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1890. CONGRESSIONAL REOORD-HOUSE. 8813 

whole British organiza.tion is obliged to take money out of the people 

after the fashion of a poll-tax, man by man. The British tariff is only on four classes of articles, leaving out gold and silver plate, which is 

a small matter here. It is on the liquors, and on the tobaccos, and on the coftee and on the tea, and the duty is the same. It is not an ad 

valorem duty, it is a specific duty, and the poor man uses just about as many pounds of tea and as many pounds of coffee and about as many pounds of tobacco as the rich man. The rich man will smoke $2 a pound tobacco and the poor man will 

smoke 25 cents a pound tobacco, and each will pay his 10 or 15 cents 

duty, or much higher than that. It is 10 cents on tea. So, as nearly as they can make it, it is a poll-tax. In the same manner there is a revenue upon liquors, etc. The rich people do not pay anything, I 

tell the Senator from North Carolina, for buying silks or tapestries or embroideries. 

l\Ir. VANCE. They make them pay an income tax? 

Mr. HAWLEY. Yes; that is the only case where they aim to get 

something out of the rich man. But, as I say, that is too much of a temptation. I can not go into it now. 

There being no objection, the bill (S. 4312) to provide American 

registers for the steamers Stroma and Marco Aurelia was considered as in Committee of the Whole. 

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

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

THE REVENUE BILL. 

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. 9416) to reduce the revenue and equalize duties on imports, and for otMr purposes. 

The PRESIDENT pro tempore. The yeas and nays having been or- dered on the pending amendment, is the Senate ready for the question? 

Mr. ALDRICH. I move that the Senate adjourn. 

The motion was agreed t-0; and (at 6 o'clock and 6 minutes p. m.) 

the Senate adjourned until to-morrow, Wednesday, August 20, 1890, 

at 10 o'clock a. m. 

HOUSE OF REPRESENTATIVES. 

BUSINESS OF THE SESSION. TUESDAY, .Attgttst 19, 1890. 

Mr. HOAR. I ask leave to give a notice. I desire to have printed , C 

for the information of the Senate two amendments which I propose to • D T~e House met at 12 o clock m. Prayer by Rev. J. H. UTHBERT, 

offer to the resolution submitted by the Senator from Pennsylvania • · . d d ed 

[Mr. QUAY], which I desire to give notice of now, and have them The Journal of the proceedmgsof yesterday was rea an approv • 

printed. CHANGE OF REFERENCE. 

The PRESIDENT pro tempore. The amendments will be received, if The SPEAKER. The letter of the Secretaryot the Interior embodied 

there be no objection. Co I alid Mr. BLAIR. Let them be read. in Executive DocnmentNo. 457 was sent to the mmittee on nv: 

Mr. HOAR. One of them is a substitute for which I gave notice the Pensions, but should have been referred to the Committee on Military other day. Affairs, as it relates only incidentally to invalid pensions. In the ab- sence of objection, the change of reference will be made. COURTS IX :\IISSOURI. 

Mr. ALDRICH rose. Mr. VEST. I anticipate the motion of the Senator from Rhode 

Island, and I ask him to let the tariff bill be laid aside for a moment 

until I can report a bill which I am compelled to ask the passage of 

this afternoon. 

1\1r. ALDRICH. J yield to the Senator from Missouri for that purpose. 

Mr. VEST. I am authorized by the Committee on the Judiciary to 

report a bill favorably; and I desire to say a word in regard to the exigency of its passage. 

It is a bill entirely local, in regard to holding a term of the Federal 

court in October in Kansas City or in Springfield, Mo., and nnless the 

bill is passed now it will create great confusion and delay. The bill was drawn at the instance of the judge of the coart and I ask for its 

present consideration. 

The bill (S. 4335) to change the time of the sessions of the circuit 

and district courts for the western district of Missouri was read tbP-

.first time by its title. 

The PRESIDENT pro len~pore. The Senator from Missouri asks that 

the unfinished business may be informally laid aside that the bill just 

reported from the Committee on the Judiciary may be considered. It 

will be read at length for information, subject to objection. 

The bill was read the second time at iength, and considered as in 

Committee of the Whole. 

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

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

CHARLES F. :BOWERS. 

The PRESIDENT pro tempore laid before the Senate the following 

message from the President of the United States, which was read: To thB &mrite of the Un iterl States: In compliance with a resolution of the Senate of the 5th instant (the House of 

Representatives concurring) I return herewith the bill (S.1293} entitled ".A.nact 

for the relief of Charles F. Bowers." 

BENJ. H.A.RRISO!\. EXECUTIVE 1\lL'iSIOX. Jime G, 1890. 

The PRESIDENT pro tempore. This message has been lying on the 

table. The bill to which it refers was defective in containing no provision for an appropriation, and a bill upon the same subject has been 

passed containing the clause that was omitted. If there be no objection, the Chair will direct the signature of the President of the Senate 

to be erased, anrl the bill will then be returned to the House of Represeniatives. The Chair hears no objection. 

STE.A.MER STRO::\IA A.ND l\IARCO AURELIA. 

Mr. GIBSON. I ask leave to call up a bill reported from the Committee on Commerce by the chairman of the committee this morning, 

with a recommendation that it pass. It is a bill to provide a register 

for the steamers Stroma and Marco Aurelia. These two steamers were 

wrecked in the Gulf of Mexico and they were repaired at the expense 

of more than two-thirds of their value, and under the law would be 

entitled to this register from the Treasury Department, but theywere 

wrecked more than three miles from the shore. and therefore it re- quires an act of Congress, which is recommended by the Committee on Commerce. I ask for the present consideration of the bill, which 

is Senate bill 4312. 

"' ,. 

, ' 

There was no objection, and it wa.s so ordered. 

ANN BRYAN. 

The SPEAKER laid before the House a message from the President of the Unit.ed States, returning, in compliance with the concur- rent resolution of the House of the 23d instant, the bill (H. R. 5702) 

granting a pension to Ann Bryan. 

Mr. MORRILL. Mr. Speaker, I move that this bill be recommitted 

to the Committee on Invalid Pensions. 

The motion wa.s agreed to .. 

PRIVILEGES, LIBRARY OF CONGRESS. 

The SPEAKER also laid before the House the resolution (S. R. 116) 

extending the privileges of the Library of Congress to the members and 

secretary of the Interstate Commerce Commission. . M:r. O'NEILL, of Pennsylvania. Mr. Speaker, I ask unanimous 

consent to take up this resolution for present consideration, a~ the 

House committee has reported a similar resolution in identically the same terms. · 

The SPEAKER. The joint resolution will be read. 

The Clerk read as follows: · 

Beil resolved, etc., That the Joint Committee of Congres.'t on the Library be 

a.uthorized to extend the use of the books in the Library of Congress to the 

members and secretary of the Interstate Commerce Commission resident in 

Washington, on the same conditions and restrictions as members of Congress are allowed to use the I~ibrary. 

l\Ir. O'NEILL, of Pennsylvania. I am also authorized by the com- mittee to offer the following amendment. 

The Clerk read as follows: 

.A.mend by inserting, a.fter the word" Commission," in the fourth line, the 

words "and the Chief of Engineers of the Corps of Engineers, United States 

Army." 

The amendment was adopted. 

The joint resolution as amended was ordered to a third reading; and 

being read the third time, was passed. 

The title was amended to conform. 

Mr. O'NEILL, of Pennsylvania, moved to reconsider the vote by 

which the joint resolution was passed; and also moved that the motion 

to reconsider be laid on the table. 

The latter motion was agreed to. 

ENROLLED BILLS SIGNED. 

Mr. KENNEDY, from the Committee on Enrolled Bills, reported 

that they had examined and found truly enrolled bills of the following 

titles; when the Speaker signed the same: 

A bill (H. R. 8584) to increase the pension of Edward Healy; 

A bill (H. R.10126) making appropriations for the current and con- tingent expenses of the Indian Department, and for fulfilling treaty 

stipulations with various Indian tribes, for the year ending June 30, 

1891, and for other purposes; and 

A bill (H. R. 11491) for the relief of the estate of Charles F. Bowers. 

FOG-SIGNAL, BOOTH :BAY HARBOR. 

Mr. DING LEY. Mr. Speaker, I ask unanimous consent to discharge 

the C-0mmittee of the Whole House on the state of the Union from the 

further consideration· of the bill (S. 3064) to establish a fog-signal at 

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8814 CONGRESSIONAL -RECORD-HOUSE. AUGUST 19,-

or near Cuckold's Islandt at the entrance to Booth Bay Harbor, other-11\Niorgan, 

WI.Se ' d H bo M · d t 't 'ts orton, known as Townsen ar r, ame, an pu I upon l passage. Oates, 

Richardson, Stockdale, Rogers, Stone, Mo. 

Rowland, Struble, 

Wheeler, Ala. 

Wike, 

Wilkinson. 

WiJliams, Ill. 

Wilson, Mo. 

'Yilson, W. Va. 

The bill was read at len~tb. O'Ferrall, 

Mr. DING LEY. This is recommended by the Light-House Board, ~a1nter, 

and unanimously by the Committee on Commerce. This is on a dan· R~ui;Y, 

gerous reef . 

Saye1'R, T1usney, Skinner, Tillman, 

]).Ir. McCREARY. ?t1r. Speaker, I object to the consideration of the 

bill. 

Mr. DINGLEY. Let me state to the gentleman that this is on a 

dangerous reef, where there have been already three shipwrecks. The 

Light-House Board are an.uous for its construction, and I hope the objection will be withdrawn. 

1\1 r. DOCKERY. Is this classed among the indispensables? 

Mr. DINGLEY. The Light-Honse Board called my attention to it 

again on ye terday because of tbe fact that a shipwreck bad but recently taken place there, and it is regarded as absolutely necessary for 

the safety of commerce on that coast. I hope the objection will be 

withdrawn. 

The SPEAKER. The gentleman from Kentucky objects. 

NATHANIEL M'KAY ET AL. 

.Mr. THOl\IA.S. Mr. Speaker, I move to Jay on the table the motion 

to reconsider the vote by which the Senate bill (No. 846) for the relief 

of Nathaniel McKay and the executors of Donald McKay was passed. 

Mr. SPRINGER. Is it in order to raise the question of consideration against the motion ? 

The SPEAKER. It is not. 

Mr. SPHL~GER. Why? 

The SPEAKER. Because it is a motion to lay on the table and is on 

a privileged motion. 

Mr. SPRINGER. Bnt the question of consideration can be raised 

against any privileged motion, even against the ri~bt of a member to 

his seat. Does the Chair hold that it can not be done now ? 

The SPEAKER. It can not be done. 

Mr. ROGERS. !rise to aquestion of order. Weareabsolntelyuna.ble to hear what is goin~ on. The Chair has not stated the proposition of tho gentleman from Wisconsin. 

Tbe SPEAKER. The Chair will state that the gentleman moves to 

lay on the table the motion to reconsider the vote by which the Senate 

bill for the relief of Nathaniel McKay was passed. 

Mr. ROGERS. Now we understand what it is. 

Mr. THOMAS. It is Senate bill 846. 

Mr. SPRINGER. And I have endeavored to raise the question of 

consideration, but the Speaker holds that it can not be raised against 

this motion. 

Mr. DOCKERY. Against this bill. 

Mr. SPRINGER. Yes, against this bill. I suppose '.lgainst any 

other bill it could be raised. 

The SPEAKER. The question is on the motion to lay on the table 

the motion to reconsider. 

The question. was taken. 

Before the announcement of the result, 

Mr. THOMAS demanded the yeas and nays. 

The yeas and nays were ordered. 

The question was taken; and there were-yeas 93, nays 79, not 

voting 155; as follows: 

Adams, 

Allen, Mich. 

Anderson, Kan.CJ. 

Atkinson, Pa.. 

Baker, 

Banks, 

Ba.rttne, 

Bayne, 

Belknap, 

Bingham, 

Boothman, 

Brosius, 

Buchanan, N. J. 

Burrows, 

Burton, 

Butterworth, 

Caldwell, 

Cannon, 

Carter, 

Cheatham, 

Cogswell, 

Conger, 

Connell, 

Cummings, 

Bankhead, 

Barwig, 

Bland, 

Bliss, 

Blount, 

Breckinridge, Ky. Brickner, 

Brookshire, 

Brown,:J. B. 

Brunner, 

Bunn, 

Bynum, 

Candler, Ga.. 

YEAS-93. 

Dalzell, 

Dingley, 

Dorsey, 

Dunnell, 

Evans, 

Farquhar, 

Flick, 

Funston, 

Gear, 

Gest, 

Grosvenor, 

Hall, 

Hansbrough, 

Haugen, 

Henderson, ID. 

Henderson, Iowa 

Hermann, 

Hill, 

Houk, 

Kennedy, 

Ketcham, 

Kinsey, 

Lacey, 

Laidlaw, 

Lawler, 

McCormick, 

McDuffie, 

McKinley, 

Moffitt, 

Moore, N. H. 

Morey, 

Morrill, 

Morse, 

Niedringhaus, 

O'Donnell, 

O'Neil, Mass. 

O'Neill, Pa. 

Osborne, 

Owen, Ind. 

Owens, Ohio 

Payson, 

Penington, 

Post, 

Quinn, 

Raines, 

Ray, 

Reed, Iowa 

Rowell, 

NAYs-79. 

Carlton, 

Caruth, 

Cheadle, 

Chipman, 

Clarke, Ala. 

Cle:xnents, 

Comstock, 

Cooper, Ind. 

Culberson, Tex. 

Dibble, 

Dockery, 

Ellis, 

Fithian, 

Forman. 

Forney,· Goodnight, Grimes, 

Hatch, 

Hayes. 

Haynes, 

Heard, 

Henderson, N. C. 

Hitt, 

Holman, 

Kerr, Iowa LaFolle~, 

Russell, 

Sawyer, 

Scull, 

Simonds, 

Smyser, 

Stockbridge, 

Stone, Ky. Sweney, 

Taylor, E. B, Taylor, Tenn. 

Thomas, 

Thompson, 

Turner, Kans. 

Vandever, 

Waddill, 

Walker, 

Wallace, N. Y. 

Wiley, 

Williams, Ohio 

Wilson, Wash. 

Yardley. 

Lane, 

Lanham, 

Lester, Ga. 

Lewis, 

l'tfaish, 

McClammy, 

McClellan, 

McCreary, 

Mcl\lillin, 

McRae, 

Mills 

Monigomery, 

Moore, Tex. 

Springer, Turner, Ga. 

Stewart, Tex. Venable, 

~OT VOTING-155, 

Abbott, Crisp, Alderson, Culbertson, Pa. 

Allen, Miss. Ct:Jtclleon, Anderson, Miss. Dargan, Andrew, Darlington, Arnold, Davidson, ii..tkinson, ,V, Va. De Haven, 

Barnes. De Lano, Beckwith, Dickerson, Belden, Dolliver, Bergen, Dunphy, Biggs, Edmunds, Blanchard, Elliott, Boatner, Enloe, Boutelle, Ewart, Bowden, Featherston, Brewer, Finley, Breckinridge, Ark. Fitch, Brower. Flood, Browne, T. M. Flower, Browne, Va. Fowler, Buchanan, Va.. Frank, Buckalew, Gelssenhainet, Bullock. Gib on, Campbell, Giftord, Candler, l\lass. Greenhalge, Ca.CJ well, Grout, Catchings, Hare, Clancy, Harmer, Clark, Wis. Hemphill, Olunie, Herbert, Cobb, Hooker, Coleman, Hopkins, Cooper, Ohio Kelley, Cothran, Kerr, Pa. Co~ert, Kilgore, Cowles, Knap!}, Craig, Lansing, Crain, Laws, 

Lee, 

Lehlbach, 

Lester, Va.. 

Lind, 

Lodge, 

:Magner, 

:Mansur, 

Martin, Ind. 

Martin, Tex. 

l\Iason, 

McAdoo, 

McCarthy, 

~JcComas, 

McCord, 

McKenna., 

Miles, 

l\Iilliken, 

:Morrow, 

l\Iudd, Mutchler, 

Nute, 

O'Neall, Ind. 

Onthwaite, 

Parrett, 

Payne, 

Peel, 

Perkins, 

Perry, 

Peters, 

Phelan, 

Pickler, 

Pierce, 

Pugsley, 

Qnackenbusb, 

Randall, 

Reyburn, 

Rife, 

Robertson, 

Rockwell, 

Rusk, 

Sanford, 

Scranton, 

Seney, 

Sherman, 

Shively 

Smith, i:u. 

Smith, W. Va. - Snider, 

Spinola, 

Spooner, 

Stahlnecker, 

Stephenson, 

Stewart, Ga.. 

Stewart, Vt. 

Stivers, 

Stump, 

Taylor, Ill. 

Taylor, J. D. 

Townsend, Colo. 

Townsend, Pa. 

Tracey, 

Tucker, 

Turner, N. Y, 

Van Schaick, Vaux, 

Wade, 

Wallace, Mass. 

'Vashington, 

Watson, 

Wheeler, Mich. 

Whiting, 

Whitthorne, 

Wickham, 

'Villcox, 

Wilson, Ky, Wright, 

Yoder. 

So the motion to reconsider was laid upon the table. 

The following-pairs were announced from the Clerk's desk: 

Until further notice: 

Mr. EWART with Mr. STUMP. 

Mr. v AN SCHAICK with Mr. p ARRET'l'. 

Mr. LEHLBACH with Mr. COTHRAN. 

Mr. ARNOLD with Mr. MAGNER. 

Mr. SCRANTON with Mr. STAHLNECKER. 

Mr. PETERS with Mr. MANSUR. 

l\f.r. GROUT with Mr. FITCH. 

Mr. CoOPER, of Ohio, with Mr. MAISH. 

Mr. BOUTELLE with Mr. HERBERT. 

Mr. RANDALL with Mr. SPINOLA. 

Mr. THOMAS M. BROWNE with Mr. w ASHINGTON. 

:Mr. BAKER with Mr. ELLIOTT. 

Mr. CANDLER, of Massachusetts, with Mr. STEWART, of Georgia. 

Mr. DE HA VEN with Mr. BIGGS. 

Mr. WILSON, of Kentuckj, with Mr. PERRY. 

Mr. SPOONER with Mr. DARGAN . 

.Mr. MCKENNA with Mr. CLUNIE. 

Mr. TAYLOR, of Tennessee, with Mr. O'NEALL, of Indiana. 

Mr. BELDEN with Mr. FLOWER. 

Mr. FRANK with Mr. DICKERSON. 

Mr. DE LANO with Mr. DUNPHY. 

Mr. SANFORD with Mr. RUSK. 

Mr. STEPHE..~SON with l\Ir. DAVIDSON. 

Mr. Lr~""D with Mr. PIERCE. 

Mr. NUTE with Mr. BARNES. 

Mr. STEWART, of Vermont, with Mr. BLANCHARD. 

Mr. PERKINS with l\Ir. KILGORE. 

Mr. SMYSER with Mr. SENEY. 

Mr. FINLEY with Mr. CANDLER, of Georgia. 

l\Ir. WRIGHT with Mr. GEISSENHAINER. 

l\Ir. ATKINSON, of West Virginia, with Mr. ALDERSON. 

Mr. TOWNSEND, of Pennsylvania, with Mr. MARTIN, of Indiana, ex- cept the Atkinson railroad bill. 

Mr. MILLIKEN with l\Ir. ABBOTT. Mr. Mn.LIKE..~ reserves the right 

to vote to make a quorum and the right to vote on the original-pa.ck· 

age bill. 

Mr. BECKWITH with Mr. CAMPBELL. 

Mr. CULBERTSON, of Pennsylvania., with Mr. VAUX. 

Mr. HARmm with Mr. LEE. 

Mr. BELKNAP with Mr. ANDERSON, of l\fississippt 

Mr. WHEELER, of Michigan, with Mr. CoRB. 

Mr. BOWDEN with Mr. McCARTHY. 

Mr. BROWNE, of Virginia, with Mr. LEsT.ER, of Virginia. 

Mr. McCoMAs with Mr. GIBSON. 

Mr • .MOB.ROW with Mr. WHITTHORNE. 

Mr. JOSEPH D. TAYLOR with Mr. YODER. 

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1890. CONGRESSION~:: RECORD-HOUSE. 

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8815 -

Mr. LAIDLA w with Mr . .ALLEN, of Mississippi. 

Mr. BREWER with Mr. Hoo.KER. 

Mr. GIFFORD with Mr. HARE. 

Mr. WATSO!lf with Mr. McAnoo. 

Mr. TUCKER with l\!r. GREENHALGE. 

Mr. SHER:\f:AN with Mr. WILEY. 

Mr. CoLE~AN with Mr. MARTIY, of Texas. 

Mr. BERGEN with Mr. llEMPHILL. 

Mr. MILES with Mr. KERR, of Pennsylvania. 

Mr. SNIDER with Mr. BOATNER. 

Mr. CLARK, of Wisconsin, with Mr. COWLES. 

Mr. CRAIG with Mr. OUTHW AITE. 

Mr. LODGE with Mr. ANDREW. 

Mr. PAYNE with Ur. BUCHANAN, of Virginia. 

Mr. SMITH, of West Virginia, with Mr. BULLOCK. 

Mr. TOWNSEND, of Colorado, with Mr. ENLOE. 

Mr. REYBURN with Mr. TRACEY. 

, 

Mr. CUTCHEON with Mr. MUTCHLER, on all political questions, for 

this day. 

Mr. HOPKINS with }')!r. SHIVELY, on this vote. 

Mr. STIVERS with Mr. CoVERT, on all political questions, until Friday 

next. 

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

ALIEN LAND-OWNERS. 

The SPEAKER. The morning hour begins at 12 o'clock and 50 minutes. The Clerk will state the pending question. 

Mr. CARTER. In the absence of the gentleman from.Arizona. [Mr. 

SMITH], who is pa.rticularly interested in the pending bill, I would ask 

that it be passed without pr~judice. [Cries of "Regular order!','] 

Mr. SPRINGER. What do I understand is the order of busmess? 

Mr. CARTER. The bill pending at the close of the last morning 

hour was the bill introduced by the gentleman from .Arizona [Mr. 

SMITH], having in view the repeal of the alien land law in so far as 

that law applies to the ownership of land in the Territories. 

Mr. SPRINGER. Mr. Speaker, I rise to a question of order. What 

is the bill before the House? It seems to me that the q nestion should 

be stated. 

The SPEAKER. Will the. gentleman from Montana [Mr. CARTER] 

give the number of the bill? 

Mr. SPRINGER. The question should be stated before debate begins. We ought to have the bill read. 

The SPEAKER. The bill has been read once and has bP;en partly 

debated. 

l\fr. SPRINGER. When was that done? 

The SPEAKER. During the last morning hour. 

Mr. SPRINGER. It has been so long since we bad a morning hour 

that I bad forgotten about it. 

The SPEAKER. It bas been quite a long while. [Laughter.] 

Mr. SPRINGER. Therefore I call for the reading of the bill. 

Mr. CARTER. I have sent for a copy of the bill. Mr. Speaker, on the 31st of July, 1886--

:Mr. SPRINGER. What date does the gentleman state? 

Mr. CARTER. On July 31, 1886--

Mr. SPRINGER. Was that the last time we had a morning hour? 

[Laughter.] 

Mr. CARTER. The gentleman was in the House at that time, and 

I presume he is the best witness on that subject. 

Mr. BUCHANAN, of New Jersey. Will the gentleman from Montana permit me to suggest that the gentleman from Illinois has been 

absent so much of late that his inquiry is excusable? [Laughter.] 

ML CAUTER. On the 31st of July, 1886, the bill relatin:z to alien 

land-owners in the Territories passed the House. It was sweeping in 

its terms. Only ten minutes were allowed for debate. The bill as it 

ps.55ed the House read as follows: 

Be it enacled, de., That no non-resident, alien, or foreigner, nor anyThe SPEAKER. The gentleman will suspend. The Clerk will re- port the title of the bill. 

The Clerk read as follows: 

A bill (H. R. 4654) to amend chapter 340, United States Statutes at Large, vol- ume 21. Forty-ninth Congress, and to promote and encourage mining. 

The SPEAKER. The gentleman from Montana will proceed. 

Air. CARTER. The bill sought here to be a.mended is not the bill 

which was originally passed by this House. The House bill was very 

hastily passed, after very slight consideration, and was thereafter 

amended in th·e Senate. The reading of the report followed the readtng of the bill, and this report constituted the principal basis upon 

which the House acted at tbat time. 

Mr. Speaker, July 31, 1886, the bill relating to alien land-holders in 

the Territories passed the House. It was sweeping.and illiberal in its 

terms. Only ten minutes were allowed for debate. The bill as passed 

read as follows: 

Be it en4Cled, etc., That no non-restdent. alien, or foreigner, nor any resident, 

alien, or foreigner who he.snot declared his intention to become a citizen of the 

United States, nor any corporation or association, where at most one-tenth of 

its stock or right of property is owned or controlled by aliens or foreigners, ehaU acquire or own, hold, or possess, by right, title, or descent accruing here-

-- . .. ·. 

after any real esta.te in any of the. Territories of the United States: Pt·ovided, 

That the provisions of this act shall not apply to the real estate necessary for 

the construction and opel'ation or any railroad. 

The readina of the report followed the reading of the bill, and from 

that source w°e secure all obtainable light on the motives which actuated the House in passing it. A careful perusal of that report, which 

will be found extended at large in the RECORD (volume 82, page 7830), 

discloses solicitude for the preservation of the agricultural lands of the 

Territories for citizens of the United States. Agricultural lands are expressly mentioned as the portion of the public domain sought to be 

protected by Congress from alien owuership. Every argument advanced in favor of the bill was clearly and distinctly applicable to farminO' lands alone. Even to extend the logic of the- report to grazing and -

tu;ber lands would be forced construction. 

Beyond agricultural, timber, an_d graz~g lands it is .clearly eviO:ent 

the committee had not expfored m seeking to determine the possible 

effects of the measure. With justifiable earnestness the committee 

emphasized the duty of the Government to its people in preventing 

the acquisition of title to large tracts of farming lands by alien mndIords. To the end that the danger in this direction might not be underestimated the report specifically points out certain ~lien ~di vidnals 

and corporations as allej?;ed owners of tracts of land m this ~ountry, 

varying in extent from 5, 000 to 3, 000, 000 acres, and aggregating over 20 000 000 acres in all. To this is added a. supplemental statement 

to 1the 1effect that smaller holdings not specifically enumerated would, 

if considered, make the grand aggregate sum up over 30, 000, 000 acr.es. In .passing, I may cite as a somewhat 'strange and not wholly ir;isignificant fact that the report does not show that one acre of lalld in 

any Territory was held by any alien or foreign corporation, except as to one land grant held by the Holland Company in New Mexico. The 

alien holdin!?B, as far as the report shows, were in Texas, Florida, Mississippi, Arkansas, Kansas, Wisconsin, and West Virginia. To ~ese 

and other States the bill was not made to apply. It seemed entirely 

aO'reeable to pass a law prohibiting the investment of foreign capital 

e~erywhere except in t~e ~tricts of~he vo.ting mem~ers. This.pro1!~ ably acc~unts for th.e hm1ted attention given th.e bill at the time u 

passed. 

The gentleman from Alabama. [Mr. OATES) offered an amendment 

when the bill was under consideration, extending its operations to the 

States, which amendment was very promptly voted down. But with 

the wisdom of the bill or the general limitations to its operations as 

to the property it was intended to control, we are not concerned at this 

time. I believe, as applied to agricultural, grazing, and timber lands-, 

it was a wise law when amended by the Senate and finally enacted, but 

I insist that mines of gold, silver, lead, tin, cinnabar, or copper were not in cont~mplation at the time the law was passed,.and this view the 

report clearly and unmistakably sustains. 

Mr. OATES. Will the gentleman allow me a question? 

Mr. CARTER. Yes, sir. 

Mr. OATES. I understand from a member of the Committee on Rules, to which I sent a resolution some time ago, that they are in 

favor of fixing a date tor the cansideration of a bill which is now upon 

the Calendar, reported from the Committee on the Judiciary, to regulate this matter, or, rather, to prohibit the holding and owning of land 

by aliens in the United States. It is not an absolute prohibition, but 

rather a regulation of that matter. Would it not be better to postpone this, as we hope to have the other measure considered at an early 

day, and then consider the whole question together? 

Mr. CARTER. I am not satisfied that a postponement of this matter would be at all wise, for the reason thatin the consideration of the 

bill to which the gentleman refers I am satisfied that the question of 

excluding mining property in the States from its operation will be duly 

considered when that bill colhes up. AB I understand the gentleman's 

proposition, it is not to repeal or modify or in any manner to dispose of 

existing law, but to extend its operation. 

Mr. OATES. One other question. 

Mr. CARTER. Permit me. In the pending bill we did not interfere with the existin_g law in so far as it relates to agricultural lands, 

timber lands, or any lands that could, under existing law, be acquired 

in broad areas; but we do insist that foreign <'.apital should not be discouraged or prohibited from seeking investment in the precarious industry of developing mines in this country, and that objection would 

obtain against the bill introduced by the gentleman as well as to ex· isting Jaw? . Mr. OATES. The bill, as I understand it, is t-0 allow foreignem, 

a.liens, to invest their money in mines and mining operations. 

Mr. CARTER. That is the purpose of the bill. 

Mr. OATES. Is not the evil of which you complain the fact that 

the law against aliens is held to operate only in the Terri tori es, and not 

in the States, and that thereby it discriminates against the mining industries of the Territories? Is not the purpose of your bill to prevent 

that discrimination? 

Mr. CARTER. That is the objection we have to it-that it discriminates against the mining industries of the Territories. 

Mr. OATES. If there was a general law extending to the States as well as to the Territories, would not that to a great extett relieve t~ 

evil of which yon complain, if it be an evil? 

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Mr. CARTER. Inasmuch as the bill proposed by the gentleman, 

the coIIBideration ofwhich is contemplated in the near future, does not 

amend this defect in the existing law which we here seek to remedy, we can not comprehend how delerring the present consideration of this 

bill will in any way tend to remedy the defects, since his proposed bill 

does not reach them, and therefore we prefer to have a vote upon this 

bill. 

Mr. OATES. It would be open to amendment and the whole question would be open to the Honse. 

Mr. CARTER. We present this bill on its merits. 

Mr. BUCHANAN, of New Jersey. Before the gentleman resumes the thread of his argument I desire to ask him a question. From his 

opening sentences, I underst.and him to favor the repeal of the law so far as it applies to mining property. Would not the effect of such a repeal be to make it possible for English capital, you may say, or foreign capital, to own every lead mine in the United States or any other 

character of mine? 

Mr. CARTER. In reply to that, I will suggest that for a century 

prior to the enactment of this law the privilege stood wide open to foreigners to invest. The history of that century shows that the financial results were not commensurate with the investments made by foreigners in that class of mining property. 

Mr. HAUGEN. The property will always be subject to legislation 

here, anyhow. 

Mr. CARTER. Certainly. 

Mr. BUCHANAN, of New Jersey. That would be the effect of it. 

Such a state of affairs could exist if the bill were passed that you are now advocating. 

Mr. CARTER. Such a state of aftairs would bave existed if the 

commercial conditions were favorable prior to the passage of the Jaw 

of 1886. 

Mr. BUCHANAN, of New Jersey. There is an English lead syndicate, the gentleman knows, and if this bill were passed would it not be 

possible for them to buy up every lead mine in the United States? 

Mr. CARTER. If they were willing to pay all the mines are worth, 

I presume it would be possible. 

Mr. BUCHANAN, of New Jersey. And to close them up. 

Mr. CARTER. Not necessarily; that is commercially impracticable. 

Mr. BUCHANAN, of New Jersey. But it is possible, is it not? 

Mr. CARTER. It is commercially impossible, that is all. 

Mr. ANDERSON, of Kansas. But under this law is it not legally 

possible? 

l\1r. CARTER. Under this proposition it would be rendered possible if men from everywhere having capital to invest in the precarious 

work of developing mines in the country with their capital should 

choose to do so. That is all. 

?11r. HAUGEN. English capital is now buying up the milling interests and the breweries. 

Mr. CA.RTEH. Yes; but they are not securing all the mines, even in the States. 

Mr. OATES. I understand the gentleman to contend that the ex- isting law applies to the State of Montana. 

.Mr. CARTER. It does not apply. The purpose of the committee 

is to relieve the struggling Territories which have not yet been admitted to the Union from the incubus of this law and its unjust discrimination. 

Mr. OATES. The law ceased to operate in 1\Ioutanaas soon as it was admitted into the Union. 

Mr. CARTER. That is true of every State admitted. 

The history of the bill and proceedings in the Senate and Honse, subsequent to its passage, leaves no room to doubt that mines such as the 

pending bill proposes to exempt from its operation were not taken into 

consideration when the law was passed, and that if the subject had been 

considered the desired exemption would have been made in the act 

itself. 

The original act was approved March 3, 1887, and on the same day . Congress adjourned sine die. During the first session of the next, the 

Fiftieth Congress: no less than seventeen bills were introduced in the 

two Houses of Congress looking to the amendment, repeal, or modification of the law. 

Senate bill 1176 was fully discussed and passed by that body early 

in the first session of the Fiftieth CongreM. It was almost identical 

with the pending bill. The fact that the bill passed the Senate would 

in itself ordinarily constitute sufficient evidence of the intent of that 

body at the earliest date possible to remedy the defect in the law which 

had been passed the last day of the preceding session. But in order 

to emphasize the theory that it was not originally intended to prohibit 

the investment of foreign c.'tpital in the developmen.t of American 

mines, it is but necessary to cit~ the language of the eminent Senator 

from New York [:M.r. EVARTS] in commenting on this bill, introduced 

to amend the law in substance as we propose to amend it here to-day. 

Mr. Ev ARTS had participated in the passage of the original alien act, 

and in favoring the passage of a bill to amend it so as to exempt mining properties, he said: 

Mr. President, I have no amendment to propose; but as to the situation now before the Senate in regard to the bill itself, I have this to say, that in my judg-

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ment the whole subject of the encouragement or toleration of investments by 

foreigners in mining operations is a subject entirely apart and remote from the question of allowing the ownership of soil by foreigners here. Whatever may be the proper policy in regard to either of these heads they do not fall within the same considerations or the same motives that should lead to the adoption of the one or of the other. The bill which passed and became a. law last year was intended to prevent 

foreigners from becomin~ owners of real estate in this country; and the principal interest at which this legislation WM aimed was in regard to the breadth of Bi'riculturalownership, for but little interest, I think, was ever felt in the ques- tion whether a foreigner should or should not be the owner of a house and lot or ofa store and lot in one of the cities within the Territories where he wns either to pursue his trade or t-0 house hi1 family. 

With this legislation as covered by this intent and interest of e:i::cluding for- eigners from becoming owners of oar soil, it does not seem to me that th.e mat- ter now in hand was ever purposely included within that legislation; and as the whole project now is to extricate ourselves from that unintended entanglement, I ca.n see no reasen for insisting upon it in its present place in that legis- lati'ln unless by itself a.s a new matter of legislation we should think it was desirable and valuable to our policy and our citizens. I think the matter of foreign capital and foreign owners of that capital being introduced into the development of mines and bringing out from the earth in its rocky beds commodity of service in trade and human use belongs really not to a. question of real estate and of foreign par~icipation in the ownership of the soil of a country, but falls within the head of trade, and nothing but trade. 1Ve all know that there is no considerable area. of land involved in any of these mines-I think I am right in saying in all of them put together in these Territories or in the States themselves. They have not to do with the owner- ship and partition and distribution and sale of the soil of the country. It, Is nothing but an adventure inf.he nature of trade by capital and skill producing 

i;aluabie results. That foreigners come here has no more to do with th.,ir be· coming owners of our lnnd than if we ourseh•es in the Eastern Statel'I put ba 

capital of that kind in developing the mines in the Territories or in the We•tern St.ates. Whatever it be, it is not inveighed against at all if exercised on the part of our citizons1 I will airree; and it is the same operation for foreigners as it is for Eastern capitalists. They go there to aid in developing the industry and the wealth and the filling up of the population of the new Territories and of the Western States; that is what the foreigners do, and that is all they do, and they do not enter into an exclusion of agriculture or a wide occupation of it by any of our citizens. 

Neither is this ownership permanent. Being directed, as I have said, to tho sole purpose of developing this industry, this investment and all share and par- ticipation by foreigners disappear when the mine is exhausted. All agree that the land, the pedi& pouessfo for the purpose of carrying on this mere tradinll' operation, the development of local interest, is all obliterated the moment tho mine is exhausted; nobody remains the owner of it or cares further what is tho possession or pedi• pouessio of the land. When your own States, holding tho same position to developing their industries, tilling up their population, enrich- ing their commqnities, adopt, encourage, and invite from foreigners a complete 

enjoyment, and so a complete and full enterprise and action within the Sta.te1 am I not right in saying that in the \Vestem Territories, where mines are to ba developed and where there is much jealousy that agricultural land shall not be opened to monopoly b;y foreigners, we should allow them to enoourage abso- 1 utely as their policy this acceptance nnd hospitality of foreign ca pit.al in developing their local interests? I believe I am right in saying that every Stat-0 having the same relation to mining that the Territories have nnd that the United States has towards them in governing them well, as a State policy .invites and desires a full develop• ment of these interests by capital from foreigners. Why is it, then, that tho United States, under a. f11ncied analogy, should be o. mea.ner nursing mother of these local interests than the State governments are within their territory and dominion over the same subject? Why is it that in this period of nasoen• growth of the •rerritorles this or that interest of the United States should step in and chill, and check, and thwart, and denounce a local industry upon some mere wide and general theory of uniformity with regard to aversion to for· cigners owning lands here? 

This clear and forcible statement of the case but truthfully nauatc~ 

the history of the bill. It was not'intended that the mining interests 

in the Territories should be discouraged by prohibiting capital wher· ever found from being encouraged to invest in the development of the 

mines and employment of labor, the building of roads, the payment 

of taxes, and the general increase of Territorial wealth. As I have 

heretofore stated, the fact that Mr. Ev ARTS gave full expression of tho 

views of a majority in the Senate is borne out by the fact that the 

bill he then advocated passed that body and was thereafter l'eferred to 

the Committee of Public Lands in this Honse. 

That committee after deliberation made a. favorable report, and that 

report, emanating from the identical committee which bad i·ecommended the passage of the original law at the preceding session of Congress, bears additional testimony as to the accuracy of the position 

here taken, that the original bill was intended to apply exclusive1y to 

agricultural lands. Indeed, the report of the PublicLandsCommittee, 

presented in this Honse by Mr. HERMANN, constituted init.sel.t a powerful argument in favor of the then pending bill and equally applicable 

to the bill now under consideration. I quote from the report (No. 

3014, first session Fiftieth Congress): 

An examination of the UoNGRESSIONAL RECORD and the report of the com· mittee to whom was referred the bill passed by the Forty-ninth Oongress, which said bill is sought to be amended by the bill a R.1937, shows that the reasons leading to the passage of what is known &!I the alien land act were based upon the fact that large areas of agricultural lands were being purchased and held by aliens, to the great detriment of the bona fide settlers and against the inter- ests of the American citizen. The reasons leading to this wise legislation regarding agricultural lands can not apply to the mineral lands named in the accompanying blll, for the following reasons: 1. Under existinglawsnominingclaim can exceed in dimensions a parallelo· gram 1 ,500 feet long by 600 feet wide. 2. No claim can be located or any title thereto acquired until the discovery of a vein or lode of rock in place bearing some one of the metals named in this bill. . 3. Such veins a.re usually found at grea-t distances from each other, and no considerable holding of the public lands oan be had under the existing mining 

laws. 

4. Mineral is usually found in land a.baolutely worthless for any other than mining purposes, and it is uniformly true that such lands (differing in this r .. 

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1890. CONGRESSIONAL , RECORD-HOUSE. 8817 

spect from agricultural lands) do not enhance in value by lapse of time, but are at the time of its passage and that such breadth of application worked 

worthless after the mineral in them bas been exhausted. h d hi d · · · I d h } f A · •t• · 5. The act amended by the present biHis unjust and discriminates against the ar s Pan Injustice upon a arge an wort ye ass o mer1can Cl lresidents ot the Territories by denying to them rights and privileges freely en- zens, efforts were speedily made, as the reports indicate, in both branches 

jo~h~ ~~!11r!i~~~d:1~ss~~ ':i~~~~~nfo:r~i~~~~!~~a~~e:: of Congress, to remedy the evil which had been inflicted. The failure 

The local-Ors and owners of these mining claims a.re usually poor men, who of the repealing bill to receive consideration in the Honse during the 

only seek a. foreign market when no money can be obtained at home; and the first session of the Fiftieth Congress, led the Senate at the second ses- question of obtaining capital abroad has often been of vital importance where sion ot that Congress to pass the following resolution: 

the owner of such claim is in debt for preliminary work on his property, and 

if be fail to acquire capital from some source his property must be abandoned, Resolved, That the Committee on l\Iines and Mining be instructed to ascertain 

bis workmen thrown out of employment, and he, if not ruined, must lose the and report to the Senate at the beginning of the next session of Congress the 

labor of years. number of aliens, fornign companies and corporations owning or working 

Under •he present law be can not mortgage his mining claim to any foreign mines in the Territories of the United States, together with the length of time 

corporation or person, and is left to the mercy of the American corporation, they have been so engaged, the amount of capital invested by them in mining which will probably refuse to lend. in order to purchase at an outra.~eously in- operations, as near as practicable, the amount of dividends pa.id, and the 

adequate price. The individual miner in a Territory !'hould be accorded the amount of money exptmded by them in such mining operations, and what same rights and privileges which persons and corporations in the States freely effect the owning and operating of mines by aliens1 foreiiPl companies and cor- enjoy. He should have the right to go abroad, as United States railroad com- porations bas bad upon the growth and prosperity ot the Territories; and for that 

panies and other corporations do, to the cheapest money market, and by so purpose the committee, or any subcommittee thereof, may hold its sessions at doing manage to retain a larger interest in the property that has cost him years such times and places as it may deem proper, and em ploy such clerical assistof toil. a.nee as may be necessary. The expense of such investigation shall be paid out 

Owing to depressed trade, or to greater attractions of other enterprises less of the contingent fund of the Senate. 

hazardous in their nature, periods frequently occur,of years' duration, when it In obedience t-0 this resolution the Committee on Mines and Mining is impossible to get money in any part of tbti United States for new mining en- terprises, and during such period there is much curtailment of labor and much caused an investie;ation to be made in all the Territories of the United 

sacrifice of the laborers' interest if the needy owner be refused the right to ap- States for the purpose of collecting the information required. A com- peal to capital wherever it can be found. Capital in the Unit~d States com- t t d t t th · •t d II th T •to · t Ala k ma.ndsnow,andwillfor yea.rs command,arateofinterestonsafesecuritytoo peen an rns wor Y man VISl e a e erri nes,excep S a, high to induce its generous outlay in hazardous mining enterprises. and obtained as accurate information in regard to the subjects of in- Jt ls not generally known that to develop a limited portion of one lode-to quiry as could possibly be collected. His report is full and exhaustive, 

provide the necessary timbers, hoisting works, reduction works, pumps, horses, and concludes with the following statement of fact found on p::iges G tools, etc.-requires from $250,000 to a. sum aggregating millions, as in the case of the Anaconda. mine in l\lonk\na, the Clifton mine in Arizona, and various and 7 of Report No. 2690, second session, Fiftieth Congress: 

others that have been called to the attention of the committee. Many a now prosperous mining camp would still be a wilderness had it not Discarding all unprofitable purchases by foreign ca.pita.l,a.nd consideriug only been for foreign capita.I. As large ca.pita.I is required in the development of 

the most profitable purchases made by it, we find that at least nine-tenths of the mines foreign capital is sought for because it is cheaper, more plentiful, nud 

money e;ttracted from the mine~s employed i!' the payment of wa~es, purchase more ~va.ilable than home capita.I. I found the unh·ersal sentiment tbroughont of machmery, stores, and supplies, all of which goes to the American laborer, the Territories to be aga.iust the present alien land law so far RS it applies to ma!Jufacturer, and farmer. . . . . . . mines, and without exception everybody favors its speedy repeal in this respec~, 

Smee _the passage of the a.heI_l a-0t Eng.hsh capita~ ~or mvest!llent m mm es bas I which action would be hailed by the people of the Territories with delight. b~en driven from our country mto Mexi?o, the British colomes, and South Af- The railroads throughout the Territories assert that 75 per cent. of their freight nca, to the gi;ea.t ?etriment of the American man!1facturer and laborer. comes from the mines, and that since March, 1887, when the alien land law went T~e law ad 1t e~ted b~fore-the paasage of _t.he a.hen _l~nd act was well guarde? into effect, they have experienced some loss in theil· carrying trade. 

egamst monopolies _of~ me~. In fa.ct, phys.1ca.l cond1tu~ns prevent such possi- The restriction of20 per cent. ownership bas induced aliens to sell out tbci&.' 

bility. F_ormer leg1sla.hon m re.gs.rd ~o mmes wa.s satisf~t01·y ... Under such interests, to the great detriment of the Territories. and with the proceeds thus 

la'Ys for!"1gners could only ncqmre m~nes after the American mt1zen had a.c- realized they have invested largely in mines in the States, where no discrimi- qua~d. title fr?m the Government !JY issuance of paten~. Ther~ was then no nation is made against aliens. Forei~n capital bas not only aided in develop- prov1s1on agamst purchase by an a hen. 1:here was no .gi:ievance ~n tJ;ia.t respect, ing the mines, but roadways have been built with money contributed by aliens, 

but, OD; the contra.i;y. the law w~s. ~enefic1al to the mm mg Terr.1tor1es. There thus improving in a general way the surrounding country. The sale of mining was grievance agamst the acqms1t1on of any large tracts of a.gr1cultura.l lands machinery in some places in the Territories bas declined since the a.lien land 

in the Territories oy foreigners. act was passed. 

Mr p AYSON I will say to the gentleman that that was not a Wi~h the repeal of the restriction in this act in. regard t the holding of mines : .L • • by a.hens, thousands of people would find profitable employment where now n.nammous report. The gentleman from Indiana (Mr. HOLMAN] and only hundreds are benefited. In the operating of mines of ever eo much richmyself both opposed it in committee and gn the floor of the House. ness by f!1r the laru:ei: part of the earnings is :etained in this country. Prior~ 

Mr CARTER There being no minority report I took it for granted the pa~sage of the a.hen l~nd act large smeltmg_w~rks w~re erected by the a.id 

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·h • . • of foreign capital, but owmgtotbe presentrestr1ct10nsseveral of these smelters t at t c report was unammous. are now idle. 

Mr. PAYSON. We did not present any written statement of the The progress of the Teri:ilories has been materially chec~ed by the restriction 

viewa of the minoritv of the use of foreign_ ~p1tal. A lai:ge number of enterprises have been aban- J • cloned and several mmmg camps rumed. ~fr. CARTER. Very well; I am governed by the record. The employment of foreign capital in the mines has not led, and can not Later in the session this bill was offered for consideration by Ur. lead, to any large holding of real estate by foreigners, because a. mining claim 

H th 1 t t• f h · h I h d d th is limited in area by law, a single claim being only 1,500 feet in lengLh by 600 ERl\I.A.NN, on e repor ·, a por ion °. ~ lC ave .rea. ' an e feet in width, and besides the veins or lodes are usually found at great distances 

RECORD (volume 19, page 6758 of the Fiftieth Congress) md1cates most from each other. All mines require an extensive outlay at the start, hence 

clearly that no objection existed to the passage of the bill. When rec- large capi~al is a~solutely necessary to develop the salll:e, and as t~~ risks are 

ognition was accorded Mr. HERMANN, it appeared that under the pe- gr~at ~ore1gn cap_1tal. should be allowed to flow freely mto the mmmg euterculiar conditions existing at the time one minute remained for the con- prises m th~ Territones. . . 

sideration of the measure, and on suggestion of .Mr. WHEELER, of Ala- ?'hus, sir, we have t~e concurrent testimony o~ th.ree co~m~ttees of 

barn&, that the bill could net be passed within one minute, the Honse thIB House, two com~1ttees of the Senate, a special mvestigat1?n, and 

cdjonrned, uniler a. special rule, until 11 o'clock the following day. the passage of th~ desued ~men!1ment through the Senate, all rn favor 

During the same session of Congress, on Honse bill 1937, Mr. O'FER- of the_passage o~ the pendrng bill.. . .. 

RALJ,, from the Committee on Mines and Mining, in Report No. 703, T~kmg ~ll this concurren~ test1m.ony mt-0 accou?t .and gtvrng. due 

recommended the passage of a bill identical with the one here pre- con~1d~ratlon to the economic questions and th~ prmciples of na~1onal 

sented, in lo.nguage equally strong and emphatic. Mr. O'FERRALL policy involved, we must confess that through madver~ence a mIBtake 

conclndefl hfo able report in the following language: has be~n made, and that duty comm~ds us to corr~t it. . 

Tho amendment sought in the present bill simply places a citizen ofa. Terri- I thmk no reasonable _man can resist the conclusion that the b1tl we 

tory on an equal footing with a. citizen of a State. The above report may be eeek to amend was not mtended to apply to the charaeter of property 

summ!l.rized as follows: mentioned in the pendino- bill and I am satisfied that a further inves1. Employment of foreign capital in mines has not Jed, and can not lead, to . · f h t• '"'·111' d th f h I · h t 

a.ny permanent holding of real estate by foreigners. t1gabon o t e ques ion Wl ea t~ e urt er con~ u~io~ t at a gr~ 

2. The mining area. occupied by foreigners is very small and can never be wrong was perpetrated upon the mmers of the Territories m extending 

la~geTh t f. . •t 1 h . t d tl . t t• h the operations of a measure which could in no sense prove beneficial 

1*.lt for :uch1:~!\~~~g~ ~he !~:e~:~uld li~fe ~~~~~~'::t1~~ :nd ;:~~r '1;e!~ to them, and bas, as a matter of: fact, proven a very serious detriment. 

thrown out of employment. The very arguments used by the committee in favor of the passage 4. That its investmen~ bas given employm.ent to many laborers at large prices of the alien bill and those arguments were able, favoring the applica- and ha.s prove1~ beneficial to both the American laborer and manufacturer. · h I ' · nl I la d b · I d :s. Foreign capital thus employed develops measurably the mining resources tlon oft e aw to agr1c tura n s, may e JUSt y us_e to ~~pport our of our country, furnishes employment to many American laborers and the main- proposed amendment. Permanent homes for American c1t1zens can, 

tenance of many needy families. . . as the report suggests be secured on our aO'ricultural lands. On the 

For the reasons above stated your committee report the btll favorably and l ' h b r 0 d · · l · d recommend that it do pass, with the following amendment: Strike out the contrary, on y a temporary . ome can e 1oun on a min1~g e aim, an words" mining claims," in line 7, and insert in lieu thereof the words•• of gold, no home at all can be sustamed there unless by a large mvestmeot of 

silver, lead, tin, cinnabar, and copper." capital in development and machinery. 

From these unanimous expressions in both the Senate and the Hou.se, The report declares that "the question as to how cheap homes for 

given by three distinct committees at the next Congress immediately the poor can best be secured will soon be upon u.s. '' I call your attenfollowing the passage of the law we seek to amend, it is manifest be- tion to the fact that the question as to how t-0 furnish honest laborers 

yond question or doubt that the Representatives and Senators who par- with steady employment at just compensation is not soon to be, but 

ticipated in the passage of the law clearly conceded that its operation it actually is upon us. Shall we allow petty provincial prejudice 

was never intended to apply to the class of mining properties specified to 1imit the avenues wherein labor may be profitably employed in this 

in the penrling bill, but upon the contrary that the operations of the country? 

measure as passed were understood to apply to the ownership of agri- The original reportdeclares that agriculturallands are becoming more 

cultural lands and to that class of lands exclusively; and when it was valuable year by year, and that, "tempted by the promise sure to bo 

found that the measure had broader application than was contemplated realized of immense profits as well as the absolute security of the in· 

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vestment, these lands, by devious methods in many cases, have been 

secured in great areas and holdings by capitalists and corporations, 

foreign as well as domestic.'' If the committee had intended to make 

that sentence apply to mining property, intelligent amendment would 

make it read: "Tempted by the promise of immense profits, rarely 

ever realized, as well as the absolute uncertainty of the investment, 

these mines are secured for bard cash by capitalists and corporations, 

foreign as well as domestic, and never can be secured in large areas.'' 

Mr. Speaker, it is unnecessary to go over the report of J nly 31, 1886, on which the bill was passed. I assert that every r~on assigned by 

the report of the committea for the passage of the bill is contradicted 

by the plain facts, when the attempt is made to torture the report into 

a defense of the opposition to our proposed amendment of that bill. 

Gentlemen who have given thoughtful consideration to the character 

and history of our mines and the economic questions involved in the 

permanent settlement of our a~ricultural regions can not hesitate in 

drawing a distinction to admit the policy of prohibiting alien holdings 

in agricultural districts, while at the same time inviting cheap capital 

from anywhere and everywhere to invest in the temporary and hazardous business of developing the mines and. furnishing employment to 

people who would otherwise be crowded into other avenues of labor to 

compete with and to cheapen the rewards of toil. 

No abase has ever arisen in the mining Territories tojustify the restrictions placed upon the miners by this law. The most profitable 

mining ever done on this continent was conducted in California, Idaho, 

Nevada, Colorado, and Montana, before the passage of any law by 

Congress providing for the sale-or ownership of gold, silver, or any of 

the mines referred to in the pending bill. The miners convened in orderly gatherings and enacted rules and regnlationa so just, wise, and 

appropriate that in 1866 Congress accepted the prevailing miners' rules 

as the basis of the mining code of the country. That code, with slight 

modifir.ations, has continued as the law to this day and is rated the 

world over as in principle the be.st system yet devised to encourage the 

development of mineral resources. This magnificent statute is but the 

crystallized wisdom and experience of the Western miners as expressed 

in their primitive councils and courts. 

This system of law devised by the pioneer miners in the ru~ed 

mountain glens of the West has challenged the admiration of states- men and jurist.a on two continents. The law gins the exclusive right 

to citizens, or those who have declared their intention to become such, 

to explore the public domain for hidden treasureand to locate, when 

found, placer deposits not exceeding 20 acres, or lode claims not cxceeding l,500 feetmlengthalongthe vein or lode, with surface ground 

600 feet in width. 

Title can not pass from the Government to the claimant until he has 

performed at least $500 worth of work, and valid title can not vest in 

an a.lien until the Government bas issued letters patent to the claim. 

When this patent issues the mine is the well earned property of tho 

individua1. What has it cost him? In the majority of cases you 

can ne er know. 

If you would comprehend even in a remote degree the serious import of this question you most follow the stout-hearted and hopeful 

man, who. leaving anxious and tender ones behind, goes forth to prospect and labor alone for days and weeks, perchance for months and 

years, on the bleak and storm-swept mountain side in quest of nature's 

well concealed prize. Often sick at heart and sorely disappointed, be 

gives up the chase and returns to the home he left, there to start life 

anew in some other direction. Sometimes hope nnfnlfilled goes out 

with life in the miner's camp, far from home and its reassuring love; 

but with the pathetic we can not dwell now. Once in a hundred cases 

a promising lead is discovered. By working for wages a month the 

discoverer supporta himself with plain food for the few months succeeding, and thus continues to work until the necessary labor bas been 

performed to entitle him to patent. He often borrows the money to 

pay survey and Government fees, and in course of time secures a patent. 

Now, his years of1abor are bound up in that patented mine. What 

has he secured? Not a fortnne, but a fu.ir chance to secure a competency, if the law will permit him to sell that which he bas become the ewner of. He can not eat the ore; he can not raise wheat or vegetables on the claim, which is likely to have its rock-bound surface covered with snow for nine months in the year. He has not the capital 

to develop the property and put it on a profit-paying basis. He has 

merely found a place where the investment of from fifty to two hundred and fifty thousand dollars in labor and machinery on a very limited area, on a mountain side or 13ummit, may result in profit to the 

investor. It is not by any means certain that the orudnal investment 

will ever be returned, but the prospect may be tempting. The miner 

has years of ceaseless effort, of unremitting toil, bound up in the claim. 

To be permitted to sell to the best possible advantage is the privilege 

he asks. 

The purc~er can not acquire a permanent holding, because e·very 

pound of ore taken out brings him that much nearer the end of the pay 

streak, and when that is exhausted the property is valueless. Be the 

purchaser domestic or alien, home labor must be, always has been, always will be employed in building the machinery, sinking the shafts, 

., 

running the drifts, hoisting the ore, and running the mill or smelter. 

At this point the law of which we complain says, the miner who has 

become the owner ot a mine which he must sell to realize anything out 

of it must enter a limited market, where rates of interest are ordinarily 

so high that capital is with reluctance induced to embark in nny enterprise attended with hazard. What is the result? The mining industry in the Territories languishes because of inadequate capital. 

Greater still is the injury to the individual miners who are compelled 

to ofter their hard-earned mining properties on the market. Should one 

of these struggling prospectors write to the generous gentleman from Indiana [Mr. HOLl\IAN], saying: "I have been working hard on a lead in 

Arizona for ten years. There is a large amount of ore in sight, but it 

is low grllde and will not stand transportation charges, and therefore 

works must be erected near the mine to reduce the output on a large 

scale. I am compelled to sell an interest in the prop;erty, because I am 

unable, single-handed, to build the works, and I want to realize a little 

ready money to educate my growing family. Will you invest a few 

dolJars and induce a few of your wealthy friends to invest in this venture so as to help me out?" 

The gentleman from Indiana would prohably say thr.i.t as a Congressman be had nothing to invest and that he could not ad vise his friends 

to go into any uncertain, wild-cat mining speculation. It would be 

well enou?h should he stop at that; but he goes beyond and says to 

the man. 'Yon must not sell that property to any but an American citizen or a domestic corporation." In short, sir, this dog-in-the-manger 

policy gives the 2 per cent. a month American capitalistdominion over 

the struggling mine-owners of the Territories and forbids competition w~ili~. . 

As applied to mines the law should be entitled "An act granting 

exclusive monopoly to domestic capitalists over the mining interests of 

the Territories." The gentleman from Indiana [Mr. HOLMAN] and 

the gentleman from Illinois [Mr. PAYSON] were members of the Public 

Lands Committee, which, through the gentleman from Oregon [Mr. 

HERMANN], reported so strongly in favor of a like amendment of this 

law. I leave them to explain their positions na best they can. As to 

the gentleman from New Jersey [Mr. McAnoo], I most confess no 

little surprise.. He is exceedingly anxious that the products of foreign 

labor should be allowed to freely compete in this country with tho 

handiwork of oar laboring citizens. He could look with perfect composure on the prospect of foreign labor and capital securing long-coveted 

profit at the expense of om own laboring poor, but he is not willing 

that American capital should be thrown into free competition with 

other C..'l.pital in our Territ;opes. 

Nc:i.rly half a century of experience in mining gold, silver, cinnabar, 

]earl, and copper in the Territories before this prohibition was placed 

on tho miners fails to disclose any justification for the gentleman's 

position. He is fortified behind a vaporisb, provincial sentiment and 

there seeks to defond injustice while vainly struggling to conceal inconsistency. The peciple of the Territories have petitioned, memorialized, and prayed for the passage of this amendment. They are American citizens, and while the colleague of the gentleman from New Jerney 

[Mr. BUCHANAN] ha.s suggested the startling fact that a Territory is 

not a State, he must remember that the garb of American citizenship 

entitles a man to consideration anywhere and particularly in this House 

of Representatives. The debt this nation owes to its pioneers is second 

only to the debt it owes the citizen soldiers who preserved its unity. 

The men who, at the peril of their Jives, have planted the standard 

ot ci viliza.tion in the haunts of the savage should not be denied a bearing in this body; nor should they be made the victims of an unjust discrimination snch as the existing Jaw imposes. Who seeks to deny to 

these citizens of the Territories the sacred right of home rule? It is 

none other than the genial gentleman from New Jersey [Mr. McA.noo ]. 

He is the same gentleman who bas so often on this floor vociferously 

announced himself in favor of home rule for Ireland. I do not doubt 

his sincerity on the Irish home-rule question, but if true to his position 

of hostility to citizens residing in oar Territories he would be opposed 

to home rule it he were in the English Parliament. Those who know 

nothing and care less about the straggling miners and prospectors Tiho 

are engaged in building up Territories in the West will oppose the 

amendment. 

While opposing it, they must concede that where 5 per cent. profit 

on the money invested by foreigners returns across the water, 95 per 

cent. remains with the American laborer and ruanntactnrer ot mining 

machinery. To all argument the reply is made, lot the mines remain 

undeveloped until American capital succeeds in tho work. To tho 

men who through toil and privation have laid bare the secrets of tho 

mountains, you say "Stop! Wait until an American e&pitalist thinks 

proper to come to your aid. If, while waiting, death overtakes you, 

well and good. Your disappointment concerns not tho older States. 

Generations unborn will reap what you have sown." 

This cruel doctrine, which would repress individual effort by denying its rewards, can not be founded on sound policy or good morals. 

To the citizens of mining States, the law does not apply. Why dfucriminate against the equally worthy and intelligent citizenn of the 

Territories? Let those who desire t.o give an undue advantage to 

American capital over the struggling, toiling citizens of the Territ.orie.q 

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1890. CONGRESSIONAL RECORD-HOUSE. 8819 

vote against the proposed amendment. Those who are opposed to our people the great mass of them, so far as we may judge by the derobbfog toil of its best obtainable rewards will support the commit- mand, are opposed to legislation of this kind. It can not be possible, 

tee. Mr. Speaker, that all these millions of American people, the farmers 

Mr. CHIPMAN. Mr. Speaker, when this bill was up some time ago and the workmen of this country, the more thoughtful and philanI took occasion to animadvert on some features of it which I thoui:i;ht thropic of our people-I will go fW'ther and say the more patriotic of were hurtful, and which I thought constituted sufficient reasons why our..people-can be mistaken about this. 

it should not be enacted into a law. I deem it proper, however, this It can not be possible that a new discovery has been made in the 

morning, for the purpose of emphasis, to call attention to the law Territories on this subject. It can not be possible either-at least it 

which it proposes to abrogate, and proposes to abro~te in its most ought not to be-that the necessities of a few men in the Territories, 

valuable features. That law will be found on page 476, 24 Statutes at anxious for sudden wealth, anxious for the speculation which would 

Large. It is entitled "An act to restrict ownership of real estate in follow the passage of this bill, should override this well ascertained, 

the Territories to American citizens," etc. this decided opinion of the American people on this subject. That 

The first section of the act prescribes that aliens shall not acquire opinion is wholesome. It is truly American; it is patriotic, and it 

lands in the Territories or in the District of Columbia.. It also pre- will ill berome this House, Mr. Speaker, to repress it or to deny it 

scribes that no corporation one-twentieth of the stock of which is owned by repealing the one act which, while it does not go far enough, is at 

by foreigners shall acquire lands or interests in lands in the Terri- least a etep in the direction of that opinion. 

tories or in the District of Columbia. It further prescribes that no cor- I have called attention to the various provisions of the act to be rc- poralionshallacquiremorethan5, 000acresofland and thatrailroads and pealed, so thatthe country and every member here may know exactly 

corporations of that kind shall be restricted in their holdings to the what this bill means. It means the undoing of this wholesome legisamount of land which is necessary for the purpose of carrying on their lation. It means flying in the face of this wholesome public opinion. 

business. It means the setting back of the progress of sentiment and the progress 

This bill pnposes that the fore~oing restrictions-that is, the restric- of action upon this question of alien ownership of land and alien con- tion on alien ownership by individuals, on alien ownership controlled trol (so far as the ownership of lands and the control of corporations 

by corporations, and on the capacity of corporations of any kind to take may permit) of the affairs of this country. Corporations are part of 

more than 5,000 acres-shall not apply to mines of gold, silver, lead, the governing power. They act for the Government in a variety of 

tin, cinnabar, or copper, or any mining interest therein. In other words, matters. They own franchises and are very close to the people in the 

Mr. Speaker, it proposes to abolish all these restriction&, these safe- business of1ife. 

guards which, in consonance with the spirit of the age and with the Their owners ought to be in full sympathy with our wishes, and cergreat demand of the people of this country, have been thrown around tainly sn~ject to the evils which wrong policies impose on peoples. 

the public lands in the Territories and all land in this District. And They ought to be so mixed in the general interests that self-protection 

it proposes not only to abolish these safeguards, but to abolish them in shall make them patriotic. We can not expect this of foreign corporathose particulars in which they are most important, to destroy their tors. Yet the great argument in favor of the bill is that it will enable 

guardianship over our mines, over our precious and useful metals, and aliens to invest capital, own lauds, and govern great corporations. 

to lay those treasures open not only to alien ownership, but to the Such a policy is wrong in the States and wrong in the Territories. It 

most unrestricted and, as experience has proved, the most oppressive is wrong everywhere. 

corporate ownership. Mr. CANNON. I rise to make a privileged report. 

If the orighal act was ri,gbt the present bill is wrong. If at the time The SPEAKER pro tempore (Mr. PAYSON). Sixty minutes have 

that act w~ passed (in the Forty-ninth Congress, I believe), there was elapsed since the commencement of the morning hour, and the Chair a necessity for legislation of that kind, I think I may safely say that recognizes the gentleman from Illinois (M:r. CANNON]. -

the history of the country since, the trend of events in this country Mr. CHIPMAN. I reserve the residue of my time. 

since, demonstrates that that legislation is eYen more necessary now ORDER OF BUSINESS. 

than it was then. I call the attention of gentlemen to the fact that Mr. CANNON. I rise to a privileged question-to present a report 

there is not a meeting of the Farmers' Alliance, there is not a meetjng of the Committee on Rules. 

of Grangers, there is not a meeting of a labor organization from one Mr. BRECKINRIDGE, of Kentucky. I rise to a question of order. 

end of this country to the other, from which a demand does not go forth, My point is that under the rules sixty minutes do not constitute the 

not for the repeal of this legislation, but for stricter legislation in the morning hour; that it does not expire by reason of the expiration of same direction. The demand literally is: "American lands for Amer- sixty minutes. 

ican homes;" and, in the same connection and in some respects para- The SPEAKER pro tempore The rule provides that the morning 

mount to that, is the demand that our own people shall govern the hour at the expiration of sixty minutes is liable to interruption by n. ~orporations which carry on business in the country. motion to go into Committee of the Whole Honse -on the state of tho 

I, sir, am in sympathy with the demand to make these laws more Union. But, be.3ides that, the Chair is of opinion that it may be interstringent I have no hesitancy in saying that we have the constitu- rnpted by a privileged question; and the gentleman from Illinois [Mr. 

tional power to forbid any alien owning an inch of American soil; that CA:..~:~rnN] states that he rises to present such a question, a report OJ.~ 

under the Constitution there can be no doubt that Congress may pro- the Committee on Rules. 

hibit everyalien from becoming a landed proprietor, not only in theTer- Mr. BRECKL~RIDGE, of Kentucky. The morning hour may be 

ritories and in the District of Columbia, but in every State of the Union. interrupted by a motion to go into Committee of the Whole for the 

I will not go into a lengthened argument on the subject, but I predi- consideration of an appropriation bill, but the other exception stated 

cate this proposition upon sure and safe constitutional grounds, upon by the Chair is not given in the rules. 

our control of our rebtions with foreigners, upon our responsibility to The SPEAKER pro tempore. But the gentleman will remember 

other nations for the treatmentof foreigners here, upon our responsibility tqat there is another rule which provides that reports from the Com, 

to the States themselves for the status and the conduct of foreigners in mittee on Rules shall always be privileged and in order. 

this country, upon t.he treaty-making power, upon the naturalization Mr. BRECKINRIDGE, of Kentucky. But not to the interruption 

power, upon all the powers which are inherent in a nation which bears of this business--

full international relations to other nations. I say I will not enter npon The SPEAKER pro temp01·e. The Chair disagrees with the gentlcthat subject at length. I simply state the position which I take in re- man; otherwise it would be impos.sible for a privileged report to get 

gard to it. in so long as any gentleman claimed the floor on the business of the 

We are told, sir-and this bill is urged upon that ground-that this morning hour. 

me.'lSure :will be a great benefit to the mining Territories. Are gen- Mr. BRECKINRIDGE, of Kentucky. The point I make is tha-t you 

tlemen so sure of t.hat? Is there any certainty that the policy fore- can not take a gentleman off the floor in this way at the expiration of 

shadowed by this bill will inure to the benefit of tbese Territories? Is sixty minutes. . 

it certain that it is to their true advantage, the true happiness and pros· The SPEAKERprotempore. The Chair thinks this report is in orderperily of their people, that we sha.11 encourage the building up of gi- Mr. BRECKINRIDGE, of Kentucky. You can not take a gentle_ 

gantic corporations in their midst which will own the soil and control man off this floor unless by virtue of some rule. Now the presenta 

the sources of wealth, and, above all, gigantic corporations owned and tion of a privileged matter of business does not give to him who seeks 

controlled largely by foreigners, who owe no allegiance to our country to bring it in the right to interrupt the gentleman on the floor. But 

and who have no interest in the welfare of our citizens? when there are persons seeking recognition then the Chair must recogSir, there is such a thing as "making haste slowly;" and the true n1ze him who comes with a privileged motion. Now, the morning 

interest of the Territories as well as the true interest of the people of hour having run sixty minutes, the gentleman who has been occupyall the States is to prepare for the day when we may have a homogeneous ing the floor can be interrupted in one way, that is by a motion to go 

people, a true American race, which shall be self-contained, self-govern- into Committee of the Whole on an appropriation bill; but he can not 

ing, and self-equipped for all the purposes alike of political power and be Mken off the floor by a privileged matter except a conference re- the transaction of business. port. 

I can not dwell too strongly, however, upon the inopportuneness of The SPEAKER pro tempore. The Chair understands the position of 

this legislation. It comes at a time when from one end of the land to I the gentleman from Kentucky, but would call his attention to clause 51 

the other the cry is many voiced for more homes for the people. It of Rule XI, which provides thatcomes at the very instant, as it were, when out of the 64,000,000 of The following-named committ'Ces shall have leave to report at any time on 

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CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

the matte1-s herein stated, namely, the Committee on Rules, on rules, joint rules, 

and order of business. 

The gentleman from Illinois now presents such a report from the Committee on Rules. Of course the gentleman Jrom Michigan [Mr. CHIP-

?tIAN], who was addressing the House in the morning hour, will be en- titled to his time when this matter of business shall come up again in 

regular order, which will be in the next morning hour. 

Mr. CHIPMAN. I should not have yielded under any circumstances 

for the gentleman from Illinois to take the floor if I had not understood 

that the morning hour was concluded. 

The SPEAKER pro t.empore. It is the judgment of the Chair, and 

the Chair so bolds, that the report submitted by the gentleman from 

Illinois is in order. 

Mr. CHIPM.A.~. I wish the record to show that I only yielded to 

the interruption on the understanding that the morning hour had expired . The SPEAKER pro tempore. The Chair understands the gentleman. 

His right to the. remainder of bis hour will not be prejudiced by this 

interruption. The gentleman from Illinois is recogniz~ for a report 

from the Committee on Rules, which the Clerk will read. 

REPORT OF COMMITTEE ON RULES. 

The Clerk read as follows: 

The Committee on Rules, to whom were referred the accompanying resolutions of July 23 and July 29, hl\ve bad the sawe under consideration, and beg 

leave to report the following resolution as a substitute therefor, with the rec- ommendation that it do pass: .Resolved, That Tuesday, 'Vednesday, Thursday, and Saturday, ~ugust.19, 20, 

21, and 23, and Tuesday nnd w·ednesday, August 26 and 27, after sixty mmutes of the morning hour, be axed for the consideration in the House, first, after the 

adoption of this order, of Senlite bill 3714, the agricultural college aid bill, on which the previou!l question shall be considered PS ordered after two hours; 

and that, after the disposition of said bill, on the remainder ot said days the House shall proceed to the consideration of bills reported by the Committee on Agriculture: First, to the con ideration of Senate bill 2594, inspection of meat.<1 

for exportation, on which the pi·evious question shall be considered as ordered 

after two hours; and that after the dispositfon of said bill the House proceed to the consideration of Hous*' bill 11568, defining lard, etc., on which the pre- vious question shall be considered as ordered at 4. o'clock p. m., !3aturday, August 23; and that on Tuesday, August 26. the House shall proceed to the con- sideration of House bill 5353, defining options, etc., on which the previous 

question shall be considered as ordered on Wednesday, August '.!7,at3 o'clock· p. m.: and that on August 20, 21. 23, 26, and Z7 the House shall meet at 11 o'cloc·k a. m.; said order to be subject to the consideration of general appro- priation bills and conference reports thereon. 

Mr. CANNON. Now, Mr. Speaker, I will be glad to have a vote by 

unanimous consent, and if not I will ask the previous question. 

Mr. BLAND. Why not strike out meeting at 11 o'clock? There is 

no necess~ ty for that. 

Mr. DUNNELL. None whatever. 

Mr. CA17NON. Ob, well, there is a good deal of necessity if gentlemen will examine the scope of these orders. The morning hour is 

reserved each morning, not to be interfered with, and as that is the 

case--

1\Ir. RLCUNT. Before the debate proceeds you had better take the 

previous q·iestion. 

Mr. CAJS.NON. By unanimous con~cnt I ask that the previous 

question be considered as ordered. 

Mr. BRECKli'fRIDGE, of Kentucky. I object. I think that there are so many things in that order we should vote down the previous 

question. We may want to make some changes in the order. 

Mr. FARQUHAR. I understand that this order exc1udes all conference reports except on appropriation bills? 

Mr. CANNON. I will say to the gentleman that the order provides 

:is follows--

Mr. DIXGLEY. Let it be.read again. 

Mr. CANNON. I have no objection. 

l\Ir. GROSVENOR. I ask unanimous consent that the order be 

:igain rend. 

The SPEAKER pro tempore. In the absence of objection, it will be 

again read. 

-The resolution was again reported. 

Mr. FRA..NK. I rise to a parliamentary inquiry. 

The SPEAKER.pro tempore. The gentleman will state it. 

Mr. Fia NK. Must this report be accepted or r~jected as a whole? 

The SPEAKER pro tempore. It must, if the previous question shall 

be ordered by the House. 

Mr. FRANK. And there is no way of obtaining a separate ivote on 

the several distinct propositions it embraces? 

The SPEAKER pro tempore. The Chair sees none. 

The question is on or<lering the previous question. 

Mr. BRECKINRIDGE, of Kentucky. Before the previous question 

is ordered I demand a division of the ·vute. 

The SPEAKER pro tempore. In the judgment of the Chair that can only come after the previous question is ordered. 

Mr. BRECKINRIDGE, of Kentucky. That was my opinion, but 

the peaker of the House decided exactly the reverse on a recent occasion. · The SPEAKER pro tempore. The present occupant of the chair is 

not familiar with the precedent, but is ofthe opinion that the division can only come after the previous question. 

Mr. BRECKINRIDGE, of Kentucky. The Chair has put it better 

than I did in the argument on the occasion to which I have referred; 

but the Speaker had the last say and decided that the words of the 

rule, that a demand for a division must be submitted ''before the ques--

tion is put," meant that the demaud should be made before the previous question is ordered. 

The SPEAKER pro tempore. The Chair thinks that the language of 

the rule cited by the gentleman refers to the parliamentary status of 

the question, and not to the ordering of the previous question, which 

is incidental only to the main question. 

Ur. BRECKINRIDGE, of Kentucky. That was my opinion also, 

but I submit the question now because I do not want to prejudice the 

right to demand a division. 

The SPEAKER pro tempore. The Chair will hold that the demand 

can be submitted at a later stage. 

The question now is on the demand for the previous question on the 

adoption of the resolution. 

Mr. CANNON. Before the question is submitted I want to make a statement by consent. 

Mr. ADAMS. Before my colleague proceeds allow me to ask bim a question? How many appropriation bills are there in conference? 

Mr. McMILLIN. I do not want this debate, Mr. Speaker, to preclude the debate following the ordering of the previous question. 

Mr. CANNON. Oh, I hope not. 

I will state to my friend from Illinois, in answer to his question, 

that the sundry civil bill is still in conforence; a little later on, I suppose, the deficiency bill will be in conference; and there is also a bill 

in conference for additional force in the Pension Office. 

.l\Ir. SAYERS. What about the river and harbor bill? 

Mr. CANNON. ~ot a general appropriation bill. 

Several ME:\IBERS. Oh, yes. 

Mr. BLOUNT. I would like to ask the gentleman from Illinois a question? 

Mr. SAYERS. Will the gentleman allow me a question? 

The SPEAKER pro tempore: To whom does the gentleman from Illinois yield? 

:Mr. CANNON. To neither just yet. 

Mr. SAYERS. I only want to ask this question: Whether this rule 

cuts out the consideration of the river and harbor bill? 

Mr. CANNON. It does. 

Mr. McCOM:AS. I desire toa.sk the gentleman to add a word--

Mr. CANNON. Well, I can not yield now. Will gentlemen have 

the kindness to allow me to make a statement? 

Mr. McCOMAS. Certainly. 

?t!r. CANNON. If the gentleman willallow me to proceed I think 

perhaps I can save a number of questions. Then I will answer all 

questions with the greatest of pleasure, provided they are pertinent. 

Mr. BLOUNT. l\Ir. Speaker, I hope we may bave order. 

The SPEAKER pro tempore. The gentleman from Illinois will sus- pend until order is restored. Gentlemen in the aisles will take their 

seats. 

Mr. CANNON. Mr. Speaker, for the 1ast three months many gentle- men upon both sides of the House, especially the Committee on A11;riculture, have been pressing for the reporting of an order similar to this 

which has now been reported. It bas not been possible, in justice to 

the committees of the House, as was believed by many, t~ report this 

order until now. The order provides that, in the event of its adoption, we shall proceed to ~onsider first what is known as the agricoltural aid bill, the 

bill that passed the Senate, sometimes known as the Morrill bil1, which 

has been reported favorahly 1rom the Committee on Education to the 

House, and which provides tor the aid with which gentlemen are familiar to the various agricultural colleges in the respective States. 

Gentlemen who desire this order (and I think thatinclndes the majority on both sides so far as we could tell) thought that sixty minutes 

would probably be enongh; but after foll consultation the terms of the 

order were made to provide that the previons qnestion shall be ordered 

upon that bill at the encl of two hours; and, as I may say, anticipat- in~ a question from the gentleman from Maryland [Mr. McC011rAs], 

that would be the previous question upon the bill and amendments in 

parliamentary degree, as I understand it, and as was intended. 

Mr. CRAIN. Will the gentleman pardon a moment's interruption? 

Will this order, if adopted, prevent the Committee on Rivers and 

Harbors from making o. report on the Senate amendments to the river 

and harbor bill? 

Mr. CANNO~. I will come to that in a moment. The order provides that the remainder of these days, that is, commencing to-day, 

Wednesday, Thursday, and Saturday next, and Tuesday and Wednesday of next week, shall be devoted to the Committee on .Agriculture 

ofter the morning hour. The order provides for a morning boor each 

morning. The rule provides first for the consideration of the Senate 

bill known as the meat-inspection bill, a bill that is represented by 

the Committee on A~riculture as of very great importance, as affecting 

both our borne and our foreil?n commerce in connection with meats 

and provisions. The previous question is ordered upon that bill, in 

the event that the order is adopted, after two hours. 

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1890. CONGRESSIONAL RECORD-HOUSE. 8821 

Mr. 0BLOUNT. Before the gentleman goes any f~ther I wish to 

interrupt him to make this suggestion. The debate under the rule 

after the previous question is ordered, is twenty minutes on either 

side, unless there has been debate preceding that. 

.Mr. CANNON. Oh, I do not desire to make any point about that .. 

Mr. BLOUNT. The gentleman will understand that all I desire is 

to reserve equality in debate. 

The SPEAKER pro tempore. This is a proceeding by unanimous 

consent. 

Mr. BLOUNT. Then I hope that there will be, as a part of that 

unanimous consent, an understanding that there shall be equality in 

the time allotted for debate before as well as after the ordering of the 

previous question. 

Mr. CANNON. I have not yet moved the previous question. I 

have the power to do it, but I have no desire to cut off the debate. 

.Mr. ·BRECKINRIDGE, of Kentucky. But the gentleman from Illinois did move the previous question. 

Mr. BLOUNT. Let us have some understanding about the division 

of time. 

.Mr. CANNON. I am perfectly willing that there shall be twenty 

minutes on a side under the rules. 

Mr. BLOUNT. I do not understand the rule as the gentleman does. 

He is debating this question now and occupying time, and we ought 

to be allowed to occupy an equal amount of time. 

The SP EA KER pro tempore. The Chair desires to state that the parliamentary condition is this: The gentleman from Illinois [Mr. CANNON] demanded the previous question. The question was stated by 

the Chair. Pending the putting of the question the gentleman from 

Illinois desired permission to make a statement. The Chair stated that 

this proceeding is by unanimous consent. The gentleman from Tennes.c:;ee [Mr. MCMILLIN] made the suggestion that if these observations 

should proceed they ought not to interfere with the debate allowed un- der the rule, and the Chair stated that right would be reserved. The 

gentleman from Illinois [Ur. CANNON] is proceeding by unanimous 

consent pending the statement by the Chair to the House of the demand for the previous question. 

Mr. BLOUNT. Mr. Speaker, I do not want the debate t-0 go on by 

unanimous consent. 

Mr. CANNON. Very well; then I will withdraw the demand for 

the previous question; and I suppose now I have the floor. 

Mr. CRAIN. Before the gentleman from Illinois takes his seat I 

wish he would answt~r the question that I propounded. 

The SPEAKER pro tempore. The demand for the previous question 

is withdrawn. 

Mr. CANNON. Now, if I can be permitted, I will complete my 

statement in a moment with reference to this matter. 

Mr. BLOUNT. Now, Mr. Speaker, let us understand before the 

gentleman proceeds as to the division of time. 

Mr. CANNON. Mr. Speaker, if I have the floor I will bold it. 

The SPEAKER pro tempore. The gentleman from ll1inois is entitled 

to the floor. 

.Mr. BRECKINRIDGE, of Kentucky. I rise to a question of order. 

It is too late for the gentleman to withdraw the demand for the previous question. He having demanded the previous question, and then 

by an understanding with the House having gone on and made an agreement that the debate should not be cut off--

The SPEAKER pro tempore. The Chair understands that the rule 

provides that the demand for the previous question may be withdrawn 

before it is acted upon. 

Mr. BRECKINRIDGE, of Kentucky. Ah, but the point I make is 

that it was acted upon to this extent, that an a.Jl:reement was made by 

the gentleman from Illinois [Mr. CANNON] that the debate which should occur after the previous question should not be interfered with by this 

preliminary debate, and therefore the gentleman can not withdraw 

the demand for the previous question and cut off that subsequent debate without the unanimous consent of the House. 

The SPEAKER pra.. tempore. The Chair is of the opinion that the 

gentleman may withdraw his demand for the previous question, and 

that has been done. The gentleman from Illinois will proceed. 

Mr. BLOUNT. Then, Mr. Speaker, I desire to make a parliamentary 

inquiry. I want to know what the rights of the minority are as to 

debate, as to the di vision of time, .the demand for the previous question 

being withdrawn. 

The SPEAKER pro tempore. The Chair will bold that the situation 

is that the matter may be de bated until the previous q nestion is mo\'edif it shall be moved; the Chair is not advised that it will be-and un- til it is moved of course the ordinary parliamentary situation wonld 

control. Debate would run until either the previous question was 

moved and ordered by the House or until debate should be exhan.sted 

with reference to it. 

Mr. CANNON. Mr. Speaker, if I may be allowed, I will say to the 

gentleman from Georgia that either before or after the previous question, as be chooses, thEi same time for debate shall be given to that side as I shall consume, either by my yielding to him such time as I may 

myself give him out of my hour, or by unanimous consent after the 

previous question is ordered. 

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Mr. BLOUNT. The gentleman proposes to have all the debate prior 

to the previous question. 

Mr. CANNON. You may have the same time before the previous 

question is ordered . Mr. BLOUNT. Then, a.s I understand the suggestion of the gentleman, it is that he wants to take a given time before the previou.a 

question is voted upon. I am quite content to allow the gentleman t<> 

go on with such time as he thinks is necessary to explain the order, 

provided that the understanding be arrived at that this side of the 

House shall have the sam~ amount of time. 

Mr. CANNON. Very well. 

Mr. BLOUNT. Well, let that be the understanding. 

Mr. CANNON. I will yield to the gentleman so much time as I 

shall consume out of the hour. 

Mr. BLOUNT. I do not want it out of the time of the genUemau. 

The rule allows time • 

Mr. CANNON. I will let the gentleman have time out of my hour. 

111r. BLOUNT. Before the gentleman goes on, let us have an understanding about this debate. 

Mr. CANNON. I have said to the gentleman, so that he can not 

misunderstand me, that I will yield to him out of my hour as much 

time as I take myself. 

Ur. BLOUNT. I wish to ask the Speaker if that is the only right 

this side has in relation to debate on this question? 

The SPEAKER pro tempore. The Chair will state to the gentleman 

from Georgia that under the rules the first J!entleman recognized is en- titled to an hour, and then, after be shall have concluded, unless the 

prev10us question is ordered, another gentleman will be recognized for 

a like p~riod. The present occupant of the chair will reco~ize an- other gentleman without stating whom he would recognize. 

Mr. BLOUNT. Unless the gentleman demands the previous question. Now, Mr. Speaker, there will then have been debate, the gentleman trom Illinois taking the hour; ould not that take it out from 

under the operation of the rule that provides for debate after the previon.s question has beeu ordered, because the rule provides that when 

there has been debate further debate is not in order? 

The SPEAKER pro tempore. That provision of the rule would have 

to apply to the parliamentary condition. 

Mr. BLOUNT. Therefore, the gentleman would destroy the effect 

of the rule and confine the right of this side to the time of the majority. 

The SPEAKER pro tempore. Precisely. 

Mr. BLOUNT. That is the opinion of the Chair? 

The SPEAKER pro tempore. Precisely. 

Mr. CANNON. NC\w, if my friend from Georgia will indicate how 

much time he wants to have, I can yield to him. 

Mr. BLOUNT. Well, I will say thirty minutes. 

Mr. CANNON. That would leave me no time in this matter. I 

win yield twenty minutes. That is as much as would come afterwards. 

Mr. BLOUNT. Does the gentleman propose to take twenty minutes 

afterwards? 

Mr. CANNON. I do not propose to use more than twenty minutes. 

!tir. BLOUNT. In all? I have no objection to an equal division of 

the time. 

Mr. CANNON. I will equal1y divide the time. 

Mr.· BLOUNT. Counting aU this as part of your time? 

Mr. CANNON. I hope this will not come out of my time. 

The SPEAKER pro tempore. It all comes out of the time of the gentleman from Illinois. 

Mr. BLOUNT. I have not taken much of it. 

Mr. CANNON. Well, Mr. Speaker, I suppoRe I have the floor. 

Now, I want to say in explanation of this order that next Friday is 

not included in the order. The House can do what it chooses on Friday 

next, under the rules, in the event that the House adopts this order. 

I want to say further that the terms of the order do not cover next 

Monday, but do cover the order that after the morning hour on Wednesday, Thursday, and Saturday of this week and Tuesday and Wedne~ 

day of next week, the session commencia~ at 11 o'clock, in the event 

that the order is adopted, and the only business that is in order is the 

conRideration ot these bills from the Committee on Agriculture, except 

conference reports on general approp.riation bills. 

Now, the gentleman asks if the river and harbor bill would be included. In my own opinion it would not. The river and harbor bill can be reported on Friday next or Monday next, in the event that the 

order is adopted. 

l\fr. CR.A.IN. Do you say it will be or can be? 

Mr. CANNON. I did not say it would be, but said it could be. 

Mr. GROSVENOR. Could it not be reported in the morning before 

the morning hour, as it is privileged? 

M:r. CANNON. It is very likely it could be, being a privile~ed matter, but I do not undertake to say that it could be so reported and con- sidered. 

Now, I believe I have said all I want to a.bout this matter at this 

time. The order bas been mrefolly considered on the resolutions that were sent to the committee, after the fullest consultation wHh the Com-

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8822 CONGRESSIONAL REOORD-HOUSE .. AUGUST 19, 

mittee on .Agriculture and the Committee on Education, and very 

largelywith the membership of the House upon both sides of the House, 

and after taking the consensus of opinion as diligently as it could be 

taken the Committee on Rules report this order back for consideration. 

Mr. McCOMAS. With respect to next Friday. I see next Friday 

is not in this order, and the consideration of bills under the Bowman 

act as to war claims would not be interfered with. 

Mr. CANNON. Next Friday is not interfered with- by this order, nor next Monday. 

Mr. ENLOE. I would like to know if the gentleman from Illinois 

would be willing to permit an amendment to be offered which would 

allow the Butterworth option bill, as it is 1.'"Ilown, to be considered in 

advance of the compound-lard bill? 

Mr. CANNON. In reply I will state. that the Butterworth option 

bill, in the event this order is adopted, will be considered on Tuesday 

and Weonesday, and that in the mean time the...~ other bills that have 

been mentioned will be considered. 

Mr. HENDERSON, of Iowa. I would like to ask the gentleman a question, as I was not in when the order was read. Does it include 

the consideration of each of these bills within this time? 

?i-fr. CANNON. Precisely. Now, bow much time have I consumed? 

Mr. E.NLOE. I wish to ask the gentleman from Illinois one other 

question, if he will permit me, before be takes his seat. I would like 

to know if he would be willing to amend this order so that, in the event 

the consideration of the Butterworth option bill is defeated on account 

of want of time, we may extend the time for two more days, so as to 

consider that bill. 

Mr. C.ANNO.N. Oh, the Butterworth option bill will be taken care of if this order is adopted and we proceed to business under it. Next 

Tuesday and Wednesday are set apart for that bill, and the previous 

question is to be considered as ordered. The gentleman need have no fear about. the Butterworth opti6n bill. If he wants to pass iJ; and if 

this Hoose wants to pass it, the way to do it is to adopt this order. 

Mr. ENLOE. I do not think that is correct unless you give ample ·time, because you have placed it at the tail end, where it may be defeated for want of time. 

Mr. CANNON. The Butterworth option bill is placed by this order 

where it will be out of the power of the gentleman from Tennessee 

[Mr. ENLOE], or those who may sympathize with him to filibuster to 

prevent its consideration. 

l\Ir. ENLOE. No man can beat the gentleman from Illinois in fili- · 

bustering, when it comes to the use of his tongue and the consumption of time. -

Mr. BUTTERWORTH. My friendfromillinois [Mr. CANNON] un- stands that any privileged report may be made during the morning 

hour in the days covered by this order. 

Mr. CANNON. Oh, certainly. 

Mr. BUTTERWORTH. So that the river and harbor bill, being 

privileged, may be reported whenever it is ready. 

1>Ir. CANNON. Certainly. 

Mr. CRAIN. Why is the river and harbor bill excluded from this 

order? 

l\fr. CANNON. It is not excluded. 

Mr. CRAIN. I understood the gentleman to say a few m,inutes ago 

that it was e!:cloded. 

Mr. CANNON. How much time have I used, Mr. Speaker? 

'l'he SPEAK.ER pro temp01·e. Twenty minutes. 

l\Ir. FARQUHAR. I will ask the gentleman from Illinois whether 

there is any reason why even now, as the order stands, we should not 

add after '' general appropriation bills and conference reports thereon '' 

the words "and the consideration of the river and harbor bill." 

Mr. FUNSTON. Yes. 

1\Ir. FARQUHAR. What is the objection? 

Mr. CANNON. I will tell my friend. The object of the committee 

in reporting this rule is to have a ru.le that will secure the consideration of these bills of national importance between this time and ·wednesday of next week, leaving all of next Friday and all of next Monday and the morning hon.rs intact for such other business as the House 

may want to do. 

l\Ir. HERMANN. Is not the river and harbor bill a bill of national 

importance? 

.Mr. CANNON. Ob, certainly; but the river and harbor bill has got 

legs enough to take care of itself. [Laughter.] 

Mr. BUTTERWORTH. And to include the river and harbor bill 

would mean to defoat these agricultural bills. 

Mr. CANNON. Precisely. Now, I yield twenty minut.es to the 

gentleman from Georgia [Mr. BLOUNT]. 

Mr. CRAil~. Before the gentleman takes his seat will he do me the 

courtesy, as I have asked him a courteous question in a courteous m::m- ner, to let me know which statement I am to take as correct, that the 

river and harbor bill is included in this order or that it is excluded? 

Mr. CANNON. The gentleman is as good a parliamentarian as I am, 

and probably better, but--

Mr. CRAIN. I know my own opinion; I want yours. 

Mr. CANNON. In my opinion, the river and harbor bill, being 

privileged, could be reported back to the House and placed upon the 

Calendar. 

. My opinion is that on Friday or Monday, if it suited the House, they 

could proceed to consider the river and harbor bill, but, as I understand it, the time, with the exceptions I have stated, is to be devoted 

to the considerntion of the four bills named. I now yield twenty min· 

utes to the gentleman from Georgia [Mr. BLOUNT]. 

Mr. BLOUNT. Mr. Speaker, 1 wish to offer an amendment--

Mr. CANNON. Idonotyieldforthatpurpose. [Laughter.] Gentlemen may laugh, but I am entitled to the floor for an hour, and before that time expires I will test the sense of the House on ordering 

the previous question. If it suits the gentleman from Georgia to take 

twenty minutes of my time I shall be glad to yield it to him. 

Mr. BLOUNT. I want to ask the gentleman from Iilinois whether 

it would not suit him to let the House vote upon this proposition--

Mr. CANNON. I do not yield for an amendment. 

l\Ir. BLOUNT. It is to insert, after the words "general appropriation bills," the words "and the river and harbor appropriation bill." 

Mr. CANNON. No, sir; I do not yield for that. 

Ur. BLOUNT. Does the gentleman object to letting the House vote 

upon the proposition? 

Mr. CANNON. I do not desire to modify the order in that respect. 

The SPEAKER pro tempore. The gentleman from Illinois, as the 

Chair understands, yields twenty minutes tot.he gentleman from Geor.-

gin [Mr. BLOUNT] for debate only. 

l\Ir. CANNON. Yes, sir. 

Mr. BLOUNT. That means that I am to control the twenty minutes, for I may not want to use it all. 

Mr. CANNON. Certainly. 

Mr. FARQUHAR. Will the gentleman from Georgia yield to me to 

ask the gentleman from Illinois whether he will agree to strike out the 

word " thereon ?" 

Mr. CANNON. What does the i:tentleman mean? 

l\1r. FARQUHAR. ''General appropriation bills and conferencere· 

ports thereon.'' If that word 11 thereon'' is stricken out, we shall have an open field and there can be no question about the matter. 

Mr. CANNON. I will say to the gentleman that I will not agree to 

that, for the reason that the sundry civil bill, which is in conference, 

may possibly be ready within the time named and that is a. great mone.y 

bill. This order has been fully considered, and, if gentlemen will take 

it and study it and discuss it amongst them elves, they will see that if 

we are to pass the important measures to which it relates and take care of ot.her important legislation the order can not be modified with 

safety; at least that is my opinion. 

Mr. BLOUNT. I yield five minutes to the gentleman from Arkansas [Mr. ROGERS]. 

l\ir. ROGERS. Mr. Speaker, I rise to take judgment pro confesso 

against the Committee on Rules, because this order is itself a confession that they can not" do business , ' under the rules. .A.bout the only 

business we have done during the present session, except under these 

special orders reported by the corμmitt~e, has been done during the 

lasL six or seven days when we have gone to and cleared up the Speaker's 

table and done other things of that sort. But we now have an order 

in which the committee confess that under the rules we can not do anything. 

M:r. Speaker, I rise also-to invite attention to the fact that in this 

order (the execution of which is to consume pretty mu.ch all of the 

balance of the session, unless the indications are entirely deceptive) 

there ought to be some disposition made of the direct-tax bill. Why, 

sir, here is my friend from Ohio [Mr. BUTTERWORTH] connected with 

this great exposit.ion out in Illinois, the World's Fair; and the newspapers tell us he has coma back here to get some restriction taken off 

the legislation on that subject so that the preparations for the World's 

Fair may proceed. 

· Mr. BUTTERWORTH. Will you allow me to correct you, my friend? 

l\Ir. ROGERS. Do not take my :five minutes. 

Mr. BUTTERWORTH. You must not rely upon the newspapers. 

If you believed all they say about me or if I believed all they say 

about yon, neither of us would have a good opinion of the other. 

[Laughter.] I am not asking anything of the kind which the gentleman states. 

Mr. ROGERS. l\Ir. Speaker, I would like to know, if I could get an honest expression of opinion, what the gentleman thinks about himself. [Laughter.] 

Mr. BUTTERWORTH. Well, I have not quarreled with myseU 

this morning. 

Mr. ROGERS. I hold in my hand passages from the debate on the 

direct-tax bill in the la.st Congress. The newspapers tell us the gentleman bas come back here to ~et rid of some restrictions in the World's 

Fair bill. This sum of a million dollars, or thereabouts, which the 

State of Illinois would receive under this direct-tax bill would be a very great help to the enterprise, if the direct-tax bill could only be 

passed under this special order . .And the thing which a tonisbes me most is that, though of all the 

bills which commanded con ideration during the last Congress there was not, in ihe opinion of the Republican minority, a. solitary one that 

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1890. CONGR~SSIONAL REOORD-HOUSE. -' -. ' . 8823 

rose in prominence to equal the direct-tax bill and although the Sen- The persistent effort yesterday to defeat the proposition setting apart time for 

t bill th. b" t · b d I bi· 173 th C 1 d theconsidera.tionofthisbillwasledbyagentlemanfromAlabama, • • • and a e on lS SU ~ec IS num ere ' e ieve, on e a en a.r, no voting with him were almost exclusively gentlemen from the States yet in ar- man on either side of the House during this session, except myself, has rears, and it really seemed that the greater the arrears the more persistent the ever suggested that we ought to take up the direct-tax: bill; and I am activity in opposition. * * • one of the most uncompromising opponents it has or ever had.[ Laugh- Mr. Chairman, there is no "section" in this measure. There is no politics in it. There is one simple, straightforward pl"oposition to do justice to all, so far as ter.] the principal paid is concerned, and I am amazed at the fierce opposition it'enWhat is the matter with you? Why do you not embrace this bill. counters. From whence comes that opposition? · 

in vour order? I would like to call attention to some remarks made Whence comes the opposition now ? 

at the last session by my friend from Ohio over there [Mr. GROS- . Sir, I caught an idea the other day from a Republican paper pubVENOR], always good natured, of course, in connection with the direct;.. lished up in .Michigan. It said that the minority had filibnstered in 

tax bill: yearn gone by, and that to prevent that the majority had placed larger 

These motions ro!\y be indefinitely extended- power in the hands of the Speaker, and, continued the editor: 

Alluding to the parliamentary filibustering in the last Congress- Behold the Speaker himself has become the chief offender, he now prevents 

and I give notice now that if that ruling is applied, if God spares my life and it the consideration of o.11 business that does not suit him. 

I can get members of the minority to stand with me, this proceeding will be re- Why is it that you gentlemen who were keen as a brier in the last 

$Orted to upon questions that Will affect the majority most materially. * * " C t th" d. t-t b"}} d b • b t t'·~- " • f It is a step towards a complete and just reunion of the hearts of the people of ongress 0 pass IS uec ax 1 an ring a OU ~ renruou O 

this country. hearts," of which the gentleman from Ohio [.Mr.GROSVENOR] then spoke 

How I do reciprocate and respond to that sentiment of the gentleman so plaintively-why is it that some one of you can not be heard to ask 

from Ohio [laughter]; and, responding to it, I stand here to-day to ask that this measure be inserted in this order, so as to adjust this old ac- the House of Representatives in the interest of good feeling between count, of the existence of which you complained so seriously in the last 

the two great sections of this country and in the interestof the World's Congress. 

Fair, which was to" unite the blue and the gray, the North and the [Here the hammer fell.) 

South, the East and the West," that they vote down this demand for Mr. ROGERS. I wish I bad time to give the residue ofthesequotathe previous question and include this direct-tax bill under this gen- tions. I think\ I ought to take advantage of the precedent set a few days 

eral order. ago by my friend from IllinoIB and print them in the RECORD. I will 

But I get no sympathetic response from the gentleman from Ohio. do so. What change has come over the spirit of your dreams? Has the direct- Mr. BLOUNT. Mr. Speaker, the proposition in this order is to take 

tax bill no charms for you now that the responsibility of legislation is up, not one bill for consideration and determination, involvingamendupon you? men ts and debate, but a series of bills the consideration of which will 

The gentleman from Ohio did not st.and alone. The present Speaker run through several weeks. This House, for a series of d~ys or even 

of the House led that fight; and I have here also the remarks of my weeks, without having heretofore considered these several measures, 

friend from New Jersey Ll'i1r. BUCH.A.NAN]. Let us look for a moment is to be directed in advance, without the reading of a single one of the 

at the remarks first of the Speaker, of which I read a portion the other bills, without the benefit of the discussion ot a single one of them; is 

day. Here they are, from the RECORD, Fiftieth Congress, page 27Q2: to be directed in advance what consideration and what opportunity of 

Mr. REED. It is the desire on this side to allow ample opportunity for discus- amendment shall be had upon them. They are important measures, 

sion, if after that we can have a vote upon the bill. * * * I ask unanimous one relating to agricultural colleges throughout the country, the one consent that the previous question be considered as ordered at 4 o'cloek, and rel a tin~ to the inspection of meats, the lard bill, all matters of great that the vote be then taken upon the bill. * * ,. It is well to be frank and · ta t th 1 Th · ] th bill 1 · to d lin · we all know what we desire. There is no objection on the part of the friends impor nee 0 e peop e. ere lS a SO e re atrng ea g Ill 

of this bill to any discussion which ca.n be deemed reasonable on the part of options. All of these things are brought in under this order from the 

those who are opposed to it if at the end of that time we can come to a '\"ote. Committee on Rules, and a restriction plac~d upon the time, that is to • * * We, on our part, desire to give an opportunity for discussion to any ex- th t · ty to d d b t th It d tent which gentlemen may deem satisfactory within reasonable limits, but we say, upon e oppor Ulll amen or e a e e same. oea seem desire also the passage of the bill, and we do not wish to have it obstructed by to me, Mr. Speaker, that the House in its character of a deliberative 

dilatory motions or maneuvers. * * * I think we (to Mr. OATES] under- body is degenerating below common respectability. stand each other, and we can very easily test the question. The gentleman from Illinois [Mr. CANNON] bas stated that so far 

Mr. REED then moved the previous question, and that brought on as bills coming from the Committee on Agriculture were concerned 

the "deadlock,,, during which l\Ir. RX.ED led the forces of those that that committee had been consulted about it. I presume that the mawere so anxioa~ to P~ the direct-tax bill. (See pages 2710, 2711, etc.) jority members of the committee were consulted; but I am quite sureMr. REED said aga.rn (page 2776): that some of the minority members of the committee are utterly opI wa'!lt ~he ~en~le~an from A.ls.ba.~a [Mr. OATES] distinctly to understand posed to this order. I know that they are opposed to the considerathat this side ui wilJmg t~ allow aiy time for de~ate that anyreasonab.!e man tion of some of these bills which are fixed by this order· and 80 we can ask for on the other s1de, and every opportumty for amendment which the . . . . . . • . rrues of this House will allow. All we ask is that after the matter has been I have this condition of affairs: That, so far as compliance with the wIShes thor~ughly debated to the full satisfaction o.f ev:erybod_y on the other si<;ie, and of the minority ot the committee is concerned, like the views of the 

afte1 every ame!l~:nenthas been offered which ingenuity or the good wishes of minoritv members of this House on all of these questions they are anybody can origmate, then we shall have a vote on the bill. · . · . '· 

A in he sa"d (pa 2""76). utterly ignored. awl the dictum of the Committee on Rule.q 18 to take 

ga • 1 ge / · the place of the rules themselves and of the judgment of the House on l\fr. REED. Because your conduct is such that it is necessary you should com- these great questions. mityourselves in order to give us the assurance. And again (page 2788): Now, sir, it transpires that the committee have refused to allow the 

matter of the river and harbor bill to be considered at all. They have 

taken a number of days to be occupied by this order, aud the river and 

harbor bill is specially excluded. It certainly is a matter of great na- tional importance. What reason can there be for it? Why may it not 

occupy a portion of the time? Why may not the previous question be 

voted down on this order, and an amendment inserted allowing the 

river and harbor bill to be brought in and considered, and if that shall 

contract the time for debate on the otherpropositions, why not allow a farther amendment to be offered as to these bil!B, givmg longer time 

for debate and amendment or so much time as may be taken up with 

the river and harbor bill? I can conceive of no superiority in any of 

these measures over the river and harbor bill. To my mind it is a far more important bill than any other measure included in this order. 

Mr. REED. l\Ir, Speaker, in reply to whRt. the gentleman from Alabama [Mr. 

OATES] has so frankly said, I desire to say to him, as a matter of constitutional 

law, that under the Constitution of the United States the majority of the House 

of Representatives is competent, eo far as the House is concerned, to decide 

what amendments it will adopt, what amendments it will reject, what. bills it 

will refuse to pass, and my proposition, the proposition of gentlemen who are in favor or this bill, will simply execute that constitutional right. Under the 

Constitution legislation is the rest1lt of the action of a majority, not the result 

of a yielding of 166 members of the House to 62 members upon a question which 

the House is perfectly competent to deal with. 

And. again he said: 

It seems to me that this proposition is so clear tha.t it can not be misunderstood. 

If any (amendments] shall be adopted, then the matter will go into conference· 

if 11ooeof them shall be adopted. then the bill will pass as it!!tands, and will pas~ by virtue of ha vin~ a majm-ity of the Representatives of the people of the United 

States in favor of it. [Applause.] 

Page 2859: 

Mr. REED. The trouble is not a lack of a. quorum; it is a lack of behavior. 

The Speaker-now ma.kes no provision for the majority, his own party, 

to pass the bill he professed so earnestly to desire to pass in the Fiftieth 

Congress. 

See what my friend from New Jersey [.Mr. BUCHANAN] said (RECORD, Fiftieth Congress, page 2661 ). After explaining the facts relating 

to the tax act ()f 1861, and showing the amount remaining uncollected 

from fourteen States and Territories, he arraigned every Southern 

State for its non-payment and added thatThe table from the Treasury Department is the strongest argument which can be presented showing the inequalities of this colleciionAnd thatI am opposed to the order, therefore, because it annals and is intended to annul the rules of the House for debate and amendment on all these qo.estions; and running through days and weeks it binds 

the House to a strict consideration of special measures where there is 

no opportunity for deba.te and no opportunity for amendment, to the 

exclusion of other and more important matters. I favor voting the 

previous question down for the additional reason that it is proper and 

imwrtant to accompany the resolution with a provision for the con• 

sideration of the rfrer and harbor bill, which is of much interest to 

every section of the country, more interesting and more important to 

the Representatives on this floor than any other bill now pending; and 

I trust, therefore, the previous question will not be ordered, but that we may incorporate the river and harbor bill, or change the length of 

time for debate and order the previous question on any one of these 

The performances on thisflooryestcrdayandto-day a.re significant and merit measures as we may see fit, so as to give ample opportunity for discusnotice. sion and amendment. 

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8824 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

I yield the balance of the time to the gentleman from Tennessee prove on the Lord, it seems. [Laughter.] This is the way these 

[Mr. MCMILLIN]. 1 things come along. Butter came two years ago and demanded prcr 

The SPEAKER pro fempore. The gentleman from Tennessee has ten tection against hogs' lard; and now the hog ha.s wallowed bis way t.o 

minutes yielded to him. Washington and is rubbing his rusty sides ~ainst the corners of the 

Mr. McMILLIN. Mr. Speaker, one who looks at the special order Capitol and grunting out his appeal that he shall he protected against 

.that we are now asked .to adopt, and who appreciates that which is t.o cotton-seed oil. [Laughter.] So it goes; and this all to be done by come immediately after it or which will take effect as an order after 'Special rule; all to be done at the peril of exceedingly important 

the execution of the present one (a provision giving two days to the measures; all to hedoneattheperilof a bill whichappropriatestwentyCommittee on Labor), and who will at the same time reflect about the odd millions of dollars for rivers and harbors that have had nothing 

lateness of this session and the length and magnitude of the river and appropriated to them for two years. 

harbor bill, must conclude that if this order be adopted that bill is in For one I do not belie,-e it best to proceed in this way. My opinions 

great peril. on this subject are too welJ known to require amplification. It looks 

The order submitted now propo es to give two hours to-day to the to me that it is time for the House of Representatives to act as if it felt 

consideration of the agricultural college bill, the previous question to that it was able to take care of it.self without a guardian ad litem, tak1 

be considered as ordered at the expiration of the two hours' debate. ing its business up and disposing of it in a business-like way. 

Then two hours to be given to the meat inspection bill, and the pre- The SPEAKER pro tempore. The time of the gentleman bas ex· vious question ordered and a vote taken on that. To-morrow, Thurs- pired. The gentleman from Georgia has one minute yet remaining. 

day, and Saturday the time is to be devoted to the lard bill. Monday, Mr. BLOUNT. I wish to say, :Mr. Speaker, that I desire to offer 

if I remember correctly the provision of the rules, is the day for the the following amendment if the previous question shall be voted down. 

consideration of District of Columbia business, of which it was deprived The amendment is to include the river and harbor bill in the order. on the last clay, and we are not to presume that it will be again de- Mr. MCMILLIN. As among the things that may be excepted from 

prived of it. Next Tuesday and Wednesday, the 26th and 27th of the operation of this rule. 

August., are to be devoted to the options bill. Thursday and Satur- The SPEAKER pro tempore. The amendment may be read for inday of that week. we propose to give to the Labor Committee. Then formation. we are in this condition of affairs: We are brought to the lst of Sep- Mr. BLOUNT. No, I just announced it. I do not care to have it 

tember, for all we can now see, with a bill involving $24,000,000-tbe read. The gentleman from Texas [Mr. CRAIN] desires to announce river and harbor bill-that bas always aroused antagonisms in this an amendment, and I yield to him for that purpose. 

Honse, still not considered. Mr. CRAIN. It is the same amendment. 

Now, I will state to the House as my candid opinion that, if the pre- The SPEAKER pro tempore. The time of the gentleman has expired. 

vions question is ordered here and the special orderis made excluding Mr. HATCH. Will the gentleman from Illinois yiald to me for five 

from consideration the river and harbor bill, there is danger that that minutes? 

bill will fail; and gentlemen need not be surprised if that should be the Mr. CANNON. I yield to the gentleman three minutes. I would 

result. yield five if I could. I have but- ten minutes remaining, and I have 

l\1r. OATES. Will the gentleman yield for a. question? pr9mised to yield to two or three others. 

Mr. McMILLIN. With pleasure. The SPEAKER pro tempore. The gentleman from Illinois has twenty 

1\Ir. OATES. Is my friend able, as a member of the Committee on minutes yet remaining. 

Rules, to say whether there is any reason, coming from that committee, Mr. CANNON. Very well; I will yield t.o the gentleman from :Miswby the bill known as the a.lien land bill-the resolution to fix a day souri [Mr. HATCH] five minutes. 

introduced by myself more than a month ago bas been disregarded, bas Mr. BLOUNT. This is the ''equal division" that we were told 

been excluded from this order ? about. 

Mr. McMILLIN. I am not able to state. I think it should be con- Mr. HATCH. I do not want t.o interfere with the division of time. 

sidered. Mr. CANNON. Gentlemen upon the other side claim their time, 

Mr. OATES. For the c0nsideration of that bill there is a great de- and therefore I can not keep my word to others to whom I promised 

man<l from all part:8 of the country. to yield, ii I yield to the gentleman from .Missouri more than three 

Mr. McMILLIN. Unfortunately my friend from Georgia, Colonel minutes. 

BLOUNT, and! are not members of the majority of the Committee on Mr. BLOUNT. I claim my time, if I can get it by claiming it. 

Rules, and hence can not control its action. The SPEAKER pro tern.pore. Will the gentleman from Illinois [Mr. 

Mr. CANNON. I can give the gentleman the reason. CANNON] give his attention? The gentleman from Illinois consumed 

Mr. McMILLIN. Well, I prefer the gentleman would take his own twenty minutes in opening. The opposition have bad twenty minutes 

time for that and not consume mine, as mine is very limited. in reply. Out of the hour the gentleman still retains twenty minutes. 

Mr. CANNON. Very well. Mr. CANNON. Precisely; but I want to be fair to the gentlemen on Mr. MCMILLIN. Now, I have thought it proper to make this the other side. If I take ten minutes I feel that I ought to allow the 

sbtemeut concerning the peril of one of the gr~atest and most impor- gentleman from Georgia [Mr. BLOUNT] ten minutes. 

tant bills bdore the House, and to notify gentlemen, so that if they Mr. BLOUNT. I think so. 

adopt the previous question and force this order upon the House to Mr. CANNON. I will yield now to the gentleman from Georgia 

the exclusion of the consideration of all other business, if they commit eight minutes. 

the House to the consideration of these bills to the exclusion of the Mr. BLOUNT. I hope the gentleman from Missouri [Mr. HATCH] 

river and harbor bill, in view of the consequences from that action may be allowed to proceed now. . which I have suggested and the peril in which it places the river and Mr. CANNON. -I have no objection. 

harbor bill, they do it with their eyes wide open. I favor the consid- Mr. HATCH. I will be glad to take the floor at any time that I can eration of all measures looking to the improvement of drooping a!!ri- get it. 

culture. But I would not like to endanger the only means the farmers Mr. CANNON. I will yield three minutes t.o the gentleman. 

bave of getting their products to market cheaply. Mr. HATCH. I want to say a word to this side of the House--

It is true that Fridays are not provided for in this resolution. But Mr. CANNON. My friend, as I know, want:8 t.o save me trouble, 

is it to be presumed that after having taken eighteen Fridays away and I would be glad if he would give me back tho.'3e three minutes. I 

from the Private Calendar we are still going to inflict that wrong upon will give the time to him a little later. 

the claimants of this country, who now have over one thousand bills Mr. HATCH. I will yield it with pleasure. 

on that Calendar? For one, I say no; it ought not to be so if it is so. MESSAGE FROM THE SENATE. 

Now, as to these measures, here is the agricultural college aid bill, 

which provides for the appropriation of millions of dollars. When the A message from the Senate, by Mr. McCooK, its Secretary, announced 

original grants to these colleges were made they were made to the States that the Senate bad passed, with amendments in which concurrence and left to State control; but this grant is proposed to be given coupled was requested, the bill (H. R. 11439) making appropriations to sap ply 

with a condition; and the Secretary of the Interior is the judge of the deficiencies in the appropriations for the fiscal year ending June 30, 

fulfillment of the condition upon which the States may take these 1890, and for prior years, and for other purposes. 

sums of money. That much for the importance of that bill. That is The message also announced that the Senate bad passed with amendto be "shuffled off" at the end of two hours. I think it should be ment, in which concurrence was requested, the bill {H. R. 526) to auamended. It should never be left discretionary to Cabinet officers to thorize the Secretary of the Interior to procure aud submit to Congress 

determine whether or not the money shall be paid over. State officers a proposal for the sale to the United States of the western part of the 

should not have to report to him. Then the meat inspection bill is to Crow Indian reservation in Montana. 

come on, and it is to have two hours only. The message further announced that the Senate agreed to the amendThe lard bill is to have three days and be passed. It is a strange I meRts of the House t-0 the bills (S. 1502) granting a pension to Mary 

i:1pectacle that the Congress of the United States is going to legislate Ellen Fitzll:erald, and the bill (S. 3127) amending an act entitled ''An as to what men shall eat. We are proposing t-0 legislate hogs' fat into act to constitute Lincoln, Nebr., a port of delivery, and to extend tha 

the people. We are caught in the performance of saying that the provisions of the act of June J 0, 1880, entitled 'An act to a.mend the 

American people shall not eat anything but that which the Lord said I statutes in relation to immediate transportation of dutiable goods, and none of bis people ~ould eat. [Laughter.] We are striving to im- for other purposes, to said port of Lincoln.' " 

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CONGRESSIONAL RECORD-HOUSE. 8825 

The message further announced that the Senate agreed to the report 

of the committee of conference on the disagreeing votes of the two 

Houses on the amendments oi the House to the bill (S. 3163) to reorganize and establish the customs collection district of Paget Sound. 

The message further announced that the Senate had passed a bill 

(S. 4229) granting a right of way through cntain lands of the United 

States in the Territory of Utah, in which the concurrence of the House 

was requested. 

ORDER OF BUSINESS. 

l\Ir. CANNo:N·. I yield two minutes to the gentleman from Kansas [Mr. FUNSTON]. 

Mr. FUNSTON. Mr. Speaker, nine months of this session have 

passed. The Committee on Agriculture have faithfully attended to 

their duties. They have conceded to other committees of this House 

time for the consideration of other measures, and now, when the resolution is brought before this House for the taking up of agricultural 

measures, we find gentlemen on the other side of the House endeavoring to weight down the resolution with other matters in order to drive us from the field. I want to say to you, gentlemen of the river and 

harbor bill, if you knock out the Agricultural Committee at this time 

we will knock the river and harbor bill so high that you will never see 

it a,...aain. [Laughter.] 

It seems to me that the gentleman from Georgia [Mr. BLOUNT] and 

the gentleman from Tennessee [Mr. Mc MILLIN], in view of the general 

uprising in their own States, shonld concede to the Committee on Agl'iculture a day or two at least for the consideration of measures in 

which the agriculturists are most interested; and I say to yon now, 

whatever may be your motives, we tak~ your acts as having in view a 

design to consume the time given to the Committee on .A.jl;riculture. 

The Committee on Agriculture, I say, have waited nine months and 

we do not propose to wait any longer. If we are defeated, it will be 

by the very meu that have been crying out upon this floor that justice 

has not been done to the agriculturists of this country and that time 

has not been given to the Agricultural Committee. 

The SP EAKER pro tempore. The time of the gentleman has expired. 

Mr. CANNON. I now yield three minutes to the gentleman from 

Missouri [Mr. HATCH]. . 

Mr. HATCH. Mr. Speaker, every member of the Houseknows that 

I have been a very earnest and consistent opponent of special rules that 

have been brought in here from time to time for the consideration of 

certain-named bills. I have opposed these rules because I was opposed 

upon principle to the adoption of the code of rules adopted by the 

House. I have been most earnest in my oppo!'lition to them. For the 

first time, as the chairman of the Committee on Agriculture st.ates, in 

nine months, it is proposed by the Committee on Rules to give to the 

Committee on .Agriculture the only means by which important bills 

reported by that committee can be considered at this session. Grouped 

in this order are four of the most important bills considered by that 

committee during this Congress or of any that will be presented by any 

committee in the Fifty-first Congress for consideration. 

Behind these bills to-day are more voting thousands of earnest citizens 

than favor every species oflegislation upon your calendar [applause]; 

restless, excited, and anxious, 1rom one end of the country to the 

other to-day, simply because they have been shat out by the consideration of other matters from the consideration of measures reported 

in their interest just like those reported from the Committee on ~riculture, and I warn my friends upon this side of the House to-day to 

make no mistake in their votes upon the adoption of this rnle. While 

it is not all we are entitled to, it is the best we can do. and the Democrat representing an agricultural district in the House of Representatives to-day who throws an obstacle in the way of the consideration of 

these bills will rue it before the snow flies in November. [Applause on the Republican side.] 

It is pretty near time that this important committee, which has considered bills here from the beginning of this session, shall have time to 

present them to the Honse for consideration. I would greatly prefer 

that each one of these bills should be brought forward as we brought 

forward the oleomargarine bilJ, when we stood here for ten long days 

and fought that bill to a conclusion, and won it by one of the largest 

votes ever cast in the House of Representatives. [Applause.] 

The SPEAKER pro tem.pore. The time of the gentleman has ex- pired. 

Mr. CANNON. Before I give the time to the gentleman from Georgia--

Mr. HATCH. Just give me one minute more. 

Mr. CANNON. I yield the gentleman one minute more. 

Mr. HATCH. I wantto say this: I wantto reiterate what thegentlcman from Kansas [Mr. FUNSTON] said in regard to the river and 

harbor bill, that if the consideration and passa~e of the conference report on that bill is to stand in the way of the passage of this rule and 

the consideration of these bills, let the river and harbor bill wait until 

December next. (Applause.] 

l'llr. CANNON. I want to say a single word. 

:Itir. BLOUNT. Just here or before you close? 

Mr. CANNON. I want to say a single word before I yield to the 

gcutleman from Georgia. This order will not interfere with the con-

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sideration of the river and harbor bill before the rooming hour. During the morning hour the river and harbor bill can be called up as a. privileged question, and on Friday next or on Monday next it could 

be called up. 

Mr. UcMILLIN. Will my friend permit me right there? 

Mr. CANNON. Now, I want to say that there :is no antagonism 

nor intention to antagonize these bills so as to bring in any antagonism here. Now I yield to the gentleman from Georgia. eight minutes. 

Mr. BLOUNT. Ten minutes, the gentleman said. 

Mr. UANNON. No, I did not. I yield the gentleman eight minutes. 

l\fr. McMILLIN. In the time of the gentleman from Georgia, if he . -

will peunit me, I want to ask the gentleman from Illinois th:is question: He says the river and harbor bill is privileged. Does be not know 

that in its present status it is not privileged? It is now before the 

Commit.tee on Rivers and Harbors and has no more privilege than any 

other bill, and would have to beconsideredinCommitteeofthe Whole 

if any one should make the point of order against it. 

Mr. BLOUNT. Now I yield three minutes to the gentleman from 

Tennessee [Mr. ENLOE]. 

Mr. HENDERSON, of Illinois. If my friend will allow me--

Mr. BLOUNT. I can not yield to the gentleman from Illinois. 

Mr. HENDERSON, of Illinois. I want to state to the gentleman 

from Tennessee [Mr. MCMILLIN] that that is not conceded by any 

manner of means. It will be--

"The SPEAKER pro tempore. The gentleman from Tennessee [.Mr. 

ENLOE] is entitled to the floor. 

Mr. ENLOE. Mr. Speaker, as I understood the gentleman from. 

Missouri [Mr.HATCH], he raises the issue entirely upon theconsidera· 

tion of the river and harbor bill, and he says that the farmers of this 

country have risen up and have disturbed the old political organiza· 

tion because these questions have not been considered that are to ho 

beard under this special order. I want to say to the gentleman from 

Missouri that there is no farmers' organization in this country that is 

disturbing any political orgs.mization on account of the kind of Jard 

that shall be used. It is not an issue of the "negro and the hQg" 

that has disturbed the political organizations, but it is the infernal 

financial and revenue system of this country that has caused the farmers to rise up in their might and threaten to overthrow the political 

organizations; and I want to say--

Mr. HATCH. Will the gentleman allow me to interrupt him there 

by stating that the bill that he has advocated in committee-the option 

bill-is one of the bills to be considered under this order ? 

Mr. ENLOE. Yes, sir; and the option bill is placed in this order in 

such a way as to indicate that it has been selecterl a..~ a victim. It has 

been placed in the rear end of this order, when it is known that the _ 

time will be consumed and the bill thus defeated. Why do you not 

place that bill before the lard bill, as it involves a much more important question? But you have put it after the hogs, when you know that 

the consideration of the lard bill will consume all the time, and it will 

have to be disposed of first. 

Mr. CONGER. But the option bill has two full days. 

Mr. ENLOE. I know it gets two days, but it gets the last two dn.ys, 

and the bills considered in that order may not be disposed of, and the 

time for its consideration will thus be used. The gentleman did not 

want, and I predict right here and now that there will not be in tho 

House or in the Senate, a vote to sustain the Butterworth option 

bill, and it has been so placed in this order that it can not be consid- - ered and disposed of under this order. 

Now, as to Friday. The gentleman from Illinois says that the river 

and harbor bill being privileged may be considered on Friday or Monday. He says that so as to get gentlemen who want to have the river 

and harbor bill considered not to vote against this order; and I am justified in saying that no one who has watched the progress of this fight 

can doubt that the Committee on Rules and the majority party upon 

this floor have determined that there shall be no time devoted to the 

consideration of private claims, notwithstanding they make an exception of Friday in this order. 

[Here the hammer tell.] 

Mr. BLOUNT. The gentleman from Illinois [Mr. CANNON], in the 

outset of the debate, as I understood him and as he was generally understood, declared. that this order did exclude the consideration of the 

river and harbor bill. His last statement was a modification of that 

and was to the etfect that the river ~nd harbor bill might possibly get 

in in the morning hour in spite of the order. That this order will interfere very largely with that measure is quite patent from the refusal 

on the part of my friend from Illinois to allow me to offer my amendment. The orrler was intended to be a distinct exclusion of the river 

and harbor bill. Now, the bills to which the order applies are important. I may differ with some gentlemen as to whether they ought 

or not. to be passed, bat at the same time I am content for them to have 

a fair consideration under t!ie rules of this House. 

I have been contending for that all along, but for the simple reason that I have proposed an amendment the chairman of the Committee on Agriculture [Mr. FUNSTON] and the ex-chairman of that committee [Mr. HATCH] have discovered a purpose to defeat the considera-

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8826• CONGRESSION~ REOORD-HOUSE. . AUGUST 19, 

tion of the measures includell in this order coming from the Committee on Rules, and have made a threat that, if it shall so happen, we aTe to understand that the river and harbor bill, designed tor the improvement of the rivers and harbors and the reduction of freight rates 

throughout the country, is to be defeated--

Mr. HATCH. The gentleman does not mean to say that I have 

made any such threat? 

Mr. BLOUNT. Well, I will withdraw the statement as to the gentleman, if he disavows the threat. 

Mr. FUNSTON. Allow me to say--

Mr. BLOUNT. Not in my time. The gentleman is on record, and 

if his statement and mine do not correspond the record will show it, 

and he c::i,n take care of himself later. 

Mr. FUNSTON. Very well. 

Mr. BLOUNT. Now, there is nothing in my amendment proposing 

to include the river and harbor bill that would interfere with these 

other meaaure , and if the previous question shall be voted down and 

this amendment shall be included, it will then be quite competent to 

adopt an amendment albwing as much additional time as may have 

been consumed by the consideration of the river and harbor bill. The 

House can take another day or they can take as much additional time 

as may be necessary. The gentleman from Kansas [Mr. F ONSTO:Y] 

has referred to the fact that these measures are farmers' bills, and he 

says that down in Georgia and Tennessee there is a good deal of interest felt in our legislation here in relation to agriculture. That is tl'Ue, 

sir, but it is likewise true that the very bill which so stirs the soul or the gentleman Jrom Kansas and of my excellent friend from Missouri 

[Mr. IIATOH], the lard bill, excites quite a contrary sentiment in the 

sertion to which the gentleman from Kansas directs our attention, and 

therefore I am not at all disturbed by the scarecrow that be has set up. 

I hope that the previous question will be voted down. If the House 

is bent upon the cotIBideration of these bills under this order, I trust 

that the order will be amended to the extent of allowing the river and 

harbor bill to stand on the same footing with the other appropriation 

bills. I can see no objection to -that, and I trust that the Honse will 

vote _down the previous question and allow the amendment I have suggested to be voted upon. 

TheSPEAKERprotempO're. Thegentlemanfromillinois [Mr. CANNON] has five minutes remaining. 

Mr. OATES. I will ask the gentleman from Illinois--

Mr. CANNON. I can not yield now, as I have promised to yield 

three minutes to the gentleman from Ohio [.Mr. McKINLEY]. 

Mr. OATES. Then I will ask my friend from Ohio [Mr. McKrnLEY] if he can give me an explanation of why a day is not assigned for 

the consideration of what is known as the alien la.nd bill. 

Mr. McKINLEY. The gentleman from Alabama. inquires why the 

Committee on Rules have not given to his alien land bill a day in the 

resolution now under consideration. I want to say to the gentleman 

that, if he will only be patient and will help us to sustain and adopt 

these various resolutions and orders that we are bringing into the House 

to do the important business of the country, we will, I am sure, before the end of the session, endeavor to supply an opportunity for the 

consideration of his bill. 

Mr. Speaker, thilre is no public business the consideralion of which 

bas been so unanimously demanded as that which is included in the 

resolution reported this morning, and in giving these five days for legislation relating to agriculture, the Committee on Rules have but responded to the agricultural sentiment of the country, both North nnd 

South. 

Mr. Speaker, we have given to the Committee on Agriculture, for the 

bills which they propose to have considered, all the time that they 

have asked, and no gentleman on the other side has claimed in this discussion that we have not given to tho e bills all the time required for 

their fnH consideration. Again, Mr. Speaker, this rule of ours is not 

intended to antagonize the riverand harbor bill. Nobody ever thought 

of that. No gentleman of the minority of the Committee on Rules ever sug~ested it when we were considering this rule in the committee 

this morning. No gentleman there asked, in my hearing, to have the 

river and harbor bill excepted. 

M:r. BLOUNT. I certainly beard the question asked, and I submitted 

it myself. 

Mr. McKINLEY. So far as I have beard there was not a single 

suggestion before the Committee on Rules that the passage of this rule 

would in any wise interfere with the consideration of the river and 

harbor bill, and for one, if I had supposed that this rule would interfere 

with the river and harbor bill and its consideration at this stage of the 

ses ion, I myself would have been willing to make that exception. 

But the river and harbor bill will take care of itself. It always has 

taken care ot itself and it always will take care of itself at any stage 

of any session of Congress. Gentlemen on this side of the House who 

t.ake the responsibility of passing this rule will also take the responsibility of passing the river and harbor bill before we adjourn this session 

of Conf,!ress. [Applanse on the Republican side.] 

Therefore the appeal tnarle upon the other sirle upon the ground that 

we propose to exclude the river and harbor bill is made not because 

they love that bill, but because they propose to stand in opposition to 

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every rule that is brought in here fOi' the dispatch of the public business. That is all there is in the opposition which comes from that 

quarter. Not a single rule has been reported from the Committee on 

Rules that has not been opposed in precisely the same spirit that has 

been manifested here this moming in thG opposition to the pending 

rule. So I say, ?t!r. Speaker, that the pr vious question should be 

sustained and this rule should be adopted, so that these important 

agricultural bills which are demanded by the agricultural interests of the 

country may be speedily disposed of. An cl w bile I am on my feet I want 

to say further that the Committee on Rules, in suggesting the work for 

this week and a part of next week, have authorized a report of a rule 

to give the Committee on Labor two or th ree days to consider important labor bills pending before that committee or already reported to 

the House, and which the laboring interests of the country are justly 

pressing upon the attention of Con gres.~. 

Mr. FARQUHAR. What have you done with the shipping bill? 

Mr. McKINLEY. :Mr. Speaker, the gentleman from New York asks 

what we have done with the shipping bill. If the gentleman will give 

us time and will send a .resolution to our committee, which be might 

have done--

Mr. FARQUHAR. The resolution is there. 

Mr. McKINLEY. I can say, speaking for myself and myself alone, 

that I am ready to join in reporting a rule to give this House the right 

to consider not only the steam-ship bill, but the tonnage bill, which 

bears the gentlemi:1.n's name. 

The SPEAKEH. The gentleman's time has expired. 

Mr. CANNON. I now move the previous question. 

The previous question was ordered; there being-ayes 03, noes 45. 

The SPEAKER. The question is now upon the adoption of the reso- lution. 

Mr. FRANK. I demand a separate vote upon one of the propositions 

involved in this- order--

Several ME:U:BERS. Too late. 

Mr. FRANK. I refer to that clause which provides that the previ- ous question shall be taken on 'aturday next upon the bill defining lard. 

I demand a separate vote on that proposition. 

Mr. CANNON. I do not think that is a. distinct proposition upon 

which the gentleman is entitled to a separate vote. This order, which 

is so drawn as to dedicate a certain number of days for the considera· 

tion of certain business, must stand or fall as a whole. 

Mr. FRANK. That will be for the Chair to determine upon the 

reading of the resolution. I think I am entitled to a separate vote 

under the rules. 

The SPEAKER. The Chair will state that the test to be applied in 

such a case as this is whether after the matter on a division is asked 

shall have been separated 1rotn the rest there will remain a substantive 

proposition--

~1r. FRANK. Precisely; and I think this case will successfully 

meet that test. 

Mr. BLAND. Do I understand that my colleague [Mr. FRANK] 

does not desire to fix any day at all for the consideration of the bill 

which he has named? 

Mr. FRANK. No, sir; I desire--

Mr. BLAND . . While I may ag.ree with my colleague as to the particular bill pendingt I would like to have the question considered. 

Mr. FRANK. I desire the consideration of that bill. But the proir 

osition on which I desire a separate vote is this: 

Ilouse bill 11568 defining lard, on which the previous question shall be con- sidered as ordered at 4 o'clock p. m., Saturday, August 23. 

The SPEAKER. Does the gentleman consider the words ''on which 

the previous question shall be considered as ordered," etc., as a substantive proposition ? 

Mr. FHANK. I do unquestionably. 

Mr. BL.A.ND. I rise to a parliamentary inquiry. Does this order 

cut off all amendments and substitutes? Are we bound to vote on the 

bill only or can amendments be offered? 

Tbe SPEAKER. Amendments can be offered. The gentleman from 

Missouri [l\fr. FRANK] will perceive at once that if the propo8ition be 

bas indicated should be voted down, there would remain no substantive proposition--

Mr. FRANK. If the part of the resolution which provides for the 

previous question were voted down, th 're would still remain--

The SPEAKER. Bnt the questions must be taken in their order. 

Ir. FRANK. Very good; then I ll mand a separate vote on that 

part of the report which is embraced. i n these words: 

Tllat after the disposition of said bill th Ilou e proceed to the consideration of House bill 1156 , defining lo.rd, etc., o ' which the previous question shall be considered n.s ordered at 4 o'clock p. m.., . '.iturday, August :!3. 

I demand a separate vote on that pro ) osition, if I aru entitled to it. 

The RP EAKER The proposition for the consideration of the lard 

question? 

Mr. FRANK. Yes, sir. 

l\Ir. CANNON. I still think that this order must stand or fall as a 

whole. The Chair will notice that it sets aside certain days for the 

consideration of business of the CommHtee oo Agriculture. It provides first for the consideration of a certain bill; and, after that is con-
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1890. CONGRESSIONAL RECORD-HOUSE. 1' • 

8827 

sidered and disp6sed of, the consideration of another; and so on, each one hingeing on the others. If you strike out any part of this the whole 

falls. It seems to me that, this being a proposed order or rule-really 

yon: may call it a rnle-eovering certain days and de~icating those days 

to the consideration of these bills, you can not strike out one clause 

without destroying the rest, because one hinges upon the others. The 

resolution stands or falls as a whole and was so intended. 

Mr. BLOUNT. M:r. Speaker, I do not see why the gentleman from 

Missouri has not a right to demand a separate vote on the proposition 

in relation to compound lard. What is this order? Let us not be so 

very technical that we can not do what the rules inte!1d we.should d~. 

What is this order? It is intended to allow the consideration of van· ons bills which are named, with a particular time assigned•to each. 

That is ti1e whole of it. Now, if the gentleman wants to raise a question as to the allowance of time to one of these bills, I can not see w by, 

if that clause should be struck out, there would not remain a substantive proposition. There is still left the order relating to the time for 

the consideration of the other bills. There will be no confusion. If 

the House should determine to strike out this clause, then what? 

The orde;i: provides for the consideration of the several other bills with 

the time assi~ed to each--

The SPEAKER. This order provides an order of business for a. certaill number of days. The first part of the proposition contains a declaration that a. certain number of days shall be devoted to the consideration ofa designated bill--

1\Ir. BLOUNT. Mr. Speaker, that is not all. 

The SPEAKER. This is a proposition rather to strike out than to 

divide. That could have b~en got at by voting down the previous 

question and ma.king a motion to strike out. 

Mr. BLOUNT. The declaratory part of this is qualified by what 

follows. 

The SPEAKER. Precisely; that is just it. 

Mr. BLOUNT. Then what follows is as to a given time to be devoted to the agricultural aid bill, and a given time to the inspection 

of meats, and a given time to the lard bill, and also a given time in 

relation to the bill defining options. That is really the purpose of it, 

and the declaration of time in the beginning is a mere summing up. 

The rule assigns to these bills or underta.kes to devote so many days 

to their consideration and simply sums up the time which the bills 

will consume. Now, if you take out any one of the bills you simply 

reduce the time to that extent. 

If you vote out the time to any one of them, and then execute the re- mainder of the order, you will use no more time than that assigned in 

the order to the other bills, and the declaration in the early part of 

the order in relation to the lapse of time which is to be consumed will 

be modified to conform to any construction the House may make of 

the order in that regard. It does seem to me that that is a practical 

view of the question, and tha.t any other view of it is a violent mode 

of reasoning. 

Here is a proposition to consider various bills and one of them a bill 

of great importance to the gentleman from St. Louis. He wants the 

House to say whether as to this particular bill it will consider it at all. 

That is all that his demand presents. I tis the ordinary way ofapplyin"' the rule; and to attempt now by a strict, unreasonable construc- ti~ of the rule to deny to the gentleman the right of allowing the 

House practically to say whether it will take up the bill or not, seems to me to be a most unreasonable construction. If that is the rule of 

the House, if that bethe true construction of the rule, it is about time 

that we were taking a larger view of business here by amending the 

rules themselves. 

uch a construction was never contemplated and I do not think that 

anything can justify it. The rules ought not to be construed to deny 

rights which are proper to any gentleman on the ftoor. They ought 

to be construed in their broadest sense. The gentleman from Missouri, 

by the practices of the past and by the construction of the very rule of 

the IIouse itself, has undnubtedly the right to exercise it now, and 

here so far as I know in the history of this House is the first time that 

a member is to be denied a right which is unquestionably his, by a technical, strange, unprecedented construction of the rule. 

Mr. DIBBLE. Mr. Speaker, the previous question operates to shut 

off debate and to bring the House to a direct vote on the question, but 

it doe'l not interfere with the right of a division of the question, where 

it can be divided. 

The SPEAKER. No; but the gentleman does not st..'lte it quit.e ac- curately. It is where the question can be divided so that a substantive proposition will remain. 

Mr. DIBBLE. Certainly; I am coming to that. Where the question can be divided and where a substantive proposition remains after 

excluding the part on which a separate vote is demanded. 

The SPEAKER. But the gentleman from South Carolina must bear 

in mind that the language of the rule is that the question can be divided. It is not a proposition that a separate vote can be taken on one part, but that the question can be divided so that a vote can be tak~n 

on the remaining part as well. 

1'1r. DIBBLE. Certainly; and I propose to show by the order that 

that is entirely praeti.cable in the ease now under consideration. 

Now, if a separate vore be taken first on the agricultural college aid 

bill-suppose the House should defeat that part of the order-then the 

order will read with a substantive proposition remaining: 

First, to the consideration of Senate bill 259!, inspection of meats for c:rpor- tation. 

The SPEAKER. Would that be a. substantive proposition? 

Mr. DIBBLE. Yes, sir. It might occupy the same time that therule fixes for it. The effect of it would be that the time that the 

agricultural college aid bill was to take up of these days at the beginning shall be taken up first by Senate bill 2594, "inspection of meatiS;" 

then the lard bill, and the other bills following in their consecutive 

order, and in the same way any .one of the bills and each of the bills 

could be taken out of the resolution. ' 

The SPEAKER. The gentleman from South Carolina gets over the 

difficulty the-Chair has in mind by not paying attention to what would 

be left after the division of the question. Will the gentleman strike 

out the first proposition and see what would be left? Read what 

would be left for the House t-0 vote upon. 

Mr. DIBBLE. I will do so. I will take the resolution itself. It 

provides-

.Resolved, That Tuesday, Wednesday, Thursday, and Saturday, ~ugust.19, 20, 21 and 23, and Tuesday and Wednesday, August 26 and 27, after sixty mmutes or' the morning hour, be fixed for the consideration in the House; • • • First. To the consideration of Senate bill 2594 (inspection of meats for expor- tation), on which the previous question shall be considered asordered after two hours-

.And so on. 

Mr. SPEAKER. That you purpose to strike out. 

1\Ir. DIBBLE. No; I purpose to strike out the clause relating to the 

first bill, if that was the one on which a separate vote was demanded, 

and I have read the resolution. leaving out the first bill and reciting 

the second. 

The SPEAKER. That is to say, all of tho resolution down to that 

point. 

l\Ir. DIBBLE. Yes, all of the resolution that relates to that bill. 

That is, all relating to the agricultural colle6e aid bill. Now, if you 

strike out all relating to the inspection of meats bill which follows, 

then it will leave the substantive proposition a,...uain that the Honse 

will proceed at a certain time to the consideration of the bill definfug 

lard; and then you go on to the bill defining options. And in the same way you can take up the bill defining lard, which is the third 

mentioned here and leave asuhstantive proposition grammatically ex- pressed occupying the whole of the remaining time, which would be 

the consideration of the options bill. 

It is the House deciding to devote the time t-0 three of the bills instead of four of the bills, and the order with that eliminated reads 

gramm~tically, sensibly, and correctl;v. :r'herefore a substa!1~':e proposition Is left, and therefore the question Is capable of four div1s1om, or any one of the four, at the demand of a member, under the rules. 

Mr. FRANK. Now, Mr. Speaker, I desire to be heard for a moment. 

The SPEAKER. The gentleman from Missouri. 

Mr. FRANK. The demand that I have made has been made under 

subdivision 6 of Rule XVI, which reads as follows: 

6. On the demand of any member, before the question is put, a question shall 

be divided if it include pmpositions so distinct in substance that one being 

taken a.way asubstanti'\-"e proposition shall remain. 

Now, Mr. Speaker, what is the question upon which a vote is to be 

taken? It is upon this--

The SPEAKER. Where does the gentleman purpose to make the 

division? 

l\:Ir. FRANK. I am coming to that. 

The SPEAKER. Between just what words? 

Mr. FRANK. I propose to make the division after the consideration 

of Senate bill 2594 has been fi.nalJy determined by the previous question. 

The SPEAKER. That is the first division, after the word '' ques- " 

tion," is it? 

Mr. FRANK. No; the last words of that proposition are the words 

''after two honrs. n 

The SPEAKER. Now, will the gentleman start at the beginning of 

that proposition and read it? 

Mr. FRANK (reading): 

First, afier the adoption of this order, of Senate billThe SPEAKER. No; will the gentleman begin at the beginning of 

the proposition? 

Mr. FRANK. Very well, I will do that. 

Resolved, That Tuesday, \Vednesday, Thursday, and Saturday, August 19, 20, 

21, and 23, and Tuesday and Wednesd,~y, August 26a.nd 'l:l, after sixty minutes ot the morning hour, be fixed for consideration in the Honse, namely, first, after 

the adoption of this order, of Senate bill 3TI4, the agricultural a.id bill, on whioh 

the previous question shall be considered as ordered after two hours. 

That is the first snbstantive proposition. 

The SPEAKER. That is the first substantive proposition. 

M:r. SPRINGER. Now, omit that. 

Mr. FRANK (reading): 

And that after the disposition of said billThe SPEAKER. After the disposition of what? All that has been 

stricken out, on the supposition of the gentleman. 

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8828 CONGRESSIONAL RECORD-HOUSE. AUGUST 19 

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Mr. FRANK. It would be taken away only temporarily. 

The SPEAKER. Does not the gentleman see that he bas not a substantive proposition left? 

Mr. SPRINGER. Read your substantive proposition. 

Mr. FRANK. The substantive proposition is: 

First, to the consideration of Senate bill 259-i, the inspection of meats for ex- portation, on which the previous question shall be considered as ordered after 

two hours--

The SPEAKER. That depends upon the disposition of the other 

one, and the other one will not be disposed of, on the gentleman's hypothesis. 

Mr. FRANK. If yon take away one substantive proposition, doei:1 

JJot the substantive proposition remain that we shall then proceed to 

the consideration of the next proposition? 

Mr. GROSVENOR. When? 

The SPEAKER. No, the next proposition is, after the other one h 

been disposed of--

Mr. FRANK. Then the rule has no sort of sense in it. 

Tne SPEAKER. It bas no sort of sense in its application to this, 

perhaps. That is precisely what the Chair was_ trying to point out to 

the gentleman. 

Mr. FRANK. Then, can the Speaker give us an illustration of a 

case where it would have application? 

The SPEAKER. Certainly; in the well known instance of an election case, where there are suhstantive propositions which can be separated. There are two ways of getting at a matter of this sort. One 

is by amendmen.t. That the House has decided not to do. 

:Mr. FRANK. Well, then, Mr. SpeakerThe SPEAKER. The Honse isdeprivedofnopower whatever; only 

the House has determined not to separate this, and not to modify it, 

and not to amend it, but to accept it or reject it as it stands. 

Mr. SPRINGER. Mr. Speaker, I make the point of order that the 

gentleman from Missouri is entitled to the floor without interruption. 

Mr. FARQUHAR. Is it not a fact that this resolution, as it now 

stands, is indivisible? 

Mr. SPRINGER. The point I make is that the gentleman from Missouri [Mr. FRANK] is entitled to the floor. 

The SPEAKER. The gentleman is entitled to the floor. The Chair 

is asking him questions. 

Mr. McCLAMMY. I think we should have order while the discussion is going on. Mr. FRANK. I desire to present this matter in such form as that 

the House may act upon it, and I desire to move to recommit this re- port to the Committee on Rules with instructions that they report the 

satne with this alteration: That the option bill precede the consideration of the bill defining lard, and that they report this resolution with 

that change. 

The SPEAKER. That motion the gentleman can make. The question is on the motion of the gentleman from Missouri [Mr. FRANK] 

to recommit with instructions to strike out--

Mr. FRANK. No; not to strike out, but to change the sequence of 

consideration, namely, that the option bill shall be considered before 

the lard bill; that they just change places. 

Mr. GROSVENOR. Transposing the two propositions. 

The SPEAKER. The- gentleman from Missouri must indicate more 

definitely than that what his proposition is. The Chair does not believe it would be possible for the committee to know what the order of 

the Honse was under that statement. · Mr. FRANK. That the order be recommitted to the Committee on 

~ules with instructions that they report this resolution back, making 

this change: That after the disposition of the bill for the inspection 

of meats they proceed to consider House bill 5353, defining options, on which the previous question shall be consUered as ordered at 4 

o'clock p. m., Saturday, August 23, and that on Tuesday, August 26, 

the House shall proceed to the consideration of Honse bill 11568, defining Jard, etc., on which the previ6us question shall be considered as ordered on Wednesday, August 27, at 3 o'clock p. m. The SPEAKER. The question is on agreeing to the motio~ of the 

gentleman from Missouri as stated by him. 

Mr. BLAND. Mr. Speaker, the question is not understood here. 

Mr. BLOUNT. The question bas not been stated. 

The SPEAKER. The gentleman from Missouri has stated the proposition that the option bill be substituted for the lard bill and the 

lard bill for the option bill in the order of consideration. 

Mr. CANNO.N. And the time will be broken up and the order 

broken up. The question was put on the motion of l\fr. FRANK; and the Speaker 

announced that the ''noes'' seemed to have it. 

Mr. FRANK. Division. 

The House divided; and there were-ayes 46, noes 103. 

Mr. ENLOE. Yeas and nays. 

Mr. McCLAMM)'.. I make the point of no quornm. 

The question was taken on ordering the yeas and nays. 

The SPEAKER. Twenty gentlemen have arisen in support of the 

demand for the yeas and nays-not a sufficient number. 

Mr. ENLOE. The other side, Mr. Speaker. 

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The SPEAKER (after counting the other side). One hundred and 

nineteen gentlemen h~ve arisen in opposition to the demand for the 

yeas and nays, and the yeas and nays are refused. The yeas are 46, 

the noes 103, and the motion to recommit is lost. The question now is on the adoption of the resolution. 

The question was taken; and the resolution was agreed to. 

AGRICULTURAL COLLEGES. 

The SPEAKER. The Clerk will read the first bill. 

The Clerk read as follows: 

A bill (S. 3714) to apply a. portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of a&riculture 

and the mechanic arts established under the provisions of an act of Congress a.pprov~d July 2. 1862. 

Be it enacted by the Senate ttncl House of Representalices of the United ·Ylales of merica in Congress assembled, That there shall be, and hereby is, annually 

ppropria.ted, out of any money in the Treasury not otherwise al>propriated, 

arising from the s~les of public lands, to be paid as hereinafter provided, to each 

State and Territory for the more complete endowment and maintenance of 

collei?es for the benefit of agriculture and the mechanic arts now established, or which may be hereafter established, in accordance with a.n act of Congress 

approved July 2, 1862, the sum ofS15,000 for the year ending June 30, 1890, and an annual increase of the a.mount of snch appropriation thereafter for ten years by an additional sum of$l, 000 over the preceding year, and the annual amount to be paid thereafter to each State and Territory shall be 525,000: Provided, 

That no money shall be paid out under this act to any State or Territory for 

the support and maintenance of a college where a distinction of race or color 

is ma.de in the admission of students, but the establishment and maintenance 

of such colleges separately for white and colored students shall be held to be a compliance with the provisions of this act if the funds"recefved in such State or Territory be equitably divided as hereinafter set forth: Pr01Jided, That in any State in which there has been one college established iu pursuance of the act 

of July 2, 1~62, and also in which an educational institution of like character 

has been established, or may be hereafter esto.blished, and is now aided by such 

State from its own revenue, for the education of colored students in ag;riculturs 

and the mechanic arts, however named or styled, or whether or not it has re• ceived money heretofore under the act to which this act is an amendment, the 

Legislature of such State may propose and report to the Secretary of the Interio! a just and equitable division of the fund to be received under this act betweeQ one college for white students and one institution for colored students esta\>. 

lished as aforesaid, which shall be divided into two parts and paid accordingly, 

and thereupon such institution for colored students shall be entitled to the bene· 

fits of this a.ct and subject to its provisions as much as it would have been if U 

had been included under the a.ct of 1862, and the fulfil I ment of the foregoing pro• 

visions shall be taken as a compliance with the provision in reference to sep~ 

rate colJej?eS for white and colored students. 

SEC. 2. That the sums hereby appropriated to the States and Territories for 

the further endowment and support of colleges shall be annually paid, on or before the 31st day of July of each year, by the Secretary of the Treasury, upon the warrant of the Secretary of the Interior, out of the Treasury of the United 

States, to the State or Territorial treasurer, or to such officer as shall be desig· nated by the laws of such State or Territory to receive the same, who sha.JJ, upon the order of the trusteeti of the college or the institution for colored stu• dents, immediately pay over said sums to the treasurers of the respecth-e col• 

leges or other inst.itutionsentitled to receive the same, and such treasurers shall 

be required to report to the Secretary of Agriculture and t-0 the Secretary oft.he 

Interior, on or before the 1st day of September of each year, a detailed state- mentof the amount so received and of its disbursement. The grants of moneySI au tborized by this Mt are ma.de subject to the legislative assent of the several 

States and Territories to the purpose of said grants: Provided, That payments 

of such installments of the appropriation herein made as shall become dae to any State before the adjournment of the regular session of the Legislature meet- ing next after the passage of this ac£ shall be made upon the assent of the gov- ernor thereof duly certified to the Secretary of the Treasury. 

SEC. 3. Th.it if any portion of the moneys received by the desl.rnated officer 

of the State or Territory for the further and more complete endowment, sup. port, and maintenance of colleges, or of institutions for colored students, as pro· vided in this act, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs 

and until so replaced no subsequen~ appropriation shall be apportioned or pa.id to such State or Territory; and no portion of said moneys shall be applied di· 

rectly or indirectly, under any pretense whatever, to the purchase, erection, 

presen·ation, or repair of any building or buildings, An annual report by the 

president of each of said colleges shall be made t-0 the Secretary of Agriculture, as well as to the Secretary of the Interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and 

expenditures, its library, the number of its students and professors, and also as to any improvements and expedments made under the direction of any ex· periment stations attached to said colleges, with their cost and results, and such 

other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further en- dowed nnde1· this act·. · SEc. 4. That, on or before the 1st day of July in each year after the passage of 

this act, the Secretary of the Interior shall ascertain and certify to the Secretary of the Treasury as to each State and Territory whether it is entitled to receive 

its share of theaonua.I appropriation for colleges or of Lfor] institution& for colored 

students, under this act, and the amount which thereupon each is entitled, re- spectively, to receive. If the Secretary of the Interior shall withhold a certili• cate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the President, and the amount involved shall be kept 

separate in the Treasury until the close of the next Congress, in order that the 

State or Territory may, if it should sn desire, appeal to Congress from the de~ 

termination of the Secretary of the Interior. If the ne.xt Congress shall not di- rect such sum to be paid it shall be covered into the Treasury. And the Secretary of the Interior is hereby charged with the proper administration of this 

law. 

8EC. 5. That the Secretary of the Interior shall annually report to f'.ongress the disbursements which have been made in a.11 the States and Territories. and 

also whether the appropriation of any State or Territory hns been withheld, 

and if so the reasons therefor. 

Sn:c. 6. 0oogress may at any lime a.mend, suspend, or repeal any or all of the 

provisions of this act. 

Mr. McCO:\IAS. I yield to the gentleman from Ohio [1\Ir. JOSEPH 

D. TAYLOR1 to offer an amendment, which I accept. 

Mr. JOSEPH D. TAYLOR. Mr. Speaker, I offer the amendment 

which I send to the Clerk's desk. 

The Clerk read as 1ollows: 

In section 1, line 17, after the word "dollars," insert: "To be applied only to instruction in agriculture, the mechanic arts, the English language, and tb.e 

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1890. CONGRESSIONAL RECORD-HOUSE. 8829 

various branches or matherua.tica.l, physical, na.turo.1, and economic science, with 

special rcfe1·ence to their applications in the industries of life, and to the facilities for sucb instruction." • 

Mr. l\IcCOMAS. There should be some arrangement made as to the coru umption of the time, there being two hours' debate, so that the 

disposition of the bill may not conflict with the other orders. I shall 

ask the House for a vote after two hours' discussion. I suppose the 

gentleman from Kentucky [Mr. CARUTH], my co1Ieague on the committee will be recognized to control the time on that side. 

Mr. 1CARUTH. Is it proposed to take a vote on this bill this evening? 

Mr. UcCO~fAS. It is. 

l\Ir. CARUTH. That would bring it to a quarter of G o'clock, and 

I would therefore suggest that the vote take place the first thing in the 

morning. 'Ve would not have a quorum at 6 o'clock, and the consequence would be that the vote would fail. 

Mr. McCOllAS. But it mav be that the debate will not take two 

hour . The House may consent to take a vote before that time, as it 

may shorten the debate. 'Ve can not tell. 

Mr. CARUTII. I know the gentleman from Maryland is very longwinded, anrl it may not be possible to shorten the time. 

Mr. M cCO)!AS. If the gentleman from Kentucky, my colleague, 

will help we will be able to reach a vote this evening. 

l\Ir, CAUUTH. I think yon had better agree to take the vote in the 

morning. . ..:fr. WILLIAMS, of Ohio. I ask unanimous coment that debate be 

limited to one Lour and fifteen minutes. 

Mr. M:cCOMAS. If we can get unanimous consent to shorten the 

time of debate--

Mr.' CARUTH. Ob, no; I will not agree to that. 

Mr. McCOllAS. Then we will try to get a vote if gentlemen do not 

exba.u t the time. . Mr. CARUTH. I do not know that debate will exhaust the time, 

but I am afraid that debate may exhaust the House, and at the close 

of debate there will not boa voting quorum present. 

Mr. McCOMAS. We can probably get a vote this evening. [Cries 

of "Vote!" "Vote!"] 

The SPEAKER pro temporc. The question is on the amendment 

offered by the gentleman from Ohio. 

Mr. ADAM~. I hope the gentleman will allow me to offer an amend· 

ment to that amendment. The wonl " political " should be in erted 

in that amendment be1ore the word " economic; " so that it win read, 

"Political and economic sciences." I do not believe in any institution 

of learning supporte<l by Government money in which the nature of 

the Constitution of the United States and the laws of the United States are not part of the instruction, and I move to amend the amendment 

by insertin~ the word "political" before the word "economic." 

l\Ir. BLAND. 'What sort of politics does the gentleman want 

taa~bt? 

Mr. JOSEPH D. TAYLOR I think if the amendment be read again 

it will be apparent to everybody that the Constitution of the United 

State.· is embraced. I do not know how you could know very much 

about economic ciences without understanding the Constitution of the 

United States, and therefore I ask that the Clerk report the amendment again. 

ENROLLED BILL. 

The SPEAKER pro tempore. The Cha.ir de ires to lay before the 

Hou.ea report of the Committee on Enrolled Bills. . lr. KEN:N'EDY, from the Committee on Enrolled Bills, reported 

that they had examined and found truly enrolled the bill (H. R. 6451) 

to establish a national milit:iry park at the b:ittle-field of Chickamauga; 

when the Speat?er signed the same. 

.AGRICULTURAL COLLEGEtl. 

Mr. ROGERS. Mr. Rpeaker, the word "dollars" does not occnr in line 18 of the bi11, as stated in the amendment of the gentleman from 

Ohio. 

l\Ir. GROSVEN'OR. I think it must he section 2. 

Mr. McCO~IAS. It i'! ri~ht in the bill, after" dollars," in line 17. 

Ur. GRO:-;VESOR In what section? 

Mr. Mr.COMAS. In section 1 of the bill, on page 2, 

1\1 r. ROGERS. The word "dollars" is not in that line. 

The SPEAKER pro te111pore. The Clerk will report the amendment 

ns it will occur in the original bill. 

Mr. GROSVENOH. What page is it on? 

Mr. McCO~IAS. Page2. 

l\Ir. G ROSVEN'OR. The word "dollars" is not in thnt section. 

The RP EAKER pro tcmpore. The bill as read by the Clerk has not 

been printed. The Clerk is reading from the Senate bill. 

Mr. McCOM:AS. The amendment was offered hy my colleague with 

the consent of the whole committee, with the understanding that his 

amenrl meat is to come in after the word "dollnr:-1," in line 17 of the 

fir :t 1'ection of the bi11. 

• Ir. JO EPH D. TAYLOR. In line 18. 

Mr. IcCO~lA.. No; in line 17. I bold the bill in my band. 

After the word "dollars," in line 17, the amendment comes in. 

l\Ir • .JOSEPII D. TAYLOR. It is not that way in the bill that I 

hold in my hand. The word "dollars" is in line 18. 

l\Ir. BLOUNT. I would like to ask the gentleman if that is the 

bill as it pa8sed the Senate? , .Mr. McCOMAS. I have the bill 38 reported to the House, and my 

colleagues have the bill as it was reported to the Senate. 

l\lr. GROSVENOR. Why can not we ~et the bill as reported? 

l\Ir. McCOl\IAS. My colleague from Ohio has the right bill, but 

the wrona print. I have the liouse print of July 12, 1890, accompa· 

nying my report, from the Committee on Education. 

Mr. BLOUNT. If the gentleman from Maryland will a1low me, I 

understand that the bill a.s reported to the House has never been 

printed. 

Ur. McCOMAS. The bill has been printed, but it is exhausted. I 

bad groat trouble in gettio~ a copy myself yesterday. The amendment which my friend from Ohio [Mr. JOSEPH D. TAYLOR] offers 

comes in line 17, after the words ''twenty.five thou.cmnd." 

l\Ir. BLOUNT. As wo have not the bill, I hope my friend from 

Marvlnnd will ~ive us some explanation of how this differs from the 

Senate bill. 

Mr. McCO~f AS. I am very sorry that my friend has not the bill. 

Mr. BLOUNT. I am not the only gentleman that has been unable 

to get a copy of the bill, and, as there are so many in the same ~it?-a· 

tion, I think the gentleman ought to supply the defect by explarnmg 

the difference hetween this and the Senate bill. 

l\Ir. McCOUAS. The difference is that in the Senate print, at the 

bottom of the first page, the word ''thirtieth" occurs, and on the 

second page of the Senate print the word "dollars" comes in the 

eighteenth line, wblle in the Honse print it comes after the words 

"twenty-five thousand," in the seventeenth line. The bills are word 

for word alike. 

The SPEAKER pro 1'111JJOl'C (Mr. BURROWS). If there be no objection the amendment proposed by the gentleman from Ohio will be 

agreed to. 

Mr. ROGERS. I think the amendment ought to be explained. 

l\Ir. McCOl\IAS. If I am recognized in my own time I will make 

a brief explanation. · Mr. BLOUNT. The gentleman from Tennessee [Ml'. :MCMILLIN] 

informs me that the House bill is the same bill that was reported to 

the Sena.te from the committee, but wa~ not passed by the Senate. Is 

tba t correct? 

Mr. McCO::\IAS. I repeat that the proper bill (which I am sorry is 

exhausted, but of course I have no control of that matter) is Senate 

bill :3714, upon which I had the honor to maike a report (No. 2697) 

from the Honse Committee on Education. Coming from the enate, 

the bill was read twice and referred to that committee June 24, 1 90, 

and on Jul.v 12, 1890, was reported back 1avorably, and the bill I now hold in my band is the proper print. The bill as reported to the Senate, 

which is probably the bill now in the hands of the ge~tleman from 

Georgia. is not the bill t~at p:_issed tbe Senate. ~ 

First in answer to the mqmry of the gentleman from Arkansas L~Ir. 

Roa~~] theamendmentotfered by my colleague on the committee is one that is concurred in by all the members of the House committee, ns I 

under ·tanrl, and is intended to limit the expenditnre of the money 

which will be appropriated by this bill to a~ricultnral education and 

education in the mechanic arts and the English language, so as to prevent the money being expended in the ordinary college training in 

belles-lettres and the dt-.ad languages, but to more nearly confine these 

schools to industrial training and agricultural education . 

l\Ir. McCH.EARY. 'fhe House bill has been exhausted, and n. good 

many of us have the Senate bill. Now, wil 1 the gen 1 Iemau, before be 

proceeds with bis speech. kindly tell us the exact difference between 

the House bill and the Senate bill? 

l\Ir . .McCOMAS. With pleasure. The only difference is in the numbering of the lines. The bills are the same, in tctideui 1:erbis •. The amendment which is offered by the gentleman from Ohio comes 

in the Hon e print after "twenty-five thousand dollar~," in line 17, 

and it comes in the bill which the gentleman from Kentucky probably 

has, in line 1 , after the s..'tme words. 

Mr. BRECKINRIDGE, of Kentucky. .A.a the proceeds of the sales 

of the public lands diminisli, will that le sen the amount appropriated 

by the bill? Or, if not, how is the fund to be made up? 

Mr. :McCOUAS. This bill when it reaches the maximum expendi· 

tu re of $~5,000 per annum, if there be then forty-eight States and Territories, wi.ll require $1,200,000 annually. It will require, if pas..c;ed 

now, about $700,000 annually, rising $48,000 each year. Now, the 

nroceeds of the sales of the public lands were, in 18. 9, eight million 

one hundred and seventy-five thousand and odd dollars; in 1888, $11,-

!)!)5,000; and so on back for a series of years. 

1\Ir. BRECKINRIDGE, of Kentuclpy. But every year the proceeds 

of the sales of public lands will be decreased, both by the diminution 

of the amount of public lands for sale and by the increase of settlement 

under the homestead law. Now, is there provi ion anywhere in the 

bill-I have been unahle to find it if there is-as to where the differ· 

ence is to come from between the proceeds of the ,ale of public lands 

and the amount appropriated by the bill? Is there any mode pointed 
8830 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

out by which any sum of money needed under this bill greate.r than 

the amount derived from the proceeds of the sales of public lands can 

be obtained? 

Ur. McCOMAS. Not by this bill. This bill itself is supplemental 

to the act of July 2, 1862, which, o.s the gentleman well knows, was 

the college land-grant act of that eminent man, Seno.t.or Mon.RILL, 

ba. ed upon the annual sales of public lands. and in another body, in 

a di ·cussion lasting for some time, there seems to have been a Tery 

confident beliet; re-enforced by the statement of the Commissioner of 

the Land Office, that in the nature of things for a long reach a.bead 

there would be more than ample funds derivable from the proceeds of 

the sales of public lnnds (the arid lands and others being in time, of 

course, brought into play) to carry on this work indefinitely. 

Now, if it be not so, the original bill provided that the railway procee<ls and the proceeds of the public lands hould be coupled together. 

It was thought that for a long time the proceeds of the public lands so long as they may la.a~ should support these institutions; and the 

evident sentiment in the other body, and perhaps here, is that the proceeds of rail way land-grant acts enhanced, as they will be in la.ter years, 

should be another source so far as may be from which this fund shall 

be supplied. While the indication is that the fund shall be derived 

from the ource I have referred to, the appropriation in the bill is "out 

of any money in the Treasury not otherwise appropriated,'' and if 

thi · fund should fail the appropriation would doubtless be made. 

Ur. BRECKINRIDGE, of Kentucky. On th.'l.t very point I ask 

the gentleman's attention. The language of the bill is: 

That there shall be, nnd hereby is, annually appropriated out of any money In thQ Trea.sury not otherwise appropriated arising from les of public Ian~. 

Now, is not this appropriation limited to the funds now in ihe Treasury or which may hereafter come into the Treasury from the proceeds 

of the sales of public lands? 

Mr. McCOMA • Even if that be so, the P.rovision reaches forward 

for many years, because when we consider the vast amount-

.Mr. BRECKINRIDGE, of Kentucky. As to the other source of revenue which the gentleman sngg~ted, the proceeds from railroads, 

there is nothing about it in this bill; and if the gentleman will con- sider carefully the pro>isions of tho act ot 1862 it must be evident to 

him that that act does not permit the application of any funds that mn.y 

ari. e under it to this parlicular appropriation. 

Ur. McCOMAS. Undoubtedly not. But so far this bill enlarges 

that act. Let me call the gentleman's attention to the proceeds of the 

sal of the public land for a. number of years as exhibited in a state- ment which I have before me. In18 Othisfundamonnted to$1,300,000; 

in 1881, $:~.300,000; in 1 2, . 6,500,000; in 1883, $9,600,000; in 18 ·1, 

$10,300,000; in 18801 $G,300,000; in 1887, $6,250,000; in 1888, $11,-

59.\000; in 1 9, $'3, 175,000. These :fi~ures show the net proceeds 

(alter deducting expensea) of the disposition and sale of tho public 

lands. _ 

Mr. BHECKIN'RIDGE, of Kentucky. Iam not very familiar with tbe 

puhlic-lnnd·sy tern; but my information is that after a very few years 

the appropriation carried in this bill could not be paid out of the proceeds of the public lands. I speak in the pr ence of the chairman and 

other members of the committee, who will correct me if I am mistaken. 

I c..'l.11 attention to tbi matter becauae we mi~ht find ourselves hereafter in this dilemma: having organized these colleges upon a basis requiring the expenditure of this annual sum, the fund out of which the 

money is to come might he impaired or dA. troyed; and that would be 

11 >erv unlortunate condition for these institutions. 

Mr: M:cCO I . It seemed wise to the committee-and I think my 

friencl from Kentucky, who, I hope, is a friend of this measure, will concur in the wL dom of this view-to make this act conform as far as practicable to the existing system. This bill simply enlarges the appropriation for the existing institution in each of the States, avoiding 

ton large de~ree the contention which might arise with rE>.spect to the 

appropriation of money for the aid of education in the States. Doth 

sides of the House a~eeing generally that the proceeds of the public 

lands can be properly applied to this purpose, the bill has been framed 

in accordrmce with that view and in conformity with the existing system. 

Mr. BRECKINRIDGE, of Kentncl...-y. .AB this debate is so short, 

with no chance for amendment, I simply desired to call the gentleman's attention to this matter bemuse it may become very important 

hereafter. 

l\f r. BLOU .1: TT. I wish to ask the gentleman from Maryland whether 

a.nv examination which he h bad occasion to make enables him to 

say tbnt there is no pr ent charge on the proceeds of the sales of the 

puLlic land.3 other than that relating to the experiment stations in the 

States. 

l\Ir. McCO~IA.S. I can not speak of that with perfect accuracy· but 

I am safe in the statement that the proceeds of the public lands 'have 

beea for a decade and will probably be for many years to come (withcut reference to any other charges upon'tho fund) considerably in e.·- cei. of the total called for by this hill. 

Mr. Mcl{AE. If the izentlemau will allow me, I would like to make 

a statement in this connection and ask him n. question or two. He will 

remember that the last Congress passed an act repealing all provisions 

of law for the sale of the public lands, except to actual settlers under 

the pre-emption law and the commutation section of the homestead law. 

The Commissioners of the General Land Office and the Secretaries of 

the Interior have fol' ten years recommended the repeal of both these 

laws. The Commit.tee on Public Lands reported in favor of . uch repeal during the last Congress; and this House bas frequently voted for 

it. It is to be hoped that both the e enactments will be repealed. 

Now, if this just legislation should be carried into execution, there 

will be no lands from which revenue can be derived for the purpose 

contemplated in this bill. The public lands should be held for and 

given to the homele.c;s, and not sold. 

.l\Ir. :McCOMAS. I remind the gentleman that the commutation 

feature of the homestead law still remains; and I find by a letter from 

the Treasury Department now before me that during the :fiscal year 

last ended, 1890, the proceeds of sales of public lands amounted to 

$7, 500, 000. . 

Mr . .McRAE. Yes, seven million five hundred thousand. But you 

must reruember that while the pre-emption law and the commutation 

clause of tho homestead law are both in operation they are likely to he 

repealed. They are recommended for repeal, and there is a strong sentiment in favor of the repeal of both. I hope they will be. Now, iJ: 

this is done you will not be able to draw from the proceeds of the public lands except as to the fees, which will, perhaps, not be sufficient to 

meet the requirements of the bi11. 

Mr. :McCOl\IAS. That question has been considered very thoroughly 

elsewhere; and under existing ln.w this bill, which has received two 

days' consideration in another body, was so modified, and for the very 

purpo e of providing this public-land basis, excluding railways. It is 

believed to be the best mode that could be devised, and thatit will for 

years t-0 come prove a satisfactory basiR for these institutions. 

Now, if I may be allowed to make a brief statement in regard to tho 

scope of the bill and its provisions it will probably prevent mn.ny questions from being asked; and I will do it because members of the House 

do not ha.vc the print of the bill at hand, which has been exhausted; 

and it may enable the measure to be more clearly understood if I enter 

into a detailed explanation of it. I will therefore confine my elf more 

particularly to n statement of the provisions of the bill itself than to an exhaustive argument in regard to tho merits of the propo3ition presented. 

Mr. BLOUNT.. Let me ask the gentleman, before he proceeds, if 

the ll_ouso committee has not reported the Senate bill without amendment. 

Mr. McCOMAS. That is correct. 

Mr. BLOUNT. So thnt if we have the Senate bill before us we bn.ve 

snbstantially the House bill? 

Mr . .1\IcCOMAS. The S ate bill is precisely the same; but we have 

bad offered, by concurrence of the committee, an amendment, which 

hnR been read from the desk. I indicated its scope in my report on the 

bill. 

The SPEAKER pro temp01·e. 'fhe Chair will state to the Q:entleruan 

from :1 Iaryland that a number of the bills have just been sent in from 

the document-room. 

:Mr. McCOl\IAS. I am very glad to hear of it, for it has been rather 

em harm sing to undertake to di cuss and explain a measure of this kind 

with only a single copy of tbe bill before the House. ... Tow, this bill, .1\Ir. Hpeaker--

:Mr. ANDERSON, of Kansa.q, Before the gentleman proceeds will he 

allow me to make a suggestion? 

.Mr. UcCO~IAS. Certainly. 

Mr. ANDEHSON, of Kansas. In the event of tho repeal of the laws 

to which reference was mn.da by the gentleman from Arlμnsas a few 

moments ago might it not be well to insert an amendment, to come in 

after line 5 of the bill, to the effect to modify the chm, e so as to read: 

''not otherwise appropriated, arising from the sale or proceells of the 

public lands?" This, of conr e, would include the fe<.'S. 

Mr. McCOMAS. Mr. Speaker, while ordinarily I would be very 

glad to accept that amendment o.t thi'! stage of the ses ion, I would 

rather take the bill in its present shape than to suqject it to the po1'Bibilities which might arise from such an amendment. It is au amendment which led to a great deal of discu ion elsewhere. 

This is a bill, as ita title shows, to apply a portion of the proceeds 

of the public lands to the more complete endowment and support of 

the colleges for the benefit of agriculture and the mechanic arts established under the act of July 2, 1862. It appropriates out of the money 

arising from the sale of public lands, io be paid to each State and Territory for the endowment and maintenance of colleges for the benefit 

of agriculture and the mechanic arts, now or which may be hereafter 

established in accordance with that act, $15,000 for the yen.r ending 

June 30, 1890, and an annual Increase of tho amonnt of such appropriation thereafter for ten years by an additional $1,000; nnd thereafter an annual payment to each State and Territory of 25,000. 

The:;e sums are required by the amendment I have offered to be applied 

only to instruction jn agriculture, the mechn.nic art.8, the English la~­

j!uagc, and t be branche.q of science with special reference to their application in the industries of life. 

The bill provides that none of the money shall be paid out to a Srote 
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1890. CONGRESSIONAL RECORD-HOUSE. 8831 ~ 

where a distinction ofraceo'rcoloris made in the admission of students. 

but separate colleges for white and colored students, if the funds be 

equitably divided, shall be held a compliance with this provision. 

It is further provided that in a State where there is a college established under the act of 1862, and an institution of like character may 

be hereafter established, or bas been established and is now aided by 

State revenues, for the education of colored students in agriculture and 

the mechanic art.s, however it may be named and whether or not it 

bas received money under the act of 1862, the Legislature of such State 

may propose and report to the Secretary of the Interior aj nst and eq aitable division of the fund, under this bill, between one college for white 

students and one institution for colored students, which sums shall be 

paid accordingly, and such ~titution for colored students shall be entitled to benefits just as colleges for white students under the act of 

1862 are. The sums appropriated are to be paid by July 31, annually, by 

the Secretary of the Treasury on the warrant of the Secretary of the 

Interior to the State or Territorial treasurer or to the officer designated 

by the St.ate or Territorial law to receive it. He shall, upon the order 

of the trustees of the college or institution for colored students, pay 

over such sums to the treasurers of the same, and these treasurers shall 

report to the Secretary of Agriculture and to the Secretary of the Interior by September 1 in each year a detailed statement of the amount 

received and of its disbursement. 

These grants of money are subject to the assent of the I..egislatnres 

of the several States to the purpose of such grants. Installments becoming due to any State before the adjournment of the Legislatwe 

meeting next after the passage of this act shall be made on the assent 

of the governor. 

Any portion of such moneys which shall be diminished, lost, or mi~ 

applied shall be replaced by the State or Territory to which it belongs, 

and no part of it shall be applied to purchase, erect, or repair buildings. 

The president of each institution benefited m~t report to the Secretary of the Interior the condition and progress of each colle~e, including statfatical information as to its receipts and expenditures, its library, the number of its students and"professors, and as to experiments 

and improvements made by the experiment station atbwhed to the 

college. 

The Secretary of the Interior must ascertain and certify by July 1, 

annually, the right of each institution to receive such money. If he 

withholds a certificate, the Secretary must report to the President bis 

reasons therefor and the State may appeal to Congress from the determination of the Secretary. If the next Congress shallnotdirect the 

payment of such sum thus withheld it shall be covered into the Treasury. 

The Secretary of the Int<!rior is to administer the law if enacted, and 

he must r-eport to Congress fully. This is the whole scope of the bill, 

st.at<!d more in detail than would be necessary had not the print of the 

bill been exhausted. 

Now I will yield to the gentleman from Texas for a question. 

:Mr. LANHAM. The question I defiled to ask is this: Why the appropriation for the endowment and maintenance of these colleges is not 

made directly out of the general fund from the Treasury, instead of being made by appropriating the sales of the public lands? 

.Mr. McCOMAS. As I have already said, this act is in the nature of 

a supplement to the pablic-land act on which these colleges were originally based. 

.Mr. LA.NHAM. But what is the distinctive difference in appropriating directly from the Treasury and appropriating the proceeds of the 

sales of the pnblic land? 

Mr. McCO.UAS. For myself, I see no difference. But if the gentleman will recur to the debate which took place elsewhere upon this su~ 

ject he will :find a great. deal of vigor introduced in regard to thn.t particular branch of the subject. '.I'here were many constitutional scruples 

and opinions discussed--

Mr. BLOUNT. And always have been. . Mr. McCOMAS. And always have been in regard to the subject. 

But finally, after much discussion, there was a general agreement to 

appropriate the proceeds of the public lands. .Mr. LANHAM. In tbt:s connection will the gentleman allow me 

just one moment to ask unanimous consent to print in the RECORD a. veto message of President Buchanan in 1859 upon a bill propo ing to 

devote the sales of the public lands--

Mr. McC0~1AS. I would much prefer not to have this interpolated 

into the body of my talk, but will yield to the gentleman hereafter to 

ask the consent he desires. 

As I have already said, there is a further proviso that in any State 

where there has been established a college, or where there may be one 

hereafter established or added for the education of colored students in 

agriculture and mechanic arts, whether it has received money heretofore or not, the Legislature of said State may propose, by a report to 

the Secretary of the Interior, some just' and equitable division of the 

funds between the white college and the colored school-the two different colleges-and thatthis being divided into two parts maybe paid 

accordingly to each of the different schools, which division of payment 

shall be a satisfactory compliance with the provisio~ of the act and 

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entitle the State to this fund for the education of the white and colored 

students in agriculture and the mechanic arts. 

Mr. HAUGEN. Is that le1t optional with the State? 

Mr. McCOMAS. The State can provide the method, but it must be 

approved by the Secretary of the Interior before the money will be paid 

out. 

1r. BLOUNT. Mr. Speaker, I would like to interrupt the gentleman for a moment. I have not kept up with the history of this legislation. There is a division in some of the Southern States now. 

Mr. McCOM:AS. There is a division now in some of the States. 

There are some prosperoM colored schools. 

1.Ir. BLOUNT. Is this intended to require additional action on the 

part of those States? 

Mr. McCOMAS. The gentleman would find, if he had the right 

bill, that where they have been established heretofore, and are now 

aided, those are included; and where they are not the bill provides that 

they may be established. There are two provisions upon that subject. 

Mr. O'DONNELL. You say there are forty-five colleges to which 

this will apply in the various States and Territories? 

Mr. McCOUAS. At present, yes. 

Mr. O'DONNELL. Are you aware how many students there are in 

those colleges? 

Mr. McCOMAS. At present the total number, up to the last information on that snQject, is 808 teachers and 14,692 students. 

Mr. O'DONNELL. Then the first year this bill would give $675,-

000 to the 14,000 and odd students. 

Mr. McCOMAS. Some of these schools are rapidly increasing. Under this act new ones will be rapidly formed, and that 14,692 is byno 

means the number, I apprehend, for whose benefit this law would operate the next year. 

Mr. ROBERTSON. I would ask the gentleman from Maryland, could 

not an amendment be offered t-0 this bill which would cover the States 

which have biennial meetings of their Legislatures? I will say to the 

gentleman that it will be impossible for the State of Louisiana, under 

this proviso, to accept the grants of money under this bill before April, 

1892. The Agricultural College of Louisiana is very much in need of 

this money. It needs it now. Every other college in this country will 

receive it, will lie a little more fortunate in the fact that the States have 

annual rather than biennial sessions, and I will ask the gentleman, 

when the proper time comes, to accept an amendment which I shall 

offer, providing for this contingency. 

Mr. McCOMAS. Now, I hope the gentleman from Louisiana [M.r. 

ROBERTSON] will frame that amendment cautiously, so as not to affect 

this matter, and I will look at it before expressing an opinion; I apprehend it is not needed. · 

Mr. ROBERTSON. I will attempt to do so. 

Mr. McCOMAS. I will agree if he presses it that be may have a 

separate vote on that amendment. I am not authorized to accept the 

amendment. 

Mr. BLOUNT. That was done in a casein Georgia, where a special 

provision was made, and it seems to me that it might be done here. 

Mr. MCCOMAS. I hope foe gentleman will frame the amendment 

carefully. 

Mr. ROBERTSON. I will do it as carefully as I can. Mr. McCOMA.S. Such an amendment, if needed, should apply not 

only to that State, but also to any State where there is no Legislature 

in session prior to January, 1891. I would suggest that you make 

your amendment that in that case the assent of the governor will be 

sufficient compliance with the act, and that there may be a separate 

vote upon that amendment. I am not authorized to accept your 

amendment and do not admit that it is needed. 

Mr. CARLTON. That same provision, that where Legislatures fail 

to act the governors might assent, was in the act of 1862. Georgia re- cei ved her proportibn under the provisions of that act. 

Mr. MCCOMAS. Now, Mr. Speaker, this annual report which is 

here required wit~ respect to the receipts and expenditures, the account of the library, the number of students and professors, the experiment.sin the experiment stations attached to these colleges, their 

cost and the result of the~ and all other statistics of an industrial 

and economic nature, are required to be made and ~ent to all the colleges and schools in all the States for the advancement of agriculture 

and the mechanic arts. 

Mr. BLOUNT. Is that the law now? 

Mr. McCOMAS. It is a supplement to the act of 1862. It is t]le 

act of 1862 amplified. Now, this whole subject is under the control 

of the Secretary of the Interior, to whom reports are to be made. The 

expenditure of the funds is entirely under the control of the States. 

The report as to the expenditures will come, under this act as under 

the act of 1862, from the States. The gentleman from Tennessee, whom 

I do not see now in his seat, is in error in saying that this act makes 

any new law with respect to the report as to the expenditure of the 

funds to be made by the States. 

The object of this bill is to place the system of colleges for teaching 

agriculture and mechanic arts upon an enduring basis. 

The expenditure is liberal, but the interests of the farmers and industrial people are larger still. 

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8832 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

Theed ncators in these colleges, officers of the Farmers' Alliance, and 

representatives of the National Grange appeared before the committees 

of the Honse or Senate in behalf of this bill. 

The increase of acreage actually cultivated in staple crops, from 113,-

412, 764 acres in 1874 to 211,000,000 acres in 1889, warrants this annual 

expenditure for colleges to train farmers and improve the cultivation 

of this vast acreage now tilled. 

In the fourth clause of section 5 it provides thatAn annual repc.rt shall be made regarding the progress of each college, i·e- cor<ling any improvements and experiments made, with their cost and results-, and such other matters, including Stat.a indust.rial and economical statistics, as may be supposed useful. one copy of which shall be transmitted by mail free by ~ch to all the other colleges which may be endowed under the provisions of this act, and also one copy to the Secretary of the Intel'ior. 

Now, I shall not, in the temper of the House, as I understand it, enlarge upon this subject or discuss it fully on its merits. 

Mr. ROGERS. I would like to ask the gentleman a question right 

there. What difference does he see between this bill and the Blair 

bill? 

l\Ir. McCOMAS. This is an out-and-out appropriation of the proceeds of the sales of public lands. 

Mr. ROGERS. But what is the difference in principle between them? 

Mr. MCCOMAS. There are a great many. 

Mr. ROGERG. You say that you do not object to it. 

Mr. McCOMAS. I favor both. I earnestly contended for the Blair 

bill and moved to report it favorably to the House. It is on the Calendar. 

Mr. nOGERS. Do you not think that if we are to appropriate money 

for educational pnri)oseswe ought to appropriate it for common schools 

instead of for colleges ? 

Mr. McCO.M:A.S. I confess for myself that my sympathies are in 

favor of both, and more with the Blair bill, because it reaches the poor 

illi tera tP.s. 

Mr. ROGERS. I supposed that your side of the House had the 

management of this matter and would take that up. 

Mr. McCOMAS. I will try to bring it up and have tried. So far 

as this bill goes, it is agreed to by gentlemen on the committee and 

has received support on both sides of this Honse, and it does not conflict with constitutional scruples which many gentlemen might entertain as to the Blair bill. 

Mr. BLOUNT. Will the gentleman allow me to say in reply to the 

last suggestion, as to the constitutionality of this question, is not that 

a thing of the past? And I would also ask if there is ¥lything in this 

bill providing for this system except what has already 15een anticipated 

and is exi.stinJ? law to-day? 

Mr. MoCOMAS. Thatis the whole ofit. 

Mr. BLOUNT. For instance, you have got your colleges based on 

the land scrip of 1862, and you have your experiment stations based 

on the act of 1887; and as I understand it, the effect of this bill is simply to increase the amount appropriated from $15, 000 to $25, 000. 

Mr. McCOMAS. That is the whole scope of this bill. 

Mr. BLOUNT. 'I'herefore we are not confronted here with the question as to whether we are adopting this or that system, but we have it 

now, and this h juat to extend its operation. 

Mr. McCOMAS. And that is all. It is to appropriate more to secure 

some more schools in the new States. 

Mr. BLOUNT. But the principle is already in the law. 

Mr. McCOMAS. And not only the principle, but the practice, the 

practice of all the States in the Union, and this simply increases the 

amount nod adds to the number of schools oflike character. 

Ur. KERR, of Iowa. The gentleman speaks about constitutional 

scruples. Does the gentleman have any constitutional scruples about 

levying taxes on five millions of people in the State of New York and 

upon one hundred and fifty thousand in the State of Delaware upon the 

basis of population and then appropriating money to the amount of 

$25,000 to the State of Defaware and only $25,000 to the State of New 

York? 

Mr. l\IcCOMAS. That is not a constitutional question. 

Mr. HEARD. If the gentleman from Maryland will allow me, I 

would like to know where the gentleman gets his idea and if he proposes to support these institutions by a direct tax. . 

l\Ir. McCOMAS. I would be glad to answer all questions, but I do 

not wish to enter into elaborate constitutionalarguments and consume 

the whole time. The question of the gentleman from Iowa I have sufficiently answered. 

l\Ir. HEARD. I was trying to get the gentleman out of a hole that 

he does not seem to know he got into. 

Mr. McCOMAS. I will yield a moment to my friend from Texas 

[Mr. LANHAM], who desires to offer a paper. 

Mr. LANHAM. Mr. Speaker, I will not underta"'ke to discuss the 

bill under consideration. I shall take the time given me to ask unan- imous consent to have published in the RECORD some literature bearing on this quest.ion. I a.sk to have printed the veto message of President Buchanan, on February 24, 1859, upon the bill entitled "An act 

donating public lands to the several States and Territories which may 

provide colleges for the benefit of agriculture and the mechanic arts." 

The SPEAKER pro tempore. Is there objection? The Chair hears none. 

The message is as follows: 

JAMES BCCllANAN-IL 

February 24, 1859. 

To the House of Representative& of the United Slates: I return, with my objections, to the House of Representatives, in which it 

originated, the bill entitled" An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts," presented to me on the 18th instant. This bill makes a donation to the several States of 20,000 acres of the public lands for each Senator and Representative in the present Congress1 and also an additional donation of 20,000 acres for each additional Representative to which any State may be entitled under the census of 1860. According to a report from the Interior Department, based upon the present number of Senators and Representatives, the lands given to the States amount to 6,060,000 acres, and their value, at the minimum GoYernment price of Sl.25 per acre. to $7,575,000. The object of this gift, as stated by the bill, is "the endowment, support, and maintenance of at least one college [in each State] where the leading object shall be, without excluding scientific or other classical studies, to teach such branches of learning as are related to agriculture and the mechanic arts as the Legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several par· suits and professions in life." As there does not appear from the bill to be any beneficiaries in existence ta which this endowment cun be applied, each State is required "to provide, within fi\"e years at least, not less than one college, or the grant to said State shall cease." In that ever.t the" said State shall be bound to pay the United States the amount received of any lands previously sold, and that the title to purchasers under the State shall be valid." The grant in land itself is confined to such St.ates as have public lands withiq their limits worth Sl.25 per acre, in the opinion of the governor. For the re.. maining States the Secretary of the Interior is directed to issue "land scrip to the amount of their distributive shares iu acres under the provisions of this act, said scrip to be sold by said States, and the proceeds thereof applied to the uses and purposes prescribed ln this act, and for no other use or purpose whatso· ever." The lands are granted aud the scrip is to be issued "in sections or sub- divisions of sections of not less than one-quarter of a section." According to an estimate from the Interior Department, the number of acres which will probably be accepted by States having public lands within their own limits will not exceed 580..000 acres. and it may be much less, leaving a balance of 5,480,000 acres to be provided for by scrip. These grants of land and land- scrip to each of the thirty-three States are mo.de upon certain conditions, the principal of which is that if the fund shall be lost or diminished on account of unfortunate investments. or otherwise. the deficiency shall be replaced and made good by the respective States. I shall now proceed to st.at~ my objections to this bill. I deem it to be both inexpedientand unconstitutional. 1. This bill has been passed at a. period when we can with great difficulty raise sufficient revenue to sustain the expenses of the Government. Should it become a law the Treasury will be deprived or the whole, or nearly the whole, of our income from the;Bale of public lands, which, for the next fiscal year, bas been estimated at $5,000,000. A bare statement of the case will make this evident. The minimum price at which we dispose of our lands is $1.25 per acre. At the pTesent moment, how- ever, the price has been reduced to those who purchase the bounty-land war· rants of the old soldiers to 8:> cents per acre, and of these warrants there a.re still outstanding and unlocated,as appears by a report (Februnry 12, 1859) from the General Land Office, the amount of 11,990,391 acres. This bas already 

2'reatly reduced the current sales by the Government and diminished the revenue from. this source. If, in addition, thirty-three States shall enter the market with their land-scrip, the price must be greatly reduced below even 85 cents per a.ere, as much to the prejudice of the old soldiers who have not already 

parted with their land-warrants as to Government. It is easy to perceive that with this glut of the market Government can sellJit- tle or no lands at itl.25 per a.ere when the price of bounty-land warrants and scrip shall be reduced to half this sum. This source of revenue will be all:l'.lost entirely dried up. Under the bill the States may sell their land-scrip at any price it may bring. 'l'here is no limitRtion whatever in this respect. Indeed, 

they must sell for what the scrip will bring, for without this fund they can not proceed to establish their colleges within the five years to which they are lim- ited. It is manifest, therefore, that to the extent to which this bill will prevent the sale of public lands at $1.25 per acre, to that amount it will have precisely the same effect upon the Treasury as if we should impose a tax to create a loan to endow these State colleges. 

Surely the present is the most unpropitious moment which could have been selected tor the passage of this bill. 2. Waiving for the present the question of constitutional power, what effect will this bill have on the relations established between the Federal and !:itate Governments? The Constitution is a grant to Congress of a few enumerated but most important powers, relating chiefly to war, peace, foreign and domestic commerce, negotiation, and other subjects which can be best or alone exercised beneficially by the common Govnnment. All other powers are reserved to the States and to the people. For the effi· cient and harmonious working of both, it is necessary that their several spheres of action should be kept distinct from each other. This alone can prevent con- flict and mutual injury. Should tlle time ever arrive when the State govern- ments shall look to the Federal Treasury for the means of supporting them- selves and maintaining their systems of educaJ.jon and internal policy, the character of both governments will be greatly ~teriorated. The representa- tives of the States and pf the people, feeling a more immediate interest in ob- taining money to lighten the burdens of their constituents than for the pro- motion of the more distant objects intrusted to the Federal Go\'ernment will naturally incline to obtain means from the Federal Government for State pur- poses. If a. question shall arise between an appropriation of land or money to cnrry into effect the objects of the Federal Government and those of the States, their feelings will be enlisted in favor of the latter. This is human nat· ure; and hence the necessity of keeping the two governments entirely dis· tinct. The preponderance of this home feeling bas been manifested by tho passage of the present bill. The establishment of ihese colle~es has prevailed over the pressing wants of the common treasury. No nation e\·er had such an inheritance as we possess in the public lands. These ought to be managed with the utmost care, but at the same time with n. liberal spirit toward actual settlers. In the first year of a war with a powerful naval nation the revenue from cus- toms must, in a great degree, cease. A resort to loans will then become neces. sary, and these can always be .obtained. as our fathers obtained them, on ad- vantageous terms. by pledging the public lands as security. In this view of the subject, it would be wiser to grant money to the States for domestic purposes than to squander away the public lands and transfer them in large bodies into the hands of speculators. 
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1890. CONGRESSIONAL RECORD-· HOUSE. 8833 

A successful struggle on the part of the State gnvernments with the General Government for the public lands would deprive the latter of the means of per- forming its high duties, especially at critical and dangerous periods. Be1ddes, 

it would operate with equal detriment to the best interests of the States. It would remove the most wholesome of all restraints on legislative bodies-that of being obliged to raise money by taxation from their constitQents-and would lead te extravagance, if not to corruption. \Vbat is obtained easily and with- out responsibility will be lavishly expended. 3. This bill, should it become a law, will operate greatly to the injury of the new States. The progress of settlements and the increase of an industrious population, owning an interest in the soil they cultivate, are the causes which will build them up into great and flourishing commonwealths. Nothing could be more prejudicial to their interests than for wealthy individuals to acquire 

large tracts of the public land and hold them for speculath·e purposes. The low price to which this land-scrip will probably be reduced will tempt specula- tors to buy it in large amounts and locate it on the best lands belonging to the Government. The e>entual consequence must be that the men who desire to cultivate the soil will be compelled to purchase these very lands at rates much higher than the price at which they could be obtained from the G overnment. 4. IL is extremely doubtful, t-0 say the least, whether this bill would contribute to the advancement of agriculture and the mechanic acts, objects the digaity and value of which can not be too highly appreciated. The Federal Government which makes the donation has confessedly no<'on- stitutional power to follow it into the States and enforce the application of the fund to the intended objects. As donors we shall possess no control over our own irift after it shall have passed from our hands. It is true that the State Legislatures a.re required to stipulate that they wi tl faithfully execute t.he trust in the manner prescribed by the bill. But should they fail to do this what would be the consequence? The Federal Government has no power, and ought to have no power, to compel the execution of the trust. It would be in as helpless a condition as if e>en in this, the time of great need, we were to de- mand any portion of the many millions of surplus revenue deposited with the Slates for safe-keeping under the a.ct of 1836. o. This bill will injuriously interfere with existing colleges in the different Slates, in many of which agriculture jg taught a.s a science and in :i.ll of which it ought to be so taught. These institutions of learning have grown up with the growt.h of the country under the fostering care of the States and the mu- nificence of individuals to meet the advancing demands for education. They have proved great blessings to the people. Many, indeed most of them, are poor and sustain themselves with difficulty. What the effect will be on these institutions of creating an indefinite number of rival colleges, sustained by the endowment of the Federal GoYernment, it is not difficult to determine. Under this bill it is provided that scientific and classical studies shall not be excluded from them. Indeed, it would be almost impossible to sustain them wilhoutsuch a provision, for no father would incur the expense of sending a son to one of these institlltions for the sole purpose of ma.kmg him a scientific farmer or mechanic. The bill itself negatives this idea., and declares that their object is "to promote the liberal and practical education of the industrial classes in the se'l"eral pursuits and professions of life." This certainly ought to be the case. In this view of the sul>ject it would be far better, if such an appropriation 

o{ lands must be made to institutions of learning in the several States, to apply it directly to the establishment of professorships of agriculture and the me- chanic arts in existing colleges without the intervention of the State Legisla- tures. It would be difficult to foresee bow these Legislatures will manage this fund. Each Representative in Congress for whose district the proportion of 20,000 acres has been granted will probably insist that the proceeds shall be ex- pended within its limits. There will undoubtedly be a struggle between differ- ent localities in each State concerning the division of the gift, which may end in disappointing t-he hopes of true friends of agl'iculture. For this state of things we are without remedy. :Kot so in regard to State colleges. \Ve might irrant land to tht!ee corporations to establish agl'icultural and mechanical professorships; and, should they fail to comply with the conditions on which they ac- cepted the grant, we might enforce specific performance of these before the ordinary courts of justice. 6. But does Congress possess the power, under the Constitution, to make a donation of public lauds t~ thedi_fferent States of the Union, to provide colleges for the purpose of educahng their own people? I presume the general proposition is undeniable that Congress does not pos- sess the power to appropriate money in tbe Treasury, raised by taxes on the people of the United States, for the purpose of educating the people of the re- spective States. It will not be pretended that any such power is to be found among the specific powers granted to Congress, nor that "it is necessary and proper for carrying into execution" anyone of these powers. Should Congress exercise such a power, this would be to break down the barriers 'vhich haye been so carefully constmcted in the Constitution to separate Federal from State authority. 1Ve snould then not only'' lay and collect taxes, duties, imposts and excises" for Federal purposes, but for every State purpose which Congress url"ht deem expedient or uselul. This would be an actual consolidation of the Fede°'ral and State Governments, l!O far as the great taxing and money power is concerned and constitute a.i;iort of partnership between the two in the Treasury of th~ United States, equally 1·umous to both. But it is contended that the public lands are placed upon a different footing from money raised by taxation, and that the proceeds arising from their sale are not subject to the limitations of the Constitution, but may be appropriated or given away by Congress, at its own discretion, to States, corporations, or in- dividuals, for any purpose they may deem expedient. The advocates of this bill attempt to sustain their position upon the language of the second clause of the third section of the fourth article of the Constitu- tion, which declares that "the Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other prop- erty belonging to the United States.'' They contend that by a fair interpreta- tion of the words" disposed of" in this clause Congress possesses the power to make this gift of public lands to the States for purposes of education. It would require clear l\nd strong evidence to induce the belief that the fram- er.;i of the Constitution, after ha\"ing limited the powers of Congre!'S t-0 certain, 

precise, and specific ol>jects intended, by employing the words "dispose of," to give that body unlimited power over the >ast public domain. It would be a strange a n omal:r. indeed, to have created two funds-the one by taxation, con- fined to the execution of the enumerated powers delegated to Congress, and the other from the publio lands, applicable to all subjects, foreign and domestic, which Congress might designate; that this fund should be "disposed of," not to pay the debts of the United States, nor" to raise and support armies," nor "to provide and maintain a navy," nort-0 accomplish any one of the other great 

objects enumerated in the Constitution, but be di\"erted from them to pay the debts of the States, to educate their people, and to carry into effect any other measure of their domestic policy. Tbjs woul<\ be to confer upon Congress a vast and irresponsible authority, utterly at war with the well k nown jealousy of Fed- eral power which pre,•ailed at the formation of the Co nstitution. The natural intendmentwould be that as the Constitution coufined Co ngress to well defined 'irpecific powers the fuuds placed t their command, whether in land or money, should be appropriated to the performance of the duties corresponding with these powers. If not, a Government has been created with all its other powers carefully limited, but without any limitation in respect to the public lands. But I can not so read the words " dispose of" as to make t·hem embrace the idea of" lli\"ing away." The true meaning of words is always to be ascertained 

XXI--553 

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by the subject to which they are applied, and the known general intent of the lawgiver. Congress jg a trustee under the Constitution for the people of the United States to•• dispose of" their public lands, and I think I may venture to assert with confidence that no case can be found in which a trustee in the po!!ition of Congress has been authorized to "dispose of" property by its owner, where it has been held thatthese words authorized such trustee to give away the fund in- trusted to his care. No trustee, when called upon to account for the disposition of the property placed under his manageyient before any judicial tribunal, would veriture to present such· a. plea. in his defense. 'rhe true meaning of these words is clearly stated bf Chief-Justice Taney,~ delivering the opinion of the court (19 

Howard, page 436). He says, in reference to this clause of the Constitution: "It 

begins its enumeration of powers by that of disposing; in other words, making sale of the lands1 or raising money from them, which, as we have already said, was the main object of the cession (from the States), aud which is the first thing 

provided for in the article." It i.t unnecessary to refer to the history of the times t-0 establish the known fact that this statement of the Chief-Justice is perfectly well founded. That it never was intended by the framers of the Constitution that these lands should be given away by Congress is manifest from the con cl ud- ing portion of the same clause. By it Congress bas power not only "to dispose of" the territory, but of the "other property of the United States." In the language of the Chief-Justice (page 437): "And the same power of making needful rnles respecting the territory is in precisely the same language applied to the other property of the United States, associating the power over the territory in this respect with the power over movable or personal property; that is. tbe ships, arms, or munitioM of war which then belonged in common to the State sovereignties." 

The question is still clearer in regard to the public land'3 in the States and Territories within the Louisiana and Florida purchases. These lands were paid for out of the public Treasury, from money raised by taxation. Now, if Congr~d no power to appropriate the money with which these lands were purchruieCt,,'ls it not clear I hat the power over the lands is equally limited? The me~ conversion of this money into land could not confer upon Congress new power over the disposition of land which they had not possessed ovei: money. If it could, then a. tr11Stee, by changing the character of the fund in- trusted to his care for social objects, from money iuto land, might give the land away, or devote it to any purpose he thought proper, however foreign from the trust. The inference is irresistible that this land pat·takes of the very same ch1n- acter with t-he money paid for it and can be devoted to no objects different.from those to which the money could have been devoted. If this were not the case, then, by the purchase of a new t-errltory from a foreign government, out of the public Treasury, Congress could enlarge their own powers and appropriate the proceeds of the sales of the land thus purchased. at their own discretion, to other and far different objects from what they could have applied the purchase money which had been raised by taxation. It ha.s been asserted truly that Congress, in numerous instances, have granted lands for the purposes of education. These grants hM·e been chiefly, if not ex- clusively, made to the new States as they successively entered the Union, and consisted at the first of one sectiou, and afterwards of two sections of the pub- lic land in each township for the use of schools, as well as of additional sections for a. State university. Such grants are not, in my opinion, a. violation o! the C<lnstitution. The United States is a great landed proprietor, and from the very nature of this relation it is both the right and the duty of Congress, as their trustee, to manage these lands as any other prudent- proprietor would manage them for bis own best advantage. 

Now, no consideration could be presented of a stronger character to induce the American people to brave the difficulties and hardships of frontier life, and to settle upon these lands, and to purchase them at a fair price, than to give to them and to th~ir children an assurance of the means of education. If any pru- dent individual"had held these lands he could not have adopted a. wiser course to bring them into market and enhance their value than to give a portion of them for purposes of education. As a mere speculation, he would pursue this course. No person will contend that donations of land to all U1e Stat-es of the Union for the erection of colleges within the limits of each can be embraced by this principle. It ca.n not be pretended that an agricultara 1 college in New York or Virginia. would aid the settlement or facilitat.e the sale of public lands in Minnesota. or California. This can not possibly be embraced within the authority which a prudent proprietor of land would exercise over his own possessions. I pur- posely &Yoid any attempt to define what portions of land may be granted, and for what purposes, to improve the value and promote the ~ttlement and ea.le of the remainder without >iolating the Constitution. In this case I adopt the rule that "sufficient unto the day is the evil thereof." JAMES BUCHANAN. 

Mr. UcCOMAS. I reserve thelJalanceofmy time. Howmuchtime 

have I remaining? 

The SPEAKER pro tempore. The gentleman has eleven minutes re- maining. 

l\Ir. McCOUAS. Havel only got eleven minutes left out of the hour? - Mr. PAYSON. You have been talking about that time. 

Mr. CARUTH. l\iy colleague sees that I gauged him accurately. 

Mr. l\IcCOMAS. I yielded to answer questions on every side. 

Mr. CARUTH. I yield five minutes to the gentleman from Iowa 

[Mr. KERR]. 

l\1r. KERR, of Iowa. Mr. Speaker, there does not seem to be any 

justice in the provisions of this bill. The bill provides that the sum of $15, 000 be paid the first year, increased by $1, 000 the second and 

succeeding years till it amounts to $25, 000 in ten years, to be paid to 

each State for the purpose of securing additional instruction in the 

colleges in that State; and after the ten years for all time it proposes to 

appropriate $25, 000 a year to each of the States without regard to population or taxes or wealth for the purpose of sustaining institutions of 

learning in those States; and it does not seem to me that there is any 

justice in such a proposition. The Constitution of the United States 

provides that direct taxes shall be apportioned among the States ac- cording t-0 their respecti >e numbers, and practically all other taxes are apportioned in the same ratio, and when expenditures are to be made 

justice would seem to require that for general purposes they should be 

appropriated in the same proportion. 

The Blair educational bill proposed to distribute the money on the 

basis of illiteracy and to provide for the education of the people where 

there was a great amount of illiteracy by the aid of the General Government, basing the appropriations upon the necessities o1 the situation. There was some reason in that. .But this bill proposes to distribute an amoUllt of money to be raised every year by general taxa· 

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8834 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

tion among tbe States without regard to their needs, without regard 

t.o anythinp; except the fact of statehood. I do not think that proposition is constitutional. Ifit was constitutional I do not think it would 

be reasonable. I do not think it is right to tax the people of theSta,te 

of Iowa on the basis of its population, with eleven Representatives, to 

raise money and then to give to other States ten times as much of that 

money. in proportion to their taxation, as is given to the State which 

I represent. 

Under this bill the State of New York, with thirty-four Representatives, would get only $25,000, while the State of Delaware, with one 

Representative, the State of Rhode Island, the State of Vermont, each 

with two, would get$25, 000. The six new England States, with twentyfour Representatives, would getS150,000, whileNewYork, with thirtyfour Representatives, would only get $25,000. There is no justice in 

any such legislation, and, with due respect to the distinguished gentlenmu in another body who introduced it, I say that it is not at all in 

harmony with the spirit of the Blair educational bill or with the spirit 

of any other proposition that I nave ever known, to be put forward for 

the distribution of public money for educational purposes. 

.Mr. HEARD. Does not the same injustice obtain with regard to 

the payment of the salaries of United States Senators? 

Mr. KERR, of Iowa. But that is under a provision of the United 

States Constitution that can not be avoided. The Consti n expres'ly provides that there shall be equal representation of'1he States 

in the Senate, -and the Constitution can not be changed in that respect. 

111 r. HEARD. I thought the gentleman was arguing in re,,,aard to the 

injustice of the proposition. 

Mr. KERR, of Iowa. Well, the injustice to which the gentleman 

refers in relation to the pay of United States Senators is one that we 

can not avoid; but we ought not to create a new injustice by our own 

net. We ought not to undertake to raise mon·ey from five millions of 

people and then appropriate it on the basis of population to others without regard to the ratio on which it was paid. 

Mr. McCORMICK. Is there anything to prevent an agricultural 

coll~ge in the State of Iowa from taking students from the State of 

Maine, the State of Rhode Island, the State of Delaware, or the State 

of Vermont? 

Mr. O'DONNELL. Or the State of Michigan? 

.Mr. McCORMICK. Or the State of Michigan? 

Mr. KERR, of Iowa. The agricultural-college act of our State provides how the students shall be received, and it provides that they 

shall be received int.o the institution on recommendations from the 

officers of tlie various counties of the State. 

Mr. UcCORMICK. But i'5 the institution limited to students from 

the State of Iowa? 

.Mr. KERR, of Iowa. I do not know; but the recommendations 

have to come from the officers within the territ-0ry of the State and from 

tl1e different portions of the State. But even it the gentleman's suggestion were correct, why should we enact legislation here that would 

compel us in the State of Iowa, in order to secure a fair distribution 

of this fund, to send our students to Delaware, Vermont, and Rhode 

Island? 

The claim that it is for agricultural instruction is a very seductive 

argument, but I will not consent to such an unfair distribution of the 

rublic funds simply because it is asked in the name of agriculture. 

The distribution, if made at all, should be on the basis of population. 

Mr. CARUTH. I yield five minutes to the gentleman from Minnesota [Mr. DUNNELL]. . 

Mr. DUNNELL. I desire to state some of my objections to this bill. 

One of the objections which I intended to name has been shadowed 

forth in the remarks of the gentleman from Arkansas [l\f.r. McRAE]. 

This bill, stripped of all verbiage, is simply a proposition to go to the 

Treasury of the United States for $15,000 for each State in the Union 

to help support an agricultural college in that State. We all of us, or 

nearly all, have voted for the repeal of the pre-emption law. The interests of the conn try demand the repeal of that law. A repealing act 

has passed through this House many times and it ought to become a law. 

The time has come when there should be simply the naked home· 

stead law, without any commutation clause or provision in it. When 

that legislation takes place where will be these resources that are now 

so much talked about? No matter whether we get ten millions to-day 

o.r ci,ght millions or :five or six millions, the outcome of this legislation 

will be that we shall henceforth have t-0 pay out of the Treasury of 

the United States :fi.ft€en, sixteen, seventeen, or eighteen thousand dolJars per annum to each State and Territory for the support of a State 

agrku1 tnral school. 

Mr. BLOUNT. Will the gentleman allow me-- Mr. DUNNELL. I can not yield. Mr. Speaker, I have never yet 

fallen into the theory that the Federal Government should assume 

educational functions in the different States. I did not vote for the 

Blair bill. I have never yet been converted to the theory tha.t the 

Federal Treasury should take care of education in the several States. 

I ha-rn always believed it better for each State to rely upon its own resourees, to develop its own int.elligence, to build up its own State institutions ratber than to rely upon the Federal Treasury. [Applause on the Democratic side.] 

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Again, Mr. Speaker, suppose there is that provision in this bill, or 

suppose that Congress should fail in a given year to appropriate this 

money; if we begin, we have got to go through. If we give 515,000 

for two or three years, what havoc and ruin we shall work if in the 

fifth or sixth year we fail to keep up this appropriation. Here is a new 

school proposed to be supported on $15, 000. The gentleman from Maryland [.Mr. 1\IcCoMA.s] knows nothing about the cost of au institution 

of learning if he supposes that $15,000 will bring into existence a new 

school. Again, why should the State of Massachusetts take $15,000 

from the United States Treasury? She is loaded with wealth. Why, 

then, give her $15, 000 to help carry on her educational institutions? 

I suppose our State University would be glad to have $15,000; I have 

not been asked to vote for such an appropriation; butmyconstituency 

would be better plea ed by a repeal ot the pre-emption law and the 

assistance which would thereby be given to the development of the 

State at large than by receiving $15, 000 in this wny. We have had a large income already in connection with ou.r schools. Our State University has absorbed the Agricultural College, the latter being now simply a. subordinate branch of the university. So it is in a great many 

ot the States . 

In fifteen of the States in this Union we have not a distinctive agricultural college as the outcome of the act of 1 62. This pittance, as I 

may call it (though in some i·espects it may appear a large sum), will 

not create new schools; and those already in existence, if they have 

made wise use of their money, are able to go on in the future as they 

haye done for the last twelve years. This propositionmeanssimply to 

take so much money out of the Treasury, though professedly it is au 

appropriation of the proceeds of the public lands. Those proceeds go 

into the Treasury directly in the first instance; and this bill proposes 

to take the money out. It does not change the nature of the proceeding to call it an appropriation of the proceeds of the public lands. 

But, sir, the proceeds of these sales will very soon-I hope within the 

next ten years-become a cipher in this conn try. We should hold every 

remaining acre of agricultural lands belonging to t.he United States for 

the actual settler under the homestead law. The great wrong which 

will flow from this pr-0posed law is that the same influences which will 

enact it here to-day will prevent the repeal of the pre-emption law. 

Tbeywill do it so that we may have "proceeds from the sales of public 

lands.'' These sales are the prices which the settlers will have to pay 

t-0 obtain homes. If these colleges are in want, let us go to the Treasury 

and take the money and call it by the right name. We should not 

doom the remaining public lands to aid in the support of agricultural 

schools or any other schools. They should be free and open to the 

people. These are my reasons for my vote in opposition to this measure. 

(Here the hammer fell.] 

Mr. CARUTH. I yield five minutes to the gentleman from Ohio 

[Mr. JOSEPH D. TAYLOR], who desires to explain his amendment. 

Mr. JOSEPH D. TAYLOR. :Mr. Speaker, at the time this bill was considered by the Committee on Education and when it was agreed 

that it should be favorably reported by the committee, it was also 

agreed that I should have the right to amend the bill restricting the 

use of the money to agricultural education, if I so desired. There happened to be on that occasion a very full meeting of the committee, and 

a majority of the members were unwilling to defer the disposition of 

the bill to a subsequent day for the purpose of considering this amendment, as it is difficult at times to have a quorum present. ·Therefore 

the amendment I h.a.ve proposed was never considered in the committee; but it was agreed, as I have stated, that I should have the right to 

submit an amendment of this character in the Honse if I so desired, 

after giving the matter further consideration. 

Afterward, when it became known that I expected to propose this 

amendment in the House a number of gentlemen connected with the 

agricultural colleges of the country, and also a number of gentlemen 

representing the agricultural interests of the country came here for the 

purpose of agreeing, it possible, as I understand, upon some amendment 

which would notdefeatthe bill and which would be satisfactory to all of 

the friends of the measure. There was at first great anxiety that the 

bill should pass the House as it came from the Senate, as the Senate 

might not agree to the amendments that the House would make, in 

which event the bill would fail. I said to these gentlemen that I 

should insist on making an amendment, and after considerable consul· 

tation the amendment which I have proposed was agreed upon and I 

was to make it. 

The amendment! have proposed has the approval of Henry E. Alvord, 

president Maryland Agricultural College; W. H. Scott, president Ohio 

State Univeraity; H. H. Goodell, president Massachusetts Agricultural Collegej George W. Atherton, presidentof the Pennsylvania State 

College; John Trimble, secretary National Grange and member of legislative committee; Mortimer Whitehead, lecturer National Grange 

and member of-committee on national legislation of New Jersey State 

Grange. 

I hold in my hand a paper prepared and signed by all of these gentle.men approving the amendment I propose. 

I ha.ve also received some telegrams on this subject, including one 

from the president of the Ohio Grange, J. H. Brigham, strongly approving the amendment, but I must say tha~itwas Mr. Brigham's de-

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I 1890. CONGRESSIONAL RECORD-HOUSE. 8835 . 

eire that this bill should not be considered at the present session. I the college from taking $15,000 of the $25,000 they now use and adding 

have several letters from him requesting that it be deferred until the this $25,000 to the $10,000 that would be left when the $15,000 is 

next session of Congress, and while I shall cheerfully support the bill transferred to some other college instruction? 

if it is amended as I propose, I would have been better satisfied to I do not know that any colley;e would do this, but it might be done 

postpone its consideration until the next session in· order to hear further if we do not provide that this money sball be used for additional infrom the farmers inregard to it. struction in those branches in the interest of which we now propose to 

A1ter we had agreed upon the wording of the amendmen~ I carried have this money expended. I do not want any of the money now used 

it to most of the members of the committee-not all of them. I at- in the interests ofagriculture diverted to instruction in Latin, or Greek, 

tempted to find all of them, but failed. I believe, however, that all or Hebrew, or to any other instruction foreign to the work of an agrithe members of the committee to whom I showed the amendment as- cnltnral college as I think these institutions should be managed and 

seuted to it; and I think it has the approval of all who are favorable employed. 

to the passage of the bill. I want it understood, Mr. Speaker, that this appropriation shall be 

The bill as it passed the Senate gave all of this money to the agri- an additional sum t-0 be used to fit young men and young women for 

cultural colleges, to be used as they saw proper. · If they want to use the various industries of life. If any agricultural college is now emit to give instruction in Latin or Greek or Hebrew, they can do so. ploying annually $25,000 for such educationa1 purposes as a.re contemThe objection bas been made t.bat our agricultural colleges educate plated in my first amendment, I want this $25,000 added to it, .and 

young men to be lawyers and doctors and preachers and teachers and I want to be able to bold these colleges responsible so that we can call 

disqualify them for the farm; that, in fact, they educate them in su.:h upon them from year to year and know for ourselves whether this 

a way as to prevent their ever being farmers; and I am satisfied that money is expended for additional education in agricultuie, the mein some instances there is too much truth in this, and the object I have chanical arts, etc., or not. 

in presenting this amendment is to limit the use of this money to in- I now ask unanimous coI?.Sent, Mr. Speaker, that the word '.'adtlistruction in agriculture and the mechanic arts, and to such branches of tional" may be added before the word ''instruction. 'J There can not 

education as will benefit labor and prepare young men for the various be any objection to its insertfon in this connection, as it seems to me, 

industries of life, and my amendment is broad enough to embrace all and I desire in an)' event to present it. 

kinds of la.bor and all kinds of employment in this line. l\fr. CHEADLE. I object. 

It embraces just those branches which fit young men for entering Mr. McCOMAS. The amendment agreed to covers the whole bnsiupon a successful career of industry. This is what we want. Young ness. 

men need to be taught the science of every-day life, how and when to Mr. CA.RUTH. I now yield :five minutes to the gentleman from 

plow, how and when to reap, the composition of the F..oil, and the Michigan [Mr. O'Do:N"NELL], chairman of the Committee on Educaneeds of plants and fruits and crops, the use of machinery, etc. These tion. 

are the mysteries into which they should delve, and if they are led in Mr. O'DONNELL. M:r. Speaker, this bill has not been asked for by 

these paths they will become interested and duty will also be pleasure. the farmers, that I know of. I have carefully looked over my corre- 1\Ir. Speaker, there is another amendment which I think.ought to spondence and I find but three letters in it;sfavor: one from a graduate 

be made, though it may not be necessary. I did not feel at liberty to of the Michigan Agricultural College and two others from two profes· 

change the language of this amendment, for the reason that it had been sors in that institution, all worthy gentlemen. 

a.,,_<rreed upon by gentlemen representing different colleges and different This bill starts off giving an a.ppropriation of $15, 000 " to colleges for 

agricultural organizations. the benefit of agriculture and the mechanic arts," forty-three in num· 

But I am going to ask unanimous consent that the amendment be ber, amounting to $645,000 the first year, and every year thereafter 

modified by the addition of one word in the first line of the amend- the appropriation increases $1,000 annually for ten years, when it is 

ment, so it will read: 11 to be applied only to additional instructions in :fixed at $25, 000 each year, mak"i.ng a magnificent permanent endow· 

agriculture, mechanic arts, the En~lish Jangnage," et-c. The word I mentforthesecollegesof$1,075,000perannum. Ifitisforthebenefit 

propose to insert is '' additiona.~ '' of agriculture, why not confine its provisions to the purely agricnltnral 

Mr. HEARD. Will this reqmre any change in the course of study, colleges, instead of bestowing a portion of these large sums upon instiany addition to the course? tutions that have established an agricultural chair to comp1y with the 

Mr. JOSEPH D. TAYLOR. I think not. M:y object in asking forms of law? Heretofore 10,000,000 acres of land have been approunanimons consent for this modification is this: In my conferences priated for the benefit of agricultural colleges. 

with these college presidents I learned that a certain amount ofmonw The farmers appear content with this and have not asked for the 

in each institution is applied to agricultural education, that is, what passage of this bill. I believe several college presidents have shown 

they consider instruction ofa purely agricultural cba.racter, especially some interest in the measure and have sought to impress their view 

intended to fit young men for the farm or the shop or the mill or some μpon the Committee on Education, to which this bill was referred. 

of the other practical industries Qflife, and I think that the addition I think my colleagues on that committee will bear me out in this asofthis word wonld limit the appropriation to additional instruction in sertion. The farmers ask this Congress to take up and pa.sa the Conthese lines. ' ger lard bill, the pure-food bill, the Butterworth bill to prohibit ga.m· 

If a certain sum is now used in any college for purely agricultural or bling in grain, and the bill to save us from alien landlordism. 

mechanical instruction I do not want that money withdrawn and a part 'rhese are the bills the farming community are demanding aetion 

or a11 of this su bstitnted in its place. If this is done we will not be upon, and I am glad to know their wishes will soon be granted. They 

providing any more instruction or not much more than we now have. are willing that the bill now under consideratio~ should wait until 

:Mr. HENDERSON, of Iowa. I have a )ettAr from Professor Cham- these other meru)ures, vital t-0 their well-being, are enacted into law. 

berlain, the president of the Iowa Agricnltural College, who strongly The amendment offered for the committee by Mr. TAYLOR was a 

urges the adoption of the amendment as offere<i by the gentleman from portion of the ,bill as originally presented by the Senate, but for some 

Ohio, and saying that Mr. Brigham favors it in this form. I would reason was stricken out. 

therefore caution the gentleman in regard to changing the proposition I have here, Mr. Speaker, letters from the ex-master of the National 

unless he has consulted with these gentlemen who are the authors of Grange, the present master of that hody, the master of the Mississippi 

the biU. State Grange, the Ohio State Board of Agriculture, the Schoharie 

Mr. JOSEPH D. TAYLOR. I lrnve consulted with some of them County (New York) Farmers' Association (fourteen hundred memand they are in favor of the amendment as modified and preferittothe hers), the farmers of Niagara County, New York, all demanding, in 

original form. My reason for not introducing the amendment in this the interest of agricnlture, that this amendment be made a part of the 

form in the first instance was that some of the men to whom I have bill. I also have a petition to the Committee on Education, signed by 

referred had given their assent to this amendment in the language in the officers of the National Grange, Patrons of Industry, and four colwhich I first presenteu it, and have never been consulted as to the lege presidents of the National .Association of A1tricultnra1 Colleges, 

change I now propose, and hence I propose this additional word for asking for the insertion of the amendment. 

your consideration and for your judgment. These papers did not reach the committee until after it was agree1l 

Let me explain the object of this additional amendment a little fur- to report the bill as it came from the Senate . . I can vote for the bill 

ther. The trouble is that in some of the States there is very little with the amendment, but not without it. I could wish that a bill to 

difference between au agricnltura.l college _!1.nd a literary college. I encourage general education all over the laud conld be considered. As 

made this objection to t hese college presidents who came here in the I have never voted against any measure in favor of education I shall 

interest of the Senate bill, and I told them that I should vote against support this bill if the amendment is adopted. 

the bill a.sit came from the Senate, but would be willing to vote forit Mr. CARUTH. Mr. Speaker, the pre<;entation of the qne tions inif it could be framed so as to subserve the interests of the farmers and volved in this bill at this time is an apt illustration of the uncertainmechanics of the country. I inquired of them how much money, asa ties of legislation in this body. 

matter of fact, was annually expended by them in what they call agri- I understood from the gentleman from Maryland [Mr. McCmus] 

cultural and mechanical education, and they gave some amounts. tba.t it was his purpose on yesterday to moYe a suspension of the rules 

Suppose a. collegP- now' expends $25,000 in this kind of instruction when the Committee on Education had been reached in order thattbis 

and we pass this bill without adding the word "additional" before pending bill might be considered and if possible passed under a sns- ''instruction, ''what will preventa college from using the i25,000 nppro- } pension of the rules. When the hour of adjournment arrived and the 

pria ted by th is bill in lien of the other ~25, 000 ? Or what will prevent oommi ttee bad not been reached I supposed that this matter had been 

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passed over, at least for awhile. Butjudgeof my amazement,jud~eofmy 

astonishment, if you can, when I found this morning upon entering this 

Hall that it was the design of the gentleman from Ohio, the chairman 

of the Committee on Rules, to pull out ofhisinsidepocketaresolution 

of the committee fixing 'a time for the consideration of this bill amongst 

others. 1 came to the conclusion that it was indeed true of this, as ot 

all other things human, that no man can tell what a day or an hour will 

bring forth. . I come in here with no prepared speech to make against this measure, 

but! come, Mr. Speaker, with the sentiment, and in the name, and 

under the principles of the party I uphold, to enter my solemn protest against the passage of this bill by Democratic votes. I have been 

told that this measure is not akin to the Blair education bilL If the same principle that gave birth to the one measure did not give birth 

to this also, then I am unable to determine from what source- this bill 

has sprung. 

Mr. Speaker, permit me to say that the man who can take this bill 

aml show its distinction in principle, or any difference that exists in 

the principle it embodies, from that embodied in the Blair bill is a man of so fine au intellectual mind, so endowed with intellectual acumen 

word "lobby" is used that gentleman rises upon his hind legs and 

howls; I have heard him and other members in this House talk about 

the existence of a lobby for the purpose of influencing legislation; but 

I tell you, :Mr. Spealc.er, that the only lobby I have seen at this session 

of Congress was the educational lobby, composed of the presidents of 

the agriculturali.nstitutiona. They have haunted the corridors of this 

Capitol; they have stood sentinel at the door of the Committee on Education; they have evtin interrupted the solemn deliberations of 

that body by imprudent and impudent communications. 

I want to read you one. On the 25th day of June, 1890, the Committee on Education was in session, presided over by its distinguished 

chairman, the gentleman from Michigan [Mr. O'DONNELL], a ~ood 

man and true, considering his politics [laughter on the Democratic 

siJe], a man devoted to the interests committed to his keeping, and 

to him came this communication, which was read in the presence of 

the committee: 

Hon. JAMES O'DoN ill:LL, 

Chairman of Lhe Oommillee on Education : 

DEAR Sm: May we respectfully represent to your committee that genllemen from Dakota, Kansas. l\Ialneas would enable him to divide a hair into two part.'3 and to determine l\Iy God, think of his being here !-

its west from its northwest side. [Laughter.] Tennessee, Iowa, New .Tersey, and Maryland are waiting nt Wn.shing ton, unHere is n proposition submitted by the Committee on Education, able to see intelligently the members from their States until Senate bill 3714 is 

supporting a. bill that passed the Senate without discussion, to appro· reported or acted on by your committee. We dislike to appear too eagerJ>riate the money of the people of this country to the extent of $1,100,- My God, if there is any eagerness in the world it is possessed by these 

\JOO per annum for an indefinite period for the support of these agricult- gentlemen who are presidents of these agricultural collegesural and mechanical colleges. but it seems to many of us that the absence of one member or a committee so Far be it from me, Mr. Speaker, to put a single obstacle in the way strong as yoursof education. Such education as I myself posses3 was given to me as How did he expect the Committee on Education to get along in the a free gift from the public schools of this country. I have always been absence of its distinguished member from Ohio, Judge TAYLOR? 

afirmanddevotedadvocateofourpublic-schoolsystem. But, sir, I am Mr. O'DONNELL. Colonel TAYLOR. 

unwilling to undertake by any legislation we may adopt to carry the 1\lr. CARUTH. Colonel TAYLORautbority of this Government into the various States of this Union and, oug ht hardly to detain the many friends of this measure longer. Can not 

by a proposition of this character, make our Government an educational some progr ess be made to-day? 

institution. I am umvilling to take the money that is derived from the And from that hour to this they have haunted the halls of this 

tax-payers of this country out of the Treaimry of the people and apply Capitol with their presence. They have buzzed in your ears, sir, and 

H to this.matter of education in the States. And when I lift my Yoice in yours, and in the ears of every member of this House. It bas been 

in opposition to it I have good Democratic sentiments and good Demo- an organized, strong, combined lobby for the benefit of the agricultcrntic principles behind me on which to sustain my opposition. u:al colleges ?f the country. Now, what do they propose to do if yon 

We Democrats look back to the great apostle of our faith, Andrew give ihem this money? Do they propose to go out into the highways 

.Tackson, with a species of reverence; and when the Congress of the and byways and take the poor boy by the hand and lead him to the 

United States passed a bill away back yonder in 1833, when the Gov- institution of learning? Do they throw wide open their portals for 

<'rnment was young, to appropriate for a limited time the proceeds of any boy to enter there who may desire? No, there is a golden knocker 

the sales of the public lands of the United States, and for granting on the door. There is but one open sesame to admission there, and 

public lands t-0 certain States for cduca.tional purposes, Andrew: Jack- that one word is'' money." They are paid institutions, and not free. 

Ron, the gr~t a~tl~ of Democracy, la~d down then what I believe to They do not afford the blessings of free education for the children of 

be the cardmal prmmp~cs cf tha party lil that.regard, that- I \,be people. No boy can afford to go there and be supported unless 

H the mo ey of tb 'C'mtctl States can not be applied to local purposes- there is a rich_ parent behind him. But we are asked to give $100 a 

Says be- year to each one of these students, shuttin~ our eyes to the Constituthrough its own n~ents, a J little can it be appropriated to these institutions l tion, shutting our eyes to the infamy of this meamre. tilrough the agency of the State goycmment>. 1 Ur. CULBERSON, of Texas. When they put down the tuition 

And he vetoed that measure. I they make it up on the board. 

Coming down the line of Democratic precedents, we find that this · Mr. CARUTH. Yes, they make it up on the board. I received a measure that became a law i~ 1862, which this bill amends, originally circular the other day-I think it was from Georgia-asking me to ap. 

passed iu 1859, and that James Buchanan, the Democratic President point a cadet to a certain school. 

of the United States, stamped his veto upon it and it failed to be passecl Several MEMBERS, Alabama. 

O\'er that veto by the then Congress of the U_nited States. .Mr. C~RUTH. Aitbama, the State of my friend, Colonel OATES, 

Mr. GEA.le HaveyounotanybetterbackingthanJamesBuchanan? In tha.t c1rcular they asked me to appoint a cadet to that institution, 

Mr. CARUTH. I will attend to the question that is before me now. and they told me in that bill that the boarcl was free, but the tuition 

I say tbn.t Democratic antbority stands back of me. James Buchanan was $130 per annum. (Laughter.] 

in that Yeto message of 1859 Yetoecl the same bill which passed in A MEMBER. Just the other way. 

J8G2. Mr. CARUTH. The board was free and the tui'iion was $130 a Mr. GEAR. You need helter backing than that. year. · 

.Mr. CARUTH. That is pretty good backing. Mr. MORGAN. Two hundred dollars. 

Mr. GEAR. For a Democrat. Mr. CARUTH. I did not nominate the cadet; I do not propose to 

Mr. CARUTH. Andrew Jackson was a Democrat, :i.nd James Buch- nominate the cadet; but I do know that, as the distinguished gentle- nnan was a Democrat who had some regard for the Constitution of his man from Texas [Mr. CULBERSON] says, when they put it down on country, whatever the gentleman from Iowa may say against him. the tuition they put it up on the board. [Laughter.] 

1\Ir. GEAR. Ile Slid that there was no law by and under which re- Now, I see that out of all these fifty-five colleges, employing 808 

bellion or secession could he put down. teachers, educating but 14,000 children, not one of them offers us Mr. CARUTH. But lie never proclaimed that there was any higher knowledge without money and without price. 

law in this country than the Constitution of the United States that Mr. OATES. Does my friend remember what school that was? 

you and I are sworn to maintain. [Applause on the Democratic side.] Mr. CARUTH. I do not. 

And it is because of my derntion to th:it instrnment, which I took an Several MEMBEBS. Hunt'iville. 

oath to support, that I am here to enter my solemn protest against Mr. CARUTH. Huntsville, I :im told on all sidea. 

the passage of this bill. Mr. OATES. The agricultural college is in the district which I have 

:Mr. GEAR. I never knew one of my Democratic friends who could the honor to represent, and students there get free tuition. 

not find a warrant in the Constitution for anything. Mr. CARUTH. I am glad to bear that. How much are they 

Mr. CARUTH. .And I never knew one of my Republican friends charged for board? [Laughter.] 

who regarded the Constirtttion of this country as our fathers made it. Mr. WHEELER, of Alabama. Does the gentleman refer to the 

[Applause on the Democratic side.] I say that aside from the con- school at Huntsville? 

stitntional objection which presents itself to my mind there is another Mr. CARUTH. I do not know anything ,about the institution. I 

objection to this bill that ought to be urged in this presence. I have know that the tuition is $130. 

heard a good deal upon the subject of lobbies. My eloquent and dis- Mr. WHEELER, of Alabama. I want to say to the gentleman that 

tinguished friend from Kansas [Mr~ A...~DERSOY], to whom the name at the school at Huntsville, .Ala., the best gentlemen in Northern .A.laof D railroad corporation is as a i·ed flag in a bull's face-whenever the bama. are being educated, and will also inform him that a number o' 

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1890. CONGRESSIONAL RECORD-HOUSE. 8837 

the best people of North .Alabama subscribed their money and established the excellent military academy to which he refers. In a spirit 

of generosity they have extended to each member of Congress the p.rivilege of sending one cadet to that institution at less than half the usual 

rates. I am ast.onished that the gentleman receives the commendable 

generosity of these g:ood people in such a spirit. 

Mr. CARUTH. And nobody but a gentleman or the son of a gen-- tleman can get the advantages of it. No man but a rich man's son can afford to be educated in one of these institutions. 

Mr. LEWIS. Will the gentleman from Kentucky permit me to say 

that in the agricultural college of the State of Mississippi there are students who earn their own expenses by manual labor? 

Mr. CARUTH. Will the gentleman allow me to state to him that 

at Yale College, at Harvard College, at Cornell University, and other 

institutions oflearning throughout this land there are students who earn their own expenses during tuition? 

Mr. MORGAN. Is not Cornell University an agricultural college? 

Mr. CARUTH. I do not know. I do not think it is in that list. 

Mr. GEAR. I willstatetothegentleman fromKentuckythatthere 

is no limitation in Iowa in regard to the pecuniary condition of the 

students. A student in any rank of life can go into that State institution; and I know of my own knowledge that the sons of Iowa farmers are being educated there, their expenses being limited simply to their 

board, which is less than $1.80 a week. My friend says they are not 

educated. I beg to say that they are taught not only practically about 

agriculture and farming, but also in the highest branches of scientific 

knowledge relating to farming. 

Mr. CARUTH. I do not want to detract from the State of Iowa. 

That it has large educational advantages I do not doubt. That it has 

learned men I do not doubt; and if I had a doubt upon this subject, it 

would be removed by the presence of these distinguished Representatives from that St.ate upon this :floor. [Laughter.] 

1\Ir. ALL~N, of l\Iichigan. Mr. Speaker, I wish to ask the gentle- man from Kentucky to except the . agricultural college of the State of 

Michigan and the university of that State from his charge. 

Mr. CA.RUTH. The university? Where is it? ·where is the institution? Is it Ann Arbor? 

Mr. ALLEN, of Michigan. We have one at Ann Arbor and the 

other is at Lansing. 

Mr. CARUTH. That is one of the reasons why I do not want to vote 

for this bill, because this appropriation is obtained, not for the purpose 

of sustaining separate institutions of learning, but for the purpose of 

making annexes to and adjuncts of some established university. 

Mr. ALLEN, of Michigan. If the gentleman will allow me-- Mr. CARUTH. And this is one of the reasons why lam opposed to 

this bill. 

Mr. ALLEN, of Michigan. Will my friend allow me a question 

right there? 

Mr. CARUTH. Yes; I will yield to the gentleman for a question. 

Mr. ALLEN, of Michigan. The Agricultural College of Michigan is 

one that has been established there for thirty years, and was founded in 

the State by appropriations made by the Congres.s of the United States. 

Mr. CARUTH. Then it has been founded upon the_money of the 

United States, when the people of Michigan ou~ht to sustain it themselves. 

Mr. ALLEN, of Michigan. In the Agricultural College and University of Michigan, the same as in every other college in other parts 

of the United States, there are students from all ovt!r the country, and some of the' students come from the State of Kentucky also. [Laughter 

and applause on the Republican side.] 

Mr. CARUTH. You can not make a speech· in my time. I yielded 

to you for a question, but not for a speech. 

Mr. ANDERSON, of Kansas. Will the gentleman from Kentucky 

yield to me for a question? 

1\Ir. CARUTH. I will. 

Mr. ANDERSON, of Kansas. I would like to say to the gentleman 

from Kentucky that the State of Kansas bas an agricultural college 

where there are five or six hundred staden t.s to-day in which no tuition 

is charged, and there they are taught that which pertains purely to 

agricnltnre. 

Mr. CARUTH. Are you president of the college? 

Mr. ANDERSON, of Kansas. I was president of the Kansas Agricultural College fo~ nearly five years, and I think I know more about 

agricultural colleges than the gentleman seems to. 

Mr. CARUTH. Did you leave the college for the college's good? 

[Laughter.] 

Mr. ANDERSON, of Kans:is. No; I came here for the benefitof the 

farmer. 

Mr. CARUTH. Now, Mr. Speaker, if there is any other State in the 

Federal Union that has not been heard from, I pause in order that it may 

proffer proof of the excellency of its institution here and now-- Mr. CARLTO~ rose. Mr. CARUTH. Except the State of Georgia. [Laughter.] 

Mr. CARLTON. I want to state that there is an agricultural college in my State and in the town where I reside. In it tuition is absolutely free, and board is not allowed to be more than $12.50 a month. 

Mr. CARUTH. And that is another reason why I object to this bill. 

Every man on the jury is to get a little of the pork himself. [Laughter.] But let us rise, my friend from Georgia, above any such a sor- did and selfish prit;iciple as that. Let us get above such a thing as that 

and not tax the people of this country to sustain institutions of this 

character, founded at least upon doubtful constitutional right. 

Now, if these institutions oflearning of which gentlemen speak are doing so well, why do they come before Congress and ask for this 

money? Why do they besiege the corridors of this Capitol? Why do 

they hang around the committee-rooms of this House? Why should 

the United States Government enter upon a wholesale scheme of education? Why should it assist pay schools when it will not assist free 

schools? Mr. Speaker, upon every view of this bill, upon principle, 

I oppose it.a passage. [Applause on the Democratic side.] How much 

of my time remains? 

The SPEAKER pro tem1Jore. The gentleman has ten minutes re- maining. 

Mr. CARUTH. I yield seven minutes to the gentleman from New 

York [Mr. TURNER], a!ld I will yield the three minutes remaining to 

the gentleman from Kansas [Mr. KELLEY]. 

Mr. KELLEY. I yield my three minutes tc; the gentleman from 

New York. 

Mr. TURNER, of New York. Mr. Speaker--

tr. HENDERSON, of Iowa. Now give us a good one. [Laughter.] 

Mr. TURNER, of New York. My friend from Iowa must be of the same grasping spirit that the eloquent gentleman from Kentucky [Mr. 

CARUTH] has ascribed to those college presidents if, atter the eloquence 

and the logic he has already heard upon my side of the question, he 

still wants more. [Laughter.] · Mr. HENDERSON, of Iowa. I will tell you how the gentleman from. 

Iowa feels. [Laughter.] 

Mr. TURNER, of New York. !trust that the gentleman will kindly 

take his own time to tell us that. 

Mr. HENDERSON,oflowa. Letmetellyouhowlfeel. [Laughter.] 

Mr. TURNER, of New York. In your own time. Mr. Chairman, 

I can conceive no good reason why a million dollars a year should be 

appropriated to teaching the sons of farmers agriculture any more than a like sum should be appropriated to teaching the sons of the men in 

my district bricklaying or carpentry or any other useful employment. 

Mr. McCOMAS. This bill providesforthat. It provides for teaching any industrial or mechanic art. 

Mr. TURNER, of New York. Oh, yes; but does any one of these 

agricultural colleges teach carpentry or masonry or any other thing 

but agriculture? 

Several MEMBERS. Oh, yes; they teach them all. (Laughter and 

confusion.] 

The SPEAKER pro tempore. The House will be in order. The gen· 

tleman's time is being consumed by the Honse itself. 

l\Ir. TURNER, of New York. I appeal to the House, Mr. Speaker, 

that that is hardly fair treatmen~. Now, I have had some little experi- ence in my early days in this matter of agricultural colleges. I attempted once to become a student in an agricultural college which was 

endowed by my native State. 

Mr. KELLEY. What State is that? 

Mr. TURNER, of New York. TheState of New Hampshire. 

That institution was ot the same order as those which the gentle- man from Kentucky [.Mr. CARUTH] de.scrib~. It requires as much or nearly M much money, to become a student there a.s at any other 

institution of learning, and I never heard of any handicra~ school, if I 

may be allowed that expression, in connection with any of those agricultural colleges. I never supposed there was anysuch thing, nor am I inclined now t.o.credit the statement that any class of artisans are educated at any of these agricultural colleges. 

But, Mr. Speaker, the real animas, the real purpose of this legislation is simply this: The agricultural classes are in a state of unrest, 

and the great agricultural communities that have given Republican 

majorities year after year are asking themselves to what end they have 

given those majorities. Now, I say to gentlemen on this side of the 

House-for I know that an appeal to those on the other side would 

fall npon deaf ears-I say to gentlemen upon this Ride of the Hou!;e, 

if you will give the American farmer the same chance that you give to 

the manufacturing class, if you will remove from him the burden of 

unjust tariff taxation that has weighed heavily upon him for a quarter 

of a century, he will be able to educate his own sons in his own way 

without governmental aid. 

It is very well for gentlemen to talk as though this were a trifling 

matter, this fastening an additional tax of $1,000,000 a year upon a people already overburdened with taxation; but this Congress, one branch of' which defeated a bill which, however wise or unwise it may 

have been, propo')ed to give governmental aid to common schools, and 

this party, charged by the people at the last election with the duty of 

legislation, which defeated the Blair educational bill in defiance of its 

solemn pled1tes, can hardly atone to the people who asked for common- school education free to everybody by offering an ornamental education 

to those who shall have succeeded in obtaining enough preliminary education to enter these colleges. 

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88.'18 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

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Why, sir, boys are fairly equipped for the race of life when they have 

the education necessary to enter most of these institutions; and so Jon~ 

as there is in any part of this country a Ia.ck of elementary schools for 

the education of any considerable number of children so that ~hey may 

understand the institutions of the country ~md the value of the b9llot, 

that they may read and write the English language, a.nd be able to understand a simple legal instrument, I believe that the public money 

might as well be spent in founding a great art academy, a school of 

sculpture or a collegti of mining or engineering, as to devote money raised 

by taxation to the support of an agricultural college, especially as such 

colleges have in almost every instance proved such conspicuous failures 

that they could not support themselves. I believe it to be a very good 

rule--

Mr. HOUK rose. Mr. TURNER, of New York (to Ur. HouK). You have fa.ken most 

of my time in "howling" and you can not use up the rest of it in 

questions. [Laughter.] I decline to yield. 

I believe it to be a very good rule that when a business will not pay, if 

undertaken on a selt~snpporting basis, it is not a p;ood business for the 

.American Government to engage in. If there is any great demand for 

this character of education it is very wonderful that among all the institutions spread over this land there should not be some established 

byprivate enterprise to meetthislong-felt want, and that &uch private 

institutions should not be thronged with students pa.ying their o"'n 

expen es. I believe that every man who is taxed to support an institution of 

this kind, in which he himself or his children can have no interest, may 

well protest, and ought to protest, against this wholesale voting of 

money for tbe support of a particular class of educational institutions: 

If you want to assist the farmers, give them a fair chance to buy and 

sell in the markets of the world. I believe that any measure of this 

kind, purportin,g to be in the interest of the farmer, is simply a sop 

thrown to him that he may slumber still longer under our present iniquitons tariff legislation. 

[Here the hammer fell.] 

Mr. McC011AS. Mr. Speaker, I have eight minutes left, of which 

I yield five minutes to the gentleman from Georgia [Mr. BLOUNT]. 

Mr. BLOUNT. Mr. Speaker, in order that members may have a proper understanding of this question, I shall talce the liberty of printing with my remarks the act of July 2, 1862, providing for the estμ.blishment of "colleges for the benefit of agriculture and the mechanic 

art.s '' and also the act of March 2, 1887, providing for the establishment of airicultural experiment stations in connection with these colleges. 

An net donating public lands to t11e several Staies and Territories which may provide colleges for the benefit of agriculture and the mechanic arts. 

Be it enacted by the Senate and House of &prese1itatives of the United States of 

Am.el·ica in Congress assembled, That there be granted to the several States for the purposes hereinafter mentioned an amount of public land, to be appor- tioned to each State a. quantity equal to 30.000 acres for each Senator and Rep- resentative in Congress to which the States are respectively entitled by the ap- portion ment under the census of 1860: Previded, That no n::ineral lands shall be selected or purchased under the provisions of this act. SEC. 2. And be it further enacted, That the land aforesaid, after being surveyed, shal I be apportioned to the several States in sections or subdivisions of sections r:ot less than one-quarter of a section; and whenever there are public lands in a Stute subject to sale at private entry at Sl.25 per acre the quantity to which said State shall be entitled shall be selected from such lands within the limits of such f;tate; and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at 1.25 per arre, to which State may be entitled under the pro- visions of this net, land-scrip to the amount in acres for the deficiency of its dis.- tributive share, said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in this a.et, and for no other use or purpose whatsoever: Provided, That in no ease shall any State to which land- scrip may thus be issued be allowed to locate the same within the limits of any other State, or of any Territory of the United States, but their assignees may thus locate said land-scrip upon any of the unappropriated lands of the United States subject to sale at private entry at $1.25, or less., per acre: And provided 

further, That not more than 1,000,000 acres shall be located by such assignees in n.ny one of the States: .Antl provided further, That no such location shall be made before one year from the passage of this act. SEC. 3. Andbeitfurther enacted, That all the expenses of mauagement, super- intendence, and taxes from date of selection of said la.nds1 previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrmn, shall be pa.id by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied 'vithout any diminution whatever to tho purpose.s hereinafter mentioned. Sxc. 4. And be it further enacted, That all moneys derived from the sale of the lan<!s aforesaid by the States to which the lands are apportioned, and from the sales of land scrip herein before provided for, shall be invested in stocks of the United States, or of the States, or some other safe stocks, yielding not less than 5 per cent. upon the par value of said stocks; antl that the moneys so invested shall constitute a perpetual fund, the capital of which shllll remain forever un· diminished (except so far l\S may be provided in section 5 of this act), and the interest of which shall be inviolably appropriated by ea.ch State which may take and claim the benefit of this act to the endowment, support, and maintenance of at least one college wheretheleadingobjectshall be, withoutexcludingotber scientific and classical studies, a.rid including military tactics, to teach such branches of Jea.rnini;- as are related to agriculture and the mechanic arts in such manner as the Legislntu res of tlie States may respectively prescribe in order to promote the libera.l and practical education of the industrial classes in the sev- eral pursuits and professions in life. SEc. 5. And be it further enacted, That the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provfaions herein before contained, the previous asgent of the several States ahall be signified by legislative nets: First. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interestthereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by the State to which it belongs, so that the capital of the fund shall remain foreyerundiroinished; and the annual interest shall be regularly applied without diminution to the purpose men- tioned in the fourth section of thi'I Mt, except that a sum, not exceeding lO per cent. upon the amount received by nny State under the provisions of this act, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective Lef;rislatures of said States. Second. No portion of said fund, nor the interest thePeon, shall be applied, 

directly or indirectly, under any pretense whatever, to the purchnse, erection, 

preservation, or repair of any building or buildings. Third. Any State which may take and claim the benefit of tho provisions of this act shall provide, within five ye:us, at least not less thnn one college, as de- scribed in the fourth section of this net., or the grant to such State shall cease; and said State shalt be bound to pay the United States the amount received of any lands previously sold, and th:i.t the title to purchasers under the State shall be valid. 

Fourth. An annual i·eport shall bo made regarding- the progress of each col- lege, reco:rding any improvements nnd experiments made, with their cost and results, and such other matters, including State indu trial and economical sta- tistics, as may be supposed useful, one copy of which shall be transmitted by mail free, by each, to all the other colleges which ma.y be endowed under the provisions of this act, and also one copy to the Secretary of the Interior. Fifth. \Vhen lands shall be selected from those which have been raised to double the minimum price, in consequence ot railroad grants, they shall be com- puted to the States at the maximum price, ancl the number of acres proportion· 

ally diminished. · Sixth. No State while in a condition of rebellion or insurrection aga.instthe Government of the United States shall be entitled to the benefit of this act. Seventh. No State shall be entitled to the benefits of this net unless it shall express its acceptance thereof by its Legislature within two years from the date of its approval by the President. SEC. 6. 4nd be iJ.further enacted, That land scrip issued under the provisions of this act shall not be subject to location until after the 1st day of Januo.ry, 1853. SEC. 7. And be ilfurthe1· enacted, That the land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is [are 1 now allowed for the location of military bounty-land warrants under existing laws: Provided, Their maximum compensa.tion shall not be thereby increased. SEC. 8. And be it further enacted, That the governors of the several States to which scrip shall be issued under this act shall be required to report annwilly to Congress all sales made of such scrip until the whole shall be disposed of. the amount received for the a.me, and what appropriation has been nmdc of the proceeds. ApproYed, July 2, 1862. 

An a.ct to establish agricultural e.xperiment stations in connection with the col- leges established in the !levera\ States under the provisions of an a.ct approved 

July 2, 1802, and of the acts supplementary thereto. 

Be it e1iacted by the Se1iate and House of Represenlativef of the United Statu of America in Oongress assembled, That in order to aid in acquiring and cliffusing among the people of the United States useful and practical information on sub- jects connected with agriculture, and to promote scientific investigation and experiment respecting the principles and applications of agricultural science. there shall be eJ>tablished, under direction of the college or colleges or agricult- ural department of colleges in ea.ch State or Territory established, or which may hereafter be established, in accordance with the provisions of an act ap- proved July 2, 1861, entitled " An &ct donating pu blie lands to the several States and Territories which may provide colleges for the benefit of agricultu!e and the mechanic arts," or any of the supplements to said act, a department to be known and designated as an" agricultural experiment station: " PrO'Vided, That in any State or Territory in which two such colleges have been or may be so es- tablished the appropriation hereinafter made to such State or Territory shall be equally divided between such colleges, unless the Legislature of such State or Territory shall otherwise direct. SEC. 2. That U shall be the object and duty of said experiment stations to con- duct origirml researches or verify experiments on the physiology of plants and animals; the diseases to which they are severally subject, with the remedies for the same; the chemical composition of useful plants at their different stages of growth; the comparative advantages of rotative cropping as pursued under a. varying series of crops; the capacity of new plan~ or trees for acclimation; the analysis of soils and water; the chemical composition of manures, nnturaJ or s.rti- fieial, with experiments designed to test their comparative effects on crops of dif. ferent kinds; the adaptation and value of grasses and forage plants; the com· position and digestibility of the different kinds of food for domestic animals: the scientific and economic questions involved in the production of butler and cheese; and such other researches or experiments bearing directly on the &J.?l'i- eultural industry of the United States as may in each case be deemed advisable, 

having due regard to the varying conditions and needs of the respective States or Territories. 

SEC. 3. That in order to secure, ns far as practicable, uniformity of methods and results in the work of said stations, it shall be the duty of the United St.ates Commissioner of Agriculture to furnish forms, as far as practicable, for the tabulation of results of investigation or experiments; to indicate, from time t-0 time, such lines of inquiry as to him shall seem most important; and, in gen- eral, to furnish such ad vice and assistance as will best promote the purposes of this act. It shall be the duty of each of said elations, Annually, on or before the 1st day of February, to make to the governor of the State or Territory in which it is located a full and detailed report of its operations, including o. statement of receipts and expenditures, a copy of which report shall be sent to each of said stations, to the said Commissioner of Agriculture, and to the Secretary of the Treasury of the United States. SEC. 4. That bulletins or reports of progress shall be published at said stations at least once in three months, one copy of which shall be sent to each news- paper in the States or Territories in which they are respectively located, and to such individuals actually engaged in farming as may request the same, and as far as the means of the station will permit. Such bulletins or reports and the annual rnportsof said stations shall betransmitt.ed in the mails of the United States free of charge for postage, under such regulations as the Postmaster- General may from time to time prescribe. · SEC. 5. That for the purpose of paying the necessary expenses of conducting 

investigations and experiments and printing and distributing the result.s as hereinbefore prescribed, the sum of $15,000 per annum is hereby appropriated to each State, to be specially provided for by Congress in the appropriations from year to year, and to each Territory entitled under the provisions of sec- tion 8 of this net, out of any money in the Treasury proceeding from the sales of public lands, to be paid in eq11al quarterly payments, on the 1st day of January, April, July, and October in each year, to the treasurer or other officer duly appointed by the governing boards of said colle~es to receive the same, the first payment to be made on the 1st day of October, 1887: Provided, however, That out of tht1 first annual approprintion so received by any station an amount not exceeding one-fifth may be expended in the erection, enlargement, or rep11.ir of a. building or buildings necessary for carrying on the work of such station; and thereafter an amount not exceeding 5 per cent. of such annllll.l appropriation may be so expended. 
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1890. CONGRESSIONAL RECORD-HOUSE. 8839 

SEc. 6. That whenever it shall appear to the Secretary of the Treasury from corporations.'' A .few presidents of agricultural colleges come here 

theannualstatementofreceiptsandexpendituresofanyofsaidetationsthata • th · te t f ht? f 11 d · dt · · l d f 

portionoftbeprecedingannualappropriationremainsunexpended,suchamount lll ein res 0 W a· O CO eges esigne ogiveaspecia e uca Ion shall L>e deducted from the next succeeding annual appropriation to such sta- to those who labor on the farm and to mechanics in the shops. There 

ti.on, in order that the amount of money appropriated to any station shall not ex- is an immense difference between such gentlemen coming in the inter- ceed tile amount actually and necessarily required for its maintenance and sup- ests of such institutions and lllbbyists paid $10,000 a year and kept here 

poJ!'c. 'i. That nothing in this act shall be construed to imp ·r or modify the all the time by railroad companies to look after their steals. The diflegal relation existing between any of the said colleges and the go>ernment of forence between my friend and myself is as to the class of bills which the States and Territories in which they are respectively located. we anta!!onize. I antagonize railroad bills·, he antagonizes agricolt- SEc. 8. That in States having CQlleges entitled under this section to the bene- ~ 

tits of this act and having also agricultural experiment stations established by ural bills. I am endeavoring to advance the present and future inter- law separate from said colleges, such States shall be authorized to apply such ests of farmers and am heartily in favor of this bill. He opposes it. benefits to experiments at stations so established by such States; and in case We are alike, in both ''getting up on our hind legs and howling.'' ' any ~tate sball have established, under the provisions of said act of July 2 afore- said, an a!?Ticullural department or experimental station, in connection with [Laughter.] any univ~ity, college, or institution not distinctively an agricultw·al college I wish to say a word, Mr. Speaker, on the biil, for the reason that or school, and such State shall hn ve established or shall hereafter establish a during a presidency of five years of an agricultural college I necessarily separate agricultural college or school, which shall have connected therewith . an experimental farm or station, the Legislature of such State mity apply in acquired some knowlege of the agricultural college question. Durrng whole or in part the appropriation by this act made to Ruch separate a.gricult- the first half of that t>eriod since the agricultural grant was made, ural college or school, and no Le.ll:islature shall by contract, express or implied, 18621 the colleges organized in it were entirely and naturally devoted disal>le itself from so doing. 1 SEc. 9. That the grant"' of moneys authorized by this act are made subject to to the professional curriculum, and necessarily turned out awyers, the l egislative assent of the several States and Territories to the purposes of doctors, preachers, and teachers. During the latter half of the period said ~rants: Provided, That payment of such installments of the appropriation the agricultural colle!!es, finding that they were not giving a satisfac- herein ma.de as shall become due to any State before the a.djou.rnment of the ~ 

reaular session of its Legislature meeting next after the passageofthisactsha.11 tory education to the farmers, devised a curriculum for the purpose of be"' made upon the assent of the governor thereof, duly certified to the Secretary affording specific technical knowlege and more satisfactory and practiofs~~~ fu~eN~~~g in this act shall be held or construed as binding the United . ct'.11 resalt.s to those persons engaged in farming or meehanical occupa.- StatE>s to continue any payments from the Treasury to any or all the States or ions. institutions mentioned in this act, but Congress may at any time a.mend, sus- The object of this bill is to cause those colleges which have been 

pend, or repeal a.ny or all the pronsions of this act. absorbed by professional educators and which have turned out prof es-

.Approved March 21 1887· sional men only to adopt and apply a modern curriculum applicable 

Mr. Speaker, we have heard tleclamation here against the furnish- to the mechanic arts and agriculture alone; and I give my hearty suping of aid bytbe Federal Government to educational institutions. But port to this measure, for the reason that it will in future give to the 

that proposition is not before us at the present time. The act for the sons and daughters of farmers that power derived from specific knowlestablishment of these agricultural colleges was passed in 1862; and edge which will be of inestimable value to them in the prosecution of 

under it the State of Georgia has received some $243,000. The State their business. 

of the gentleman from Kentucky [Mr. CARUTH], who has declaimed I hope th~ House will adopt the amendment of the gentleman from so l0udly against this policy, has received some $200,000. In addition Ohio and also the insertion of the word "additional" before the word 

to tliat, Georgia., Kentucky, and various other States of this Union, in "instruction," so as to prevent the agricultural colleges which have 

pursuance of the act of 1887, have been receiving from the Federal been already absorbed by the universitiesthroughoutthecountryfrom 

Treasury annual appropriations of $15, 000 each for agricultural experi- using this fund for professional education only, and that the House will 

ment stations. condition all of the bill on the distinct proposition that the education 

Yon have th~n these agricultural colleges already created; the States furnished must be industrial, a pr~tical one, out of which the farmers 

have accepted them; the~ have been endowed by appropriations of of the country can make more money than they do, or out of which the 

public lands. Yon have a..;so your agricultural experiment stations in girl or woman who is compelled to support herself by her own labor can the various States, each of which, under the act of 1887, is to receive make more money as a telegraph operator or printer or in other direcits annual appropriation of $15,000; for, although the appropriation tions than without it. 

was not made for the la.st year, there is in the act the declaration of I hope the House will adopt the bill and also the amendment. 

this system of annual appropriations as a pennanel\t policy. This be- [Here the hammer fell.] 

ing the situation, what does this bill propose? SimplJ"toincreasethe The SPEAKER pr!J tempore. Under the order of the Honse the preamount appropriated to each of these stations by the sum of $1, 000 an- vious question is considered as ordered, and the pending question is 

nually until it shall reach $25,000. on the amendment to the amendment proposed by the gentleman from 

That is all there is in the proposition. How is tbere any question Ohio [Mr. JOSEPH D. TAYLOR]. 

of constitutionality involved? How does there arise any question as Mr. CARUTH. I move to recommit the bill with instructions. 

to the propriety of this general policy? The acts referred to bave al- The SPEAKER pro tempore. That motion is not in order at ibis 

ready been passed; these colleges and agricultural stations have been time. The Clerk will report the pending amendment. 

established. Coming now to the consideration of this question, we find The Clerk read as follows: 

these conditions existing; and this proposition, as I have said, is sim- Insert the word "additional" before the word "instruction" in the third 

ply to increase to a limited extent the amount of the annual appro- line. 

priations~that and nothing more. Mr. McCOlIAS. That amendment was·not agreed to. 

Some question has been raised whether under a possible change of The question being taken on the amendment to the amendment, the our land system we may not reach a time when there will be no money House divided; and there were-ayes 48, noes 75. 

arising from the sales of public lands, and whether there might not So the amendment was rejected. 

then be a continuation of these appropriations. Why, sir, the very The SPEAKER pro tempore. The question now recurs on the ameudlangnage of this bill provides distinctly that this money shall be taken ment proposed 'by the gentleman from Ohio. 

from the sales of the public lands, and from that source only. The The amendment was adupted. 

very instant you shall have changed your land laws, so that there is The bill as amended was ordered to a third reading; and was accord- no longer any fund arising from this source, then, by the very force of ingly read the third time. 

the language of the act, the appropriation ceases. The question recurred on the passage of the bill. 

The official fip;ures show that during the last fiscal year we received Mr. CARUTH. I believe I have arrived now at the proper place in 

from the sales of the public lands the sum of $8,0181000. I under- which to move to recommit. 

stand from the chairman of this committee and from other gentlemen The SPEAKER pro tempore. The gentleman can now submit the 

that the estimate of increased expenditure when you shall have given motion. 

to these institutions the amount provided for in this bill, is only $1, 200,- Mr. CA.RUTH. I move to recommit the bill with the imitroctions 

000. Hence, unless you shall hereafter deliberately change your legis- 1 send to the desk. 

lation in reference to the public lands, there is no possibility of there The Clerk read as follows: 

being any deficit in this direction. · 

If, however, Congress should see fit to change the existing system, 

then a new question would present itself, whether we would undertake to appropriate directly from the Federal Treasury for this purpose. When thatcontingencyshall arise, and not till then, we shall be 

called upon to meet the que~tion whether there is any more propriety 

in expending for this purpose money taken from the sales of public lan<~s than money from the general Treasury. 

[Here the hammer fell.] 

Mr. McCO:\IAS. I yield the remainder of the time to the gentle- man from Kansas [Mr. ANDEnSON]. 

Mr. A~DERSON. of Kansas. Mr. Speaker, it happened that I was not present at the moment when my friend from Kentucky made ref- erence to me as one "getting up on his hind legs and howling against 

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Recommit the bill to the Committee on Education with instrudions to strike out all provisions requiring report to be made to the Secretary of the Interior, and all provisions authorizing the withholding of the funds by the Secretary of the Treasury. 

The question was taken; and on a di"rision there were-ayes 53, 

noes 95. 

Mr. UcMILLIN. Let us have the yeas and nays on the motion to 

recommit. 

The yeas and nays were not ordered. 

The question recurred on the passage of the bill. 

The Honse divided; and there were-ayes 135, noes 39. 

So tba bill was passed. · 

Mr. McCOMAS moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table. 

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8840 CONGRESSIONAL RECORD-HOUSE. AUGUST 19, 

The latter motion was agreed to. 

And then, on motion of Mr . .McCo:uas (at 5 o'clock and 4!l minutes 

p. m.), the House adjourned. 

SENATE BILLS REFERRED. 

Under clause 2 of Rule XXIV, a Senate bill of the following title 

was taken from the Speaker's table and referred as follows: 

A bill (S. 3477) for the reliefofNeil Neilsson-to theCommittee on 

Pensions. 

SENA.TE RESOLUTIONS REFERRED. 

Under c1ause 2 of Rule XXIV, the following Senate i·esolntion was taken from the Speaker's ta.ble and referred as follows: 

Re1olved by the Se1iate (the House of &presentatives concurrinp), That 3,000 copies 

oftbe testimony taken by the Select Committee on Relations with Canada be 

printed, 1,000 of which shall be for the use of the Senate and 2,000 for the use of the House of Representatives; 

to the Committee on Printing. 

HOUSE BILL WITH SEN ATE AMENDMENTS UEFERRED. 

Under clause 2 of Rule XXIY, a House bill of the folJowingtitle, with 

Senate amendments, was taken from the Speaker's table and referred as follows: 

A bill {H. R. 11459) making appropriations to supply deficiencies in 

the appropriations for the fiscal year ending June 30, 1890, and for prior 

years, and for other purposes-to the Committee on Appropriations. 

REPORTS OF COMMITTEES. 

Under clause 2 of_R11le XIII, reports of commitliees were delivered 

to the CJerk and disposed of as follows: 

Mr. STOCKBRIDGE, from the Committee on Commerce, reported 

favorably the bill of the Senate (S. 3719) to provide for the inspection 

of live cattle ~nd beef products intended for export to foreign countries, 

accompanied by a. report (No. 2985)-to the Committee of the Whole 

House on the state of the Union. 

Mr. MA.SON, from the Committee on Commerce, reported favorably 

the bill of the Senate(~. 885) authorizing the Lexington Ponton Bridge 

Company to construct and maintain a ponton bridge across the Missouri 

River, and to legalize the bridge already constructed at the city of 

Lexington, in the State of l\Iissouri, accompanied by a report (No. 

""2986}-to the House Calendar. 

Mr. SWENEY, from the Committee on Commerce, reported with 

amendment the bill of the House (H. R. 5680) to c.-onstitnte Des l\Ioines, 

Iowa, a port of delivery, and to extend the provisions of the act of J nne 10, 1880, entitled "An act to amend the statutes in relation to immediate transportation of dutiable goods, and for other purposes," to 

the said port of Des Moines, accompanied by a report (No. 2987)-to 

the Committee of the Whole House on the state of the Union. 

Mr. WILSON, of Washington, from the Committee on Indfan Affairs, reported favorably the bill of the Senate (S. 2828) to ratify and 

confirm certain agreements with the Cceur d' Arnne Indians in Ida.ho 

Territory, a'ld to make the necessary appropriations for carrying the same into effect, and for other purposes therein named, accompanied 

by a report (No. 2988)-to the Committee of the Whole House on the 

state of the Union. 

Mr. SKINNER, from the Committee on Indian Affairs, reported with 

amendment the bill of the House (H. R. 3076) for the relief of Russell 

S. Newall, accompanied by a report (No. 2989)-totQ.e Committee of 

the Whole House. 

Mr. LANE. from the Committee on Invalid Pensions, reported with 

amendment the bill of the House (H. R.11050) to grant a pension to 

l\Irs. Etta Hubbs as an army nurse, accompanied by a report (No. 

2990)-to the CommiUe.: of the Whole Honse. 

Mr. MASON,from th ~· .nmitteeon Commerce,reported with amendment the bill of the J .. use (H. R. 10841) authorizing the city of 

Albany, Oregon, to construct a bridge across the Willamette River, in 

Oregon, accompanied by a report (No. 2991)-to the House Calendar. 

BILLS A.ND JOINT RESOLUTIONS. 

Under clause 3 of Rule :XXII, bills and joint resC1lutions of the fol 

lowing titles were introduced, severally read twice, and referred as follows: 

By Mr. MORSE: A bill (H. R. 11779) to prohibit the sale or supplying of intoxicating beverages in military and navalinstitutions and 

nranches of the National Home for Disabled Volunteer Soldiers, and for 

other purposes-to the Select Committee on the Alcoholic Liquor ·Traffic. 

By Mr. ATKI~SON, of Pennsylvania (by request): A. bill {H. R. 

1J 780) regulatin~ the rate per annum of telephone service in the cities 

of Washington and Georgetown, in the District of Columbia-to the 

Committee on the District of Columbia. 

By Mr.CRAIN: Abili (H.H.11781) to authorizetheCorpusChdsti 

and Svuth Amerkan Railway Company to constiuct a bridge across 

the Rio Grande at or near Brownsville, Tex.-to the Committee on Commerce. 

By Mr. CASWELL: A bill (H. R. 11782) to limit the effect of the 

regulations of commerce between the several States and with foreign 

countries in ~rtain cases-to the Committee on the Judiciary. 

By Mr. MORRILL: A joint resolution (H. Res. 213) amending and 

construing the act approv.ed July 1, 1890, in relation to oaths in pension and other cases-to the Committee on Invalid Pensions. 

By Mr. ROWELL: A joint resolution (H. Res. 214) extending the 

"act fixing the rate of interest to be charged on arrearages of general 

and special taxes now due the District of Columbia if paid within a 

time specified" to October 31, 1890-to the Committee on the District of Columbia. 

PRIV A.TE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following titles 

were presented and referred as indicated below: 

By Mr. FEATHERSTON: A bill (H. R. 11783) for therelief of M. 

B. Woodyard, Mrs. Alice N. Rush, Mrs. Sue T. Smox, and Joseph N. 

Woodyard, heirs of Col. Humphrey M. Woodyard-to the Committee 

on War Claims. 

By Mr. FITHIAN: A bill (H. R.11784) for the relief of Andrew J. 

Plough-to the Committee on Military Affairs. 

Also, a bill (H. R. 11785) for the reliefof Francis M. Price-to the 

Committee on Military Affairs. 

Also, a bill(H. R.11786) increasing the pension of Edward T. Wolfeto the Committee on Invalid Pensions. 

By Mr. GEST: A bill (H. R.11787) for the relief of Ira W. Centerto the Committee on War Claims. 

Also, a bill (H. R.11788) to increase the pension of Henry A. Routzonl?, of Aurora, Nebr.-to the Committee on Invalid Pensions. 

By 1\Ir. HANSBROUGH: A bill (H. R.11789) granting a pension to 

Frank C. Myrick-to the Committee on Invalid Pensions. 

By Mr. HOUK: A. bill (H. R. 11790) for the relief of Kate K. Pargons, of Mayo, Knox County, Tennessee-to the Committee on Invalid 

Pensions. 

By Mr. McCREARY: A. bill(H. R.11791)grantingapension toJames 

S. Uaratta-t-0 the Committee on Invalid Pensions. 

By Mr. REED, of Iowa: A. bill (H. R. 117l:t2) for the relief of Denis 

Kelly-to the Committee on Naval Affairs. 

Also, a bill (H. R. 11793) for the relief of Peter Smith-to the Committee on Military Affairs. 

Also, a bill (H. R. 11794) for the relief of David H. Thompson-to 

·the Committee olt Military Affairs. 

By Mr. STOCKDALE (by request): A bill (H. R. 11795) for the re- lief of the estate of Joseph Bontura-to the Committee on War Claims. 

By Mr. STO~E, of Kentucky: A bill (H. R. 11796) for the relief of 

Joseph Collins, of St. Landry Parish, Louisiana-to the Committee 

on War Claims. 

Also, a bill (H. R. 11797) for the relief of the estate of Ludger Lemelle, deceased, late of St. Landry Parish, Louisiana-to the Com· 

mittee on War Claims. 

Also, a bill (H. R. 11798) for the relief of the estate of Jacob Oates, 

deceased, late of Warren County, Mississippi-to the Committee on 

War Claims. 

Also, a bill (H. R. 11799) for the relief of Adelaide Oliviera, of 

Iberia Parish, Louisiana.-to the Committee on War Claims. 

Also, a bill (H. R. 11800) for the relief of Alfred A. Taylor, of St. 

Landry Parish, Louisiana-to the Committee on War Claims. 

By Mr. W A.LLACE, of New York: A bill (H. R. 11801) for the re- lief of Mary B. Cole, widow of Bvt. Maj. Gen. George W. Cole-to 

the Committee on Invalid Penslons. 

PETITIONS, ETC. 

Under clause 1 of Rule XXII, the following petitions and papers were laid on the Clerk's desk and referred as follows: 

By Mr. BLAND: Petition for reference of papers in the claim of 

Henry Hake-to the Committee on War Claims. 

Also, petition of P. S. Whittaker, for pay for horses-t.o the Committee on War Claims. 

By Mr. FEATHERSTON: Protest ofS. P. Willford, Pinkney, A.rk., 

against passage of the Conger lard bill (H. R. 283)-to the Committee on 

Agriculture. 

A.lso, resolutions of colored cotton farmers and planters, and Farmers' AlJiance and Industrial Union, Little Rock, Ark., against same 

measure-to the.Committee on A~riculture. 

A.lso, protest of S. Hornmell, of Portia, Ark., against same measure- to the Committee on Agriculture. 

Also, petition of the Chamber of Commerce of Fort Smith, Ark., 

against S.'lme measure-to the Committee on Agriculture. 

Also, petition of the ?iierchants' Exchange of Memphis, Tenn., against 

same me.a.sure-to the Committee on Agriculture. 

Also, petition of the Memphis Cotton Exchange, against same meuure-to the Committee on Agriculture. 
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1890. CONGRESSIONAL RECORD-SENATE. 8841 ~ 

Also, petition of SO citizens of St. Francis County, Arkansas, against same measure-to the Committee on Agriculture. · 

Also, petition of 129 citizens of Lee County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 147 farmers and citizens of Phillips County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, resolutions of colored planters and farmers, adopted March 24, 

1890, and the Farmers' Alliance and Industrial Union, of Arkansas, 

against same measure-to the Committee on Agriculture. 

Also, petition from 103 farmers of Lee County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 34 farmers of Phillips County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 57 colored farmers and laborers of Lee County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 70 colored farmers and farm laborers of Phillips 

County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 390 colored farmers and farm laborers of Phillips 

County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, pet.ition of 30 members of Phillips County Wheel, Phillips 

County, Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 16 members of the Agricultural Wheel of Phillips 

--County: Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of 55 members of Lee County Wheel, Lee County, 

Arkansas, against same measure-to the Committee on Agriculture. 

Also, protest from Hon. J.P. Jones, county judge of Desha County, 

Arkansas, against same measure-to the Committee on Agriculture. 

Also, petition of Jacob Trieber, of Helena, Ark., against passage of 

Honse bill 283, known as the Conger bill, and House bill 679, known as the Butterworth hill-to the Committee on Agriculture. 

By l\Ir. GEST: Petition and proof upon the bill for the relief of fra 

W. Center-to the Committee on War Claims. 

By Mr. JOSEPH: Petition and communication in reference to eight 

12-pound brass howitzers unearthed at Albuquerque, N. Mex., August 

12, 1889-to the Committee on Military Affairs. 

By Mr. MI:(..LS: Memorial of J. C. Allen & Co. and others, citizens 

of Corsicana, Navarro County, Texas, protesting against legislation by 

Congress compelling railroads to transport petroleum barrels free-to 

the Committee on Commerce. 

By Mr. MORSE: Memorial of E. 0. Fuller and others. ciLizens of 

Canton, Mass., protesting against legislation by Congress· compelling 

railroads to transport petroleum barrels free-to the Committee on Commerce. 

By Mr. O'NEIL, of Massachusetts: Memorial of D. P. Morrison and 

others, citizens of Massachusetts, protesting against legislation by Congress compelling railroads to transport petroleum barrels free-to the 

Committee on Commerce. 

By Mr. PAYSON (by request): Petition of S. C. Clarke and others, 

citizens of the District of Columbia, fora municipal government, etc.-

to the Committee on the District of Columbia. 

By Mr. THOMPSON: Petition, affidavits, etc., in case of William 

A. Miller-to the Committee on Invalid Pensions. 

SENATE. 

WEDNESDAY, August 20, 1890. 

The Senate met at 10 o'clock a. m. Prayer by the Chaplain, ·Rev. J. G. BUTLER, D. D. 

The Journal ofyeste.rday's proceedings wn.s read and approved. 

LEA VE OF ABSENCE. 

Mr. EDMUNDS. Mr. President, I ask leave of absence, beginning 

to-morrow, for six days, on account of health. 

The PRESIDENT pro tempore. The Senator from Vermont asks to 

be excused from attendance upon service in the Senate for six days 

from to-morrow, on account of his health. Unless objection is made, 

leave will be granted. 

PETITIONS AND l\IE.YORIALS. 

The PRESIDENT pro tempore presented a petition of citizens of Almena, Kans., praying for the prompt payment of pension claims to re- lieve the wants of the veterans on account of the total failure of crops 

in Western Kansas and Nebraska; which was referred to the Committee on Pensions. 

He also presented a petition of the Mart. Armstrong Post, No. 202, 

Grand Army of the Republic, of Lima, Ohio, praying for the appointment of S. S. YODER as one of the managers of the soldiers and sailors' 

homes of the United Sliates; which was ordered to lie on the table. 

He also presented resolutions of gratitude adopted by the Young 

People's Society ot Christian Endeavor of the First Congregational 

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Church of Washington, D. C., for the passage of the original-package 

bill; which were ordered to lie on the table. 

He also presented a petition of Vinland Farmers' Alliance, Vinland, 

Kans., praying for the removal of the restriction imposed by the Brit-

.ish Government on the importation there of cattle from the United 

States; which was ordered to Jie on the table. 

He also presented a memorial of the Society of Friends, Damascus, 

Ohio, protesting against use of the United States mails by lotteries, 

etc.; .which was reforred to the Committee on Post-Offices and Post. 

Roads. 

REPORTS OF COMMITTEES. 

Mr. BATE, from the Committee on Military Affairs, to whom was referred the bill (H. R. 3857) to provide tor the disposal of a portion of 

the United States military reservation at Baton Rouge, La., reported it 

without amendment, and submitted a report thereon. 

Mr. BLAIR, from the Committee on Pensions, to whom were re- ferred the following bills, reported them severally without amendment, 

and submitted reports thereon: 

A bill (S. 4313) granting au increase of pension to Step-hen D. Smith; 

and 

A bill (S. 4320) granting a pension to Mrs. Mary E. Dickey. 

Mr. SA. WYER, from the Committee on Pensions, to whom were re- ferred the following bills, reported them severally without amendment, 

and submitted reports thereon: 

A bill (H. R.10208) granting an increase of pension to Moses Graham; 

A bill (H. R. 8890) granting an increase of pension to Lewis Solomon1 

a private in Company A, First Indiana Infantry, Mexican war service; 

and 

A bill (H. R. 5712) granting a pension to J. G. Fetherstone. 

l\1r. MOODY, from the Committee on Pensions, to w horn was referred th~ bill (H. R. 7914) granting a pension to Jay Marvin, reported it 

without amendment, and submitted a report thereon. 

BILLS INTRODUCED. 

Mr. CAMERON introduced a bill (S. 4336) granting a pension to 

Mary A. Irving; which was read twice by its title, and, with the ac- companying papers, referred to the Committee on Pensions. 

l\Ir. VOORHEES. Ey request ofthe Wage-Workers' Political Alli- ance I introduce a bill and ask its reference to the Committee on 

Printing. 

The bill (S. 4337) to provide for the publication of a periodical 

whirh shall be known as "The Congressional Petition-Box," and for 

other purposes was read twice by its title, aqd referred to the Committee on Printing. . Mr. FAULKNER introduced a bill (S. 4338) to provide the assessor oft.he Di&trict of Columbia with plats of subdivisions outside the cities 

of Washington and Georgetown; which was readtwice by its title, and, 

with the accompanying papers, referred to the Committee on the District of Columbia. -

Mr. MOODY introduced a bill (S. 4339) for the relief of William 

Tarrant and Lyman L. Hatch, who allege loss of property by Indian 

depredations; which was read twice by its title, and, with the accompanying paper, referred to the Select Committee on Indian Depredations. 

MESSAGE FROM THE H01JSE. 

A message from the Honse of Representatives, by Mr. McPHERSON, 

its Clerk, announced that the House had passed the bill (S. 3714) to 

apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agricult- ure and the mechanic arts established under the provisions ot au act of 

Congress approved July 2, 1862, with an amendment in which it re- quested the concurrence of the Senate. 

BUSINESS OF THE SESSION. 

The PRESIDENT pro tempore. '.Ibe Chflir lays before the Senate the 

resolution offered by tho Senator from P~.tvania [Mr. QUAY], com- ing over from a previous day. It will be<ttitd. 

The Chief Clerk read the resolution submitted by Mr.QUAY on the 

18th instant, as follows: 

Resolved, That the following orders be adopted for the government of the Senate during the present term of Congress: 

Ordered, 1, That during the present session of Congress the Senate will not take up for consideration any legislative business other than the pending bill · (H. R. 9416}; conference reports; general appropriation billil; pension bills; bills relating to the public lands, to the United States courts, to the postal service, to agriculture and forestry, to public buildings; and Senate or concurr~nt reso- lutions. 

Ordered; 2, That the consideration of all bills other than such as are mentioned in the foregoing order is hereby postponed until the session of Congress to be held on the first Monday of December, 1890. 

Ordered, 3, That a vote shall be taken on the bill (H. R. 9416} now under con· sideration in the Senate and upon amen<iments then pending, without further debate, on t-be 30th day of August, 1890, the "Voting to commence at 2 o'clock p. m. on said day and to continue on that and subsequent days, to the exclusion of all other busines!', until the bill and pending amendments are finally disposed of, For the foregoing-stated purpose the following rules, namely, VII, VIII, IX, 

X, XII, XIX, X.,"'{.II, XXVII, XXVIII, XXXV, and XL, are modified. 

The PRESIDENT pro tempore. The question is on agreeing to the 

resolution. 

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