 

:Yr. PHELPS introduced a bill (H. R. No. 5894) granting a pension 

to David 4 verill; which was read a first and second time, referred to 

the Com.m1ttee on Revolutionary Pensions, .. and ordered to be printed. 

WASHINGTO~ :'\IONUMENT. 

Yr. WILLIS, of New York, introduced a joint resolution (H. R. No. 

212) to facilitate, simplify, and economize the work on the ·washington Nationall\Ionument in the District of Columbia; which was read a first and· second time, referred to the Committee on Public Buildings 

and Grounds, and ordered to be prin·ted. 

CO.DIODORE J, W. A. NICHOLSON. 

Mr. WILLIS, of New York, also introduced a joint resolution (H. 

R. No. 213) authorizing Commodore J. W. A. Nicholson, of the United 

States Navy, to accept .a medal from the King of· Spain; which was read a first and .second time, referred to the Committee on Milit~ry 

Affairs, and ordered to be printed. . 

l\IARY LEGGETT. 

Mr. WILLIS; of New York, also introduced a bill (H. R. No. 5895) 

granting a pension to Mary Leggett, widow of Robert Leggett, late 

lieutenantrcolonel Tenth Connecticut Volunteers; which was read a first and second time, referred to the Committee on Invalid Pensions, 

and ordered to be printed. 

LffiRARY OF CONGRESS. 

Mr. COX, of New York, introduced a bill (H. R. No. 5896) to provide 

permanent accommodation for the Library of Congress; which was read a first and second time, referred to the Committee on the Library, 

and ordered to be printed. · ' 

REG"L"LA.TIO~ OF STEAl\1-VESSELS. 

1\Ir. COX, of New York, also introduced a bill (H. R. No. 5897) to 

amend section 4400 of title 52 of the Revised Statutes of the United 

States, concerning the regulation of steam-vessels; which was read a first and second time, referred to the Committee on Commerce, and 

ordered to be printed. 

~E HOSPI'I'AL SERVICE. 

Mr. COX, of ~ew York, also introduced a bill (H. R. No. 5898) to 

set apa±t a_{)o~ionof Bedloe'slsland,in New York Harbor, for the use of the manne hospital service; which was read a first and second 

time, referred to the Committee ·on Commerce, and ordered to be 

printed. 

E. F. WE~CKEBACH. · 

Mr. EICKHOFF also introduced a bill (H. R. No. 5900) authorizing. the appointment to E. F. Wenckebach to a second lieutenancy in the· Army; which was read a first and second time, referred to the Committee on Military Affairs, and order.ed to be printed. · 

AMEYD:UENT OF REVISED STATUTES. 

Mr. WOOD introduced a bill (H. R. No. 5901) to amend section 828 

of the Revised Statutes of the United States of America; which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. 

CHARLES l\IARKLEIN. 

. Mr. STARIN introduced a bill (H. R. No. 590-2) for the relief of 

Charles Marklein, late sutler of the On0 hundred and seventy-eighth.. 

New York Volunteers; which was read a first and second time, re- ferred to the Committee on War Claims, and ordered to be printed. 

ARMY REORGA-"'UZA.TION BILL. 

~Ir. STARIN also presented a resolution of the New 'York State' ~ssembly instructin~ Senators ,and Representatives in Congress to 

oppose the passage of Army reoro-anization bill ; which waa referred 

to the Committee on Military Affairs, and ordered to be printed. 

:"IIA.RGARET DOYLE. 

Mr. CUTLER introduced a bill (H. R. No. 5903) for the relief of: 

Margaret Doyle; which was read a first and second time, referred tQro 

the Committee of Claims, and ordered to be printed. 

LUKE Y'YEILL. 

Mr. CUTLER also introduced a bill (H. R. No. 5904) for the relief 

of Luke M.cNeill, of Passaic, New Jersey') authorizing the SeeTetary 

of War to lSBUe an honorable discharge and amend the Army rolls,. &o.; which was read a first and second time, referred to the Commfttee on Military Affairs, and ordered to be printed. . 

PE..~SIONS TO SOLDIERS' WIDOWS WHO liA. VE REMA.RR.lEI). 

Mr. CUTLER also introduced a bill (H. R. No. 5905) to repeal sec- tion 4708 of Revised Statutes, and giving pensions to widows of soldiers who are remarried and who may remarry; which was read a . first and secolld time. referred to the Committee on Invalid Pensions,. and ordered to be printed. HER:MA...~ BIGGS. 

1\Ir. PUGH introduced a bill (H. R.No. 5906) for the relief of Her-- man Biggs; which was read a first and second time, J'eferred to the• Committee on Military Affairs, and ordered to be printed. 

SCHOO~"ER J. H. DUSE~'BERRY. 

1\Ir. PUGH also introduced a bill (H. R. No: 5907} to change the, naine of the schooner J. H. Dusenberry ; which was read a . first and 

second time, referred to the Committee on Commerce, and orderecl to• be printed. CHARLES M'ELWEE. 

Mr. PUGH also introduced a bill (H. R. No. 5908) granting a pension to Charles McElwee; which was read a first and second time, 

referred to the Committee· on Invalid Pensions, and o:rdered to be· printed. liARY BURR. 

:Mr. PUGH also introduced a bill (H. R. No. 5909) restoring ..to the· pension-rolls the name of Mary Burr; ·which was read a first and sec- ond time, referred to the Committee on Invalid Pensions,andorderedt 

to be printed. MARY A. SHE)1ELIA. 

Mr. PtJGH also introduced a bill (H. R.No. 5910) granting a pension· to Mary A. Shemelia; which was read a first and second time, referred 

to the Committee on Invalid Pensions, and ordered to be printed. 

ROBERT L. HA.."~WOCK. 

:l\Ir; PUGH also introduced a bill (H. R. No. 5911) granting a pension to Robert L. Hancock ; which waa read a fust and secoad t!.me, 

referred to the Committee on Invalid Pensio'QS7 and orde.Ded to. be· 

printed. JOJDC RYA-,, 

1\Ir . .MACKEY introduced a bill (H. R. No. 5912-)granting a pension. 

to John Ryan, late a lieutenant of Company F, Sixty-ninth Regiment 

Pennsylvania Volunteers; which was read a fust and second time,. referred to the Committee on Invalid Pensions, and ordered to beprinted. 

JA.)IES PE~'FIELD. 

1\Ir. l\IACKEY also introduced a bill (H. R. No. 5913) authorizing 

and directing the Secretary of the Interior to inc.rease the pension of 

James- Penfield, of Company H, One hundred and fifth Regiment 

Pennsylvania Volunteers; which w.as read a first and second time, 

referred to the Committee on Invalid Pensions1 and ordered to oo 

printed. MRS. AMANDA GHEER. 

Mr. MACKEY also introduced a bill (H. R. No. 5914) g1ranting a. NAVIGATION LAWS. pension to Mrs. Amanda Gh~, mother of L.A. Gheer1 late a private-. Mr. EICKHOFF introduced a bill (H. R. No: 5899) to amend the in Company C, Fifty-second Regiment Pennsylvarua. Volunteers;. 

I 
1879. CONGRESSIONAL RECORD-HOUSE. 575 

which was read a. first and second time, referred to the Commitj;ee.on 

Invalid Pensions, and ordered to be printed. · 

JA..'IES WELCH. 

1\Ir. MACKEY aJ.so introduced a bill (H. R. No. 5915) for the relief 

of James Welch, Company B, Seve:nteenth Regiment Michigan Volunteers; which was read a. first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

SCIE.."'TIFIC EXPLORATION OF NORTHERN STATES OF MEXICO. 

:Mr. MACKEY also introduced a joint resolution (H. R. No. 214) 

authorizing the establishment of a commission for the scientific ex- ploration of the northern states of Mexico and the territory of the 

United States anjoining the same; which was read a first and second 

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

be printed. 

THE ADULTERATION OF ARTICLES OF FOOD A..'ID DRINK. 

Mr. WRIGHT introduced a bill (H.R. No. 5916) for preventing the 

adulteration of articles of food and drink; which was read a :first and 

second time, referred to the Committee on Manufactures, and ordered 

to be printed. 

CIVIL ENGTh'EERS lTh~TED STATES NAVY. 

Mr. WRIGHT also (by request) introduced a bill (H. R. No. 59b7) to 

reduce the number and fix the relative rank of civil engineers in the 

Navy; which was read a first and second time, referred to the Committee on Naval Affairs, and ordered to be printed. 

COR..~LIUS ACKER. 

Mr. BRIDGES introduced a bill (H. R. No. 5918) granting arrearages 

of pension to Cornelius Acker, of Company B, Forty-seventh Regiment Pennsylvania Volunteers; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. CARLOS BUTTERFIELD. 

Mr. BRIDGES also introduced a joint resolution (H. R. No. 2.15) 

requiring the Secretary of State to deliver to Carlos Butterfield certified copies of all papers and account-s filed in the State Department 

by the late joint commission, being proofs of indebtedness of Mexico 

to the late tirm of Carlos Butterfield & Co.; which was read a first 

and second time, referred tQ the Committee on Foreign Affairs, and 

ordered to be printed. WAR CLADIS. 

Mr. MAISH (by request) introduced the f~llowing bills; which were severally read a first and second time, referred to the Committee on War Claims, and ordered to be printed: 

A bill(~. R. No. 5919) for the relief of Eleanor GuinD, executrix 

of the estat~ of George Guinn, sr., late of Adams County, Pennsylvania· · A bill (H. R. No. 59'20) for the relief of Edward Menchey, of Adams 

County, Pennsylvania; 

A bill (H. tt. No. 5921) for the relief of John Bushman, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 592'..>.) for the relief of l!laac Lightner, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5923) for the relief of George Arnold, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5924) for the relief of Samuel Gintling, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5925) for the relief of Philip H. Redeng, of Adams County,~ennsy4'ania; 

A bill (H. R. No. 5926) for the relief of George Musser, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5927) for the relief of SamuelS. :Moritz, of Ad~ 

County Pennsylvania; · A bili (H. R. No. 5928) for the 'relief of Nichol~ Codori, of Adams 

County, Pennsy 1 vania ; · · A bill (H. R. No. 59'29) for the relief of John F. Currens, of Adams 

County, Pennsylvania· 

A bill (H. R. No. 5936) for the relief of Alexander Cobeau, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5931) for the relief of Henry H. Jacobs, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5932) for the relief of John Munshow, of Adams 

County, Pennsylvania; · A bill (H. R. No. 5933) for the relief of Jacob Weikert, of Adams 

County, Pennsylva,nia ; 

A bill (H. R. No. 5934) for the relief of George "\V. Rose, of Philadelphia, Pennsylvania; . A bill (H. R. No. 5935) for the relief of John Horner, of Adams • County, Pennsylvania; 

A bill (H. R. No. 5936) for the relief of Hemy ,V. Epley, of Adams 

County, Pennsylvania; · A. bill (H. R. No. 5937) for the relief of William Patterson, of .Adams 

County, Pennsylvania; 

A bill (H. R. No. 5938) for the relief of John N. Hoffman, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5939) for the relief of Michael Frey, of Adams 

County, Pennsylvania; · A bill (H. R. No. 5940) for the relief of Philip Snyder, of Adams 

County, Pennsylvania; 

A bill (,H. R. No. 5941) for the relief of Michae-l Fiscel, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5942) for the relief· of David Blubaugh, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5943) for the relief of Franklin Swisher, of Adams 

County, Pennsylvania; 

A bill (H. R. No. 5944) for the relief of Ann Maria Bollinger, administratrix of the estate of Jacob Bollinger, late of Adams County,. 

Pennsylvania; 

A bill (H. R. No. 5945) for the relief of Jane Ann Clapsaddle, of 

Adams County, Pennsylvania; . · A bill (H. R. No. 5946) for the relief of Jaeob Benner, of Adams. 

County, Pennsylvania; · A bill (H. R. No. 5947) for the relief of William H. Houghtelin, ex- ecutor of the estat~ of Cornelius Hougbtelin, late of Adams County,.. 

Pennsylvania; 

A bill (H. R. No. 5948) for the relief of Jacob Baker, of Adams. 

County, Pennsylvania; · 

A bill (H. R. No. 5949) for the relief of Emanuel Wherley, of Adams. 

Co:unty, Pennsylvania; 

A bill (H. R. No. 5950) for the relief of Adam Bollinger, of Adams• County, Pennsylvania; · 

A bill (H. R. No. 5951) for the relief of Leander Hummelbaugh,. executor of the estate of Jacob Hummelbaugh, late of Adams County,. Pennsyh-ania; · 

A bill (H. R. No. 5952) for the relief of David Zeigler, of Adams. 

County, Pennsylvania; · . A bill (H. R. No. 5953) for the relief of William H. Duttero,. ot 

Adams County, Pennsylvania; 

A bill (H. R. No. 5954) for the relief of Sarah A. Eckenrode, administratrix of the estate of Nicholas Eckenrode, late of Adams County, 

Pennsylvania ; 

A bill (H. R. No. 5955) for the relief of Josiah Benner, of Adam& 

County, Pennsylvania_; · A bill (H. R. No. 5956) for the relief of Sarah Paterson of AdaJ.ll.S1. 

County, Pennsylvania; · A bill (H. R. No. 5957) for the relief of Alexander C. Shorb, of AdalllSo 

County, Pennsyl\""ania; and 

A bill (.H. R . .No. 5958) for the relief of Catharine Trostle, of AdamsCounty, Pennsyl\""anta. 

:IIAJOR-GE~"ERAL WILLIA~I A. AVERILL. 

1\Ir. MAISH also introduced a bill (H. R. No. 5959) authorizing theretirement of Brevet Major-General William W. Averill, United.States; 

Army, with the rank and pay of a brigadier-~eneral; which was read a first and second time, referred to the Committee on Milit~ry Affairs,. and ordered to be printed. 

GEORGE A. BRA..~T. 

Mr. TURNEY, by request, introduced a bill (H. R. No. 5960) granting a pension to George A. Brant, late a sergeant in Company E, Two-· hundred and eleventh Pennsylvania Volunteers; whiob was read a. first and second time, referred to the Committee on Invalid Pensions,. 

and ordered to be printed. 

L"\U'ROYEMENT OF THE YOUGHIOGHE~Y RIVER. 

Mr. TURNEY also introduced a bill (H. R. No. 5961) for the improvement of the Youghiogheny River, in Pennsylvania; which was. read a first and second time, referred to the Committee on Commerce,. 

and ordered to be printed. 

HEAD-STONES OVER SOLDIERS' GRA YES. 

Mr. WOOD introduced a bill (H. R. No. 5962) ma.king available ~ 

unexpended balance of an appropriation of $1,000,000 made by act of· Congress of March 3, A. D. 1873, for the purpose of pla.cing beadstones above the gra\es of soldiers who served in ibe regular or volunteer forces of the United States during the war for the Union,.. 

interred in the national cemeteries, so that said unexpended balance= 

may be used for placing bead-stones above the graves of such Union. soldiers interred in the private village or city cemeteries; which was read a first and second time, referred to the Committee gn Appropria.-· tions, and ordered to be printed. 

CAPTA.Di SAMUEL C. SCHOYER. 

:Mr. BAYNE introduced a bill (H. R. No. 5963) to increase the pension of Captain Samuel C. Scboyer, late of Company G,.One hundred 

and thirty-ninth RegiiJlent Pennsylvania Volunteers; which was' 

read a first and seconcl time, referred to the Committee on Invalid 

Pensions, and ordered to be printed. 

ANDREW J. HORTON. 

l\Ir. OVERTON introduced a bill (H. R. No. 5964) granting a pen-· sion to An<lrew J. Horton, late a private of Company G, One hundred 

and eighty-eighth Regiment New York State Volunteers; which was. read a. first and second time, referred to the Committee on Invalid. 

Pensions, ;1ntl ordered to be printed. 

MARY M'CLAL.~. 

Mr. WHITE, of Pennsylvania, introduced a bill (H. R. No. 5965) 

granting a pension to Mary McClain; which w:as read a first and! 

second time, referred to the Committee on Invalid Pensions, andi. 

ordered to be printed. 
576 CONGRESSIONAL · RECOJ_tD- HOUSE. JANUARY 20, 

DUTY ON TIX AND TER!\"'E PLATES. 

Mr. WHITE, of Pennsylva~a, a~~ introd~ced a joint resolu~ion {H. R. No. 216) declaring the meanmg of sectwn 2504 of the Rev1sed 

Statutes imposing a duty on tin and terne plates; which was read a first and second time, referred to the Committee of Ways and Means, 

and ordered to be printed. · 

JOHN" l\1. l\I CLL~TOCK. 

~Ir. KIMMEL introduced a bill (H. R. No. 5966) for the relief of 

John M. McClintock, of Baltimore, Maryland; which was read a first 

and second time, referred to the Committee of Claims, and ordered 

to be printed. SOPHIA A. 1\IELSOX. 

Mr. HENRY introduced a bill (H. R. No. 5967) granting a pension 

to Sophia A. Melson; which was read a first and second time, re- ferred to the Committee on Invalid Pensions, :md ordered to be 

printed. JESSE T. MEYERS. 

Mr. HENRY also introduced a bill (H. R. No. 596B) gran tin~ a pension to Jesse T. Meyers; which was read a first and second time, re- ferred to the Committee on Invalid Pensions, and ordered to be 

printed: · 

which was read a first and second time, referred to the Committee on Military Aff..1oirs, and ordered to be printed. 

WRITS OF ERROR. 

Mr. HERBERT introduced a bill (H. R. No. 5982) to provide for 

writs of error in certain criminal causes; which was read a first and 

second time, referred to the Committee on the J ndioiary, and ordered 

to be printed. 

, l\llLEAGE OF 1\IARSHALS. 

Mr. HERBERT also introduced a bill (H. R. No. 5983) to regulate 

mileage of marshals, and for other purposes; which was read a first 

and second time, referred to the Committee on Expenditures in the 

Department of J nstice, and ordered to be printe~. 

fu\IEND::\:I:E~""T OF REVISED STATUTES. 

Mr. HERBERT also introduced a bill (H. R. No. 5984) to amend 

section 688 of "the Revised Statutes of the United States, and a bill 

(H. R. No. 5985) to amend section 5440 of the Revised Statutes of the 

United States; which were severally read a first and second time, 

referred to the Committee on the Judiciary, and ordered to be printed. 

BERNHARD SA!\"'DERS. 

Mr. MO!\TEY introduced a bill (H. R. No. 59!;6) granting a :pension 

to Bernhard Sanders; which was read a first and second time, referred 

JOHX H. SOTHORON. to the Committee on Invalid Pensions, and ordered to be printed. Mr. HENKLE introduced a bill (H. R. No. 5969) for the relief of 

John H. Sothoron ; which was read a first and second time, referred 

to the Committee on the Judiciary, and ordered to be printed. 

TRANSPORTATION OF MAILS. 

Mr. TUCKER introduced a bill (H. R. No. 5970) regulating the 

compensation for the transportati<?n of mails on railroad ~outes; 

which was read a first and second time, referred to the Comm1ttee on the Post-Office aB.d Post-Roads, and ordered te be printed. 

GEORGE W. FLOOO. 

Mr. HUNTON introduced a bill (H. R. No. 5971) for the relief of 

George W .. Flood; which was read a first and second time, referred 

to the Committee of Claims, and ordered to be printed. 

WILLIAM LA VERY. 

Mr. GOODE (by request) introduced a bill (H. R. No. 5972) for the 

relief of William Lavery; which was read a first and second time, 

referred to the Committee on War Claims, and ordered to be printed. 

CHANGE OF NAME OF STEAMER GEORGE LEARY. 

Mr. GOODE also introduced a bill (H. R. No. 5973) authorizing 

the change of the name of the steamer George Leary, of Washington, 

District of Columbia, to George H. Plant; which was read a first and 

second time, referred to the Committee on Commerce, and ordered to 

be printed. CHATTAHOO.CHEE RIVER, GEORGIA. 

Mr. HARRIS, of Georgia, introduced a bill (H. R. No. 5974) to con- tinue the improvement of the Chattahoochee River, in the State of 

Georgia; which wa.s read a first and second time, referred to the Committee on Commerce, and ordered to be printed. 

WILLIAM: l\IEHAFFY. 

Mr. HARRIS, of Georgia, also introduced a bill (H. R. No. 5975) 

for the relief of William Mehaffy, of the State of Georgia; which was read a first and second t.ime, referred to the Committee of Claims, 

and ordered to be printed. D. K. LOVE. 

M:r. HARRIS, of Georgia, also introduced a bill (H. R. No. 5976) 

for the relief of D. K. Love, of Georgia.; which was read a first and 

second time, referred to the Committee of Claims, and ordered to be 

printed. · JOHN" ii'Gim-"'"18. 

Mr. BELL introduced a bill (H. R. No. 5977) to grant a pension . to 

John McGinnis, of Georgia; which was read a first and second time, 

referred to the Committee on Invalid Pensions, and ordered to be · printed. THO?tiAS A. ROO~'EY. . 

Mr. FELTON introduced a bill (H. R. No. 5978) for the relief of 

Thomaa A. Rooney, postmaster at Acworth, Georgia; which was read a first and second time., referred to the Committee of Claims, and 

ordered to be printed. 

SUITORS IN Ul'I"'"ITED STATES COURTS. 

Mr. Sl\UTI{, of Georgia, introduced a bill (H. R. No. 5979) for the 

relief of suitors and claimants in courts of the United States; which .was read a first and second time, referred to the Committee on the 

Judiciary, and ordered to be printed. 

FLlli'T RIVER, GEORGIA. 

Mr. SMITH, of Georgia, also introduced a bill (H. R.lTo. 5980) to 

continue and complete the improvement of Flint River, in. the State 

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

Committee on Commerce, and ordered to be printed. 

TENTS, ETC., FOR SECOND GF:ORGIA BATTALIO~. 

Mr. BLOUNT introduced a bill (H. R. No. 5981) authorizing the Secretary of War to furnish to the Second Georgia Battalion tents-, &c.; 

SOUTHEfu~ MAIL CO~RACTORS. 

Mr. MONEY also introduced a joint resolution (H. R. No. 217) directing the Secretary of the Treasury to pay out of the fund appropriated 

for that purpose certain mail contractors of the Southern States for 

services in carrying the mails prior to the late waP; which was read a first and second time. 

Mr. MONEY. I move to refer the joint resolution just introduced 

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

Mr. CUMMINGS. I think that joint resolution should go to the 

Committee of Claims. A similar bill is now before that committee. 

In fact I think we have three bills of exactly a similar character before our committee. 

Mr. MONEY. I object to that reference. I want it referred to a committee that bas jurisdiction of that matter. 

Mr. CUMMINGS. We have referred to our committee now by this 

House three bills on that identical subject. I think all the bills should 

go togetheP. 

The SPEAKER. Does the gentleman move any amendment to the 

motion to refer t 

Mr. CUMMINGS. I move to amend so a.s to refer the joint resolution to the Committee of Claims. · Mr. MONEY. Can I not be heard a moment on that motion¥ 

The SPEAKER. The Chair will hear a hrief statement from the 

gentleman. 

Mr. MO!\TEY. The sum of $375,000 was appropriated by the last 

Congress for this purpose, and in a short time it will lapse into the 

Treasury. The Secretary of the Treasury, under his ruliDg, holds 

that money, and will not pay any claim, whether audited"or not. A 

great many of these claii:ns have been audited. by the Sixth Auditor 

for the Post-Office Department. Now, this resolution simply directs 

the Secretary of the Treasury to pay all claims that are audited and 

adjusted. There is already a bill before the Committee on the PostOffice and Post-Roads having in view·the same purpose, but embracing 

further legislation. This measure simply directs the Secretary of the 

Treasury to make payment on the claims already audited and adjusted. I know that the Committee of Claims cannot rooch this 

joint resolution for six months, and so does the gentleman who made 

the motion to refer it to that committee. 

Mr. CUMMINGS. This is not a special matter but a general matter. 

It is a measure which has already been before this Congress, and has 

been defeated by a vote of the House. After the action of the Honse 

three separate bills referring to this identical matter were introduced 

and by the House referred to the Committee of Claims, before which 

committee they are pending to-day. 

The question being taken on the amendment of Mr. CrnniiNGS to 

refer the joint resolution to the Committee of Claims, there were- ayes 72, noes 86. 

Mr. TOWNSE~, of New York, and Mr. CUMMINGS called for the 

yeas and nays. , The yeas and nays were ordered. . Mr. CUMMINGS. I rise to a parliamentary inquiry. I ask that 

Rules 78 and 81 may be read. I think the Speaker will then decide 

that the rules of the House require the reference--of this measure to 

-the Committee of Claims. · The Clerk read as follows: 

78. It shall be the duty of the Committee of Claims to take into consideration all 

such petitions and matters or things touching claims and demands on the United 

States as shall be presented, or shall or may come in question, and be referred to them by the House; and tor~port their ~pinion thereupon, together with such propo- sitions for relief therein as to them shall seem expedient. 81. It shall be the duty of the Committee on the Post-Office and Post-Roads to take into consideration all such petitions and matters or things touching the post- office and post-roads as shall be presented. or shaJl come in question, and be referred to them by the Honse ; and to report their opinion thereon, together "\lith such 

propositions relative thereto as to them shall seem expedient. 

'l'he SPEAKER. The Chair recognizes the reading of these rules as in the nature of an argument. The practice of the Chair baa al-
1879. CONGRESSIONAL RECORD-HOUSE. &77 

ways been to give the House an opportunity to determine to which 

committee a bill should be referred. • . Mr. WHITE, of Pennsylvania. I rise to a parliamentary inquiry. 

Is this the same bill that was under discussion here on a former day f 

The SPEAKER. -The Chair does not think that is a parliamentary 

inquiry. It is the duty of the gentleman to hmow what measures have 

been under discussion. [Laughter.] 

The question was taken on the motion of Mr. CUM1\1INGS; and there 

were-yeas 109, nays 115, not voting 64; as follows : 

YEA..S--109. 

.Aldrich, 

:Dacon, 

:HaJ:!;ley, 

:Baker, William H. 

:Bailon, 

:Banks, 

:Bayne, 

:Bicknell, 

:Blair, :Boyd, 

Bl'ewer, :Briggs, :Browne, 

Burchard, 

:Burdick, Calkins, 

Camp. 

Campbell, 

Chittenden, 

Claflin, 

Clark, Rush 

Cobb, 

Cole, Conjl;er, 

Cox, Jacob D. Cummings, 

Danford, 

Davis, Hoace. 

Deering, Denison, 

Dunnell, 

Dwight, Eames, 

Ellsworth, Evans, James L. 

Fort, 

Foster, Frye, Fuller, 

Garfield, 

Hale, Hamilton, 

Hanna, Hayes, Hazelton, Hendee, 

Henderson, Hiscock, 

Hubbell, 

Hunter, l'Iumphrey, 

Hungerford, 

Ittner, 

James, 

Jones, JohnS. 

Joyce, 

Keifer, 

E:e~~htley, 

Keuey, 

Killiriger, Lapham, Lathrop, Lindsey, Majors. 

Marsh, McCook, McKinley, Metcalfe, Mitchell, 

Monroe, Neal, 

Norcros:~ , 

Oliver, O'Neill, O>erton, Page, 

Patterson, G. W. 

Pollard, Pound, Price, 

Pn~. 

Ramey, Randolph, Reed, 

NAYS-115. 

Acklen, Culberson, 

Aiken, Cutler, 

Atkins, Davis, JosephJ. 

:Banning, Dean. 

:Bell, Dibrell, :Benedict, Durham, 

Blackburn, Eden, :Blowit, Elam, :Boone, Ellis, 

:Bouck, Evins. John H. 

:Bridges, Felton, :Bright, Fornev. :Bro~den, Franklin, BucKner, Garth, 

Cabell, Gau e, Caldwell, John W. Goode, 

Caldwell, W. P. Gunter, Candler, Hardenbergh, Carlisle, Harris, Henry R. 

Chalmers, Harris, John T. 

Clark, Al'\'ah A. Harrison, 

Clarke ofKentucky, Hat.cher, Clark of Missouri, Henkle, 

Collins, Henry, , Coek, Herbert, 

Covert, Hewitt, Abram S. 

Cox, Samuel S. Hewitt, G. ,V. Cravens, Hooker, 

Crittenden, Ron e, 

Htmton. 

Jones, Frank 

Kenna, 

Kimmel, Knapp, Knott, Lanilera, 

Ligon, 

Luttrell, · Lynde, Mackey, Maish, Manning, Martin, 

May bam, McMahon, 

Mills, Money, 

Morgan, Morrison , Morse, 

Muldrow, 

Patterson, T. M. . Phelps, Potter, 

Pridemore, 

Rea, 

Rea~. Reilly, 

NOT VOTIKG--64. 

:Bailey, 

Baker, JohnH. 

Beebe, Bisbee, Bland, :Blis , :Bragg, 

Brentano, Bundy, Butler, 

Cain, 

Cannon, 

Caswell, Clymer, 

Crapo, 

Davidson, · 

Dickey, 

Eickho~ 

EI:rett, 

Evans, I. Newton 

Ewing, 

F~ey, 

l'Teeman, Gardner, 

Gibson, 

Giddings, 

Glover, 

Harmer, 

Harris, Benj. W. 

Hart, 

Hartzell, 

Haskell, 

.Tones, James T. 

Jorgensen, 

Ketcham, 

Lockwood, 

Loring, McGowan, 

McKenzie, 

Muller, Peddie, Phillips, Powers, 

Rice, William W. ' Riddle, 

Roberts, 

Robert.son, 

·Robinson, G. D. 

Robinson, M.S. 

Ryan, 

Sampson, Sapp, Sexton, 

Shallenberger, 

Sinnickson, 

Smalls, 

Smith, A. Herr Starin, 

Stewart, 

Strait, Thompson, · Townsend, M. I. 

Van Vorhes, Wait, Ward, Watson, 

White, Harcy 

WW.te, Michael D. 

Wifliams, Andrew 

Williams, C. G. • Williams, Richard 

WiHits, Wren. 

Rice, Americus V 

Robbins, 

Ross. 

Sayle:, 

Scales, 

Slemons, 

Smith, William E. 

Sparks, 

Steele, Stephens, . Throckmorton, 

Townsend, Amos 

Townshend, R. W. 

Tucker, 

Turner, 

Turney, 

Vance, 

Waddell, 

Walker, Warner, 

Whitthorne, 

Wigginton, 

Williams. Jere N. 

Willis, AlbertS . Willis, Benj. A. 

Wood, 

Wright, 

Young, JohnS. 

Shelley, 

Singleton, Southard, 

Springer, 

Stenger. 

Stone, Joseph C. 

Stone, John W. 

Swann, Thornbnrgh, Tipton, 

Veeder, 

Walsh, 

Williams, James Wilson, 

Yeates, 

Young, Casey. 

So the amendment of Mr. CUMMINGS was not agreed to.· Dur~~e roll-call the following announcements were made: . Mr. TIN. My colleague, Mr. WILSON, who is necessarily .absent, is paired with the gentleman from Massachusetts, Mr. CRAPo. 

1\'lr. CARLISLE. My colleague, Mr. McKENZIE, is absent serving on a committee.of the House. 

Mr. HEWITT, of New York. The gentleman from Pennsylvania, 

Mr. CLYMER, is confined to his room by illness. 

Mr. :MAISH. My colleague, Mr. STENGER, is detained at his room by illness. 

Mr. HARTZELL. I am paired on all political questions with the 

:gentleman from Kansas, 1\Ir. PHILLIPS. 

Mr. ROBINSON, of Massachusetts. I am paired with 1rh'. ROBERTSON, of Louisiana. This seems to be made a party question, and 

therefore I shall decline to vote. 

Mr. STONE, of Iowa. I am paired with Mr. DA VIDSOX. 

Mr. RICE, of Massachusetts. I am paired with· Mr. FINLEY, of 

.Ohio. 

Vlll-37 

Mr. TIPTON. I am paired with my colleague, Mr. SPRINGER-;-

Mr. STONE, of Michigan. I am paired on all political questions 

with Mr. SHELLEY. If ,he were present, he would vote "no." 

Mr. ALDRICH. I am requested to announce that my colleague, 

Mr. BnE!>ITANO, who is absent by order of the House, would,' if present, 

vote in the affirmative. 

Mr. CASWELL. I am paired with my colieagoe, Mr. BRAGG, on all 

political questions. • Mr. CRAPO. I am paired with Mr. WILSON. 

Mr. BRIGHT moved by unanimous consent to dispense with . the 

reading of the names. Mr. WHITE, of Pennsylvania, objected. 

The vote was then announced as above recorded. 

The SPEAKER. The bill accordingly will be referred to the C•mmittee on the Post-Office and Post-Roads, and ordered to be printed. 

~"EW ORLEA...~S, TEXAS AND COLORADO RAILROAD. 

Mr. ELAM introduced a bill (H. R. No. 5987) granting the Eight of 

way to, and making a grant of land in aid of, the construction of the 

New Orleans, Texas and Colorado Railway; which wa read a first ~nd secend time, referred to the Committee on the Pacific Railroad, 

and ordered to be printed. 

E. D. WHEELER. 

Mr. RICE, of Ohio, introduced a bill (H. R. No. 5988) for the relief 

of E. D. Wheeler, late lieutenant United States Artillery; which was read a first and se·cond time, referred to the Committee on Military 

Affairs, and ordered to be printed. 

VIOLATION OF PENSION LAW. 

Mr. RICE, of Ohio, also (by request) introduced a bill (H. R. No. 

5989) to amend pension laws and punish claim agents for violations 

thereof; which was read a first and second time; referred to the Committee on Invalid Pensions, and ordered to be printed. 

FARAN &;; l\l1LEAN. 

Mr. SAYLER introduced a bill (H. R. No. 5990) foc the relief of Faran 

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

Committee of Ways and Means, and ordered to be printed. 

1\IRS. HAlii~AH S. COMMAGER. 

Mr. COX, of Ohio, introduced a bill (:a. R. No. 5991) granting a pension to Mrs. Hannah S. Commager, widow of Henry S. Coll)ma.ger, 

deceased, late lieutenant-colonel of the Sixty-seventh Ohio Volunteer 

Infantry; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

JOHN 1\lAN~G. 

Mr. McKINLEY introduced a bill (H. R. No. 5992) granting a pension to John Manning, of Salineville, Ohio; which was read a first 

and second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

FRAN,CIS 1\1. COX. 

Mr. McKINLEY also introduced a bill (H. R. No. 5993) granting a pension to Francis M. Cox, of New Waterford, Ohio; which was read a first and second time, referred to the Committee on Invalid Pensions, 

and ordered to be printed. 

HENRY 1\IARCOTTE. 

Mr. CARLISLE introduced a bill (H. R. No. 5994) for the relief of 

Henry Marcotte, late first lieutenant in the Seventeenth Regunent 

United States Infantry; which was read a first ·and second time, re- ferred to the Committee on Military Affairs, and ordered to be printed. 

CIRCUIT AND DISTRICT COURTS, KENTUCKY. 

Mr. CARLISLE also introduced a bill (H. R. No. 5995) to prescribe 

the times for holding the ,circuit and district courts of the United 

States in the distric-t of Kentucky; which was read a first and second 

time, referred to the Committee on the Judiciary, and ordered to be prin~ed. 

SUPERVISORS OF ELECTIONS, ETC. 

Mr. DURHAM introduced a bill (H. R. No. 5996) to repeal all laws 

in regard to the appointment and pay of supervisors of elections, 

and special marshals to aid them; which was read a first and second 

time, ;referred to the Committee on Expenditures in the Department 

of Justice, and ordered to be printed. . . 

SOMERSET BA.PTI.ST CHUR9H1 KENTUCKY. 

Mr. DURHAM also introduced a bill (H. R. No. 5997) for the benefit of the Somerset Baptist church, in Somerset, Kentucky, being for 

damages done said church during the late war; which was rean a first 

'Wld second time, referred ta the Committ~e on War Claims, and ordered 

to be printed. 

R. B. WILKINSON. 

Mr. DURHAM also introduced a bill (H. R. No. 5998) placing the name of R. B. Wilkinson, late of the Eighth Kentucky Cavalry, on the pension roll; which was read a first and second time, referred 

to the Committee on Invalid Pensions, and ordered to be printed. 

COLONEL SILAS ADAMS. 

Mr. DUR~I also introduced a bill (H. R. No. 5999) for the benefit of Colonel Silas Adams, late quartermaster of the First Kentucky Cavalry i~ the late war; which was read a first and second time, re- ferred to the Committee of Claims, and ordered to be pr~nted. 
_ :.:· .. . ,: - .. - ., .,. · _.-; , 

578 ..._ - -

CONGRESSIONAL RECORD-HOUSE. JANUARY 20, 

GEORGE W. WADDELL 

Mr.DURHA.MaJso introduced a bill (H.R.No.5960) granting a pension to George W. W a.ddell, of Company I, Second Kentucky Ca'\"'alry; 

which waa read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

CHARGES FOR PULLMAN CARS. 

Mr. TURNER introduced a bill (H. R. No. 6001) to regulate the 

charges for the use of Pullman palace cars and ot.her sleeping cats 

patented by the United States Government; which was read a first 

and second time, referred to the Committee on Commerce, and ordered 

to be print~d. 

UNITED ~TATES COURT L~ Th"DIAN TERRITORY. 

Mr. BOONE introduced a bill (H. R. No. 60~) to establish a United St~tes conrt in the Indian Territory; which was read a first and sec- ond time, referred to the Committee on the Judiciary, and ordered to 

be printed. ALA..."l'SON WILLLUIS. 

Mr. CALDWELL, of Kentucky, introduced a bill (H. R. No. 6003) 

granting a pension to Alanson Williams, of Cumberland County,~Kentucky; which was read a firf!t and second time, referred t9 the Committee on Invalid Pensions, and ordered to be printed. 

RED\IBURSEME.."1'T OF L"l'TEREST. 

Mr. KNOT!' introduced a bill (H. R. N ~. 6004) to reimburse the sev- eral States interest, and for other purposes; which was read a first 

and second time, referred to the Committee on the Judiciary, and 

ordered to be printed. 

SECTION 3221 OF REVISED STATUTES. 

Mr. WILLIS, of Kentucky, introduced a bill (H. R. No. 6005) to 

amend section 3221 of the Revised Statutes ; which was read a first 

and second time, referred to the Committee of Ways and Means, and 

ordered to be printed. F. STITZEL & BROTHER. 

Mr. WILLIS, of Kentucky, also introduced a bill (H. R. No. 6006) 

for the relief of F. Stitzel & Brother; which was read a first and sec- ond time, referred to the Co.mmi ttee of Ways and Means, and ordered 

to be. printed. 

JAl\IES HOPWOOD. 

Mr. WILLIS, of Kentucky, also introduced a. bill (H. R. No. 6007) 

for the relief of James Hopwood, of La Grange, Kentucky; which was read a. first and second time, refen'ed to the Committee of Claims, and 

ordered to be printed. 

HEIRS OF EDWARD- B. CLARK. 

Mr. WILLIS of Kentucky, also introduced a bill (H. R. No. 6008) 

for the relief of the heirs of Edward B. Clark; which was read a first 

and second time, referred to the Committee for the District of Columbia, and ordered to be printed. 

W. L. CAREY. 

Mr. WILLIS, of Kentuckj, also introduced a bill (H. R. No. 6009) 

for the relief of W. L. Carey, of Louisville, Kentucky; which was read a first and second time, referred to the Committee on War Claims, 

and ordered to be printed. 

AMENDMENT 'OF RULES. 

Mr. WHITI'HORNE. I submit the following resolution which I 

send to-the desk for reference to the Committee on Rules. . The Clerk read as follows : 

Resolved, That the rmles of this House be so amended that hereafter, upon expi- ration of the morni.pg hour on :Mondays, it shall be the regular order to proceed to bns:iness on the Sp~er's table for the purpose only of referrin~ bills, resolutionB, &e .• thereon without debate to the appropriate committees; and further th.at said 

rnles be so amended that from and after the first two weeks of any session it shall 

be the regular order of business to consider bills and resolutions upon the :public Calendar on each and every Tuesday of the succeeding weeks of the sess1on in 

Committee of the Whole on the state of the Union, or otherwise, as the Honse may determine, but-this rule shall not prevent the House by a majority vote-from pro- ceeding to the consideration of business on said Calend'ar on any other day or days of the session. 

The SPEAKER. The Chair has admitted this resolution because it 

is the practice of the House to admit resolutions for the amendment 

of the rules in the mornin,g hour of Monday and because this gives 

the one day's notice provided for in the .rule. 

The resolution was referred to the Oommittee on Rules. 

"\\'"TI.LIAM C. EASTO:N. 

Mr. WIDTI'HORNE also introduced a bill (H. R. No. 6010) for the 

relief of William C. Easton; which was read a first and second time, 

referred to the Committee of Claims, and ordered to be printed. 

TRADE AND MEXICA:N DOLLARS. 

Mr. BRIGHT introduced a bill (H. R. No. 6011) making the tradedollar a.nd the Mexican dollar a legal tender; which was read a first 

and second time, referred to the Committee on Coinage, Weights, and 

Measures, and ordered t<;> be printed. 

TOLLEY & EATON. 

Mr. BRIGHT also introduced a bill (H. R. No. 6012) .. for the relief 

of Tolley & Eaton, of Lynchbnrgh, Moore County, Tennessee; which was re'3.d a first and second time, referred to the Committee of Claims, 

and orJered to be printed. 

ASSISTANT ATTOR.~Y-GENHRAL FOR POST-QFFICE DEPARTMENT, 

Mr. CALDWELL, of Tennessee, introduced a. bill (H. R. No. 6013) 

to further regulate and define the duties and cempensa.tion of the 

assistant attorney-~eneral for the Post-Office Department, and for 

other purposes; wh1ch was read a fiist and second time, referred to 

the Committee on the Judiciary, and ordered to be printed. 

HENDERSON LADY. 

Mr. RANDOLPH introduced a bill (H. R. No. 6014) for the relief of 

Henderson Lady, of Medway, Greene County, Tennessee; which waa read a first and second time, referred to the Committee on Invalid 

Pensions, and ordered to be print~d. 

S. S. :\1, DOAK. 

Mr. RANDOLPH also introduced a bill (H. R. No. 6015) for the relief 

of S. S. M. Doak, surgeon Second North Carolina Mounted Infantry 

Volunteers; which was read a first and second timE.\, referred to the 

Committee of Claims, and ordered to be printed. 

:MARY A. C02-."KEN. 

Mr. RANDOLPH also introduced a bill (H. R. No. 6016) for the relief 

of Mary A. Cpnken, of Sullivan County, Tennessee; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

CHARLES W. PIPER. 

Mr. RANDOLPH also introduced a bill (H. R. No. 6017) for the relief 

of Charles W. Piper, of Tusculum; Greene County, Tennessee; which was read a first and second time, referred to the Committee on Invalid PensioDs, and ordered to be printed. 

MARY A. CONKEN. 

Mr. RANDOLPH also introduced a bill (H. R. No. 6<118) for the. 

relief of Mary .A.. Conken, of Sullivan County, Tennessee ; which was read a first and second time, referred to the Committee on Invalid 

Pensions, and ordered to be printed. 

GEORGE S. WILSON. 

,Mr. BICKNELL introduced a. bill (H. R. No. 6019) for the relief of 

Lieutenant George S. Wilson, of the Twelfth Regiment United States. 

Infantry; which was read a first and second time, referred to the Committee Qn Military .Affairs, and ordered to be printed. 

. JOHN' M. HENDERLIDER. 

- Mr. BICKNELL also introduced a bill (H. R. No. 60'20) for the relief 

of .John M. Henderlider, late second lieutenant in the Sixty-seventh 

Regiment Indiana Volunteers; which was read a .first and second 

time, referred to the Committee on Military Affairs, and ordered to. 

be printed. W. H. H. ADAMS. 

Mr. HUNTER introduced a bill (H. R. No. 60'21) granting a pension 

toW. H. H. Adams, of Monroe County, Indiana; which was read a. 

first and second time, referred to the Committee on Invalid Pensions,. 

and ordered to be printed. 

JO~ W. LI'ITLE. 

Mr. ROBINSON, of Indiana, introduced a bill (H. R. No. 6022) granting a pension to John W. Little; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered t() 

be printed. JEROME B. GERRARD. 

Mr. BROWNE introduced a bill (H. R. No. 6023) granting a pension -to .Jerome B; Gerrard, late assistant surgeon Thirty-fifth Regiment 

Indiana Volunteer Infantry; which was read a first and second time,. ref,~rred to the Committee on Invalid Pensions, and ordered to be 

printed. · NA...."'CY DA....~. 

Mr. WHITE, of Indiana, introduced a bill (H. R. No. 6024) for the 

relief of Nan,cy Dane; which was read a first and second time1 referred 

to the Committee on Invalid Pensions, and ordered to be pnnted. 

GEORGE. E. TIFFANY. 

Mr. WHITE, of Indiana, also introduced a bill (H. R. No. 6025) for 

the relief of George E. Tiffany; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. JOHN MILLE'IT. 

Mr. SEXTON introduced a bill (H. R. No. 6026) granting a pension 

to John Millett, of O~ood, Ripley County, Indiana; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

LAND LAWS FOR ALASKA. 

Mr. FULLER introduced a bill (H. R. No. 6027) for extending the 

land laws of the United States over the Territory of Alaska; which was read a first and second time, referred to the Committee on Public 

Lands, and ordered to be printed. 

Th"TEREST ON WAR LOANS. 

,.Mr. COBB introduced a bill (H. R. No. 6028) to reimbnrse the sev- eral States for interest paid on war loans, and for other purposes; 

which was read a first and second ame, referred to the Committee on the Judiciary, and ordered to be print~d. 

. 
1879. . CONGRESSIONAL· RECORD-HOUSE. 57'9 

JA.'fES MAHONEY. 

Mr. HAMILTON introduced. a bBI (H. R. No. 60'29) granting a pension to James Mahoney, of Huntington County; Indiana; which was read a first and second. time, referred t.o th~ Committee on Pensions, 

and ordered to be printed. 

JA..~S B. WHITE. • 

Mr. BAKER, of Indiana, introdn~ed a bill (H. R. No. 6030) appropriating the sum of $598.48 to reimburse James B. White, of Indiana, for internal-revenue stamps which he was wrongfully required 

to place on certain tobacco upon which the tax had been previously 

paid; which was read a first and second time, referred to the Committee of Ways and Means, and 01·dered to~ prmted. . 

WILLIA...'f H. WYM.A...."i. 

Mr. EDEN introduced a bill (H. R. No. 6031) granting a pension to 

William H. Wyman; which was read a first and second time, referred 

to the Committee on Inv~lid ~ensions, and or:dered to be printed. 

MRS. CATHARINE ODLA:U:. 

Mr. HARRISON introduced a bill (H. R. No. 6032) for the relief of . Mrs. Catharine Odla.m; which was read a first and second time, re- ferred to the Committee on War Claims, and ordered to be printed. 

LIABlLITY OF SIDP-MASTERS, ETC. 

Mr. ALDRICH introdnc:ed a bill (H. R. No. G033) to make ships, 

steamers, tug-boats, schooners, and vessels engaged in commerce and 

navigation between ports of different States. and also between ports 

of the United States and foreign ports~ liable for certain debts con- tracted by their owners, part owners, masters, clerk, steward, or other 

agent, and for other purposes; which was read a firstj.and second time, 

!.'~ferred to the Committee on Commerce, and ordered to be printed. "'i:""""' • _ RElliSSlON Ol? PENALTIES, ETC. . 

Mr. TOWNSHEND, of Illinois, (by request,) introduced a bill (H. R. 

No. 6034) to authorize the commissioners of the District of Columbia 

to remit certain charges, penalties, commissions, interest, and other 

expenses upon payment of the original amounts of the general and 

special ta.:tes and assessments recited in the act., within ninety days 

from and a.fter the passage of the act, and for other purposes; which was rood a first and second time, referred to the Committee for the 

Di yrict of Columbia, and ordered to be printed. 

JOSEPH H. CROW. 

Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. 6035) 

-granting ll pension to Joseph H. Crow; which was read a first and 

second time, referred to the Committee on Invalid Pensions, an'd 

ordered to be printed. WILL~I HA.i\ULL. 

Mr. TOWNSHEND, of Illinois, also introduced a bill (H. R. No. 60:l6) 

granting an increase of pension to William Hamill, late a sergeant 'Of 

Company E, One hundred and seventeenth Regiment Illinois Volun ... teers; which was read a first and second time, referred to the Com .. mittee on Invalid Pensions, and ordered to be printed. 

BLIND SOLDIERS Alm SAILORS. 

Mr. KNAPP introduced a bill (H. R. No. 6037) for the relief of soldiers and sailors becoming totally blind in the servioo of the .country; 

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

ORRIN L. SHIPPER. 

Mr. BOYD introduced a bill (H. R. No. 6038) granting a pension to 

Orrin L. Shipper; which was read a first and second time, referred 

to the Committee on Invalid Pensions, and ordered to be printed. 

CHARLOTTE T. CLARK. 

Mr. FORT introduced a bill (H. R. No. 6039) granting a pension to 

Charlotte T. Clark, widow of Bela T. Clark, soldier in the war of the 

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

Committee on Invalid Pensions, and ordered to be printed.' 

LIEUTE~ANT WILLIA:\I F. KENAGA. 

Mr. FORT also introduced a bill (H. R. No. 6040) granting a pension t.o Lieutenant William F. Kenaga; which was read a first and 

second time, referred to the Committee on 'Invalid Pensions, and 

ordered to be printed. 

WIDOWS AND ORPHA.t~S OF AIDIY OFFICERS. 

Mr. MARSH introduced a bill (H. R. No. 6041) for the protection 

of widows, orphans and heirs at law of officers of the Army of the 

United States; which was read a first and second time, referred to 

the Committee on Military Affairs, and ordered to be printed. 

COIN CERTIFICATES. 

Mr. BURCHARD introduced a bill (H. R. No. 6042) to authorize 

the issue of coin certificates in lieu of gold or silver certificat.as for deJ)OBits in the United States Treasury; which was read a first and sec- ond time, referred to the Committee of Ways and Means, and ordered 

to be printed. 

INDIAN RESERVATIONS. 

Mr~ LATHROP introduced a bill (H. R. No. 6043) authorizin:;r the 

Phmdent to prescribe suitable police regulations for the government 

<>f the various Indian reservations, and to.provide for the punishment 

of the crimes of murder, m~nslaughter, arson, rape, burglary and 

robbery upon the various Indian reservations; which was read~ first 

ancJ second time, referred to the Committee on the Judiciary and 

ordered to be printed. ' . ISAAC GEORGE. 

Mr. TIPTON introduced a bill (H. R. No. 6044) granting a pension 

to the minor. heirs of Isaac George, deceased; which was read a first 

and second trme, referred to the Committee on Invalid Pensions and 

ordered to be printed. ' 1 J, H. llERRILL. . 

:Mr. BUCKNER introduced a bill (H. R. No. 6045) for the relief of 

J. H. Merrill, of Washington, District of Columbia; which was read a first and second time,.referred to the Committee of Claims, and ordered 

to be pnnted. 

MISSOURI A..~D KANSAS RIVERS. 

Mr. FRANKLIN introduced a bill (H. R. No. 6046) for the improvement of the Missouri and Kansas Rivers at and near the junction of 

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

pommittee on Commerce, and ordered to be printed . 

OLIVER C. DE..~SLOW. 

. :Mr. PO~ARD introduced ~bill (H. R. ~o. 6047) granting a pen- swn to Oli7er C. Denslow; wh1ch was read a first and second time 

referred to the Committee on Invalid Pensions, n.nd ordered to b~ printed. · 

JO~EPH COLCLASIER. 

Mr. GUNTER (by request) introduced a bill (H. R. No. 6048) fer 

the relief of Joseph Colclasier, executor of the estate of Jacob Colclasier; which was read afirst and second time, referred to the Committee on War Claims, and ordered to be prin~. 

JA:UES SELDE.."i. 

Mr. GUNTER also introduced a bill (H. R. No. 6049) for the relief 

of James Selden ; which was read a first and second time, referred to 

the Committee on War Claims, and ordered to be printed. 

ENOS RAY. 

Mr. GUNTER also introduced a bill (H. R. No. 6050) for the relief 

of Enos Ray; which was read a first and second time, referred to the 

Committee on War Claims, and ordered to be prin~d. 

GEORGE L. ::\IACHE!'o.LIEIMER. 

ll:r. GUNTER also introduced a bill (H .. R. No. 6051) for the relief 

of the legal representatives of George L. Machenheimer; which was read a first and second time, referred to the Committee on War 

Claims, and ordered to be printed. 

HE.NRY llARTIN. I 

Mr, GUNTER also introduced a bill (H. R. No. 6052) for the relief 

of Benry Martin ; which was read ~ first and second time, referred to 

the Committee on War Claims, and OJdered to be printed. 

JOHN H. M'CHES:m!jY. 

:Mr. GUNTER also introduced a bill (H. R. No. 6053) for the relief 

of John H. McChesney; which was read a first and second time, re- fex:red to the Committee on War Claims, and ordered to be printed .. 

JA..~S 1\IULLOY. 

Mr. GUNTER also introduced a bill (H. R. No. 6054) for the relief 

of James Mulloy; which was read a first and second time, referred 

to tho Committee on War Clai[J).S, and ordered to be printed. 

WAR CLAIMS. 

Mr. GUNTER also introduced a bill (H. R. No. 6055) to carry into 

effect the finding of the Army board convened under .s~oial order 

No. 228 of Department at Washington, dated September 13,1864, and 

for other purposes; which was read a first and second time, referred 

to the Committee on War Claims, and ordered to be printed. 

WJhTE, BLACK A...''D SADIT F~CIS RIVERS IN ARKANSAS. 

Mr. GAUSE introduced a bill (H. R. No. 6056) to improve the White, 

Black and Saint Francis Rivers in Arkansas; which was read a first 

and second time, referrecl to the Committee on Commerce, and or- dered to be printed. W. B. JO~TES A..llffi OTHERS. 

lli. SLEMO~S introduced a bill (H. R. No. 6057) for the relief of 

Maximillian Cook, S. H. Dunaway and ·william B. Jones, of the State 

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

Committee on the. Judiciary, and ordered to be printed. 

ARKANSAS RIVER. 

Mr. SLEMONS also introduced a bill (H. R. No. 6058) making an appropriation for the improvement of the channel of the Arkansas 

River at Pine Bluff, in the State of Arkansas, and for other purposes ; 

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

AG~S N. :MILES. 

Mr. CRAVENS introduced a bill (H. R. No. 605~) to grant a pension . to Agnes N. Miles, of Fort Smith, Arkansas; which was read a first ; 

and second time, referred to the Committee on Invalid Pensions, and : ordered· to be printed. 

A...'l\fE..~D:MENT OF REVISED STATUTES. 

Mr. CRAVENS also introduced a bill (H. R. No. 6060) amendator:r 
580 , ·coNG:gEssroNAL RECORD-HOUSE. JANUARY 20, 

of section 3469 of the Revised Statutes of the United States; which 

-wasTead a first and second time, referred to.the Committee on.the 

Judiciary, and ordered to•be printed. 

BEACON-LIGHT, SAINT MARY'S RIVER, LAKE HURON. 

Mr. HUBBELL i.Iitroduced a bill. (H. R. No. 6061) ma1.."ing au appropriation for a beacon-light on Frying-Pan Island, at the mouth of 

Saint Mary's River, Lake Huron; which was read a first and second 

time, referred to the Committee on Commerce, and ordered to be 

printed. 

LIGHT-HOUSE, SQUAW ISLAND, LAKE HURON. 

:Mr. HUBBELL also introduced a bill (H. R. No. 6062) making appropriation for' the erection of a light-house on Squaw Island, Lake 

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

Committee on Commerce, and ordered to be printed. 

ALONZO WHITE. 

Mr. HUBBELL also introduced a bill (H. R. No. 6063) grantin~ a pension. to Alonzo White, of Chase, Lake County; Michigan; which was read a first and second time, referred to the Committee on Invalid Pension~a, and ordered to be printed. 

FREDEIU;CK C. DUNKER. 

_ M1·. BREWER introduced a bill (H. R. No. 6064) granting a pension 

to Frederick C. Dunker, late a private in Company E, Eighth New 

Jersey Volunteers; which was read: a first and second time, referred 

to the Committee on Invalid Pensions, and ordered to be printed. 

WELLINGTON V. HEUSTED. 

Mr. BREWER also introduced a bill (H. R. No. 6065) granting a. pension to Wellington V. Heusted, captain of Third 1\fichigan Cavalry; 

which was read a first and second time, referred to the Committee on Invalid Pl3nsions, and ordered to be printed. 

AMENDMENT OF REVISED STATUTES. 

Mr. BREWER also introduced a bill (H. R. No. 6066) to repeal sec- tions 4771,4772, and4773of the Revised Statutes of the United States, 

and to add a. new section thereto; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. 

WILLIA.l\1 R. MORSE. 

Mr. BREWER also introduced a bill (H. R. No. 6067) for the relief 

of William R. Morse, of Flint, Michigan; which was read a first and 

aecond time, referred to the Committee on Military Affairs, and ordered 

to be printed. PROTECTION OF LIFE DURING l\IARTh'E DISASTERS. 

1\Ir. REAGAN (by request) introduced a bill (H. R. No. 6068) for 

the better protection of life during marine disasters; which was read a first and second time, 1·eferred to the Committee on Commerce, and 

ordered to be printed. 

IMPROVEMENT OF GALVESTON HARBOR, TEXAS. 

Mr. CULBERSO]i (for. Mr. GIDDINGS, absent by order of the.House) 

introduced a bill (H. R. No.·6069) making an appropriation 1for con- . tinning the work-upon the bar at the entrance of Galveston Harbor, ·Texas ; wnich was read a first and ~cond time, referred to the Committee on Commerce, and ordered to be printed. 

l!ENSIONS. 

Mr. CUMMINGS introduced a bill (H. R. No. 6070) to carry into 

effect the act entitled "An act to provide that all pensions on account 

of death or woanda received or disease contracted in the service of 

the United States during the late war of the rebellion, which have 

been granted or which shall hereafter be granted, shall commence from the date of death or discharge from the service of the United 

States; for the payment of arrears of pensions, and for other purposes," approved January 25,..1879; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

be printed. HENRYS. MORGAN. 

Mr. DEERING introduced a bill (H. R. No. 6071) granting a pension to Henry S. Morgan, of Fredericksburg, Chickasaw County, 

Iowa; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

PENSIONS TO lOW A SOLDIERS. 

Mr. CLARK, of Iowa., introduced a bill (H. R. No. 6072) granting 

pensions to the surviving officers and members of the Thirty-seventh 

Regiment of Iowa Volunteer Infantry, known as the "Gray-beards;" 

which was read a first and second time, referred to the Committee on lnvalicl Pe~sions, and ordered to. be printed. 

EPHRAIM D. CANNON. . 

Mr. OLIVER introduced a bill (H. R. No. 6073) authorizing and directing tl1e Secret:uy of the Interior to place the name of Ephraim 

D. Cannon on the peqsion-roll; which was .read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

lJe printed. GBEGORIAN CALENDAR. 

Mr. OLmR also (by request),introduced a bill (H. R .. No. 6074) to 

refQrm the Gregorian Calendar and to establish a uniform measure of time; which was read a•ftrst and second time, referred to the Committee on Coinage, Weights, nnd Measures, and ordered to be prihtecl. 

PETER BEAVER. 

Mr. CASWELL introduced a bill (H. R. No. 6075) granting a pension to Peter Beaver; which was read a first and second time, referred 

to the Comm_!ttee on Invalid Pensions, and ordered to be printed. 

SARAH B. TOPPL.~G. 

Mt. WILLIAMS, of Wisconsin, (by request,) intToduced a bill (H. 

R. No. 6076) for the relief Sarah B. Topping; which was read a first 

and second time, referred to the Committee for the District of Columbia, aud ordered to be printed. 

DANillL CORI~~o~LL. 

· Mr . BOUCK introdu~ed a bill (H. R. No. 60i7) granting a pension 

to Daniel Cornwell, of. Plainfield, Wisconsin; which was read a first 

and second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. 

l\IESSAGE FROli TH:Ij: PRESIDE~T. 

A message in writing, from the President of the United States, was presented by 1\Ir. PRUDE:X, one of his secretaries, who also announced 

that the President had approved and signed the bill (H. R. No. 5503) 

to remove the political disabilities of James Chesnut, of South Carolina. . DISTRICT OF COLUMBIA BUSINESS. 

The SPEAKER. The hour of two o'clock having arri•ed, the Chair 

recognizes the gentleman from Kentucky, [1\Ir. BLACKBURN,] chair- man of the Committee for the District of COlumbia. · Mr. LUTTRELL. I ask by unanimous consent that the call of 

States and Territories for the introduction of bills and jofnt resolutions be concluted. Members have been waiting here for weeks to 

introduce bills for reference. 

Mr. BLACKBURN. I have no desire to prevent the completion of 

the call of the States if that be the desire of the House. · · The SPEAKER. The Chair will cause the rule to be.read. 

Mr. BLACKBURN. I know the rule is imperative. 

Mr. DlTh"'NE.LL. I ask bv unanimous consent that the call be com- pleted. v 

The SPEAKER. The Clerk will read Rnle 82. 

The Clerk read as follows: 

The third Monday of each month, from the hour of two o'clock p. m. until the 

adjournment of that day, shall, when claimed by the Committee for the District of 

Columbia, be devoted exclusively to business reported from said committee; and 

said committee shall henceforth be omitted by the Speaker in the regular call of 

committees. 

The SPEAKER. The House will observe the rule says "when 

claimed," and the Chair understands the gentleman from Kentucky 

does not malfe the claim on behalf of that committee, provided unan- imous consen"t of the House be given to complete the call of States 

and Territories for bills and joint resolutions for reference. · Mr. BLACKBURN. Leaving me with· my rights on behalf of the 

committee to claim the floor ! · The. SPEAKER. The Chair will see the gentleman is protected in 

his rights. · · Mr. GARFIELD. Is any other business in order except that of the 

District of Columbia ' 

The SPEAKER. The Chair is not advised whether the gentleiJlan 

from Kentucky; after the States have been called under the usual 

morning hour of Monday, will decline to yield further o::~; not. 

Mr. GARFIELD. I should like to know that. I should like to 

have an answer to that question before we proce~d further. 

Mr. BLACKBURN. I will answer the gentle~an's '.question if he 

he will state it. · Mr. GARFIELD. Do you intend to take the day on the business 

of the District of Columbia, or do you expect to give way for othel 

businesst 

Mr. BLACKBURN. No, sir; I simply stated if it be the desire of 

the House to go through with the call of States and Territories fm 

the introduction of bills and joint resolutions for reference, I v¢11 offer no objection provided at the conclusion of that call the District of 

Columbia Committee is left with all its ri~hts unimpaired .. Mr. GARFIELD. What I ask the gentleman is this: does he ex- pect to occupy the whole day, or to yield to other ~Ju;iness f . Mr. BLACKBURN. The Committee for the :D s~1Jt of Columbia. 

intend to use the day so long as the House will :.ti~w in the proSi.. 

cution of that business. 

The SPEAKER. It can only be interrupted b~, a motion to adjourn 

Mr. GARFIELD. That is all I wish to kno~ . 

WILLIA.l\1 W. BffiD. 

Mr. LYNDE introduced a bill (H. R. No. f)t'.(/8) for the relief o ... •William ,V, Bird, of the First Wisconsin Volunucers; which was rea(. a first and second time, referred to the Com u.letee on Invalid Pensions, and ordered to be print-ed. 

JAMES P. GARLICK. 

Mr. LYNDE also introduced a bill (H. R. No. 6079) granting a pension to James P. Garlick, of the First Wisconsin Volunteers; which. was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

RICHARD C. DURYEA. 

Mr. COVERT iatroduced a bill (H. R. No. 6080) for the relief of 

Richard· C. Duryea, late a captain of the First' Regiment of Artillery 
.. 1879. CONGRESSIONAL RECORD-HOUSE. 581 ' 

t United Ejtates Army; which was read a. first and second time, referred money for the improvement of the Missouri River between Yankton 

to the Committee on Military Affairs, and ordered to be printed. and Sioux City, in the Territory of Dakota; which waa read a first 

PUBLIC LA.L~DS, CALIFOH~IA. 

:Mr. WIGGINTON introdu.ced a. bill (H.R. No. 6091) to grant to the 

State of California 5 per cent. of tho net proceeds of the sales of the 

public lands situate within said State ; ·which was read a first and 

second time, referrecl to the Committee on Public Lands, and ordered 

tQ be printed. . · 

GRANTS TO SOUTHER...~ PACU'IC RAILROAD. 

Mr. WIGGINTON also introduced a.joiut resolution (H. R. No. 218) 

to inquire into and define the acts of July 2i, 1866, and June 28, 1870, 

granting lands to the Southern Pacific Railroad Company of California·; which was read a first and second time, referred to the Committee on the Judiciary, aud ordered to be printed. 

HARBOR AT l'Ril-iTI>ADt CALIFO~'IA. 

~Ir. LUTTRELL introduced a bill (H. R. No. 6082) to appropriate 

money for the improvement of the harbor at Trinidad, California; 

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

STATE UNIVERSITY OF CALIFORNIA. 

Mr. DAVIS, of California, introduced a bill (H. R. No. 6083) for the 

relief of the State University of California; which was read a :first 

and second time, referred to the Committee on Public Lands, and 

ordered to be printed. 

PRE-EMPTIO:N OF PUBLIC LA.L~S. 

~Ir. DUNNELL introduced a bill (H. R. No. 6084) to repeal all acts 

and parts of acts relative to the pre-emption of the public lands of 

the United States; which was read a :first and second time, referred 

to the Committee on Public Lands, and ordered to be printed. 

WILLIA..."\I BARNHARD. 

Mr. DUNNELL also introduced a bill (H. R. No. 6085) granting a pension to William Barnhard ; which was read a :first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

oo printed. JOSEPH P. WILSO:N. 

Mr. DUNNELL also introduced a bill (H. R. No. 6086) for the relief 

of Joseph P. Wilson; which was read a :first and second time, referred 

to the Committee on Revolutionary Pensions, a~d ordere~ to lle printed. 

TL"\IBER Llli'DS OF U~ITED STATES. 

:Mr. DUNNELL also introduced a bill (H. R. No. 6087) to regulate 

the survey and sale of the timber lands of the United States; which was read a :first and second time, referred to the Committee on Public 

Lands, and ordered tO be printed. 

PUBLIC LANDS WITIDN RAILROAD LDIITS. 

Mr. STRAIT introduced a bill (H. R. No. 6088) to reduce the price 

of public lands within railroad limits; which was read a :first and 

second time, referred to the Committee on Public Lands, and ordered 

to be printed. PATRICK RYA...~. 

Mr. STEW ART introduced a bill (H. R. No. 6089) granting a pension to Patrick Ryan; which was read a :first and second time, re- ferred to the Committee on Invalid Pensions, and ordered to .be 

printed. . 

ISABELLA FAG:NAUD. 

:Mr. STE\V ART also introduced a bill (H. R. No. 6090) for the relief 

of Isabella Fagnauu; which was read a first and second time, referred 

to the Committee on Public Lands, and ordered to be printed. 

COLUMBIA RIVER CA...~AL. 

Mr. WILLIAMS, of Oregon, introduced a bill (H. R. ffo. 6091) 

making an appropriation for the survey and for plans a,ncl specifications for the constru_ption of a canal and locks at The Dalles of the 

Columbia River, in the State of Oregon; which was read a. :first and 

second time, referred to the Comz¢ttee on Commerce, and ordered to 

be printec:l. ISUC PATCH. 

Mr. RYAN introduced a bill (H. R. No. 6092) for the relief of Isaac 

Patch, late private in Company B, Eighty-sixth Regiment Illinois 

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

Committee on Military Affairs, and ordered to be printed. 

JA.j\IES F. ZEDIKER. 

Mr. MAJORS introduced a bill (H. R. No. 609~) granting an increased pension to James F. Zediker, late a captain in the Twelfth 

Regiment Iowa Infantry Volunteers; which was read a first and sec- ond time, referred to the Committee on Invalid Pensions, and ordered 

to be printed. . · GOVE&"'O~'T OF DAKOTA. 

Mr. KIDDER introduced a bill (H. R. No. 6094) to amend the act 

entitled "An act to provide a temporary government for the Territory 

of Dakota," approved March~' H:l61; which was read a first and sec- ond time, referred to the Committ-ee on the Territories, ancl ordered to 

be printed. 

DIPROVE::\IENT OF THE ~OSSOCRI RIVER. 

Mr. KIDDER also introduced a bill (H. R. No. 6095) to appropriate 

and second time, referred to the Committee on Commerce, andordered 

to be printed. · 

EXPENSES OF INDIA...~ HOSTILITIES ~ 1878. 

l\Ir •. FENN introduced a bill (H. R. No. 6096) creating a commission 

to examine and report on the expenses of the ~tate of Oregon and the 

Territories of Idaho and Washington, or the citizens-thereof, neces- sarily incurred in the suppression of Indian hostilities in the year 

1878; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

MILITARY ROADS IN IDAHO. 

1tlr. FENN also introduced a bill (H. R. No. 6097) making an appropriation for military roads in the Territory of Idaho; which was read a first and second time, referred to the Committee on Military Affairs, 

and ordered to be printed. · 

MILITARY POST. 

Mr. FENN also introduced a bill (H. R. No. 6098) providing for a military post in Lemhi Valley, Idaho Territory; which was read a :first and second time, referred to the Committoo on Military Affairs, 

and ordered to be printed. 

OPENING OF COLUMBIA RIVER. 

Mr. FENN also intiroduced a bill (H. R. No. 6099) opening the Columbia.. River to free navigation; which was read a first and second 

time, referred to the Committee on Rarlroads and Canals, and ordered 

to be printed. 

CYNTHIA V. OLIVER. 

Mr. CLARK, of Missouri, introduced a bill (H. R. No. 6100) granting a pension to Cynthia V. Oliver, widow of Samuel Oliver, a soldier 

of the war of 1812; which was read a :first and second time, referred 

to the Committee on Revolutionary Pensions, and ordered to be 

printed., AMENDMENT OF REVISED STATUTES •. 

Mr. LIGON introduced· a bill (H. R. No. 6101•) to amend section 1022 

of the Revised Statutes of the Uni~d St.ates in relation to offenses 

against the elective franchise; which was read· a :first and second 

time, referred to the Committee on the Judiciary, and orde_red to be 

printed. CHARLES CLINTO~. 

Mr. GIBSON introduced a bill (H. R. No. 6102) for the 1·elief of 

Charles Clinton, of New Orleans, late assistant treasurer at New 

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

Committee of Ways and Means, and ordered to be printed. 

BENJAMIN JOH...~SON. 

Mr. EWING introduced a bill (H. R. No. 6103) granting a pension 

to Benjamin Johnson, of New Lexington, Ohio; which was read a first and second time, referred to the Committee on Invalid Pensions, . and ordered to be printed. . 

THEODORE W. TALI:.MADGE. 

Mr. EWING also introduced a bill (H. R. No. 6104) for the relief of 

Theodore W. Tallmadge; which was read a :first and second time, re- ferred to the Committee on Private Land Claims, and ordered to be 

printed. ISAAC RENN. 

Mr. MARTIN introduced a. bill (H. R. No. 6105) for the relief of 

Isaac Renn, of Frederick County, Maryland; which was read a :first 

and second time, :referred to the Committee on War Claims, and 

ordered to be printed. JACOB D. ~AVEY. 

l\Ir. MARTIN also introduced a bill (H. R. No. 616().) for the relief 

of Jacob D. Eavey; which was read a :first and second time, referred 

to the Committee on War Claims, and ordered to be printed. 

ABRA.c\I GRIM. 

Mr. MARTIN also introduced a bill (H. R. No. 6107) for the relief 

of Abram Grim, executor of the estate of Jacob Grim, late of Washington County, Maryland; which was read a first and second time, . referred to the Cominittee on War Claims, and ordered to be printed. 

ESTATE OF JULIA.~A BARRY. 

1\Ir. MARTIN also introduced a bill (H. R. No. 6108) for the relief 

of the estate of Juliana Barry; which was read a first and second 

time, referred to the Committee on War Claims, and ordered to be 

printed. WILLLUI W. WE:N~~. 

Mr. MARTIN also introduced a bill (H. R. No. 6109) for the relief 

of William W. Wenner, executor of the estate of Joseph Waltman; 

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

illCHAEL BARTHOLOW. 

Mr. :MARTIN also introduced a. bill (H. R. No. 6110) for the relief 

of Michael Bartholow, of Washin~n County, Maryland; which was read a first and second time, referred to the Committee on War 

Claims, and ordered to be printed. . · 
582 CONGRESSIONAL RECORD-HOUSE. JANUARY . 20, 

CHARLES W. HOFFMAN. 

Mr. MARTIN also introduced a bill (H. R. No. 6111) for the relief 

of Charles W. Hoffman, executor of the estate of William C. Hoffman, of Frederick County, Mary~and; which was. read a first and 

second 1 i me, referred to the Comnnttee on War Cl::nms, and ordered 

to be printed. AG~'ES RADELBERGER. 

Mr. REILLY introduced a bill (H. R. No. 6112) granting a pension 

to Agnes Radelberge:ri· whi~h was ~ead p. first and second timer referred 

to the Committee on avalid Pens10ns, and ordered to be pnnted. 

MRS. MARY ?ri'ELROY. 

Mr. REILLY also ilitroduced a bill (H. R. No. 6113) granting a pension to Mrs. Mary McElroy; which was read a first and second 

time, referred to the Committee on Invalid Pensions, and ordered to 

beprinted. · THOMAS H. LA WRE~CE. 

Mr. LAPHAM introduced a bill (H.R. No.6114) toreinstate.!fhomas 

H. Lawrence as a third lieutenant in the United States revenue marine· which was read a first and second time, referred to the Committee :m Commerce, and· ordered to be printed. · 

WIDOW OF WILLIAM BURR. 

Mr. METCALFE introduced a bill (H. R. No. 6115) granting a pension to Louisa. Burr, widow of the late William Burr, first lieutenant 

Eighty-sixth Indiana Volunteer In~ try ; which. was :re~d a first and 

second time, referred to the Comm1ttee on Invalid Pens10ns, and or- dered to be printed. ROBERT CHEATHAM. 

Mr. VAN VORHES introduced a bill (H. R. No. 6116) granting a pension to Robert Cheatham, late a private in the First Minnesota 

Battery· which was read a first and second time, referred to the Committee o~ Invalid Pensions, and ordered to be pr~ted. 

.SALE OJ!' INTOXICATING LIQUORS IN THE DISTRICT OF COLUMBIA. 

Mr. ELLSW.ORTH introduced a bill (H .. R. No. 6117) to prohibit the 

sale of intoxicating and malt liquors in the District of Columbia on the Sabbath day ; which was read a first and sec,ond time, refe~ed to 

the Committee for the District of Columbia, and ordered to be prmted, 

INTOXICATING LIQUORS IN UNITED STATES CAPITOL. 

Mr. ELLSWORTH also introduced a bill (H. R. No. 6118) to suppress the sale of intoxicating or malt liquors in the Capitol of the 

United States or "On the public grounds adjacent thereto; which was read a first and second time, referred to the Committee on Public Buildings and Grounds, and ordered to be printed. ' 

ORDER OF BUSlli'ESS. 

Mr. REAGAN. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. REAGAN . . Under the rule in relation to the morning hour of 

!-!onday I hold that I have the right to introduce a simple House reso- lution for reference. That rule says "All the States and Territories 

shall be called for bills on leave and resolutions every Monday during 

each seSSlon "of' Congress," &c. 

The SPEAKER. If the full hour is not occupied on Monday for 

the ihtroduction of bills, then the introduction of resolutions, either 

House o:r concurrent, is in order. 

Mr. REAGAN. The rule says that the hour shall be for tho introduction of bills and resolutions. . The SPEAKER. Yes; but if the entire hour is occupied by the 

introduction of bills there is no time for the introduction of House or concurrent resolutions. The Chair has always been ready on any 

day to ask leave for gentlemen· to offer such resolutions, because, as t-he 

Chair "thinks there is really an omission in the rules in that respect. 

Mr. REAGAN. The rule says "bills and resolutions;" and I now ask leave to introduce a resolution for reference. 

Mr. SAYLER. If the gentleman will ~ad the latter part of the 

rule he will find that under the regular call it is.limited to joint reso- lutions. As the Chair has stated, there is no provision for the introduction of simple resolutions. 

The SPEAKER. The decision of the Chair is in exact harmony 

with all the decisions of prior Speakers upon this subject. The Chair 

has uniformly sought to secure unanimous consent to any member 

who has a House resolution to offer. 

COAST GEODETIC SURVEY . 

MI.:. REAGAN. By instruction of the Committee on Commerce I 

ask consent to introduce a resolution for reference to the Committee on Printing, to provide for the printing of extra copies of the Coast 

Geodetic Survey of 1878. · There was no objection; and the resolution was received and re- ferred accordingly. . PROFESSOR H A.YDE-.'11

8 1\lAP. 

Mr. HUMPHREY, by unanimous consent, submitted a resolution 

providing for the publication of Professor Hayden's map, to be sold 

at cost and 10 per cent. additional; which was referred to the Committee on.Printing. MINERAL LAND LA W"S. 

Mr. MAGINNIS introduced a bill (H. R. Ko. 6119) to amend t he 

minernlland laws; which was read a first and second time, referred 

to the Committee on Mines and Mining, and ordered t.o be printed. 

PROTECTION OF MO~ANA FRONTIERS. 

blr.MAGINNIS also introduced a bill (H. R. No. 6120) to provide 

for the protection of Southern and Southwestern Montana against 

hostile Indians; which was read a first and second time, referred to 

the Committee on Military Affairs, and ordered to be printed. • 

MAJOR O'BRIEN. 

Mr. DffiRELL introduced a bill (H. R. No. 6121) grantincr arrears of pension to the widow of Major O'Brien; which was read a first 

and second time, referred to the Committee on Invalid Pensions, and 

ordered to be printed. · DAVID L. PAYNE. 

Mr. RYAN introduced a bill (H. R. No; 61.2-2) grantin~ a pension to 

Captain David L. Payne, late of the Nineteenth Regtment Kansas 

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

Committee on Invalid· Pensions, and ordered to be printed. 

WHEELER'S GEOLOGICAL REPORT. 

Mr: MORSE, by unanimous consent, submitted a concurrent reso- 1ution directing the printing of additional copies of Wheeler's Geological Report; which was referred to the Committee on Printing. 

WILLIAM SCliUCHARDT. 

Mr. BRIDGES introduced a bill (H. R. No. 6123) for the relief of 

William Schuchardt, United States commercial agent at Piedras Negres·, Mexico; which was r~ferred to the Committee on Foreign Affairs. 

ORDER OF BUSINESS. 

The SPEAKER. The call of States and Territories for the introduction of bills and joint resolutions has now been concluded. This 

being the third Monday of the month, from two o'clock of to-day the 

Committee for the District of Columbia is entitled to the floor for 

the consideration of business from that committee, aud the gentle- man from Kentucky [Mr. BLACKBURN] is entitled to the .floor. 

CIPHER DIEI'"ATCHES. 

Mr. POTTER. I. ask the gentleman from Kentucky [Mr. BLACKBURN] rto yield to me to offer a resolution for an investigation into 

the alleged cipher dispatches. · Mr. BLACKBURN. Will it provoke discussion or not ' 

Mr. POTTER. I did desire myself to say a few words, and some other gentlemen have a like desire. Bu.t if the resolution is offered now I will understand that it must b6 adopted without discussion. ~. BLACKBURN. I am willing to yield to the gentleman from New York [l'tlr. PoTTER] for the purpose indicated, with the understanding that after his resoluti?n shall have ~ee1:1 dispose~ of I shall 

ao-ain take the floor for·the busmess of the District Comuuttee. 0

1'tlr. BUTLER. I must object to the introduction of the resolution now, unless there can be some debate upon it. · Mr. POTTER. I desire myself to say but a few words. I understand 

that the gentleman from Massachusetts [Mr. BUTLER] does not intend 

to say more than a few words, and the gentleman from Maine [Mr. HALE] has notified me that if there is an:y discussion upon t~e su~­

ject he would desire to be heard a few mmutes. Altogether 1t will 

probably take not more than an hour. I therefore would suggest that 

to-morrow, after the reading of the Journal, I be allowed to introduce 

the resolution, and that there be an hour's debate upon it. 

The SPEAKER. That will require unanimous consent. 

Mr. HALE. I hope there will be no objection to that. . . Mr. TOWNSEND, of New York. Let the resolution-be r6'ad so that we may know what it is. 

Mr. BUCKNER. Will that interfere with the regular morning 

hour! 

The SPEAKER. The morning hour wj.ll come up immedilltely after 

the resolution is disposed of. 

The resolution was read, as follows : Whereas certain alleged telegrams in cipher have been published, indicating that attempts were made a..~er the presidential election of 1876 tA> influence by 

money or other :fl"'.mdnlent methods the vote of electors or the action of canvassing 

boards in the Smtes of Florida, l?onth Carol.ina:, and 9re~on; Therefore, B e it r esolved That the cozmmttee upon the mvestigati.ofi of the electoral frauds, &c. bedirected 'to inquire into the-same (and into any other matter connected with ·the'said election which in their jndgmentmaybe proper) and that they have power tA> send for persons and papers and to sit during the sessions of the Honse, with 

leave to report at any time. And that there be paid by the Clerk of the Honse to the Sergeant-at-Arms out of t)le contingent fund of the Hons~ the. sum of $10,0.00 

for the purpo es of the committee, to be 6XJ?ended under the direction of t he chrur- man of the committee or of any subcmmmtt.ee; and that he make report to the Honse of the manner in which the same has been expended. which r eport, n 

examined and approved by the Committee of Accounts, shall be deemed a satis- factory accountability on his part of the same; and that any nne~ended b~ce 

remailling in his hands be deposited in the Treasury to the credit of the Dll.Scel- hneous items of tho contingen t fund of the House. 

The SPEAKER. The gentleman. from New Yor~ [Mr. PoTrE~] 

asks unanimous consent that he may have opporturuty to report t~ 

resolution for consideration to-morrow, immediately after the reading of the Journal. Is there objection '? \ 

Mr. HALE. I hope there will be no objection. 

Mr. BURCHARD. We understand that this resolution refers to the 

" cipher dispatches," although it does not say so. i ! .:. 

The SPEAKER. The Chair thinks that if the gentleiUn had ritttened carefully to the reading of the resolution he would haTe observed 

t hat the dispatches are so designated. 

. 

• 

, 
. 

1879. QONGRESSIONAL RECORD-HOU.SE. 583 

1\lr. CONGER. Can we not pass the resolution now under a suspension of tlie rules t . The SPEAKER. The difficulty is that the Chair could not entertain a motion to suspend the rules while there is already a proposition pending under that order. · If the regular order is proceeded 

with, the gentleman from Pennsylvania [Mr. WRIGHT] would be en- titled to the floor on a, motion to suspend the rules. The Chair does 

not understand that the chairman of the Committee for the. District 

of Columbia yields the floor except for action by unanimous consent. 

Mr. CONGER. I dislike to have the delay of a single day in acting on this resolution. [Laughter.] ~11·. POTTER. I wish, then, that the gentleman from Michigan 

would get the objection on the other side of the Honse withdrawn. 

The SPEAKER. The Chair hears no objection, to the latter proposition of the gentleman from New York [Mr. POTI'ER] and therequest is a~d to. . The chairman of the Committee for the District 

of Colum oia is now .recognized. 

EXPENSES OF COl\UIITTEE INVESTIGATIONS. 

Mr. KNOTT. I ask my colleague [Mr. BLACKBUR...~) to yield to me that I may make a privileged report from the Comm1tte.e on the Ju- ·diciary, which will not take five minutes. The Committee on the 

..Judiciary was charged to carry on two investigations and to make 

report at any time. They find, however, that there is no fund set 

apart to pay their expenses. They ask that by the adoption of the 

-resolution· I now desire to submit provision may be made for the payment of· these expenses. The SPEAKER. The Chair has no objection to the reporting of 

this resolution if members of the Housd have not. .The gentleman 

from Kentucky [Mr. BLACKBURN] does not claim the floor, and therefore the Chair recognizes his coJleague [Mr. KNOTT] to make this 

Yeport. !-'Ir. BLACKBURN. I desire to have it understood that so far as the Committee for the District of Columbia are concerned, I will 

yield to no further requests for the postponement of their business. 

The Clerk read the resolutions reported hy Mr. KNoTT from the 

J"ndiciary Committee, as follows: 

Resolved, That in order to defray the necessary expenses incident to the investi· 

ll3tions ordered to be made by the Judiciary Committee under resolutions of the 

House of December 13, 1878, and of Jan nary 7, 1879, the Clerk of the House be, and 

he is hereby, directed, with the approval of the Committee of Accounts, to pay out .of the contingent fund to the Sergeant-at-Arms of the House such sums as the .chairman of the Judiciary Committee or the chairman of a subcommittee thereof ~hall from time to time, in writing, direct. . Resolved, That any sums which may be received by the Sergeant-at-Arms under 

the foregoing resolution shall be by him disbursed on vouchers approved by the 

.chairman of the Judiciary Committee or by the chairman of a subcommittee thereof; 

and any unexpended balance relllllinin~ in his hands shall be by him deposited in 

tho Treasury to the credit of the miscellaneous items of the contingent fund of the 

House for the fiscal year endin~r June30, 1879; and the Sergeant-at-Arms is hereby directed to make to this House a report, in writing, accompanied by vouchers in -detail, of the manner in which the sums thus received by him have been expended .ox· disposed of. which report, when examined and approved by the Committee of 

Accounts, shall be deemed a sufficient settlement of his accountability for same. 

Mr .. GARFIELD: Do we not need to make an appropriation by bill 

in order to provide a fund for ~his purpose \1 It seems to me we can hardly dispose of so large a sum without an appropriation from the 

Treasury. 

The SPEAKER. The Chair is advised that this resolution proposes 

to take the money from the contingent fund of the House. 

Mr. WHITE, of Pennsylvania. What are these investigationsf 

The SPEAKE.R. The Chair is advised that the resolution relates 

to two investigations already ordered by the House, one in the city 

of New York and the other in the city of Chicago. 

There being UO'"O bjection, the resolutions were considered and agreed 

to. 

Mr. KNOTT moved ·to reconsider the vote by which the resolutions 

w&e adopted; and also moved that the motion to reconsider be laid 

()n the table. 

The latter motion was agreed to. 

. .BUTTER .ili'D CHEESE. 

Mr. BLACKBURN, from the Committee for the District of Colum- n~ reported back, with a favorable recommendation, the bill (S. No. 

1297) for the protection of dairymen and to prevent deception in the 

.sale of butter and cheese in the District of Columbia. 

The bp.l was read, as follows: 

Be it enacted, dEc., That every person who shall manufacture for sale or who shall 

.-offer or expose for sale any article or substance in semblance of butter or cheese, .not the legitimate product of the dairy, and not mado exclusively of milk or cream, but into which the oil or fat of animals, not produce<l from milk, enters as a component part, or into which melted butter or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand, or mark upon every tub, firkin, boxi or package of such article or substance tho word 

Oleomargarine, in plain Roman etters, not less than half an inch square, placed horizontally in proper order, thus : OLEO:UARGARTh"E. And in case of retail sales of 

such article or ~ubstance in parcels the seller shall in all cases deliver therewith to the purchaser a written or printed label bearing the plainly written or print~d word 

Olooma.rgarine, in type or letters as aforesa-id · and every sale of such article or substance not so stamped, branded, mar 'ked, or hbeled shall be void, and no action .shall bo maintained for the price thereof. 

SEC. 2. That e~ery person who shall sell, or offer to sell, or have in his or her pos· ·sossim with intent to sell contrary to the provisions of this act any of the said article .or substance required by the first section of this act to be stamped, marked, or laboleda.s tl1erein stated, not so stamped, marked, or labeled, or in case of retail sale 

witho1lt delivery of a label required by section 1 of this act, shall for each such offense 

forfei tand pay a fine of $100, to l>e recovered· by indictment in any court of the Dis· trict oi Columbia of competent jurisdiction for the trial of misdemeanors, and the 

one-half of stich fine when paid to go to the informer and the residue to be paid in~ the treasury of the District of Columbia. 

iEc. 3. That every person who shall sell or offer or expose for sale, or who shall cause or procure to be sold or offered or exposed for sale any article or substance ro. quired by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled,· shall be guilty of a misdemeanor, and on trial for such misdemeanor proof of the sale or offer or exposal alleO'ed shall be 

presumptive evidence of know ledge of the character of the article so sof'd or offered 

Mr. HENDEE. Will the gentleman from Kentucky [Mr. BLACKBURN] yield to me for a moment! 

Mr. BLACKBURN. Certainly: 

Mr. HENDEE. Mr. Speaker, this is a bill of considerable importance, and of course I am in favor of its passa~e as it is unanimously 

reported from the Committee for the District of Columbia. Last winter that committee thought the subject of such importance that they 

requested from the Agricultural Department an analysis of this new kind of butter and also of pure butter. The microscopist and the 

chemist of the Agricultural Department have both made a report; 

and for the benefit of the country I ask that these reports which I 

have in my possession be printed in the RECORD. 

There' being po objection, leave was granted. 

The documents are as follows : 

Ul\TIED STATES DEPAR"IMIDI"T OF AGRICULTTTRE, 

Washingt<m, May 29, 1878. 

Sm: Your communication of date May 24, referring to me certain sampl~ of 

butter and asking an analysis of the same. was duly received, and, to~ether with 

the samples, was referred to the chemist of the Dopartment, Peter Colliert and also to the microscopist, 'I;homas Taylor, each of whom was instructed to maKe exam- ination as thoroughly as possible by their respective methods and report as soon as possible. Copies of their reports are herewith submitted, which I hope may afford tho information yon seek. 

Respectfully, your obedient servant, . WM. G. LE DUC, 

Commissioner. 

H. c. TILUIA..\", 

Clerk Committee for Dist1-ict of Columbia, House of Representatives. 

DEPARTMD\"T OF AGRICGLTt:RK, 

Washington, D. 0., May 28, 1878. 

SIR: I have made an examination of the two samples of butter, so called, received 

frQm the chemist of this Department on the 25th of present month, and by yoa.r order of that·date have made a micr~scopic examination of the same, and I here--

with respectfully submit the following report: The butters have not the appearance of prime butters in either case. No. 1 is pale and of good color, has a slight odor and taste of butter. I consider 

it to be a poor butter or a mixed bntter. When viewed under the microscope, with 

polarize(llight or by plain transmitted light. it appears like pure butter. It is 

wholly free of animal tissues and solid crystalline fats. 

No.2 is a highly colored yellow butter, melts at a lower temperature than No. 1, has very little odor, if any, of pure butter. When viewed under tlie microscopa by either polarized or plliin transmitted light it has an appearance of butter, although other tests satisfy me that it is a very finely made oleomargarine butter. When oleomargarine is not strained animal tissue an.d crystalline fats a1"3 at once detected by the microscope, the tissue by transmitted light, and the crystalline fats 

by polarized light. There are two kinds in tho market, strained and unstrained 

oleomargarine. I consider that No. 2 is, therefore, a highly purified and strained 

example. Since oelin is the oily portion of solid fats and of pure butter we caunot reason- ably expect to detect any difference in the respective oil globules of butter·or fut. There are chemical methods by which, I believe, other changes may be effected, 

Mld give microscopical points and markings for observation and determination. 

Therefore the microscope can only be used effectively in the detection of oleemarga.rine when it contains the fatty ooids, such as Illlll'garine and stearine, with pres- ent known tests. I am, sir, very respectfully, your obedient servant, 

THOMAS TAYLO:a, Micl'oscopisL 

To the honorable Commissioner of Agriculture, General WILLIAM G. LE D ue. 

W .ASHU>GTOX, D. C., May 29, 1878. 

Sm: I have the honor to report the following results of my analysis of the two samples of butt~r recently submitted for chemical examination by H. C. Tillman, 

clerk Committee District of Columbia. 

The two samples consisted of blocks of about a pound wehtht each, and upou each was a monogram. * * * The one was of a , yellow color, appreciably darker than the other, but in other respects no marked difference wa.s obse~le 

to the eye. In the following analysis that which. was darkest yellow will be called No.1, and the lighter one No.2. 

The composition of the material shows no marked deviation from that of ordi- nary butter as found in the market, and there is no evidence of the presence of 

anything injurious or ab~10rmal, since sugar is not unfrequently added to their 

butter by many of our darrymen . No.1. . Per cent. Fat...................................................... 84.72 

Caseine . . ................................................ .69 

Salt..................................................... 6.21 

~f:r:: ::::: ::::::::~::: :::::::::::::::::::::::: ::~::::: ~: fJ 100.14 

No.2. 

Per rent. 86.28 

.59 

5.05 

1. 2'i 

6.85 

100.03 

As will be observed, there is a >ery close agreement in the two analyses, qnite a.s close as might be looked for in two commercial samples of a product, >arying so much in it.'l composition as does either 'genuine butter or its imitation. 

As to the question whether these samples are really butter or the P.roduct known as oleomargarine-an artificial. butter prepared from suet chiefly-It is to be deter- mined largely l>y other evidence than chemical, since there is no reason why the 

manufacturers may not prepare a compound of exactly the proportions oi any 

given sample of butter. 

The character of that constituent given in the analysis as Caseine, and its appearance under -the microscope, and the examination of the products under the 

micro cope, will be the chief means by which the real character of these samples ma:v be possioly determined. . Durin~ the progress of the analyses It was observed that the color from No .. l 

entirely disappeared, while the color of No.2 remained constant, :md ~><>far as~ 
I 

~ 

584 CONGRESSIONAL RECORD-HO"NSE. JANUARY 20, 

depaJ,"tnlent goes it seems to indicate that No.1 was the product of a colorless fat, 

to which some coloring matter as aiUll'atto had been added. · U:p?n agitating the melted samples with hot water, the water became but little 

turb1d compared with the water shaken up .. with puro butter, and under the microscope the water from 1 and 2 closely resembled each other, wlLile in the water from 

pure butter innumerable fat globules .were seen, but such globules were absent in 

Nos. 1 and 2. Besides, a sample of pure butter upon melting gave a nniform mass with finely divided ca.seine separatinJ:;, while in Nos. 1 and 2 a very considerable co~um formed, which was estimatea and in the anals ses marked Casein e. Under the microscope a. sample of pure butter appeared made up of minute 

globules, while Nos. 1 and 2 presen~ far from a uniform appearance, not only in 

the varying size of the globules, but what probably was cellular tissue, at least 

somethino- not present in the pure butter examined. 

I am tterefore of the impression that both samples are specimens of the s~me material, and that this is not a genuine butter made by churning either cr-eam or milk, but is oleomargarine. 

Respectfully, 

General W:u. G: LE Due, Commissioner. 

l'ETER CO¥-IER, Chemi_st. 

I gh·e below analyses of butter found upon record, not ha·dng had time to com- plete one myself as yet: 

FatS ..•.•.........••.......••••....•.•.•...•...•..•.....•• &7.15 86.01 85.00 

Caseine _ ••• ·•••. .•. .•..•• •••. .• •••••. ••.•.• •••••• ••.. .. . .•. . 57 .19 . 51 

Salt ..... : •.••.. -·· ... ······ ......•••......•.• ······....... 1. 03 1. 51 . 00 

~ffe'~:::: :::::::::::::::::::::::::::::::::::::::::::::::: n: ~ 12: gg 1a: ~~ Ash . • • • • . . • • . • . . . • . • • . • • • • • . • . . . . • • . • . . . . . • . • • • . . . . . • . • • • . 00 . 00 . 12 

100. 00 "100. ()() 100. 00 

The bill was ordered to a. third reading, was accordingly read the 

third time, and passed . Mr. BLACKBURN moved to reconsider the vote by which the bill was pa~ed; and aJso moved that the motion to reconsider be laid on 

the table. 

The latter motion was agreed to. 

· CLAD:IS AGAINST THE DISTRICT OF COLUMBiA. 

Mr. :\IAYHAM. I move the House now resolve itself into the Committee of the Whole on the state of the Union for the purpose of proceeding with the consideration of the bill (H. R. No. 4810) to provide 

for the settlement of ap. outstanding claims against the District of 

Colnmbia, and conferring jurisdiction on the Court of Claims to hear 

the same, and for other purpose~; and pending that motion I move all general debate on that bill be limited to twenty minutes. 

Mr. EDEN. It is not.intended to cnt off debate under the five-minute rule! 

Mr. :MAYHA.M. Of course not, but simply to limit the general debate to twenty minutes. 

Mr. MAYHAM's motion was agreed to. 

llr. MAYHAM moved to reconsider the vote by which general debate was limited to twenty minutes; and also moved that the motion 

to reconsider be laid on the table. 

The latter motion was ~a-reed to. 

Mr. MAYHAM. I now ask for a vote on the motion ~o go into committee. 

The motion was agreed to. 

The Honse accordingly resolved itself into the Committee of the 

Whole on the state of the Union, Mr. HARTZELL in the chair. 

The CHAIRMAN . . The bill pending before the coiD:mittee is a bill 

(H. R. No. 4810) to provide for tho settl~ment of all outstanding claims 

against the District of Colnmbia, and conferring jurisdiction on the 

Court of Claims to hear the same, and for other purposes. 

Mr. MA YHili. I move that the first reading of the bill for information be dispensed with. 

The motion was agreed to. 

The CHAIRMAN. The first section of the bill will be read for 

amendment. 

The Clerk read as follows: 

Xhat t.be jurisdiction of the Court of Claims is hereby extended to, and it sb,all 

Js.ve exclusive original jurisdiction of, all claims now existing against the District 

of Columbia which have arisen under the late corporations of Washington and 

Geor11:etown, the levy court, the late board of public works, the late corporation of 

the District of Columbia, the board of health, or the commissioners of the District, 

prior to January 1, 1878; and said court shall ha>e the .same power, procOOd in the same manner, and be governed by. the same rules in .respect to the modo of hearing, adjudication, and determination of said claims, as it now has in relation to the 

adjudication of clainls a.,o-ainst the United Stli.tes. 

:Mr. MAYHA.M. :Mr. Chairman, the bill under consider~tion is intended to co:rrunit to the Court of Claims for adjudication and deter- · mination all claims against the District of Columbia which have arisen nnd~ the late corporations of Washington and Georgetown, the levy 

court, the late board of public works, the late-corporation of the 

District of Columbia, the board of health, or the commissioners of the 

District prior to the let of January, 1878. 

'The fir~t;t section of)this bill conf*"rs jurisdiction upon the court, 

makes th.e proceedings in reference to these claims to conform as 

nearly as may be to that of claims against the United States, and authorizes the court in a proper case to appoint referees to take testimony and en~eers to make measurements and report the same to 

t'he qpurt for 1ts information. . The second section of the bill provides that all claims against the 

District of Columbia shall in the first instance be prosecuted before 

the Court of Claims, in the same manner and with the same rights 

of appeal as are by law provided for the prosecution of claims against 

the United States; and also provides that all such claims shall be 

prosecuted by the filing of the petition within six months after the 

passage of this a(it, except in case of claims held and owned by per- sons under legal disabilities, and all such claims shall be prosecuted i~ lik~ _n~anner within six months after the expiration of such legal disa b1lities. . · . · . The third section makes it the duty of the Attorney-General of the 

United States to defend the District of Colnmbia against all such 

claims prosecuted in said court; and on appeal in the same manner as he is required to defend the United States before said court, and 

with like powers and privileges. 

The fourth section makes all laws in force relating to the prosecution of claims in this court against the United States applicabl(j to 

proceedings against the District of Colnmbia and provides that in 

all cases wilere said court shall render judgment a~ainst the District 

the court shall with the findings of fact find and <letermine whether 

said claim arose under a contract payable in current money or in 3.65. 

bonds of the District. And the judgment shall direct payment in 

accordance with the facts so found. 

Section 5 provides that if no appeal shall be taken from the judgment of the Court of Claims within the,time now limited by law for 

appealing, and in all cases of final judgment in favor of the claimant 

the Secretary of the Treasury shall pay the amount of .the judgment 

out of any funds not otherwise specially appropriated, and in ca e the judgment be for the payment in 3.65 bonds the same shall be paid 

therein, on the certified copy of thejudgment, signed by the chief-justice or the presiding judge of said court; and alsq provides that all 

moneys paid out of the Treasury on saidjudgment·shall be reimbursed 

by the Treasurer out of any fynds in the United States Treasury belonging to the District of Columbia not otherwise specifically appropriated. . Section 6 provides that the Secretary of tho Treasury shall demand 

of the sinking-fil.nd commissioners of the District of Colnmbia and 

the sinldng-fnnd commissioners shall deliver to the Secretary of theTreasury so many 3.65 bonds as shall be necessary to pay the judgments required to be paid in such bonds; provided that the total 

amount of such bonds so issued, including those already issued, shall 

not exceed $15,000,000. It will be observed that by section 7 of the. 

act to provide a permanent form of government for the Dis~rict, the> 

sinking-fund commissioners of the District were abolished, but th~ 

Secretary of the Treasury is to perform all the duties required by law 

of the sinking-fund commissioners. · Section 7 of this act ptovides for diligent prosecution of said claims- so filed with the court, and authorizes the court on motion of theAttorney-General and notice to the claimant to dismiss all claims not 

diligently prosecuted to final judgment; and all claims so dismi ed 

and all claims adjudicated shall be barred from further prosecution 

before the Court of Claims or any other tribunal. · Mr. Chairman, I have thus given a brief snmmary of the provision . of this bill. The chief object of the bill and the end which is sought 

to be obtained is towfold: first, to provide a judicial tribunal for theadjudication of these claims when the same may be tried and determined upon their merits, so that just claims against the District may 

be ascertained and paid, and thus the faith of the Government as tothis class of claims and of the debt of the District may .be met and 

the honest creditor paid-at the same time to have permanently and 

forevel' barred all claims which will not stand the test of a calm, deliberate, and judicial investigation before a court of the country well 

adapted to administerfnll and complete justice in the premises; and,. se·condly, to relieve Congress from the labor and responsibility of acting in a judicial capacity upon an infinite variety of claims not properly cognizable before this body. · The theory of our Government, Mr. Chairman, is lhat Cpngress shall 

possess only legislative power. The Constitution provides thatAll legislative power herein granted shall be >ested in a Congress of the "G"nited 

States, which shall consist of a Senate and House of Representativ~. • 

If this provision stood alone, it would plainly enough indicate the 

extent of the le~_itimate constitutional power of Congress, and, by 

fair and just implication, divest it of all judicial functions. And thatwould be found to be especially true when we come to consider the 

utter want of adaptability of Congress to t.he wise and judicious. 

exercise of judicial powers. It needa no argument, I trust, to any 

gentleman upon this floor to prove that this body is not a safe and 

satisfactory tribunal to pass judicially, cautiously, and intelligentJ.y 

upon a claim, first involving a patient study of the facts upon which: 

it is founded, and then a careful examination of the contract and thelaw of the contr::wt under which such claim is made. 

Congress as a judicial body cannot, in the nature of things, iJ!vestigate in detail all the facts and circumstances which go to estal:lish or defeat a claim. The consequence is that the great bulk of this. 

body, if required to p~s judicially upon claims, are compelled to vote 

in the dark, thereby taking the hazard of allowing an unjust c'aim,. to the great detriment of the Government, or of rejecting an hi>nest 

claim to the utter ruin, perhaps, of an honest creditor of the DiEtrict. 

But it may be said that the claims maybe satisfactorily investigated 

before an appropriate committee of Congress, and when so investigated the Honse may safely follow tho determination of the com- mittee, an<l thus in the main substantial justice may be attained 

between the individual and the Government. This argumen1, how- ever plausible in theory, is not sound in practice. 

Any gentleman upon this floor familioc with the method of transaction of business before the best regulated committees of thi~ Honsi 
. 

1879. CONGRESSIONAL. RECORD-HOUSE. 585 

cannot fail to have discovered the great laxity and want of method, gress cont~n~es ~ sit in judgm~nt upon these claims, so long will the as well as the absence of a strict application of rules of evidence charge of lDJUStlce and oppreS:SIOn be made on· the one hand and the· and law so essential to the due administration of justice in the courts. counter charge of fraud and speculation on the other; fraudulent an<l 

And if by the want of a rigid enforcement of rules of evidence or prin- duplicated claims will by inadvertence and ignorance offacts be allowed 

ciples of law governing a case an erroneous result be reached in Con- by which Con~ess will be subjected to censure and unjust criticism 1 

gress, there is no appeal from its determination, and the errors com- and honest claims will be ignored or rejected, and injustice done to· mitted are irretrievable unless, indeed, some other Congress is asked the bona fide creditors of the' District. 

to review the act or repeal or modify its effect. But I will not fur- I ~ubmit, therefore, that every consideration of :propriety and good: ther take the time of this House in an attempt to enumerate the faith concur to dem0t1strate the necessity of remit,ting this wholenumberless reasons why Congress should not a-ssume or attempt to subject of claims t? the courts where it appropriately belongs. 

exercise judicial powers. A reason is furnishecl in the org!l.nic law, Mr. EDEN. I Wish to call the attention of the gentleman from New 

which to us who are acting or presumed to act under the obligations York to tho fact that he has consumed half the time allowed for genof an oath to support that instrument, like Aaron's rod, swallows up eral debate. 

all other reasons. That reason is found in article 3J sect~on 1, of the Mr. MAYHAM. I wonld be glau to occupy more time if I had it. 

Constitutign of the United States, which provides: I now yield to my friend the gentleman from Dlinois, [Mr. EDE~.] 

The judicial power of the United States shall be ;ested in one Supreme Court Mr. REAGAN. Beforlthe gentleman:from New York sits down I 

and in such inferior conrts as Congress may from time to time ordain and estab- would like to ask if the committee ascertained some probable amount 

lish. of claims that would be brought against the District under this act ~ 

Here, then, we find a reason which oven-ides all other reasons which Mr.l\IAYHAM. I havo not invest.igated that, anu I am not able to 

we, as membem of Congress, can offer for or against the exercise of answer the gentleman's question. I assume the court will protect the 

judicial power lJy this body. It matters little, so far as we are cou- Treasury against everything but honest claims. 

cerned, whether this provision be wise or unwise; wo find it written Mr. EDEN. I have no doubt there are some claims that are em- in the charter nnder which we hold our trust hero; to it we havo braced in this bill that ought to be paid; ·but I thtnk that the first 

solemnly subscribed, and its provisions we have sworn to support. section of the bill is entirely too sweeping and general in its provis- 'Ve may create courts if the exigencies of the country require it, ions in conferring jurisdiction upon the Com-to£ Claims. It provides: 

but we cannot exercise judicial power, for it is written in the Consti- That the jurisdiction of the Court of Claims is hereby extended to, and it shall 

tntion that the J'ndicial 11ower of the United States shall be vested in have exclnsi;e original legal and equitable jurisdiction of, all claims now existing ..,. against the District of Columbia which have arisen under the late corporations ol' 

the courts. Washington and Geo~town, the levy court, the late board of public works, the 

This provision covers the whole g1'0und. It is the m·gumentmn acl late corporation of the vistrict of Columbia, the board of health, or the commishominem, and should be conclusive upon this brancli of the subject. sioners of tbe District, prior to January I, 1878. 

But the fear is expressed that if Congress let slip•its control npon It will be observed by those who have given attention to this prothis subject of claims the Government may be defrauded. To act vision that this gives jurisdiction to the Court of Claims to hear and 

upon such a fear and to withhold from the courts the jurisdiction determine every conceivable kind of claim that ever h~ts existed 

vested in them by the Coilstitutilm upon any such pre~n e, is to evince against the District of Columbia from the foundation of the Govern- a distrust on the part of Congress of. a co-ordinate department which ment down to the present time. There is no limitation whatever as- I trust is not entertained by this Honse toward the judiciary of the to the k"'ind of claim, or as to the time within which the claim was to. 

country; and if any such sentiment is entertained here it will be l'e- be filed. This levy court and the corporations of Washington and 

garded by the country as an arrogant assumption on the part of Con- Georgetown were abolished February 21, 1871 ; so that all the claims 

gress of all the honesty of the Government-an opinion which, I fear, that may be brought against the District of Columbia arising against 

wili not be fully acquiesced in, either by the people or the co-ordinate those corporations and against the levy court necessarily must ha"\'0 

departments of the Government. If there be one department of Gov- originated prior to the '21st day of February, 1871. I repeat that 

ernment more than another which should merit and possess the entire there is no limitation whatever. This levy court was the corpora--

confidence of the people, that department is the judiciary. tiou that included all of the District of Columbia, except the corpoIt is a mist.:'tke, t~herefore, to assume that these claims if submitted rations of Washington and Georgetown, prior to the act of February 

to the Court of Claims under the restrictions imposed in this bill will 21, 1871. I have not time to state in detail the jurisdiction of the 

not receive careful consideration to the end that full and complete levy court; but it bad jurisdiction of pretty much everythino- in the· justice may be done both to the District and claimant. District outside of these two corporations of 'Vashington and ~orge- Defeuded against, as these claims will be, by the Attorney-General, town. Then these corporations had had an existence from the time 

anti pro ecuted, as they will be, according to the forms of law and the seat of Government was established here until they were superwell-established judicial rules, the real truth of each case will be as- seded by the act of February 21, 1871 ; and any claim that any percertained, and just and honest claims will be allowed and paid, as son has a,gainst these two corporations at any time from the foundathey should be, and dishonest and fraudulent claims will be exposed tion of the Government until some time in 1878 can come into theand rejected. Thus truth al}.d justice will be vindicated, and fraud Court of Claims. And if that court finds that tpere is anythingand corruption condemned. due to that party, no matter how old it is and no matter what the 

Mr. Chairman, I am not here as the advocate or champion of any claim is for, unless there is a successful appeal taken to the Supreme 

claim. I have no personal knowledge that there is an honest claim Court of tbe United States, the chief-justice of the Court of Claims. against this District, nor have I any knowledge that tllere is a fraudn- gives a certificate to the cla.imant aml he goes to the Treasury of thelent or unjust claim which the District is asked to pay. This it will United States and gets tlle money. 

be the duty of this cGnrt to ascertain and determine. Now, the jurisdiction of the Court of Cl_aims bas been carefully 

But if there be any honest creditors of this District ought they not limited. and defined. I believe-I may not be pr~cisely correct, but 

to be paid 1 If any man or corporation has performed labor, furnished probably I am right-I believe their jurisdiction 1s confined to cases: material, or incurred expense under contract with the officers in of contract. I know it is limited. And then it is limited in point of 

charge of this District, within the scope of their authority, and this time I believe to six years . . They do not take cognizance of questio'ns. Nistrict is in the enjoyment of the }>enefits of that labor, mat~rials, of damages at all under the jUrisdiction that baa been conierred upon 

!tnd money, who will say that such creditor should not be speedily them. But this bill, I repeat, gives no limitation either as to the cause paid. If it be true a.s represented that individuals have invested and of action or the time when it accrued, but it opens the Treasury of 

expended their private fortunes in work and materials lawfully done the United States to claims from the foundation of the District down 

and furnished, under contracts made with officers of this District, to the present time. To those provisions I object. 

under the authority of Congress, and such individuals and their For instancQJ, any liability that accrued under the board of publicfamilies are to-day on the verge of bankruptcy and financial ruin, works, any liability that accrued while we_h:td the District Legislature 

and some even suffering penury artd want, is there !l. maR here who here, is a (lla im under this bill that is to be adjudicated by the Court, will rise in his place and say such creditor, because he has worked of Claims, and Congress is to have no further voice in it whatever~ 

for the District of Columbia, tho nation's capital, should not be p3.id f That will let in all claims for damages fflr the te:1.ring up of sidewalks- Much is s:1.id here abont preserving the faith of the Government, and streets. So far as it may affect the rights of adjacent propertyand just anathemas are pronounced by the defE'nders of the bond- holders it 'vill open the entire question as to damages oh account of· holders against anything that looks like repudiating the bonded debt the establishment of the grade by the board of public works; and 

of the Government. Even those who doubt the propriety of not how many millions upon millions of dollars of damages may be laypaying it in fine gold, and dare talk of paying it in silver, th(\coin in ing back to come up and be adjudicated by this court for injury done· 

which it was contranted to be paid, are sometimes charged with bad to property in tllis Dist1·ict by this board of public works no one ca,n, 

faith anti repucliation. . tell. , I do not stop now ttl discuss these questions, except to call the atten- Now, I do not pretend to say that there may not be claims for damtion of all t)le defenders of the honor ef tllis Government on this ages to property that ought to be paid; but I do say that this un- fl'Oor to the pro_priety of doing justice t() every creditor of the Gov- limited jurisdiction ought not to be given to the Court of Claims. I· ernment, whether his claims be represented by millions in Govern- have no objection to that portion of the claims against the District 

ment bonds or by tens or hundreds in claims for honest labor. arising out of contracts since the 21st of February, 1871, when the· 

Mr. Chairman, it is time th3.t this clamor about the claims against new government was established here. I have no objection to the· t.his District and the honesty or dishonesty of such claims wa.s finally Court of Claims adjudicating upon them. I objected when this matand forever settled by some definite and decisive n,ction; and this can ter wa.s formerly before the Honse because the tribunal that was to- never be done so long as the doors of Congiess are opened to the pre- I adjudicate tpese questions had no judicial power. In this bill th~ seiltation and settlement of claims before this body. So long as Con- tribunal does have j udicial power ; and I am willing that the Comil 
.586 CONGRESSIONAL RECORD--HOUSE . J .ANU.ARY 20, 

.of Claims may adjudicate in reference to claims against the-Dist.rict ·-of Columbia as far as they are allowed to adjudicate in reference to -claims against the United States, and no further. 

I am not willing to open the question of damages and allow any -man who conceives that he has ever suffered damage from any of the 

corporations that have existed here to go to the Court of Claims, and, 

if he succeeds in establishing his claim for damages, to go to the Treasury and get the money on the certificate of the chief-justice of the 

• Court of Claims. 

We do not pay any claim in that way. A person who establishes 

his claim cannot get a certificate from the court to receive the amount 

found due him. It is not until Congress makes an appropriation for ·the specific purpose of paying the judgments of the Court of Claims. 

If the Committee for the District of Columbia has concluded that 

the Court of Claims is the best tribunal to determine these questions, ·why not limit its jurisdiction in reference t~ these cases as it is limited in other cases a.gainst the Government of the United States! We . open a wide field, no one can tell how wide-a door which no one can ·tell when it will be closed. 

Unless some important amendments are made to the bill I shall 

vote against it, and I hope it will not receive the approval of the 

House. 

The CHAIRMAN. The time fixed by the House for closing the _general <liscussion. upon this bill has expired. The Clerk will now proceed to read the bill by section~ for amendment. 

The ~lerk read the first section of the bill, as follows: 

Be it enacted by the Senate and House of Representatives of tlte United States of America in Congress assembled, That the junsdiotion of the Court of Claims is 

hereby extended to, and it shall have exclu.sive original jurisdiction of, all claims now existing a~ainstthe District of Columbia which havo arisen under the late 

-corporations of Washington and Georgetown, the levy court. the late board of 

public works, the L'\te corporation of the District of Columbia, tho board of health, . or the commissioners of the District, prior to January 1, 1878; and said court shall 

have the same power, proceed in the same manner, and bo governed by the same · rules in respect to the mode of hearing, adjudication, and determination of said 

daims, as it now has in relation to the adjudication of claims against the United 

States. 

The first amendment reported by the committee was to insert in 

lint' 4, after the word "original," the words "legal and equitable," an~ in line 15, after the word" United States," to insert: 

When the trial of' any claim against the District of Columbi:J., pro ecuted under 

the provisions of this act, involVes the taking and stating of a long account, or the 

making of measurements or computations involving the services of engineers, said --court shall have power to award a reference to a competent referee to take and state such account or to an engineer to make and report such measurements and . computations; and said referee or engineer shaH report to the court the evidence 

taken by hin1 and his conclu.sions on the same, for the information of said court. 

Mr. EDEN. Is it in ordertoofferan amendment, ormust the amendment reported by the committee be first acted upon' 

The CHAffiMAN. The amendment offered by the committee will be 

first acted upoB, bnt it is in order to move to amend this amendment. 

Mr. EDEN. It occurs to me that this amendment proposed by the . committee makes a provision under which the referee appointed by 

the court will really decide all the cases. I am not familiar with the 

practice of the Court of Claims. I suppose they have some mode of 

taking testimony, and I do not see why the same rules of taking testimony that prevail in other cases should not apply here. The referee 

reports not only the evidence but his conclusions thereon, and the 

probability is that t1e result of this will be that pretty much all of 

these claims will be substantially decided by the referee or the engi- neer appointed. I think that whatever rules of evidence the court :has adopte<l in other cases in reference to taking testimony ought to 

be sufficient in these cases. • Mr. MAYHAll. The object of limiting the taking of testimony to 

the referee or engineer is to relieve the court from the burden of 

taking the testimony itself. The referee is not to take the testimony . and decide the case, as my friend seems to think, but the object is 

that he shall report the testimony to the court, and it would be rather .a far-fetched idea to say that his conclusions .would control the court. 

He reports the evidence and the facts, and the court then determine 

for themselves the weight to be given to that evidence, and the mere .statement that he reports his conclusions upon it does not in any 

way bind the court. 

There is another provision, however, incorporated in the bill by 

the amendment, that the district engineer shall be the referee to 

take the measurements when measurements are required. That 

.amendment was agreed on by the committee, and is one of the amendments reported by them. 

Mr. BUCKNER. Would not the facts and findings of the referee 

be treated by the court the same as would be the findings of a jury! 

Mr. MAYHAM. Not necessarily. In very many cases the referee 

finds the facts and his conclusions. In cases of divorce, for instance, -or in equity cases, where a jury is called on to aid the conscience of 

the court in determining the facts, the court has the power, and fre-

-quently exercises it by overriding the verdict of the jury. 

Mr. BUCKNER. What is the gentleman's understanding of the 

words" legal and equitable jurisdiction T" I understand that there are a large number of claims in this District against the District com- missioners for damages growin(J' ont of the grading of the streets. 

The Supreme Court have held that that is not a legal claim against 

tbe Government of the United States. I desire to know whether, 

under the view the committee have taken of it, this would include 

claimS for damages growing out of the gradin~ of the streets, on.d 

whether that would be included in the jurisdiction conferred by this 

bill. 

Mr. MAYHAM . . I can answer the -gentleman only by giving my own construction of the language and what I believe was the view 

of the committee, that that class of claims wa.s not intended to be 

embraced by the word " equitable." 

I think the court will have no difficulty in determining what is the 

boundary line between legal and equitable jurisdiction, as understood 

by lawyers aJid judges. It seems to me that the taking down of a grade opposite a man's house, which the Government has authority 

to do and whicll it has done, does not create any equitable claim 

within any definition of the word "equitable." If it was an equitable claim, then the party might by injunction have restrained the 

Government from doing the act. That never has been done, and never can be. 

Mr. EDEN. Does the gentleman construe tha word "claim" a~ not 

including a claim for damages, when there is no limitation whatever 

in the bill itself f 

.Mr. MAYHAM. Claim for damages for wh.atf Mr~ EDEN. For anything. 

Mr. MAYHAM. I construe it as meaning a claim for damages on account of the Government not performing its contract. It does not 

go into that speculative and imaginative area including anything 

that a party may conceive is a damage to him; that would not be 

indemnified undet this bill. 

Mr. TOWNSEND, of New York. I desire to ask my colleague [Mr. MAYHAM:] a question. 

Mr. MAYHAM. Certainly. 

Mr. TOWNSEND, of New York. I am ignorant whether the Court 

of Claims, by its general jurisdiction conferred upon it by Congre , ha~ the power to refer questions to referees who shall take testimony and give an opinion. I would inquire if that element is introduced now for the first time, 

Mr. MAYHAM. I am not aware that such authority has existed by 

virtue of any previous law. The supposed necessity for it in this caRo arises from this fact: there are measurements to be made a. bout which 

tLere_ is a controversy, and it would be absurd to ask the court to go 

out. and make those measurements. There are long account.s to uu 

stateil, and it would be a burden upon the court to compel it to taktj 

the tt:.-;timony in regard to those long accounts. This bill author-ize 

the a:rpointment of referees within the discretion of the court. 

Mr. TOWNSEND, of New York. I can see no reason for making aa exception to the general rule in regard to claims arising in the District of Columbia for which the Government is said to be liable. lu 

all cases coming before the Court of Claims testimony mnst be taken. I do not know why testimony of measurements should be excludel or made an exception. 

And I doubt very much the propriety of allowing referees (the appointment of which will be very much influenced by the p'arties 1u 

interest) to decide questions of fact, because the opinion of the 

referee will ordinarily be controlling. I doubt very much the propriety of allowing referees to practically decide theso que tioos of 

fact as affecting the interests of the Government· I think it is un- wise. I hqpe, therefore, that that provision-of the bill will be stricken 

out. 

The CHAIRMAN. Debate upon the pendin~ amendment reported 

from the Committee for the District of Columbia has been exhausted. Mr. EDEN. What is the first amendment to be voted upon f 

The CHAIRMAN. The Clerk will report the amendment. 

The amendment was read, as follows: 

In line 4, aft-er the word " original, " insert the words " legal and e~J_uitable ;"so 

that it will read : "shall have exclusive original legal and equit-able Jurisdiction," 

&c. 

Mr. EDEN. I have no objection to that amendment . The amendment was agreed to. 

The next amendment was, after the words "United States," in line 

15, to add the following : 

When the trial of any claim against the District of Columbia prosecuted under the provisions of this act involves the taking and stating of a long account, or the making of measurements or computations involving the services oz engineers, said court sball have power to award a reference to a competent referee to take and state such an a-ccount., or to an engineer to make and report such- measurements and computatiou.s, and said referee or engineer shall report to the court the evidence taken by him and his conclusions on the same, for the information of said court . 

Mr. KEIFER. Is it in order now to move an amendment to tho amendment f If in order, I desire to move to strike out the word:; 

" and his conclusions thereon." 

The CHAIRMAN. There is au amendment proposed by the co::u- mittee to their own amendment ; the question will first be upon thn.t. The amendment of the committee was to strike out the words "and 

engineer," and to insert in lieu thereof the words "the engineer commissioner of the District." 

The amendment to the amendment was agreed t o. The question was upon the amendment as amended. 

Mr. KEIFER. I move to strike out of the amendment the word.l3 

" and his conclusions on the -same." 

Mr. MAYHAM. I do not object to that amendment. 

Mr. POTTER. If that is adopted, then the referee would only re. port the evidence taken by him. · 
1879. OONG!ESSIO'NAL RECORD-HOUSE. 587 

Mr. KEIFER. He could report the evidence or state the aecount, 

lbnt not give his opinion. 

Mr. HARRIS, of Vir~a. I do not think the amendment of the 

;gentleman from Ohio [Mr. KEIFER] should be adopted. · This is bnt .a simple reference to a master commissioner aa it. may be termed. 

Suppose there are bnt three items between the corporation and an individual, and there may be a dispute as to one of them. Unless 

-they can be referred to a master commissioner to take testimony and 

report to the court, the court may be compelled to take time for the 

-purpose of hearing evidence to provo these items, about which there 

may be no dispute. I think the provision as reported from the com- mittee should be adopted in order to economize time and prevent 

·confusion in the court. 

Mr. KEIFER. I understand the gentleman from Virginia [Mr. 

HAruus] t.o say that my amendmen.t would prevent the referee stating .an account. A careful attention to the provision of the amendment 

of the committee will show that that is not the effect of my proposed 

..amendment. ·The provision of the committee reads: 

When the trial of any claim against the District of Columbia. prosecuted under 

the I?rovisions of this act involves the taking and stating of a. long account, or the 

making of measurement or computations involving the services of engineers, sai<l 

o(l()urt shall have power to award a reference to a competent referee to take and .state such an accountMy amendment does not affect that-

·or to an engineer to make and report such measurements and computations, and .said referee or engineer shall report to the court the evidence taken by him-. 

Now come the words I propose to strike out-

.and his conclusions on the same, for the information of said court. 

By the language of this provision the engineer becomes a referee 

who is to give his conclusions. Although merely a civil engineer he 

would be called upon under this language, if construed broadly, to ,aqive at a conclusion of ·law. upon the evidence as presented. Now, 

-whatever fact-s may be proved in the evidence and whatever conclu-

:-Sions the referee may arrive at, I desire the court to examine the whole -case in the light of all the testimony. I agree that· thero should be a 

referee to take testimony in the manner usual in courts of equity all 

o()Ver this country. I would have the referee report to the court the 

testimony for its consideration; bnt I would not have the finding of ·the .referee considered in the light of a verdict. Let the court have 

the whole record before it as submitted by the referee, and let it exam- ine the question as an original one. I understand that the gentleman 

in charge of this bill is willing to accept my amendment. 

Mr. MAYHAM. I do accept the amendinent, although I do not regard 

it as at all material. · The amendment of .Mr. KEIFER was adopted, and the amendment .as amended was agreed to. 

Mr. EDEN. I mov_e to amend by striking out all after the word 

·''which," in line 6, section 1, to and including the word "health," in 

line 9, and inserting the following : 

.Are predicated on certificates of the late board of audit, and includiD"' all claims 

-which were allowed by said board, but for which certificates were not iSsued · and 

.also including all claims for work dono since tho 21st day of February, A. D. '1971 

upon which certified measurement.'i of the engineer of the District of Columblli, 

have been made and filed prior to the 1st day of January, lt!78. 

The object of this amendment is to define the jurisdiction Qf the 

court in reference to these claims and to limit that jurisdiction to .cases in the nature of contracts. The claims which have been pressed 

upon the. consideration of Congress arise mainly out of contracts made 

by the board of public works and the commissioners of the District 

-of Columbia; and the reason this amendment allows the jurisdiction 

to extend back to FalJruary 21, 1871, is because at that time the old 

District government was abolished and the new District government, 

under which these claims originated," was established. The claims 

.embraced in the amendment were in process of settlement before the 

board of audit which was established, I believe, in 1874. In 1876, before the board bad finished their work, Congress abolished the board; 

..and consequently they could not conclude their work. This amendment, if adopted, will simply allow the Court of Claims to go on and . adjudicate the class of claims which the board of audit had authority 

-to investigate. 

The amendment will do away with all questions about old claims 

which had their origin anterior to the change of government in this 

District. It will also make it certain that the Court of Claims will 

not have jurisdiction in reference to questions of damages from cutting ·down streets, taking up sidewalks, and all that sort of thing. I think 

that if the Court of Claims is to have jurisdiction at all its jurisdic-

-tion ought to be limited in the manner provided in this amendment. 

Mr. M.AYHAM. It seems to me that the amendment of the gentleman from illinois, [Mr. EDEN,] if adopted, will cut oft' or may cut 

-off claims just as meritorious as any that it proposes to include. It 

is a m~tter of history that public works ~hioh ware going on were by 

-operation of a law of Congress summarily suspended. Some of this 

work had been measured; and for some, certifioates had been issued 

by the District commissioners; some was in process of measurement; 

.and some had not been measured at all. But in many cases where no measurement had been made, the work was just as faithfully performed as in any other cases. Now, the effect of this amendment is to give a preference to a class 

of contractors who were so fortunate as to have their work measured · or to receive the certificates of the commissioners, which certificates 

*ere, however, stopped before payment had ~n lllade. 1-'he amendment leavesout-orat any rate it may leave out-aclass.ofclaimanta 

wliose claims are just as meritorious but who have not had the opportunity to get certificates of the commissioners or certificates of the 

engineer, or anything of that kind. They have only had the opportunity to put in their work, to expend their money, their operations 

being. stopped before the Government through any of ita agencies had 

furnished any evidence of the work that had been done. It seems to me it would be unjust as to these claimants to adopt this amendment. 

So far as the amendment fixes a limitation of time, I am not here 

to antagonize it. Whate.-er may be the judgment of other ~entlemen, 

I am not here to oppose a proposition to exclude claims ansing prior 

to 1871. That limitation may be right. It may relieve the court from 

the burden of examining old stale claims, the evidence of which the 

Government might not have proper opportunity to meet. But I do object to limiting the jurisdiction of the court exclusively to cases where there have been, in the language of the gentleman's amendment, 

"certified measurements." 

Mr. EDEN. I think the amendment C(}Vers the case. I do not seek 

to include any of tha.t class of. claims which comes Within the intention of the amendment, that is, claims. referred to the board of audit. 

I think my amendment embraces all the claims referred to the board 

of audit; that is the intention; it includes not only all which receive 

certificates, but those which the board of audit passed upon. It includes all of those. for which measurement was made by the engineer 

up to February 21, 1871. If that does not include all it should do so . . I am not aware of any claim standing npon an eqnal footing with 

those which is not embraced . . Mr. HENDEE. I think the gentleman from illinois is entirely mistaken as to his amendment. It does not, as I read it, cover claims of 

parties who have performed work where their measurements have 

not been made, and they are on the same basis precisely as those who 

hava received certificates. 

Mr. EDEN. If the gentleman will draw llp an amendment cover- ing that modification I will accept it. I will accept a modification 

to meet that case be refers to. 

Mr. HENDEE. It would be'an unjust discrimination against parties who have honest and bona fid-e claims against the District of Columbia to draw the distinction where the gentleman from lllinois 

has drawn it. I would not myself, as a member of th~ District Com- . mittee, object to an amendment limiting the time when they should 

go back in the examination of claims, that is February 21, 1871, but 

I would have the power given to examine claims of persons arising 

out of contracts made since that date, whether measurements have 

been made or not. If the court found them to be honest claims they 

certainly should be allowed, whatever may be their nature. I suggest to the gentleman from Illinois to modify his amendment by con- fining the investigation to claims which shall have accrued since the 

date he first named, February 21, 1871, arising out of contracts with 

the said corporations of the District of Columbia. I think that would 

be fair. 

Mr. EDEN. Not adjudicated by the board of audit. 

Mr. HENDEE. I meim that. 

Mr. EDEN. If the gentleman will prepare an amendment to that 

effect I will accept it. 

Mr. HENDEE. I offer this, then, as a substitute for that of the 

gentleman from illinois . The Clerk read as follows : 

After the word "Columbia," in the sixth lille of the first section, insert "arising upon contracts, expressed or implied, made since Febrnary 1, tan, and not heretofore passed upon by some competent tribunal." 

Mr. EDEN. February 21 is the date the change of government 

took place . Mr. HENDEE. Yes, sir; that is the date. 

:Mr. EDEN. But the Clerk read "February 1." 

1r!r. HENDEE. It should be "February 21, 1871." 

Mr. EDEN. What was stricken out by the amendment of the 

gentleman from Vermont; the same I struck out'? . :Mr. HENDEE. Yes. 

Mr. EDEN. Commencing from the word "Columbia" down to the 

word " eiiYht." ' 

Mr. HE~EE. I am willing to strike out what the gentleman 

refers to. 

Mr. BUCIOi'ER. I think there is some mistake about the words to. be stricken out. I do not think the gentleman from Vermont strikes 

out a-s much a-s the gentleman from Illinois did. · The CHAIRMAN. The proposition of the gentleman from Vermont was offered as a substitute for the amendment of the gentleman 

from illinois. 

Mr. BUCKNER. The proposition of the gentleman from Illinois was to strike out after the word "Columbia" down to the word 

"health," in the ninth liue_. Does the gentleman from Vermont mean to strike out the same words and in lieu of what was proposed by the 

gentleman from illinois offer what has been read by the Clerk as a 

substitute , 

Mr. HEI\TDEE. That is what I design. 

Mr. EDEK. Let it be read as it will be in case the amendment of 

the gentleman from Vermont is adopted in lieu of mine. 

The Clerk read as follows: 

That the ,jurisdiction of the Court of Claims is hereby extended to, audit shall 

... 
' 

588 CONGRESSIONAL RECORD-HOUSE. JANUARY 20, 

have exalnsive, oriltinal. IeiaJ. and equitable jurisdiction of, all claims no:w ~t- The substitute offered by Mr. HENDEE for Mr. EDEN's amendment 

ing against the District ·of Columbia arising upon contracts, expressed or unplicd, was agreed to. · made since February ~1. 1871, and not heretofore passed upon "i?Y some competent Mr. CANNON, of lllinois. I offer the following amendment; tri~"n 1 which have arisen under th~late corporations of Washrngton and ~orget~.....-, In line 4 strike out the words "legal and equitable." 

Mr. EDEN. Oh no, that is stri~ken out down to an~ including the The ·cHAIRMAN. That amendment is not in order. Those words 

word "eight" in the eleventh line. The words stncken out are, have been inserted by an amendment, and it is not in order to strike 

"which havo' arisen under the late corporations of Wa-shington and them out. 

Georgetown, the levy court, late board of- public works, the late cor- Mr. CAl\~ ON, o~ Illinois. I will modify my motion so as to strike 

poration of the District of Columbia, the board of health, or the com- out merely the words "and equitable,'' in line 4. 

missioners of the District of Columbia prior to January 1, 1878." The CHAIRMAN. That is not in order. Those words have been 

Mr. HENDEE. That is right. inserted by an amendment. 

Mr. EDEN. I should like to inquire of the gentleman from. Ver- Mr. REAGAN. ~Ir. Chairman, I desire to say a word on the point 

mont who is familiar with District affairs, being on that coiD.IDlttee, of order. A motion to strike out the same thing that has been inserted 

whether these contracts we are called upon to provide for were not would not be in order; but under the rules a. motion to insert addiexpress contracts 7 · tiona! matter or to strike out a portion of that whlch has been inserted 

1\Ir. HENDEE. They were not. is proper. 

Mr. EDEN. What is the nature of implied contracts we may be 1\Ir. MAYHAM:. The effect of that would be, if the statement of the 

called upon to pa.yf . . rUle by- t.he gentleman from Texa..s is correct, to neutralize or destroy 

1\Ir. HENDEE. Sometimes work was done without any pa.rt~cula.r an amendment entirely, and yet to keep within the rule which says 

contract, except authorization given to do certain work~ and if the that words which have been inserted shall not be stric'ken out. 

result was so and so the payment should be so and so. 1\Ir. REAGAN. Rule 46 provides: 

Mr. THOMPSON. .Was not that au express contract Y • • 46 . .A:ny member may call for the division of a. question, before or after the mail) 

1\Ir. HENDEE. I Suppose the gentleman from Pennsylvarua. might question 't8 ordered, which sha'!l be divided if it compreb~nd propos!t~ons in substance so distinct that, one berng taken away, a substantive propoSition shall re- think it was and the Court of Claims might think differently· main for the decision of the Honse. A motion to strike out and insert shall be 

1\Ir. THOMPSON. I hope the expression "implied 11 will b.e s~i~ken deeT,lled indivisible; but a. motion to strike out being lost~ shall preclude neither 

out. The object of the amendment of the gentleman of ll~m01~ IS to amendment nor a motion to strike out and insert. . 

·define and limit the jurisdiction of this court. When you, m tblS sec- Mr. HUNTON. That does not touch this question. 

tion .propose the court shall take jurisdiction of contracts both ex- Mr. REAGAN. I cannot turn to it at this moment, but there is a. pres~ed and implied, without limit to the kind of contracts, the S?-b- distinct rule that a motion to strike out apart of that which has been 

1ect-matter of contracts, the time when made or how made, I t"!nnk inserted or to make additions to what has been inserted iB allowed. 

the purpose of limiting the jurisdiction. bas. been. onlY: partially 1\Ir. HUNTON. I think my friend from Texas must be mistaken,. 

reached. Only claims should be embraced 10 thiS section ansmg t;IP0 ll because when the motion to insert iB made that motion is subject toexpressed contracts. There should. be no other contract~ recogmzed. amendment, and the failure to amend the motion to insert puts it as. 

'fhe word "implied" should be stncken out. If anythmg has ~~en the judgment of the committe~ that the ~~rds th~ committee puts in 

done without authority and in violation of law, why should p~ovisio.n contain the sense of the committee, and It IS not 10 the power of t.hebe made for recognizing it and making it val~d t This sectiOn a~ It committee afterward to change that. 

now stands does that. Any man wh<? has 4ione work or done anyth~g Mr. REAGAN. I concede that; but this is to strike out a. part, not. which can be tortured into assumption on the part of the corporation the whole. 

as an implied contract is embraced in this. <?ne <!f the gr~at .tr~u~les Mr. HUNTON. The time to strike out any portion of the amendof the court will be in such cases to determme ·Its own JurisdiCtiOn ment was when the motion to insert was pending. 

and decide the character of cases in reference to which it shall give Mr. REAGAN. I am not sufficiently familiar with the rules toits decision. turn to them as I know them to be; but I know the.rule to be that 

Mr. HENDEE. I suppose, .Mr. Chairman, it i~ ~ot ~ecessary to after a motion to insert has been voted on the motion may be enterenter into a discussion on this floor as to the distmction between tained to strike out any part of it or to add to it, or to strike out the 

expressed and iinp.lied·contracts .. ~very good lawyer ought to know whole if connected with another part of the bill so that it is a difsomething about It. I suppose It IS a good rule of law that .a man ferent proposition. · What we cannot do is to .strike out wh.at has 

may reoover under an implied contract. It is a simple questiOn for been inserted in toto, because that would be voting a second ttme on the Court of Claims to say whether a claim arises under an expressed the same proposition; but anything which enlarges or diminishes. or implied contract, and if they decide that it is an implied ~ontrac~, what has been inserted may be entertained. 

that tlie party had authority to Elo the work and had don~ It a~d ts The CHAIRMAN. There is no rule which authorizes striking ont. entitled to his pay, he should have it allowed the same a..s If und~r a except tbQ rule the gentleman from Texas has referred to; and ~e· 

contract in writing. The object is to protect the Treasury ~gamst Chair holds it is not admissible at this time to entertain the motwn 

any invasion of the kind the .gentleman spea~s of, and I think the of the gentleman from lllinois, and therefore rules it out of order. 

amendment is in g~od form .and should pass as It reads. . l\Ir. CANNON, of Illinois. Then I move to strike out, in line 4, theMr. EDEN. I tbmk I prefer my own amendment to the substitute words ''origin~}lW,a.l and equitable." 

offered. by tlie aentleman from Vermont. I do not ~ow where the ' The CHAIR . The Chair will entertain that motion. 

words "implied contract" would lead to. It certainly would open . Mr. CANNON of Illinois. I make this motion for the purpose ox 

up a. wide field. . . " . . ., calling the atte~tion of the gentleman who reports this bill to theseMr. HENDEE .. I will strike o_nt the word 1mplied.' The.gen- words. so that be may make the committee ur:derstand, or at least. tleman shall have It as he wants It, and then the gentleman will pe one member of it what they mean. I for the life of me cannot tell~ 

hounded if he is here next Congress. . 1 cannot conceiv~ in thinking about it for a little while, of any posMr. EDEN. Fortunately I will not ~e herem ~be next Congress: sible equitable cl~im that caa exist against a municipal corporation 

Mr. HENDEE. I. sha~l not be here ettber, but if we were by str~- where. the.end of the judgment is a payment of the sum out of theing out the word "~ph~d" we wo?-ld ?e hounded by tllese parties Treasury of the United Stat.es. If that be true, then the wo~dB mean wl1o have these valid clru.ms under 1m plied contracts. . nothina. and if they mean notbin(J' there is no UBe in havm~ them 

Mr. HUNTON. I sug~est to the gentleman from. Vermont that if there· 0tbey are surplusage. On the contrary if it is intenct.ed by 

he strikes out the word ' implied" lie should strike out also the word "these 'words "legal and equitable" to enable parlies to enforce a class. 

"express" and simply.leave the wonl "?ontr!lct." of claims that might be conceived of a"ainst the District that are 

Mr. HENDEE. I will mad.e that modificatiOn. . not legal claims, then certainly the words do not belong there and 

Mr. THOMPSON. That will mean the same thmg. should be stricken out. 

Mr. HENDEE. Well, it is comJ?lOU sense. . Mr. :MAYHAlti. If there are no equitable claims that the court can, Mr. THOMPSON. That l~a~es It about wher~ It started. . . take cognizance of; if it be true, a!' the ~entleman says, there can be 

Mr. TOW~SHEND, o~ IllinOis. Let the sect10n be read as It wtll no equitable claims against a mu~ncipality, then the words can do ~O· be amended 1f the substttute be adopted. harm because ingenuity will be madequate to find a. case that w1ll 

The Clerk read as· follows: . come under the word "equitable." However, if there be claims in 

That the jwisdiction of the Court of Claims is hereby extende.d to, and it. s~all which a court of equity may be invoked against a municipality, then: have exclus1v~ or!-gina.lle~ral a.n? eq~~a.ble jurisdiction of, all c~ now\> extsting there is no reason why they should not respond in equity as well as. against the DlStnct of Colnmbla. ariBmg upon contracts made smce Fe rna.ry 21, • • • th t . .. t f th tb . ds . f there 1871 and not heretofore passe(l upon by some competent tribunal, and said court an mdivtdual; so a ~ ..,ny aspec o e. ca:se. e wo: , I 

shall have the same power, &c. be such cases, should be mcorporated and remam m the bill. If thero· 

Mr. CANNON, of Illinois. I desire to make a parliamentary inquiry. be none they can do n? h~m. . 

Have the amendments proposed by the committee to this section been l\Ir. C~NO~, of Illinois. Yes; bu~, Mr. Cbatrn~an, th.e gentle?Jan 

ado ted¥ is reportmg a bill here from his committee and askm~ this committee· The CHAIRMAN. They have been. to recomm~nd its passage to the House. At lea-st, it IS reported from 

Mr. HENDEE. They were amended before they were adopted. that committee. . . Mr. CANNON, of lllinois. I understand they were amended, but I Now, then, I offer this amendment for th~ purpose of ha;vm.g the 

did not understand that they had been adopted. · aentleman or some one else from tJ;te C.omrmttee for the DIS~ct o:fi 

The CIIA.IR..'\IAN. They•ha.ve been adopted, and this is an inde- Columbia. tell me what cla.ss of cla~s IS proposed to. be covered b:y; 

pendent amendment. tke words "legal and eqrutable claims." I am. not mformed upo11 
1879. OONGRESS~ONAL RECORD-HOUSE. 589 

that point. I g~t no information by the use of those words; and, as I said before, I cannot conceive what equitable claims they could 

(lover. I think the words ought to be stricken out unless the com- mittee can tell us what class of claims we are giving a status to in 

the court by the USA of those words. 

Mr. MAYHAM. There may be equities between the owner of a claim and the man who holds the claim aa·a trustee for another, and 

who might be in a position only to enforce his claim as the claim of au a <Tent or trustee. If my friend wants to know what class of equities 

could arise, there is none, and I do not propose to hunt for any. 

Mr. CANNON1 of illinois. The gentleman is not ingenious or happy 

in that illustratwn. If there be equities between the parties, there is no necessity for now conferring jurisdiction. They can go into a coill't of chancery and fight out their rights in equity without tl!is 

bill or independent of it. 

Mr. BURCHARD. If the geutleman will allow me, I would suggest one fact in connection :with this bill which occurs tt> me, and 

that is that the Cosrt of Claims has no equitable jurisdiction. The 

Court of Claims 'as at present constituted, as I understand tbe law, 

:fnd it was so decided in a case reported, I think, in 7Wa1Jace, has no equitable jurisdiction. 

I presume that the object of this amendment is to give the court 

jurisdiction and equity in cases relating to the District of Columbia as well as in law. If that is the intention, this bill does have that 

effect and the words are not surplusage. 

If the court ought not to have the juri~diction, then the words 

'Should be stricken out. As to the facts involved I have not examined 

them, lint I do know that the Supreme Court has decided that t.he 

Court of Claims has no equitable jurisdiction. 

Mr. HENDEE. Has the gentleman any objection to giving juris-

-diction in equity to the court f · Mr. BURCHARD. I have none. The question was t.aken upon the amendment offered by Mr. CA.l\'"NON, 

.of illinois, and it was not agreed to; there being on a division ayes 

14, noes not counted. · The Clerk read the second section of the bill, as follows: 

SEc. 2 . .All claims against the District of Columbia shall, in the first instance, 

'be prosecuted before the Court of Claims in the same manner, and subject to the same rulesi and with the same right of appeal. either by the District of Columbia or by the c aimant, and subject to the same rules and regulations as are prescribed 

uy law for appeals on behalf of the United States or claimants against the United 

States from the judgments of the Court of Claims: Provided, That the prosecution of a It claims shall bo commenced in the Court of Claims by, the filing of the petitiont of tllo claimant, as required by the rules and practice of said court, within six 

01onths from the passage of this act; and all clarms against the District of .Cohmuia now existing, and not so filed within said time, shall be forever barred, except in cases of claims owned and held by persons under legal disabilities, in which case such claims shall be in like manner barred unle commenced as aforesaid 

within six months after the expiration of such disability. 

1\ir. HENDEE. I move to amend that section by adding the word 

" such" after the word "all," in the first line; also, after the word "~ll," in the ninth line; and also after the word "all," in the twelfth 

line. 

The amendment was agreed to. 

The Clerk read the third section, as follows: 

SEc. 3. The Attomey·General of the United States shall' have authority, and it 

.slillll be his duty, to defend the District of Colombia against all claims against said 

District of Columbia, prosecuted in said Ceurt 'of Claims, and on appeal, in like manner as he is now by law required to defend the United States in said court, with 

the same power to interpose counter claims and offsets against claims, and with like 

power of appeal as in ·cases against the United States tried in_§llid court: Provided, 

'That all clauns predicated on certificates of the board of audit, or claims allowed 

by the late board of audit, but for which certificates were not issued, or certified measurements of the en~eer of the District of Columbia, which certificates have 

been made and filed pnor to the 1st day of January, 1878, shall have preference .over other cases against the District of Columbia prosecuted under this act before 

said court. 

The committee reported an amendment to strike out the proviso. 

The question was taken upon the amendment; and it was agreed to. 

The Clerk read the fourth section of the bill, as follows : SEC. 4. All laws now in force relating to prosecutions of claims against the United 

States in the Court of Claims shall apply as far as applicable to the prosecution, practice, hearing, and determination of claims against the District of Columbia, 

-authorized. to be prosecuted under the provisions of this act: Provided, That in all cases when such Court of Claims shall give judgment in favor of any claimant, 

said court shall, with their finding of facts, find and determine whether the terms of the contract under which such claim shall have originated required the pa.ymen t 'therefor in lawful money or in 3.65 bonds, and the judgment shall direct the pay- ment in accordance with the facts so found. 

The committee reported ~n amendment to insert after the words 

"this act," in line 6, the following: 

Pro-vided, That motions for a new trial shall be made by either party within 

twenty days after the rendition of the judgment : And prO'Videdjurthe~·, That in the 

trial of such oases no person shall be excluded 'aS a. witness in the same because 

ho or she is a party to or interested in the issue tried. 

Mr. KEIFER. Is that intended to take the place of the rema~der of the section f I would inquire whether it is necessary to make provision in this bill for parties testifying 'f I understand there is a gen-

-ernllaw of Congress that would cover that point. 

Mr. MAYHAM. I will answer the gentleman. I, too, had under-

~t.ood that th.ere .was ~ ge~er~l law author.izing parties to b~ sworn m nU cases tried m this D1strwt, but I am mformed that that law is 

not applicable to the Court of Claims. Jn civil or criminal cases before the supreme court of the District or the District_ court, the parties 

are by law privileged to be witnesses, but I am told that t'b.e con- struction of the Court of Claims is that that law does not extend to 

that court. 

Mr. KEll'ER. Thelawappliestoall thecourtsof the United States. 

Mr. MAYHAM. I suppose so, but I am told that an adverse con- struction ha.s been pnt upon it. 

.Mr. KEIFER. I see no reason why it should aot apply to the Court 

of Claims. 

Mr. MAYHAM. Nor do I, but I am told that that is the construction which has been put upon the_ law. 

The question was taken upon the amendment; and it was agreed to. 

Mr. KEIFER. I move now to strike out in lines 11 and 12 the words 

''and the judgment shall direct the payment in accordance with the 

facts so found." 

I offer this amendment becaW?e it is unnecessary to say it here. It 

is not necessary to direct how the judgment shall be paid in 3.65 bonds 

because if section 5 remains unaltered the effect of the judgment will 

be just the same, whether these words are in the bill or not; bot further 1 desire to have these words stricken out because I expect to ofter an amendment to section 5, and with these words stricken out and 

my amendment adopted the whole bill will be consistent in all respects. 

I do not believe that the judgments in this class of claims against 

the District of Columbia should stand upon any higher or better 

ground for payment than the other judgments to be rendered by that 

court in the cases of claims against the United States. Let them take 

the sam'b course. Let the condition of the Treasury be looked to. If 

judgments shall be rendered in favor of claimants under this bill, 

should it become a law, let them be certified to Con~ress as in other 

classes of claims that are now being considered by tnat court. The 

condition of the Treasury may be such that Congress sh~uld have 

something to do with directing the payment of these judgments. 'Ve 

will be entering on an entirely new policy if we adopt that proposed 

to be established by this bill . :Mr. MAYHAM. In reference to the first objection, and to the proposition to modify this section, it seems to me that the proposed modification would work irreparable injury. In the first place, certain 

contracts were made which were required to be paid in 3.65 bonds. 

Sometimes those bonds are not at par with the currency of the United. 

States. Now, it is due to the Government of the United States and 

to the District that such contracts shall be paid in the bonds contemplated by the contracts. Now, if these judgments are to be made as money judgments, they would be a Q.irect bill upon the Treasury either 

of the District or of the Government of the United States. It is to 

guard against that contingency and to give contractors what they 

contracted for that it was deemed necessary and proper to put this 

provision into the bill. 

:Mr. KEIFER. I desire to m:::.ke one further suggestion. 

The CHAIRMAN. Debate upon the pending amendment has been 

exhausted. . Mr. CANNON, of Illinois. I move to strike out the last word, and 

will yield my time to the gentleman from Ohio, [:Mr. KEIFER.] 

Mr. KEIFER. I do not want to be understood as opposing the 

policy of paying these coutractors in the bonds which they agreed to 

take; that is not the question. What I desire is that Congress shall 

have the power after the judgments are rendered of regulating the 

issuing of the bonds or the payment of the money. My prpposition 

is not to require these judgments to be paid in currency; I have no such object in view. But I want Congress to· have the control of the 

issuing of these bonds after the judgments have been rendered. I 

therefore have moved to strike out the words in this section which I 

have indicated, in order that it may be in harmony with what I hope 

will be done in reference to section 5: 

Mr. MAYHAM. Will the gentleman allow me to ask him a questionf 

• Mr. KEll'ER. Certainly. . Mr. MAYHAM. How will Congress know, or how can the Treasury 

know that these judgments are payable in bonds, unless the decree so determines f · 

Mr. KEIFER. If the gentleman who had charge of the blll had 

remembered the language of the bill he would not have asked me that question. The bill itself provides that the judgments in favor 

of the claimants shall" find and determine whether the contract under · which such claim shall have originated required the l?ayment thereof # 

in lawful monev or in 3.65 bonds.'1 

Mr. MAYHA:r\1. Exactly. 

Mr. KEIFER. And I do not propose to strike out any portion of 

that languaO'e. 

Mr. MAYHAM. That is, the "court shall with their finding of 

facts" so determine. Now, I insist that that finding shall also be incorporated in the decree as well. 

Mr. KEIFER. It is incorporated in the finding, but I do not want the 

court to stat-e anti direct what I desire to'have reserved to Congress, 

that is, that the judgments shall be paid in bonds or in currency. .My 

object is to put this class of claims in the court upon the same footing 

that all the other claims against the United States occupy. There 

may be such a condition of thin~s when these judgments are rendered 

that the treasmy of the District of Columbia can pay them, and 

thereby will oo·avoided the necessity of our putting our hands into 

the Treasury of the United States a~d paying these claims. I desire 
590 OONGRESSION.AL RECORD~H.OUSE. 

simply and solely to put these claims upon a par and only upon a par 

with all other claims against the United St!l>tes. · Mr. BLACKBURN. I desire to give notice now that from this time on I shall insist upon the enforcement of the rules. We are now con- sidering this bill under the :five-minute rule.- Any gentleman has a right to offer any amendment, even toough it be pro forma; but he 

has no right to withdraw such amendment except by unanimous con- sent. I shall insist upon a vote being taken upon every amendment 

offered to this bill from this time forward. 

The CHAIRMAN. The question is upon the pro f01'nta amendment 

offered by the gentleman from Illinois, [Mr. CANNON,] to strike out 

the last word. 

Mr. CANNON, of lllinois. I withdraw that amendment. 

Mr. BLACKBURN. I object. Let it be voted upon. 

The amendment of Mr. CANNON, of lllinois, was not agreed to. 

The question was then taken upon the amendment of Mr. KEIFER; 

and it was not agreed to, upon a division-ayes 12, noes 70; no· further count being called for. 

Section 5 of the bill was then read, as fo.llows : 

SEC. 5. H no appeal be taken from the jnd~ent and determination of the Court 

of Claims in cases provided for in this act, Within the term limited by law for appealing from the Judgments of said court, and in all cases of final judgments oy the Court of Clrums, or on appeal by the Supreme Court, where the same are affirmed in favor of the claimant, the sum due thereby shall be paid, as hereinafter 

provided, by the Secretary of the Treasury, out of any moneys in the Treasury not otherwise appropriated, if the same be payable in money, and. if_Jiayable in 

3.65boc.ds, the same shall be issued: Pro"L'ided, That no payments shalL be made, 

either in mone~ or bondR except upon the presentation to the Secretary of the 

Treasury of a copy cf said judgment, certified by the clerk of the Court of Claims 

and signed by the chief justice, or, in his absence, by the presiding judge of said court. 

The Committee for the District of Columbia reported the following as an addition to section 5: 

And providedfurthe'r, That all moneys paid by the Treasurer of the United States on any judgment.or judgments rendered by the Court of Claims under the provisions of this act sball be charged by tho Treasurer of the United States against the 

District of Columbia, and said Treasurer shall reimburse the United States Treas- ury for such payments ont of any money in the Treasury of the United States belonging to the District of Columbia. not otherwise specifically appropriated. 

Mr. EDEN. As a substitute for the amendment of the committee, 

I move to amend by striking out all after the word "claimants," in 

line 6, and inserting in lieu thereof the following: 

The clerk of the Court of Claims shall transmit to the Honse of Representatives a list of the judgments of the court, together with all the evidence taken in all the cases, for the fuither consideration of Congress : Provided, That no judgments shall 

be paid under this act until such judgments shall be authorized by Congress. 

The object of this amendment is to bring before Congress the judgments.wbich may be rendered by the Court of Claims under this bill, 

together with all the evidence taken, so that Congress may determine 

for itself the merits of the claims. This is the course we pursue in 

reference to claims examined by the commissioners of claims. All 

the awards made by those commissioners are certified to Congress, 

together with all the evidence. These awards, with the evidence, go 

before the proper committee of the House, who, after examination, 

make report; and the. House then determines whether or not the 

judgznents of the commissioners shall be paid. I think the same rule 

shoUld be adopted in reference to these District claims which will be · passed upon by the Court of Claims. 

This is the course pursued also in reference to claims passed upon 

by the Quartermaster-General and the Commissary-General. The Secretary of the Treasury reports all these cases to Congress, together 

with the evidence ; ·and as to claims thus reported, as well as to those 

submitted by the commissioners of claims, it is often found necessary 

to refuse payment of some of the claims. 

No harm can be done by keeping this power in our own hands. If 

any question of fraud or anything of that sort should arise after the 

adjudication of the court, it will be within the power of Congress tb 

det~rmine whether these judgments should be paid. As a matter of 

course, if upon proper consideration payment appears to Congress to 

be proper, the necessary appropriation will be made. 

Unless an amendment of this kind be adopted, just ·so soon as the 

Court of Claims has rendered judgment and the chief-justice of the 

court has certified that judgment to the Secretary of the Treasury, 

the money will be taken out of the Treasury and the claim paid. I 

think there is no necessity for such extreme haste in the payment of 

these claims. It seems to me much safer to allow the claims to be 

reported to Congress so that, should any question arise as to whether 

fraud has been perpetrated upon the court, Congress may take suitable action. 

Mr. HENDEE. The argument of the gentleman from lllinois [Mr. 

EDENJ is very peculiar. He likens this proceeding before the Court 

of Clarms to the examination of cases by the southern claims commissioners. But in the latter case the trials are almost entirely ex pa1·te. 

The commissioners send their agents through the country to gather 

testimony, and then pass upon the claims without any notice of the 

hearing or anything of that kind. Hence~ perhaps it becomes judi- cious that Congress should exercise a controlling power over the findings of those commissioners. 

But the present bill recognizes an existing court and pro'\"ides for 

full trials in which both parties will submit their evidence and be 

beard by counsel; and then this court, a court of competent jurisdiction, is to render judgment. What a curious idea, that Congress shoulcl 

constitute itself a court of appeal from a judicial body which has fully 

tried a case co~g regularly before it. · The gentleman says that he does not see the necessity of haste in this 

matter. Why, sir, we have kept these parties out of their money for 

the last seven or eight years; and now what does the gentleman propose f That when the parties have had a full and free trial before a court which -is recognized as one of the leading courts of the United 

States-a court established. for the examination of questions of this. 

kind-the findings of the court shall be submitted to Congress, andt 

these men be kept out of their money for two or three years more air. 

the caprice of this body. This appears to me entirely unjust. Wben.: a 'judgment has been rendered by a court of competent jurisdiction, and the law provides means by which that judgment shall be paid,. Congress should have nothing further to do with the matter. ·Mr. EDEN. The gentleman will allow me to suggest that up to. 

1860-I believe that was the year-all the judgments of the Court of' 

Qlaims were reported to Congress together with the evidence ; and it. depended entirely upon the will of Congress whether those judgments. were paid or not. · Mr. HENDEE. And at the time mentioned by the gentleman c·o•-

gress saw the foolishness of such a. proceeWng and repeated the law.- which provided for it. · The question being taken on the amendment of Mr. EDEN· 1lo the. amendment reported by the committee, it was not agreed to; there, being-ayes 30, noes not counted. 

The Clerk read as follows : 

SEc. 6. The Secretary of the Treasury is hereby authorized to demand of tile 

sinking-fund commissioners of the District of Columbia so many of the 3.65 bonds as may be necessa.ry for the payment of the judgments adJndgoo to be payable in 

said bonds; and sa1d sinking-fund· commissioners are hereby directed to issue and• deliver to the Secretary of the Treasury the amount of 3.65 bonds required to sat-: isfy the awards payabie in such bonds and ito more, which bonds shall be received t by said claimants at par in paTIDent of such claims: Provided, That the gross . amount of such bonds heretofore and hereafter issuild shall not exceed in the aggre- ~ gate tl5,000,000. 

The CHAIRMAN. An amendment r('ported by the Committee for. the District of Columbia to this section will 'be read. 

The Clerk read as follows: 

Strike out the word "commissione~ " and insert the wel:d "clnlllPissioner," in1 

~~~~ . The amendment was agreed to. 

lfr. EDEN. I offer the following amendment, to COD).e in at the, close of the section. 

The Clerk. read as follows: 

Provided, That no money shall be paid onto£ the Treasury under thiB ~t whe~ 

under the law the claimants would be entitled to 3.65 bonds. 

Mr. MAYHAM. I have no objection to accept that amendmen~. 

Mr. BLACKBURN. While the Clerk is writing down tl,lo n.men<1-: ment, I merely wish to say, Mr. Chairman, that the Committee for 

the District of Columbia regard that amendment as surplusage. The 

bill provides for the payment in 3.65 bonds. But the committee 

offer no objection to it. If it be the pleasure of the committee to 

adopt it, we are willing to let it go. • The amendment was agreed to. 

The Clerk read section 7, as follows: 

SEc. 7. In all cases prosecuted under the provisions of this act it shall be the 

duty of the claimant, after the commencement of said actionsJ to prosecut~ the.m in said court diligently; and in all cases when any case bas ooen reached in its 

order on the calendar, and the trial thereof has been unreasonably delayed by the 

claimant, the said court may, on motion of the .Attorney-General, on notice to the 

claimant, or his counsel, attorney, Oi solicitor, dismiss said claim ; and such dismissal or final judgment on any claim shall be a conclusive bar against any further 

prosecution of such claim before any cofi!t. or tribunal whatsoever. 

The CHAIRMAN. The Clerk will now read the amendment of the 

committee. 

The Clerk read as follows: 

.After the word " diligently," in line 4, insert the following: ~And after any issue 

of Ja.w or of fact shall be joined in any case, the Attorney·General sbail have 

power to plaoo the same on the trial calendar of said court for trial." 

The ame;A;ft was. agreed to. 

Mr. :MAY . I move now that the committee rise Wld report 

the bill to the House with the amendments. 

The motion waa agreed to. 

The committee accordingly rose; and the Speaker having resumeC\ 

the chair, Mr. HARTZELL reported that the Committee of the Wh~le. 

on the state of the Union had, according to order, had under cons\d:- eration a bill (H. R. No. 4810) to provide for the settlement of au;: 

outstanding claims against the District of Columbia, and conferri,iig_ 

jurisdiction on the Court of Claims to hear the same, and for othel'. p~rposes, and had directed him to report the same back to the :f\ouse, w1th s:undry amendments. · l\Ir. BLACKBURN. I demand the previous question on the bi_l.\an~ 

amendments. · · 

The previous question was. seconded and the main question ordered. 

The SPEAKER. If there be no objection the amendments will be. rea-d, and members will designate the ones on which they d~1>ire a. separate Yote. Is there objection to that suggestion Y 

Mr. BLACKBURN. We accept the suggestion of the Chair most 

willingly. ' 

The amendments were read, and agreed to in gross. 

Mr. BLACKBURN moved to reconsider the vote by which, the amend-
1879. CONGRESSIONAL RECORD-HOUSE. 591 

ments were agreed to ; a.nd also moved that the motion to reconsider 

be laid on the table. 

The latter motion was agreed to. 

The bill, as amended, was then ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third 

time. . The question recurred on the passage of the bill. 

The Honse divided; and there were-ayes 73, noes 20. 

Mr. COBB demanded the yea.s.and nays. 

The SPEAKE.R. The yeas and nays are not ordered. 

Mr. REAGAN. No quorum has voted, and I demand tellers on the 

yeas and nays. 

Mr. BLACKBURN. I sincerely hope that point will not be insisted on. Mr. REAGAN. A quorum has not voted, and it is necessary to have 

the yeas and nays. 

Tellers were ordered; and Mr. REAGA...~ and Mr. MAYHAM were appointed. 

The House divided; and the tellers reported-ayes16, noes 131. 

So (one-fifth not having voted in favor thereof) the yeas and nays were not ordered. · The bill was passed. 

Mr. BLACKBURN 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. 

DISTRICT BUSL'{ESS. 

Mr. DURHAM. I move the Honse adjourn. 

Mr. BLACKBURN. I ask my colleague to withdraw the motion 

for a moment. · Mr. DURHAM. I will yield to my colleague. 

Mr. BLACKBURN. I do not intend to trespass further on the 

patience of the House, but in view of the fact there is but one day more left to the District of Columbia, and not intending to move a recess in order that we may go on with the consideration of that busi- ness to-night, which I know gentlemen here do not desire, I wish to 

ask unanimous coDBent that Thursday, January 3Q, be set apart for 

the consideration of the business for the District of Columbia, after 

the hour of two o'clock, under the provisions of the rule setting apart 

to-day after two o'clock for that business. 

There was no objection, and it was ordered accordingly. 

FORESTRY. 

The SPEAKER, by unanimous consent, laid before the Honse the 

following : · 

To the HoU8e of Representatives: 

ln·answer to resolution of the ·Honse of Representatives of the 16th instant, re- questing the Commissioner of Agriculture to forward to the House any facta or statistics in his office on the subject of forestry hot heretofore reported, ~ies of 

the same, with accompanying J>apers received from the Commissioner for this purpose, are herewith transmitted. 

R. B. HAYES. EXECUTIVE MANSION, J.anua;t<yjJJ, 1879. 

The message was referred to the Committee on Agriculture, and 

ordered to be printed. 

• NAVAL APPRENTICES. 

Mr. KIMMEL. I ask, Mr. Speake~, by unanimous consent that House 

bill No. 2240, to amend sections 1417, 1418, 1419,1420, and 1624 of the 

Revised Statutes of the United States, relating to the Navy, be made 

the special order for Thursday, .January 30, after the reading of the 

Journal and before two o'clock, tLlready set apart for the District busi- ness. The SPEAKER. The Chair understands the bill has been reported 

from the Committee on Naval Affairs. 

Mr. WHITE, of Pennsylvania. Let it be read. 

Mr. WHITTHORNE. It simply refers to the enlistment of a-pprentices on training-ships of the United States Navy. That is all there 

js of it. 

Mr. CONGER. Let the bill be read. 

The bill was read. 

Mr. WHITE, of Pennsylvania.. If there be no objection the bill 

might be pa.ssed now under a suspension of the rnles. 

The SPEAKER. A motion to suspend the rules is not in order, as t here is one already pending. 

Mr. WHITE, of P.ennsylvania. Let it be passed by unanimous con- sent. 

:Mr. BURCHARD. Let it go over, and let the special order, as suggested by the gentleman from Maryland, be agreed to. · Mr. KIMMEL. I hope that course will be taken. 

Mr. Knn!EL's motion, by unanimous consent, was agreed to. 

:&"ffiOLLED BILLS SIGNED. 

Mr. RAINEY, from the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled a bill of the 

following title; when the Speaker signed the same : An act (S. No. 109) defining the manner in whi.ch certain land-scrip 

may be assigned and located or applied by actual settlers, a.nd pro- viding for the issue of patents in the name of the locator or his l~al 

representatives. 

Mr. KENNA. frollJ. the Committee on Enrolled Bills, reported that 

the committee had examined and found truly enrolled a bill of the> 

following title; when the Speaker signed the same : An act (H. R. No. 5501) making appropriations for the payment o:ft 

invalid and other pensions of the United States for the year endin'g: 

June 30, 1880. WITHDRAWAL OF PAPERS. 

Qn motioJ?- of :Ur.E:VINS,of South Carolina, by unanimous consent,. leave was given to Withdraw from the files of the House papers in the 

claim of James L. Barnwell, there being no adverse report thereon. 

On motion of Mr. JONES, of New Hampshire, by unanimous cQnsent, leave was given to withdraw from the files of the House papers 

in the case of James T. Elliott ; there being no ad verse report thereon. 

On motion of Mr. CLARK, of New Jersey, by unanimous consent, 

leave was given to withdraw from the Committee on Military Affairs 

papers in the case of William A. Coulter; there being no adverse re- port thereon. 

LEAVE TO PRDI"T. 

By unanimous consent, leave was granted to Mr. CuMMINGS to 

have printed in the REcoRD remarks on .the state of the Union i a.nd 

to Mr. CULBERSON to have printed in the RECORD some remarks on the bill to provide for the organization of the Territory of Oklahoma. 

[See Appendix.] 

BARRACKS AT ACSTL.~, TEXAS. 

The SP~R, by unanimous consent, laid before th~ House a letter from the Secretary of War, relative to a bill making appropriations for the repair of the Government barracks at Austin, Texas; 

which was referred to the Committee on Military Affairs. 

L. M. BLACK. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting papers in the claim of L. M. Black; which was referred to the Committee of Claims. 

:MOBILE HARBOR. 

The SPEAKER also laid before the Honse a letter from the Secretary of War, transmitting report of Captain A. N. Darnell, Corps of 

Engineers,·_on improvements to the Mobile Harbor; which was re- ferred to the Committee on Commerce. 

COAST AND GEODETIC SURVEY. 

:The SPEAKER also -laid before the House a letter hom the Secretary of the Treasury, transm.itting a communication from the superintendent of tlle. Coast and Geodetic Survey relative to the cost of 

certain classes of work of the survey; which was :referred to the 

Committee on Appropriations, and ordered to be printed. 

OVERFLOW OF DELAWARE :RIVER. 

The SPEAKER :~olso laid before the House a letter from the Secretary of War, transmitting a letter of Chief of Engineers relative ro estimates of amount required for protection from overflow of sites of 

fortifications on the Delaware River; which was referred to the Committee on Commerce. 

SURVEY OF YELLOWSTONE RIVER. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting report of survey of the Yellowstone River; 

which was referred to the Committee on Commerce. 

FORT SYELLING. 

The SPEAKER also laid before the House a letter from the Secretary of War, recommending the appropriation of $100,000-for the 

construction of buildings for the military headqnarte:rs at Fort Snelling, Minnesota; which was referred to the Committee op. Appropriations. . CIVIL TRIAL OF HOSTILE CHEYENNES. 

The SPEAKER also laid before the House a letter from the Secretary of War, in reply to House resolution asking certain information 

in relation to the civil trial of hostile Cheyennes; which was referred 

to the Committee on Indian Affairs. 

FORT PREBLE RESERVATIO:N. 

The SPEAKER also laid before the House a letter from the Secretary of War, relative to the extension of the reservation at Fort. Preble, Maine; which was referred to the Committee on Military 

Affairs. CERTIFIED CLAD!S. 

The SPEAKER also laid before the Honse a letter from the Secretary of the Trea.sury, transmitting, in compliance with section 4 of" 

the act of June 14, 1878, schedule of claims certified to be due by the 

several accounting officers of the Treasury Department; which was. referred to the Committee of Claims, and ordered to be printed. · · 

ESTIMA.TES FOR 1879. 

The SPEAKER also laid before the House a letter from the Secre-- tary of the Treasury, transmitting estimates of appropriations re- quired ·by the various Departments to complete the service of the ·fiscal year ending June 30, 1879; which was referred to the Committee, on Appropriations, and ordered to be printed. 

WUISVILLE A...~ PORTLAND CA...~AL. 

The SPEAKER also laid before the House a letter from the Secretary of War, transmitting report of Major Godfrey Weitzel, Corps of" 

Engineers, on the superintendence, management, and repair of the> 
592 CONGRESSIONAL RECORD-HOUSE. JM"'UARY 20, 

Louisville and Portland Canal for the year ending December 31, 1878; 

which was referred to the Committee on Commerce, and ordered to 

~e printed. 

REPRESE...'ITA.TIOX L.'{ HOUSE OF REPRESEXTA.TIVES. 

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

6124) to secure to the people of each State equal and just representation in the House of Representatives; which was referred to the 

Committee of Elections, and ordered to be printed. 

Mr. SPRINGER. I ask unanimous consent that this bill and the 

accompanying statement be printed in the RECORD. 

Objection was made. 

Mr. SPRINGER. I ask gentlemen at least to allow the statement 

.to be printed. · Several MEMBERS. No! No l 

Mr. SPRINGER. Who objects ! 

Mr. WHITE, of Pennsylvania. I object, for one. Mr. DURHAM. I renew the motion that the House do now adjourn. 

The motion was agreed to; and accordingly (at five o'clock p.m.) 

the Honse adjourned. · 

PETITIONS, ETC. 

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

under the rule, and referred as stated: 

By Mr. ALDRICH: The petition of Finney Brothers and 33 other 

fums, of Chicago, lllinois, for legislation that will make ships, steamers, and other vessels, liable for certain debts contracted by their 

owners, masters, clerks, stewards, or otl!er agents; and for the relief 

of tug-owners, dry-dock owners, ship-chandlers, ship-carpenters, and 

stevedores-to the Committee on Commerce. 

By Mr. BALLOU: The petition of Mary Austin, for a pension-to 

the Committee on luvalid Pensions. 

By .Mr. BELL : The petition of John McGinnes, of similar import-to the same committee. 

By Mr. BREWER: Papers r.elating to the pension claim of Willington V. Heusted-to the same committee. 

Also, papers relating to the olaim. of William R. llorse, for additional compensation as an officer in the United States Army-to the 

Committee on Military Affairs. · By Mr. BUNDY : The petition of Mrs. B. Hathaway and 56 others, 

o0f Delaware County, New York, for the enforcement of the antipolygamy law-to the Committee on tho Judiciary. 

By Mr. BURCHARD : The petition of William 1\I. Church, for a pension-to tho Committee on Invalid Pensions. 

By 1\Ir. BUTLER: The petition of· James C. Daggett, for increase 

of pension-to the same committee. 

Also, the petition of Francis F. Lnnt, for a pension-to the same committee. 

Also, the petition. of Charles D. Gilmore, of similar import-to the . same committee. 

Also, the petition of George 1\I. Hobbs and Elizabeth S. Barrett, 

guardians of Dwight A. Barrett, insane, for arrears of pension-to the same committee. 

Also, the petition of Oliver L. Wheeler, for a pension-to the Committee on Revolutionary Pensions. . Also, the petition of George W. Cluff, for compensation for property captured from him by a hostile tribe of Indians, September 23, 

18i.7-to the Commjttee of Claims. 

Also, the petition of Benjamin F. Pike, of Biddeford, Maine, formerly of Company F, Sixteenth Maine Volunteers, for pay due him 

while nnd.ergoiBg sentence of court-martial-to the Committee on Military Affairs. . Also, the petition of Patrick and Claron Hogan, for the correction 

of their military record-to the same committee. 

Also, the petition of E. E. Stimpson and others, citizens of Haverhill, 

Massachusetts, for the change of the name of the Cana-dian steamer 

City of Fredericton to City of Haverhill, :;tnd issue of an American 

register-to the Committee on Commerce. 

Also, the petition of the Women's Christian Temperance Union, of 

Bellerica, Massa-chusetts, for favorable action on the Senate bill providing for a commission of inquiry concerning the alcoholic liquor 

traffic-to the Committee on the Judiciary. . Also, the petition of Sarah Blanchard and other women, of Tyngsborough, Massachusetts, for such legislation as will make effective the 

anti-polygamy law of 1862-to the same committee. 

By Mr. CAMPBELL: The petition of women of Cambria County, 

Pennsylvania, of similar import-to the same committee. 

By 1\Ir. CARLISLE : The petition of William Stone Abert, for relief 

from tax for repaving Pennsylvania avenue, Washington, District of 

Columbia-to the Committee for the District of Columbia. 

Also, the petition o~ Captain Henry Marcotte, for a higher rank on 

the retired list United States Army-to the Committee on Military 

Affairs. 

By Mr. CLARK, of New Jersey: The petition of women· of White 

House, New Jersey, for legislation making effective the anti-polygamy law of 1862-to·the Committee on the JudiCiary. By Mr. CRAPO: The petition of Joseph B. Macy, Allen Coffin, and 

215 others, cit~zens of Nantucket, Massachusetts, for an appropriation 

tor the improvement oi the harbor of Nantucket-to the Committee on Commerce. 

~y.Mr. DffiRELL: Th~ petitionof Beverley Kennon, for an appropnatiOn to test the effiCiency of a patent for a "counterpoise battery for the protection of cannon in coast defense and the :field, also on board iron-clad vessels for river and harbor defense-to the Committee on Military Affairs. · 

By Mr. DUNNELL: The petition of Louisa C. Williamson and 253 otherla~es, of Owato11na, Minnesota, for legislation to make effective 

the anti-polygamy law of 1862-to the Committee on the Judiciary. 

Also, the petition of J. E. Cady and others, of Minnesota, for leO'-

islation against the adulteration of sweets-to the Committee of Ways and Means. 

By Mr. DWIGHT: Resolutions. of the assembly of New York, Ol>· 

posing the passage of the Army reorganization bill, or so much thereof as relates to the manufacture of ordnance storeR-to the Committee on Military Affairs. 

AI o, the _petition of Mrs. M. 1V. Stryker and 34 other ladie , of 

Ithaca, New York, for legislation that will make effective the antipolygamy law of 1862-to the Committee on the Judiciary. 

By Mr. EDEN: The petition of Mrs. Sarah Maya and 8 other ladies, 

of Westfield, lllinois, of similar import-to the same committee. 

By Mr. EWING: The petition of George H. Bethard, for an increase 

of pension-to the Committee on Invalid Pe.lilsions. · By Mr. FOSTER: The petition of Simon Lantz and othe:rs, of Sandusky County, Ohio, against extending the Birdsell clover-huller patent-to the Co~ittee on Patents. 

By 1\!1'. FRYE: The petition of Abbie L. Bodfish, that her war claim 

be re-referred to the southern claims commission-to the Committee on War Claims. 

By Mr. GOODE: The petition of Elizabeth P. Page, widow of Captain Hugh N. Page, formerly ofthe United States Navy, that a certain sum of money due to her late husband may be llaid to her-to the 

Committee on Naval Affairs.. · By Mr. HART: Papers relating to the claim of John KeUy for com- pensation for the occupation and use of Exchange Hotel, Norfolk, 

Virginia, and for losses in 1863 and 1864-to the Committee of Claims. 

By Mr. HARTZELL: The petition of J. H. Brown and 49 other 

teachers, of Randolph County, Illinois, for the appointment of a com- mission to inquire into the propriety of a simplification of English 

orthography-to the Committee on Education and Labor. · By Mr. HENRY: The petition of citizens of Talbot County, Maryland, for an appropriation to remove obstructions to the navio-ation 

of Tread Haven Creek, near Easton Point, Maryland-ta th•tCommittee on Commerce. 

ByMi. HEWITT,ofNewYork: ResolntionoftheChamberof Com- merce of the Stat~ of New York, in regard to establishing a signal 

station on Block Island-to the Committee on Appropriations. 

By Mr. HUBBELL: The petition of James Lasley, George C. Ketcbem, and 500 other persons interested in the navigation of Lakes Huron 

and Michigan, for an appropriation to c.onstrnct a breakwater at Mackina", Michigan-to the Committee on Commerce . By Mr .. JONES, of New Hampshire: The petition of Harriet Flagg, for a pension-to the Committee on Invalid Pensions. · By 1\Ir. JOYCE: The petition of Mrs. L. H. Kellogg and 'other ladies, 

of Benson, Vermont, for legislation thalt will make effective tho antipolygamy law of 1862-to the Committee on the Judiciary. 

By Mr. LUTTRELL: The petition of Reed & Dougherty, of San 

Francisco, California, for pay, out of the Japanese indemnity fund, 

for damages sustained by them by reason of the action of Japanese 

officials in refusing to allow them to enter one of the l>orts of JaRan, 

in accordance with the Kanagawa treaty of 185G-to the Committee on Foreign Affairs. . By Mr. MAISH: The petition of 186 women of New Cumberland, 

Pennsylvania, for legislation to make effective the anti-polygamy law 

of 1862-to the Committee on the Judiciary. 

Also, the petition of General William W. Averill, to' be placed on the retired list of the Army as a brigadier-general-to the Committee on Military Affairs. 

By Mr. McGOWAN: The petition of .James S. Upton, William 

Brown, and Henry M. Sttong, composing the Upton Manufacturing 

Company of Battle Creek, Michigan, against the extension of the 

Birdsell clover-huller patent-to the Committee on Patents. 

Also, the petition of Mrs. Ann E. Corless and 17 other members of 

the Latter Day Saints Church, of Branch County, Michigan, for legislation to make effective the anti-polygamy law of 1862-to the 

Committee on the Judiciary. 

By 1\Ir. McKINLEY: The petition of 96 women of Carioll County, 

Ohio, of similar import-to the same committee. 

By Mr. MONEY: The petition of Bernhard Saunders, for a pension-to the Committee on Invalid Pensions. 

By l!Ir. NORCROSS: The petition of Maria Lewi , Mary A. Hall. 

ancl other women, of "\Yare, Massachusetts, for legislation to make effective the anti-polygamy law of 1862-to the Committee ou the 

Judfciary. · · By Mr. OLIVER: The petition of Mrs. C. B. Smith and 9li other 

ladies, of Iowa, of similar import-to the same. committee. 

Also, the petition of E. J. Hartshorn and 90 others, citizens of Palo 

Alto County, Iowa, for such modification of the. patent laws as that 

innocent purchasers of patented articles may be protected-to the 

Committee on Patents. 

By Mr. OVERTON: The petition of citizens of Pennsylvania, that 
• 

18'19. CONGRESSI0NAL RECORD-SENATE. 593 

a. pension be granted Andrew J. Horton-to the Committee on In- sentatives of Israel Dodge, deeeased,·was read twice by its title, and 

valid Pensions. referred to the Committee on Private Land Claims. 

By Mr. POTTER: The petition of ladies of Dobb's Ferry Presby- ' EXECU~ COl't:DI"GNICATIONS. 

terian church, Westchester County, New York, for such le~lation The VICE-PRESIDENT laid before the Senat& a communication as will make effective the anti-polygamy law of 1!36'2-to tne Com- from the Secretary of War, transmitting a letter from the Chief of 

mittee on the Judiciary. · Engineers, covering a copy of a preliminary report from Captain A. 

By Mr. PRICE: The petition of th~ Women's Christian ':fe~per- N. Damrell, Corps of Engineers, on the survey being made in accord- 'mce Union and 33 others of Charles City, Iowa, for a comiDlSston of ance with an item in the river a!ld harbor act of June 18, 1878, proinquiry concerning the alcoholic liquor traffic-to the same commit- vi ding for the improvement of the Mobile Harbor; which was referred 

ooe. · to the Committee on Commerce, and ordered to be printed. By Mr. RANDOLPH: The petition of Enoch Seal, for back pay and He also laid before the Senate a communication from the Secretary 

bounty-to the Committee on Military Affairs. of War, transmitting a lett.er from the Chief of Engineers and a copy 

By Mr. REAGAN: The petition of Enoch Davies, R. T. Aycock, of a report of Major C. R. Suter, Corps of Engineers, on the result of 

Robert Keen, and 102 others, for an appropriation of $15,000 to im- an examination, maae in compliance with the requ,irements of sec- prove the canal connecting Galveston Bay and the Brazos River-to tion 2 of the river and harbor act of June 18, 1878, of the Missouri 

the Committee on Comm.occe. River at and near its junction with the Kansas River, and the estiBy Mr. RYAN: The petition of women of Carbondale, Kansas, for mated cost of its improvement; which was referred to the Committee 

legislation to make ea:e~tive the anti-polygamy law of 1862-to th~ on Commerce, and ordered to be printed. 

Committee on the JudiCiary. · COURTS IN COLORADO. 

By Mr. SAPP: The petition of ladies of Cass County, Iowa, of sim- The VICE-PRESIDENT. The Chair will call the attention of the ilar import-to the same committee. ~ . Also, the petition of ladies of Tabor, Iowa, and vicinity, of similar ~nator froiD; Vermont [Mr. E~M~-ns] to ~he. bill (S. N?.,763) ~ p~o- import-to the same committee. VIde for holdin~. terms of the crrcmt and district. courts m the ~~ct 

By Mr. Sl\IITH, of Pennsylvania : The petition of the Legislature of Col?rado, Which was report~d from the Co~ttee o~ the J udimary 

of Oregon, for an appropriation of $35'0,000 for the improvement of and laid o!l the table some trme ago, on which he WlShed. to make 

Coos Bay-to the Committee ori Commerce. ~~orne mot10n. . . . , Aljo, the petition of G. Westinghouse & Co. and others, against ·· Mr. EDMUNDS. I think I moved at that t1me that ~he Senate dl8-

the extension of the Birdsell clover-huller patent-tO the Committee agree to the amen~ent of the Honse of Representatives and ask a on Patents. conference, and .I thmk th!l't was ordered. The message should have · Also, the petition of manufacturers of lasts, citizens of New York, been sent. I said that owmg to the absence of the S~nator from ~olagainst the extension of the shoe-last patent of Nathaniel Jonea-to orado [Mr. T:ELLE~] I would. move a confe;rence, whiCh would brmg 

the same committee. the ma~er to a pomt where It ~uld b~ disposed of one way or the , By Mr. STONE, of Michigan: The petition of Samuel Wooldridge, otlie~ without delay .. I had the rmpress10n that that o~derwas m~e, 

for remuneration for losses sustained by an alleged unlawful prosecn- and m that ca~e the bill sh?uld go back to the-House w1th that actJOD. 

tion by United States officials-to the Committee of Claims. of the Senate m regard to It. . . By Mr. TUCKER: 'l'he petition of J.D. Tucker, to have refunded Th~ VICE-PRESIDENT was, by unammous consent, authorized to 

to him certain sums alleged to have been improperly collected from appomt the conferees on the p~ of. the Senate;, and Mr. Co~KLING, 

laim by United States revenue officials-to the Committee of Ways Mr. HoWE, and :Mr. DAVIS of lllino1a were appomted. 

ana Means. . PETITIONS ~-n 1\IEl\IORIALS. 

By Mr. VAN VORHES: The petitien of. Colonel Robert E. Phillips Mr. HOAR. I present the petition of Dr.~. A. Hagen, professor of 

and 50 others, of Middleport, Ohio, for the correction of the company natural history at Harvard University; Professor Smith, of Yale Colrolls of the First Minnesota Battery, to correspond with the affidavits lege; P.R. Uhler, ~e president of the Maryland Academy of Science, 

of Captain Clayton and others, now on file in the War Department- and-· several other distinguished entomologists of the United States 

to the Committee on Military Affairs. connected with various universities and the Government, praying 

By Mr. WAIT: The petition of Eliza Bin~ham and 85 others, citizens that the work of Professor Townsend Glover, illustrating the insects 

of Sprague, Connecticut, for such legislatiOn as will make effective of the North American Continent, may be purchased. This work is 

the anti-polygamy law of 1862-to the Committee on the Judiciary. offered to the Government by Professor Glover at the price of the . Also, the petition of S. A. Williams and 32 others, citizens of Sa).em, engravings which accompany it, without imposing as a condition any 

Connecticut, of similar import-to the same committee. compensation to him for his large lahor. I can say, from a personal 

Also, tfie petition of Mrs. Alfred White and others, citizens of Gro. examination of Professor To,wnsend Glover's work, that it is of the 

ton, Connecticut1 of similar import-to the same committee. ve-ry greatest importance in disclosing the habits and the means of · Also, the petitiOn of Mrs. Alva A. Hurd and others, citizens of Scot- extermination of the insects injurious to vegetation. 

land, Connecticut, of similar import-to the same committee. I also present Professor Glover's own memorial proposing to transBy Mr. WIGGINTON: The petition of T. T. Hannah and 185 others, fer the entomological works to the Government at the cost of the 

for legislation requiring au inquiry into and definition of the acts of engraved plates; and I call the special attention of my friend, the 

July Z7, 1866, -and June 28, 1870, granting lands to the Southern Pa- chairman of the Committee on Agriculture, to this inatter. 

cifio Railroad' Company of California-to the same committee. I move that the petition and the memorial which I have presented 

By Mr. WILLIS, of Kentucky: Papers relating to the bill for the be printed and referred to the Committee on Agriculture. 

relief of F. Stitzel-to the Committee of Ways and Mea.ns. The motion was agreed to. 

Also, a paper relating to the bill for the relief of James H9pwood- Mr. McPHERSON presented a memorial of the religions Society 

to the Committee of Claims. of Friends of the States of Pennsylvania, Delaware, and New Jersey, Also,.papers relating to the bill for the relief of Edward B. Clarke- remonstrating agatnst the transfer of the Indian Bureau from the 

to the Committee for the District of Columbia. · Department of the Interior to the War Department; which was • Also, papers relating to the bill for the relief of W. L. Carey-to referred to the select committee to consider the subject of the trans-

' the Committee on War Claims. fer of the Indian Bureau to the War Department . . Also, papers relating to the pension claim of Mrs. Sallie T. Ward- Mr. WHYTE presented the petition of R. H. Flower and others, 

to the Committ-ee on Invalid P~nsions. citizens of Howard County,.Maryland, praying for the passage of the 

bill (H. R. No. 4234) granting arrears of pension; which was ordered 

te lie on the table. 

IN SE&.TE. 

TuESDAY, Jamtary 21, 1879. 

Prayer by the Chaplain, Rev. BYRON SUNDERLANl), D. D. 

The Journal of yesterday's proceeCilings wa~ read and approved. 

HOUSE BILLS REFERRED. 

The following bills, receiv~ from the Honse of Representatives, were severally read twice by their title, and referred to the Committee on the Judiciary: 

A bill (H. R. No. 850) for the relief of Daniel W. Perkins, of East 

Saginaw, Michigan; and • A bill (H. R. No. 4553) for reviving and contin$g the court of 

commissioners of Alabama claims, and for the distribution of the un- appropriated moneys of the Geneva award. - · The bill (H. R. No. 2160) for the relief of the heirs of Samuel P. 

Todd, deceased, late a purser in the United States Navy, was read 

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

The bill (H. R. No. 58611 for the relief of the heirs ancllega.l repreVIII-38 

Mr. PATTERSON. I present a petition of citizens Qf the Territog of Dakota, praying the passage of the bill providing for an additiOnal associate justice for the supreme court of the Territory of 

Dakota. I will state that th~ ·bill providing fer such an additional 

judge has been reported by the committee favorably, and this petition sets out in full the reasons why the bill should pass. I move that it be printed f9r the information of the Senate, ancllie upon the 

table. 

The motion was agreed to. 

Mr. CONKLING. I have just received a petition from numerous citizens in New York, merchants and-ship-owners, prayin~ relief in a respect which they state in the legislation to ·be had toucning the so- called Geneva award. I move its reference to the Committee on the 

Judiciary. 

The motion was _agreed to. · . 

Mr. HOWE presented additional papers in support of the bill (S. 

No. 15.SG) granting a pension to Fannie Lull; which were referred to 

the Committee on Pensions. 

Mr. JOHNSTON presented the petition of Dr. Asa Wall, of Virginia, praying far the removal of his political disabilities; which was referred to the Committee on the Judiciary. 

•