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factnrers, there has been the same or substantially the same protection 

for the American wool-~ower against the wool from abroad brought 

here in the form of goods already manufactured as there has been for 

the raw wool itself. Therefore it is not a sufficient answer, when the 

Senator undertakes to explain the reason why wool has fallen as he 

says it has, to say that it was effected by the importation of woolen 

goods. It is true that in the act of 1883 35 per cent. ad valorem was 

placed upon woolen goods as the protective duty. 

Mr. ALDRICH. Thirty-five cents a pound. 

Mr. CARLISLE. Thirty-five cent.a a pound as a specific duty. 

Mr. ALDRICH. A.s a compensa.'.ory duty. 

Mr. CARLISLE. As a compensatory and specific duty, and I maintain that that was more than compensatory, and when we come to the 

woolen schedule I think it will be shown unquestionably. 

But these goods imported are not all wool. As I said a moment ago, a large part, much the larger part, of our importations are woolen and 

worsted goods, with a cotton warp, and other goods composed partly of 

wool The Senator shakes his head, but if he will look at the statistics 

he will find that I am correct. I say that the all-wool goods do not 

rompose half of onr importations. 

1\lr. ALDRICH. Over half. 

Mr. CARLISLE. And it is only in all-wool goods that you claim 

• that 4 pounds of wool are necessary in the manufacture of a pound of 

cloth, and yet you get the specific.duty upon the cotton contained in 

the worsted goods as well as upon the wool. . 

Mr. ALDIUCH. Mr. President, the Senator is mistaken in the 

statement; but if it were true it is so much worse for the argument 

the Senator is making. If these people can import an article of cotton 

and pay 35 cents a pound and 40 per cent. ad valorem upon it and sell 

it in competition with American manufacture, that is so much the 

stronger evidence that this duty is not compensatory. 

Mr. CARLISLE. But the Senator, in response to a few remarks 

made by me a \Veek or so :i.go, when I referred to the importation of 

these woolen goods amounting to $50,000,000 annually and which 

were sold here for about $100,000,000, said that a large part of them 

did not compete at all with our manufactures. Now I understand 

the Senator t<> say substantially that they do compete. 

Mr. ALDRICH. Some of them. 

Mr. CARLISLE. The fact that they are imported shows that we have not sufficient duty upon the goods, he says. 

Mr. ALDRICH. The reason why they do not compete wit.h American manufactures is this: It is the case of tin-plate over again. Upon 

all the finer forms of woolen cloths and upon all the finer kinds of woolen 

dress goods-and the Senator from Kentucky is as well aware of that 

fact as I am-it is impo~sible to-day with the present rate of duty for 

the American manufacturer to compete. So I will agree that that portion of the importation does not come within the line of competition. 

But there is a considerable portion of the importations which does come 

within the line of competition, and they are not by any means goods 

that are of a low class, which the Senator bas referred to. They are all classes of goods up to the very finest. and it is only the very finest 

which come within the other description to which I have alluded, 

where the American manufacturer has never, owing to the want of the 

compensatory duty, making my argument still stronger it seems to me, 

been able to make them here at all, because the dutj' fixed by the act 

of 1883 was not compensatory. 

Now, I desire tor.all the Senator's attention to the fact that the i rnportation of woolen goods has increased every year from 1883 down 

to the present time, and that the lowest importation for any year subsequent to 1883 was greatly in excess of the average for the years subsequent to 1867, showing that the reduction of the compensatory duty 

from 50 cents a pound to 35 cents a pound in 1883 was a fatal mistake 

for the great manufacturing interests of this country. 

Mr. CARLISLE. Mr. PresidentMr. CAMERON. If the Senator from KenLucky will yield, I will move that the Senat.e adjourn. 

Mr. CARLISLE. In just a moment. The hour is late, and we have got off the tin-plate and on woolens. I think I shall not make 

any further response to the Senator from Rhode Island until we reach 

the woolen schedule, and then we can discuss the whole subject.. 

Mr. CAMERON. Mr. PresidentThe PRESIDENT pro tempore. Before a motion to adjourn is made, 

the Chair will lay before the Senate bills from the House of Representatives for reference. · 

HOUSE nu,LS REFERRED. 

The following bills were severally read twice by their titles and re- ferred to the Committee on Commerce: 

A bill (H. R. 8146) to authorize the construction of a tunnel under 

the Detroit River, at the city ot Detroit, Mich.; and 

A bill (H. R. 11241) to authorize the Chicago, Henderson, Bowling 

Green and Chattanooga Railway Company to construct a bridge over Green and Barren Rivers in the State of Kentucky. 

The bill (H. R. 8046J to revise the wa,ges of certain employes in the 

Government Printing Office was read twice by its title, and referred to 

the Committee on Priμting. 

The bill (H. R. 11569) to amend certain sections of the Revised Statutes relating to lotteries, and for other purposes "\'fas read twice by its 

title, and referred to the Committee on Post-Offices and Post-Roads. 

PORT OF LINCOLN, NEBR. 

Mr. PADDOCK. I ask the Chair to lay before the Senate the amend· 

ment of the House of Representatives to Senate bill 3127. 

The PRESIDENT pro tempore laid before the Senate the amendment 

of the House of Representatives to the bill (S. 3127) amending an act 

entitled ''A.n act to constitute Lincoln, Nebr., a port of delivery, and 

to extend the provisions of the !let of June 10, 1880, entitled 'An act 

to amend the statutes in relation to immediate transportation of dntia.-

ble goods, and for other purposes,' to said port of Lincoln,'' which was 

in line 13, before the word ''hundred," to strike out "twelve" and 

insert '' nine.'' 

Mr. P A.DDOCK. I move that the Senate concur in the amendment. 

It is a reduction ot the salary of the officer provided for in the bill. 

The amendment was concurred in. 

Mr. CAl\IERON. I move that the Senate adjourn. 

The motion was agreed to, and (at 6 o'clock p. m.) the Senate adjourned until to-morrow, Tuesday, August 19, 1890, at 10 o'clock a. m. 

HOUSE OF REPRESENTATIVES. 

MONDAY, August 18, 1890. 

The House met at 12 o'clock m. Prayer by Rev. J. Il. CUTHBERT, 

D.D. 

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

CUSTOMS DISTRICT, PC"GET SOUND. 

The SPEAKER. The pending question is on the adoption of the 

conference report presented on Saturday by the gentleman from Iowa 

[Mr. SWEXEY). 

Mr. SPRINGER. Mr. Speaker, the report has not been read thi!C 

morning. I think it bad better be read. 

The SPEAKER. It was read on Saturday and it is printed in the RECORD. 

Mr. BRECKINRIDGE, of Kentucky. Mr. Speaker, before the conference report is adopted I wish that the gentleman who has presented 

it would state what is the increase that this bill makes over the present 

annual expenditure in that collection district. · 

Mr. WILSON, of Washington .. If the gentleman from Iowa will 

permit me I will make a brief statement. 

Mi:. SWENEY. I yield to the gentleman from Wa.shi.ngton. 

Mr. WILSON, of Washington. The salary of the collector of Port 

Town end is $3,000 per annum, and has been for the la.st twenty-five 

years, and the Secretary of the Treasury recommended the increase to 

$4,000. That collector has no narnl officer and none of the other sub· 

ordinates that are found in the custom-houses on the Atlantic coast. 

The Secretary of the Treasury, as I say, recommended that the salary 

should be increased to $4,0UO, but the committee have cut it down to 

$3,500. It is also provided in the bill that there shall be two deputy 

collectors, one at Seattle, a place of 43,000 people, and the other at 

Tacoma, a place of 38,000, and these deputies are to receive a salary 

of $2, 000 each. 

Mr. BRECKINRIDGE, ofKentucky. Whatsalaryisnowbeingpaid 

there? 

Mr. WILSON, of Washington. They have no deputy collector now 

at eattle or Tacoma. They have inspectors who are paid trom $4 to 

$6 a day, but when these deputy collectors are appointed there will bo no longer need for the inspectors. 

Mr. BRECKINRIDGE, of Kentucky. I do not intend to oppose the 

passa'te of this bill~ but in the Forty-ninth and Fiftieth Congresses bills 

were introduced forthe purpose of reorganizing the customs-collection 

district.a all over the country, consolidating some of the districts and 

making a general readjustment of them all, and it struck me on Satu.rday afternoon, when the conference report was presented, that we had 

better be careful about creating new collection districts or increasing 

the expenditures in isolated districts, when really the whole matter 

needed to be carefully gone over, revised, and adjusted. 

Mr. WILSON, of Washington. This legislation is recommended by 

the Secretary of the Treasury and it is really necessary. The tonnage 

passing into Puget Sound in that way is now the third lar~est in the 

United States. The increase of commerce there and the development 

of commerce upon the Paci.fie Ocean and upon Puget Sound have made 

this change absolutely necessary. The Chinese tea trade is coming in 

there, and there is a great general development of commerce in that 

region. The Secretary of the Treasury, as I have said, has recommended this increase, only in a larger degree. Salaries in our region are always higher than they are east of the Rocky Mountains, because 

wages are higher and it takes more to secure the services of competent men. 

l\ir. BRECKINRIDGE, of Kentucky. Has there been any difficulty 

in finding a gentleman willing to sacrifice himsell' for the be11efit of the 

public sel'Vice at the old salary of $3,000? 

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1890. CONGRESSIONAL RECORD-HOUSE. 8757 

M.r. WILSON, of Washington. Well, I suppose I must make the 

same answer to that question that has been made by other gentlemen, 

and say no. I have not bad any difficulty of that kind. But the 

laborer is worthy of his hire. 

Mr. SWENEY. I will state that the salary fixed by the bill as it 

passed the House was $3,000, but the Senate put the figure at $41 000, 

and the conference repprt puts it at $3,500: 

The conference report was adopted. 

BRIDGE .ACROSS THE COLUMBIA. 

Mr. MORRILL. I ask unanimous consent to take up and put upon 

its passage the bill (H. R.10365) to authorize the construction of a bridge across the Columbia River by the Oregon Railway Extensions 

Company. 

The bill was read, as follows: 

Be it en.acted, etc., That the Oregon Railway Extensions Company, a corpora- tion existing under t.he laws of the State of Oregon, its successors and assigns, be and is hereby, authorized to construct and maintain, if in t.be opinion of th~ Secretary of Wai· the same be a public necessity, a bridge across the Colum- bia River at a. place suitable to commerce and nut interfering with navigation, at a point at or near Vancouver, in the State of 'Vashington, ai:id to lay on ?r oTer said bl'idge a. track or tracks for the more perfect connection of any rail- road or railroads that are or shall be con<>tructed to said river, on either or both sides thereof, at or opposite said point, under the limitat.ions and conditions hereinafter provided i that said bridge shall not interfere with the free naviga- tion of said river, ana in case of any litigation arising from any obstruction or alleged obstruction to the free navigation of said river, by reason of the c •n- struction of said bridge, the cause may be tried before the circuit court of the United States in and for any district in whose jurisdiction any portion of smd obst• uction or bridge may be. Said bridge shall be constructed to provide for the pa.saage of railroad trains and, at t.he option of the s~id company or corpora- tion, its successors and assigns, for the safe and convement passage of wagons and vehicles of all kinds, animals and foot-passengers, for such reasonable rates of toil as may be fixed from time to time by the Secretary of War. SEC. 2. That said bridge shall be provided with two or more draw-openings, each having not less that 200 feet clear channel-way, and in addition to said draw-openings one or more fixed channel·spans, each having not less than 350 feet clear channel-way; and every part of the superstructure of said bridge shall give a. clear head room of not less than 10 feet above extreme known high- water mark: Pr011ided, That all spans shall be so located as to afford the great- est possible accommodation to the river traffic._ and a draw-op~ning sbal.1, if practicable be located next or near shore : Provided, a/110, That, if the physical characteristics of the locality so require and the interests of navigation be not injured thereby, the lengths of the fixed spans or the number of draw-openings may be reduf'ed · Provided, also, That., for any two adjacent draw-openings of 200 

feet each one draw-opening of 300 feet may be substituted if, in the opinion of the Secre'tary of War, the interests of navigation be not injured thereby. SEC. 3. That all draw-spans authorized by this act shall be operated by steam or other reliable mechanical power, and shall be opened promptly upon reason- able signal for the passage of boats, except when trains are passing over said span or spans; but in no case shall unnecessary delay occur in opening s a id draw after the passage of trains: and also that in case the opening ofa draw is delayed by reason of the passing of a train after the signal has been given from a boat ready to pass through the dra w shall be opened for the passage of such boat before another train is allowed to pass over the said span or spans; nor shall there be any unnecessary delay in the passage of trains over the bridge. SEC. 4. That all piers shall be built parallel with the current oft_he river at that stage of water which is most important for navigation, and the bridge it· self shall be built as nearly as may be at right angles thereto: and that riprnp· 

pin.,. or other protection for imperfect foundations which will lessen the required wa~r way shall not be permitted·; and also that piers which will produce cross- currents or bars dangerous to navigation shall not be constructed ; and if, after construction, any piers or accessory w01·ks are found to produce the above-men- tioned effects, or if any riprapping or other protection prohibited by this section is found to exist, the nuisance shall be abated or corrected under the direction of the Secretary of,Var, or at the expense of the company or persons owning, 

controlling, or operating said bridge. SEC. 5. That the approaches to said bridge shall be so designed and con- structed as not to interfere with the free discharge of said river in seasons of flood· and any encroachment on the high-water cross-eection by piers, solid emba~kments. or otherwise which will result in unduly accelerating the high- water current at the site of the bridge shall not be allowed. SEC. 6. That any corporation, company, or persons owning, controlling, or operating the bridge built under the authority o! this act shall build. and D?-ain- tain at all times, as accessory works to such bridge, such booms, piers, dikes, 

guard fences and similar devices as may be necessary to insure at all times a permanent'channel for a sufficient distance above and below the bridge site, and for the guiding of rafts, steam-boa.ts, and other water craft safely under or through said bridge; a.n<J, if at any time after the con~truction of the bridge and its accessory works the approaches to draw·openmgs. channel-spans, or raft-passages in said brid.ge are found to be dangerous or difficult of access by any important class of river tt·affic, the Secretary of War may, upon the rec- ommendation of the Chief of Engineers, United States Army, order the cor- poration, company, or persons owning, controlling, or operating said bridge to construct under his directions, and to maintain such additional sheer-booms, dikes and dther devices as will obviate the difficulty mentioned, which addi- tionai sheer-booms, dikes, and other devices shall be built and maintained at their own expense by said company or pe1 sons; and that said company or per- sons shall maintain, at their own expense, from sunset to sunrise throughout the season of navigation, such lights and other signals on said bridge as may be required by the Light-House Board for the security of navigation. 

SEC, 7. Tbat the bridge a uthorized to be constructed by this act shall be lo- cated and built under and subject to such regulations for the security of navi- gation on said river ns the Secretary of 'Var shall prescribe: and to secure that object said coroora.tion shall submit for his examination a design and drawings of the bridge, p iers, approaches, and accessory works, and a map of the loca· tion. giving, for a space of at least 3 m iles a bove and 1 mile below the proposed 

location, the topography of the banks of tbe r iver and the shore-lines at high and low water. Tb is map sh.all be accompanied by others drawn on tqe scale of 1 inch to 200 feet, giving, for a space of one-half a mile above the line of the proposed bridge and one-quarter of a mile below, an accurate representation of the bottom of the river, by contour-lines 2 feet apart, determined by accurate soundings, and also showing over the whole width of this part of the river the force and directions of the currents at Jow water, at high water, and at !emit one inl,ermediate stage by triangulated observations on suitable floats. The maps shall also show the location of other bridges in the vicinity and shall give such information as the Secretary of \Var may require for a fuli and satis- factory understanding of the subject, and the construction of the proposed bridge shall not be commenced until the location and plans thereof are ap- proved by the Secretary of War. 

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SEO. 8. That any bridge constructed under the authority of this act shall b~ 

built under the general supervision of the Secretary of War, and no changes of alterations in plans ~hall be ma.de during the construction of said bridge or after its completion, unless said changes or alterations conform to the provisions of this act and a.reauthorized by the Secretary of War. Tha.tsuchalterations and changes as maybe required by the Secretary of War in said bridge so as to pre- serve free and convenient navigation shall be made under the direction of the Secretary of War, at their own expense, by the company or persons owning, 

controlling, or operating said bridge. That during original construction or in carryingoutanyauthorized changes or repairs of said bridge a navigable chan- nel shall be preserved at the site of the bridge at all times, and the water way of the river shall not be obstructed to a greater extent than is ti.bsolutely neces· snry, and such lights and buoys shall be kept on all coffer-dams, piles, etc., as may be necessary for the security of navigation. SEO. 9. That whenever the Secretary of War has good reason to believe that any of the provisiorut of sections 4, 6, and 8 of this act have not been complied with by the company or persons owning, controlling, or operating the bridge authorized under its provisions it shall be the duty of the Secretary of War, on satisfactory proof thereof, to require the said company or persons to comply with the provisions of said sections, and, on failure of said persons or company to comp1y with said requirements within a reasonable time, the Secretary of War shall proceed to ca.use the necessary work, in the form of additions, altera- tions, repairs, or remo•al of obstructions, to be made at the expense of the United States and shall refer the matter, without delay, to the Attorney-Gen- eral of the United States, whose duty it shall be to institute, in the name of the United States, proceedings int.he circuit court of the United States in and for the district in which any portion of said obstruction or bridge may be, for the recovery of such expense, and all moneys accruing from such proceedings shaIJ be covered into the Treasury of the United States. SEC. 10. That all railroad companies desiring the use of the bridge autRorized by this act shall have and be entitled to equal rights and privileges relative to the passage of railway trains or cars over tbe 1:1ame, and over the approaches 

thereto, upon the payment of a reasonable compensation for such use; and in case the owner or owners of said bridge and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon rules· and conditions to which each shall conform in using said bridge, all matters at issue between them shall be decided by t.he Secretary of War upon a hearing of the allegations and proofs of the parties, and equal 

privileges in the use of said bridge shall be granted to all telegraph and tele· phone companies. SEC. 11. That the bridge constructed, maintained, and operated under this a.ct and according to its limitations shall be a lawful structure, and shall be recog- nized and known as a post-route, upon which also no higher charge shall be made for the transportation over the same of t.he mails, the troops, and the munitions of war of the United State8 than the rate per mile pa.id for the trans- portation of said mails. troops, and munitions over the railroads and public 

highways leading to said hridgP.; and the United States shall have the right of way forposta '-telegraph and telephone purposes over said bridge. SEc.12. That this act shall be null and void i! actual construction of the bridge herein authorized be not commenced within two years and completed within four years from the date of approval thereof. SEC. 13. Ti}at all former acts or part.s of acts granting authority for the erec- tion of any bridge or brid!ireS over the portion of said Columbia River over which tlte construction of a bridge is authorized by this act be, and the same are hereby, repealed in ea{lh and every case where actual construction of said bridge or bridges be not commenced on or before the date of the approval of this act. SEC. 14. That the right to alter, amend, or repeal this act Is hereby expressly 

reserved; and the right to require the entire removal of the bridge constructed under the provisions of this act, at the expense of the owners thereof, when· ever Congress shall decide that the public interests require it, is also expressly reserved. 

The SPEAKER. Is there objection to the request of the gentleman 

from Kansru:i [Mr. MORRILL] that this bill be now considered? 

There was no objection. 

Ur. MORRILL. I ask unanimous consent that the bill for the same purpose which bas passed the Senate, and which is precisely the same as the House bill, be substituted for the House bill. 

There was no objection. 

The Sen~te bill (S. 3795) was ordered to a third reading; and it was ac ordingly read the third time, and pa&ed. . 

Mr. MORRILL moved Ui reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

The House bill (H. R. 10365) was laid on the table. 

NATHANIEL M1KAY ET AL. 

Mr. THOMAS. Mr. Speaker, I rise to a parliamentary inquiry. 

The SPEAKER. The gentleman will state it. 

Mr. THOMAS. During the reading of the J ournalI noticed that it 

stated that on Saturday last, during the pendency of the bill in relation to the suppression of lotteries, the gentleman from Iowa [Mr. 

HAYES] moved to reconsider the vote by which Senate bill 8~8 for.the 

relief of Nathaniel McKay and the executors of Daniel McKay was passed, and that that motion was passed over. At the same time I 

moved to lay the motion to reconsider on the table, but I did not ob- serve that the Speaker recognized either motion. I wish now to inquire 

whether the motion of the gentleman from Iowa was made or not. 

The SPEAKER. The motion was made. 

Mr. THOMAS. And was my motion to lay on the table recognized? 

The SPEAKER. The Chair does not think that the motion of the 

gentleman from Wisconsin [Mr. Tao:u:.As] to lay the motion to reconsider on the table could properly have been recognized at that time, 

because the motion to reconsider is a privileged motion. Whenever 

it is taken up for action of the House then a motion to lay it on the 

table will be in order, but that motion will have to be made again. 

Mr. '.rHOMAS. The motion to Iav the motion to reconsider on the 

table would have to be made again?. 

The SPEAKER. It would have to be made a.gain. 

Mr. THOMAS. Well, Mr. Speaker, I now make that motion, and 

ask for its immediate consideration. I ask that as a matter of right. 

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8758 CONGRESSIONAL RECORD-· HOUSE. . ·AUGUST lS; 

The SPEAKER. The gentleman from Iowa [M.r. HAYES] is not 

present. Mr. THOMAS. He was present a moment ago. 

Mr. SPRINGER. As there will have to be a yea-and-nay vote on this question, I suggest that the gentleman defer the matte-r for the 

present. It can be called up at any time, being a privileged matter. 

The SPEAKER. After to-day any member can call it up. 

Mr. THOMAS. Well, I-withdraw my proposition. . · LEA.VE OF A.BSE...~CE FOR CUSTOMS .EMPLOYEs. 

Mr. CUMMINGS. I ask unanimous consent for the present consideration of the bill which I send to the desk. 

The Clerk read as follows: 

A bill (S. 276) pToviding for leave of absence for officers and employes in the customs service of the Government who receive per diem compensation. 

Be it enacted by the Senate and Home of Representatives of the Umted Stales of 

America in Congress a&stmbUd, That u.11 officers and employes of the customs service of the Government who receive a per diem compensation shall be en- titled to re.ceive the same leave of absence as is provided for clerks and employ es in the several Executive Departments at Washington, D. 0., by chapter 128, 

section 4., of the United States Statutes at Large, volume 22, pages 563 and 564, 

approved l\larch 3, A.. D. 1883. SE<.:. 2. That the Secretary· of the Treasury shall make all rules and regulations neceSSl\ry to carry the provisions of this act into effect. 

The SPEAKER. Is there objection to the present consideration of 

this bill. 

There being no objection, the House proceeded to the consideration 

of the bill, which was ordered to a third reading. 

Mr. KERR, of Iowa. I have heretofore objected to the consideration 

of this bill; butlhave been informed bythosewho claim to know that 

the passage of the bill will involve no additional expense. 

A 1\IEMBER. That is true. 

l\Ir. KERR, of Iowa. While I have my doubts upon that question, 

I do not feel warranted in making an objection which will prevent the 

consideration of the bill. 

Mr. QUWN. It entails no additional expense. 

The bill was passed. 

Mr. CUMMINGS moved to reconsider the vote by which the bill 

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

table. 

The latter motion was agreed to. 

ELECTIOY COYTEST-OHALMERS VS. 1\IORGA.N. 

Mr. DALZELL. I rise t.o a. privileged questjon. - The SPEAKER. The gentleman will state for what purpose he 

rises. 

Mr. DALZELL. For the purpose of calling up the contested-election case of Chalmers v.'I. Morgan. [Cries of "Oh, no!"] I wish to 

say that in this case the report of the committee is in favor of the sitting member; and the case, as I understand, will involve no discussion 

beyond what we may have from the contestant who desires to be heard; 

and I ask unanimous consent that he be allowed to address the House 

for an hour and a half. 

Mr. McCOMAS. Can not the gentleman withhold this matter until 

lflter in the day, after the committees have been called for motions to 

suspend the rules? 

The SPEAKER. Is there objection? The Chair hears none. The 

Clerk will read the resolutions reported by the majority of the Committee on Elections. 

The Clerk read as follows: 

Resolved, That James R. Chalmer3 was not elected a Representative in the 

Fifty-first Congress from the Second Congressional district of Mi11sissipp i. and 

is not entitled to a seat I.herein. 

Resolved, That James B. Morgan was elected a Representative in the Fiftyfirst. Congress from the Second Congressional district of Mississippi, and is en· "litled to retain his seat therein. 

Mr. HOUK. I ask that the resolutions of the minority of the com- mittee, on which the vote will first come, be read. 

The SPEAKER. The first question will be on substituting for the 

resolutions of the committee the resolutions which the Clerk will now 

read. 

The Clerk read as follows: 

Resoked, That James B. Morgan was not elected a. Representative in the Fiftyfirst Congress from the Second Congressional district of Mississippi, a.nd is not entitled to a eat therein. Resntud, That James R. Chalme1·s was elected a. Representative in the Fifty- fust Congress from the Second Congressional district of l\lississippi, and is en- titled lo a seat therein. 

Mr. CRISP. As I understood the proposition of the gentleman from 

Pennsylvania, the only consent to which there has been any agreement 

is that the contestant shall have an hour and a.half; there is no agreement that there shall not be any reply. 

Mr. DALZELL. Oh, not at all. I merely expressed the opinion 

that the C<'lse would not lead to discussion. 

Mr. CRISP. I concur with the gentleman in that opinion, but I 

did not want anv mistake about this matter. Mr. McCOMAs. If I understand the matter correctly, the unani- mous consent means an hour and a half for the consideration of this 

case. Is that right? 

Mr. DA.LZELL. Oh, no; I asked an hour and a half for the con- testant. 

Mr. HOUK. The understanding has been all a.long that to avoid ~ 

prolonged discussion the contestant should have an hour and a half 

and that should end the debate. If that is not the understanding, 

others besides the majority of the committee may perhaps desire to 

take part. 

Mr. CANNON. I understood clearly that tile limitation for debate 

to an hour and a half was involved in the request for unanimous consent . 

Mr. CRISP. Oh, no; as the gentleman from Pennsylvania. [Mr . DALZELL] bas stated, this is a report of the Committee on Elections 

assented to by every member of the committee except one, who files a report in favor of the contestant. It is not now thought by the ma- jority of the committee that they will desire to use any time, but they 

want the contestant to have such time as he desires. The House has 

greed t<> give him an hour and a half, but certainly the majority of 

the committee should not be expected, in advance of what the contestant may say, to announce to the Honse that we shall not want any time. 

We may now think we shall not, but pos~ibly we may. 

Mr. HOUK. It has been the understanding between the gentleman 

representing the majority and myself that the case should be called 

up, that Mr. Chalmers should have an hour and a half, and that the vote 

should then be taken. If farther debate is to go on, others will want 

to participate besides the majority. 

The SPEAKER. The Chair so understood the gentleman from Pennsylvania. 

Mr. CRISP. There is no limitation, Mr. Speaker, upon the right of 

anybody to get the floor under the rules of the House. 

The SP EA.KER. None exc.ept by the consent of the Honse. 

Mr. CRISP. That is 1Vhat I want to prevent-any agreement or understanding that will confine the debate to the contestant alone. 

As I understand. the matter will be subject to the rules of the House. 

Mr. CANNON. When unanimous consent wa.s asked and no question of consideration raised, and an hour and a half granted to the 

contestant. I underst.ood that was to end the matter. If this case is ii{) 

be called up and not disposed of t.o-day there are some of us, I apprehend, who would raise the question of consideration on it. 

Mr. CRISP. My friend will bear in mind that the 1?;entleman from 

Pennsylvania did not have to ask unanimous consent to call this case up or to allow himself or any other member to address the House; but 

inasmuch as the contestant is not a member and it was desired that he 

should . have an opportunity t.o speak, therefore, and therefore only, 

the gentleman from Pennsylvania asked unanimous consent. 

Mr. CANNON. But it was quite in order when the case was called 

up for any member here to raise the question of consideration in favor 

of suspension day? 

Mr. CRISP. Of course. Mr. CANNON. And that was not done because all those around me at least understood that there would be but an hour and a half taken 

up with the case. . Mr. CRISP. I do not know that it will take any more, but simply 

do not want to enter into any agreement which by unanimous consent 

would place this ffide of the House in the attitude of not being permitted to make response, if a response shall be necessary to anything which 

may be said by the contestant. I do not know that there will be any 

desire to speak: at all, but I want it understood t}Jat the right is not 

surrendered by any gentlemarn on this side. 

Mr. McCOMAS.. How much time does the gentleman think should 

be reserved on that side? 

Mr. CRISP. We can not tell. 

Mr. DALZELL. There is no disposition on this side of the House 

to discuss the question at all, and I suppose that the contestant would 

present his side oftbe case and the majority side would be satisfied to 

rest on their report. That has been our understanding all along, though 

of course there has been no agreement. · 

Mr. CRISP. I will state again, I suppose that will be the course· but merely want to be understood as not yielding consent thatthissid~ of the House shall be cut off from opportunity to reply if necessary. 

Mr. DALZELL. Well, how much time does the gentleman think 

would be necessary, a halt hour? 

1\1r. CRISP. I do not see any necessity to make any agreement a.s to time. We shall not occupy the floor at all if not necessary. I do 

not think there will be any trouble about an arrangement satisfactory 

to all parties. 

Mr. DALZELL. I think not. 

Mr. HOUK. Well, let us understand this matter. If I have to 

speak in the case I want to know it now; and I yielded my right to 

speak with the understanding that the contestant would have an hoer 

and a hall: If that arrangement is not to prevail I want to be excusec! 

from participating in any other. 

Mr. DALZELL. M.y friend from Tennessee and the contestant are both on the same side. 

Mr. MCCLAMMY. I ask unanimous consent that Mr. HOUK be ex- cu. ed from speaking. [Laughter.] 

M:r. BUCHA.N A.N, of New Jersey. Has any agreement been reached 

as to time? 

The SPEA.KER. None. 

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1890. CONGRESSIONAL RECORD-HOUSE. 8759 

Mr. CANNON. The gentleman from Pennsylvania. says that he will 

ask the previous question and bring this to a vote to-day. 

Mr. BUCHA.NAN, of New Jersey. But that deprives us of suspension day. 

Mr. McOOMAS .. Only for a part of the day. 

Mr. BUCHANAN, of New Jersey. I protest against· taking suspension day in this way. It has got to be stopped. 

The SP EAKER. The contestant is now recognized for one hour and 

a half. 

Mr. CHALMERS._ Mr. Speaker, before beginning my argument, I 

ask this Honse to listen carefully to a few extract.a from the majority 

report in this case. It admits that the Second Congressional district 

of Mississippi was largely Republican before the "shotgun policy" 

began. And, after a graphic description of the outrages committed in 

the last election, it says: 

Nor is evidence wanting that this is a. favorite method. of long stanclin-2: of 

"shutting down upon" the Republican voters of this district, which, up until 

1876 and prior to the inauguration of the "shotgun policy," was a. Republican district by a large majority. 

And just here let me say that the same proof which shows this to 

have been a Republican district shows that in the two eastern counties, 

which have large white majorities and where the election is conceded 

to have been fair, I received the largest vote.ever cast for any Republican 

candidate for a State or national office; larger than the vote for Grant for 

President or Ames for governor before the ''shotgun policy'' began. 

And this thoroughly exposes the fafae pretense set up by the eontestee 

that his pretended majority was due to my unpopularity with the Republican party. The record shows that I ran ahead of my ticket in the 

whole district, and he ran behind his. · 

The majority report further says: 

With r~spect to the other seven counties there is a. number of boxes as to whlch no testimony was ta.ken; but it may be safely affirmed that in not one of these counties, taken ns a whole, Wl\S the election a.n honest one. Fraud in 

various forms, including intimidation of voters, corrupt manipulation of regis- tration, stuffing and stealing of ballot-boxes, and illegal voting, finds ample illust.ration in all of them. 

Again, it says: 

But it is proven that the election in question was characterized by fraud, ~ 

graceful to our civilization, and such a.s to call for severe animadversion on the 

part of every honest man. 

Again, it says: 

Sufficient has been shown to make certain that the elec~on methods of the 

Second Congressional district of Mississippi include such a.s if continued must prove destructive of popular government. 

Then follows this paradoxical conclusion: 

The conceded fairness of the election in Tippah and Union Counties and the 

legal presumption in favor of the una.ssailed boxes must save to the siUing mem- ber his seat nolwi.thstanding the fact that glaring and reprehensible frauds were committed in connection with his election. 

How there can be any legal presumption in favor of any box in any 

of these seven western counties, where the majority report says the 

election methods were "such as if continued must prove destructive 

of popular government,'' surpasses my comprehension. And astonishment becomes greater when we follow this report a little further. After 

speaking of the removal of the ballot-boxes from the presence of the 

United States supervisors it says: "Every presumption arises against 

those guilty of such open and express violations of a statute passed in 

the interest of pure elections.'' How is it possible, then, that there can 

be any legal presumption in favor of any box in any of these contested 

counties? 

The import of verity given to the acts of officers is a presumption of 

law arising from the belief that all officer.a do their duty, and in a community where men respect and obey the law this is correct presumption. But in a community where those who bold the election believe 

that it is necessary, to preserve white civilization, to suppress the negro 

vote, or a majority composed of negroes and a few whites, and where 

at every box examined it is found that the election officers have fraudulently accomplished this purpose, the presumption of common law and 

common sense is that men who believe the same thing, who are in the 

same organization, who are selected for the same purpose, and placed 

in the same circumstances will do the same thing. Hence, fraud being found at every box examined and further investigation being prevented by the acts of the friends of the contestee, the import of verity 

is taken away from the act.s of the officers who made the returns from 

the unexamined boxes and those who erased the names of the voters 

from the poll-books. 

.As to the character of this district the majority report says: 

If we may judge from the evidence, this state of things is to be accounted 

for by the existence in that district of a. different standard of morals from that 

which is generally accepted as the correct one by communities recognized as moral. 

Again, the majority report says: 

The election in question was held on the 6th day ofNovember,1888. The con- testant was the Republican nominee for Congress, and the contestee the Demo- cratic. The latter was returned as elected by a. plurality of 8,161 votes, a plu- rality at least four times as much a..'l his legal plurality. 

This, when reduced to figures, means this-that 6,121 of that re- turned plurality was obtained by "glaring and reprehensible fraud" 

and that what is called his legal plurality is only 2,040 votes. 

.... 

A.s stated by-the majority report, the contest was made in the seyen 

westem counties alone. In these counties the returned plurality is 

6,465, and of this, as found by the majority report, 6,121 represent 

"fraud in various forms, including intimidation of voters, corrupt ma--

nipnlation of registration, stuffing and stealing of ballot-boxes, and 

illegal voting," and the other 344, all that is left of the 6, 465 stolen 

votes, represent "the legal presumption in favor of the unassailed 

boxes,'' which gave the contestant 2,266 plurality, by which the majority "saved to the sitting member his seat." Six thousand one hundred and twenty-one are conceded to be fraud and 344 are presumed to 

be honest. 

These seven Republican counties, which have an honest Republican 

majority of over 3,000, are counted by fraud into 6,465 Democratic 

majority, making a change of over 9,465, and yet a Republican Congress is asked to "save a seat to the sitting member by the legal presumption in favor of the unexamined boxes" in the seven counties, 

where, the majority report says: 

It may be safely affirmed that in not one of these counties, taken as a whole wa.s the election an honest one. 

The practical effect, therefore, of the majority report is to allow two 

little Democratic counties, where the elections are fair, because they 

have large whi.te majorities, casting only 3,500 votes, to control seven 

Republican counties, casting 16,295 votes, where the most outrageous 

frauds are practiced. To sustain this report is to sustain the Missis 

sippi plan in all its nakedness, and if a kepublican Congress indorses 

it you must all stop denouncing the Democrats of Mississippi. 

If you do this, you may rest assured that they will grant you for 

giveness. It is true that the majority report uses some ugly words 

about them, but in view of the fact that in each of the contested cases 

from Mississippi the majority of the committee have decided against 

the cont@tant.s, the Mississippi Democrats will readily consider the Ian 

guage of the report as mere political buncombe for political effect. The 

only difficulty then in the way of a "love feaat" will be my distin 

guished friend, Judge Houx, of Tennessee. He has unfortunately de 

cided that there was a conspiracy in M.ississippi, and in his great speech 

on the Lodge bill has filed an appendix which may deceive some read 

ers into the belief that there is a conspiracy in Mississippi. 

Table showing counties in Mississippi having white and colored majorities, 

respectively. 

WHITE. 

By ~tr'i6~nsus Returns of 1.888. _ 

Counties. 

White Colored Cleve- Harri- voters. voters. land. son. 

Alcoi-n. ........................... ~··. ;... . . ..... .• . .. . .... . . •. ...... 2, 156 819 1, 094 4.47 Calhoun ............................................................ 2,335 054 1,163 108 

Hancock............................................................ 1, 135 468 72"5 313 

Harrison ......................................... ".................. 1,382 410 &50 478 

Jackson............................................................. l, 673 620 833 616 .Jasper................................................................ 1, 369 964 1, 045 6ll 

Newton.............................................................. 1,864 &11 1,875 135 Pontotoc............................................................ 2, 070 770 'M11 509 Prentiss .••.• ._ .............. -.................................... 2, 026 4Z1 1, 231 281 

Simpson............................................................ 1,006 628 750 193 

Tippah............................................................... 2,004 525 1,301 483 

Tishomingo....................................................... 1,564 184 810 144 Union................................................................. 2,102 539 1,409 397 

Wayne.............................................................. 995 657 960 499 

Total ......................................................... 23,6s1f"8,436,~0i31 5,214 • 

COLORED. 

Claiborne ..•. '"'"""'""""'···· .. ·-·········..................... 986 2, 566 599 De Soto.............................................................. 1, 906 3, 100 2, 083 

Grenada............................................................. 889 1, 861 708 

Hinds................................................................. 2, 568 it, 946 2, 201 

Holmes......................................... .... . ............... 1, 641 4, 029 I, 664 

Jefferson........................ .................................... 954 2,419 683 

Lowndes .. .. ...................................................... l, 430 5, 006 l, 122 

Madison............................................................ 1, 469 3, 908 2, 032 

l\.Iarsba.IL ..................................................... ·-··· 2, 750 3, 469 2, 264 

Jlilonroe.-...................................... ..................... 2, 457 3, 557 2, 962 

Noxubee ............................ ,.... ........................... 1,360 4,819 846 

Oktibbeha......................................................... 1, 145 2, 197 1, 342 

Pa.no la......... ........ ... ........ ... ..... .. ......... ...... ... ...... 2, 324 3, 739 l, 650 

Tallahatchee ..................................................... 1, 002 l, 387 1, 021 

Warren........... ................................................... 2, 2l7 5, 238 2, 364 

Washington...................................................... 1, 726 5, 004 1, ~ 

Wilkinson........................................................... 855 2,5({7 =<> 

Yazoo............................................................... 2,238 5,863 1,196 . -------- Total ...... ...... ................................ ....... .... 29,' 9271 ~. 775 Z7, 082 1 

H 

960 

253 

956 

717 

363 

17 

344 

1,~ 

0 399 

1,121 28 

958 

322 

[fl 

7 

8,329 

It is a comparison of fourteen counties in Mississippi having white 

majorities and fourteen having large colored majorities. In the four 

teen white counties there were, according to the State census of 1880, 

8,436 colored voters, and there were 5,214 Republican votes cast and 

counted at the election in 1888. In the fourteen colored counties there- were 66 775 colored voters and here only 8,329 Republican votes were 

·-' 

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, . -r.: : ·· ........ . ' .. . . 

8760 CONGRESSIONAL REOORD-HOUSE. AUGUST 18, 

eounted. In the white counties the Democrats received 62 per cent. 

of the white votes and the Republicans received 62 per cent. of the 

colored. votes, and this gives the_lie to the false pret.ense that the negroes did .not want to vote. 

In the colored counties there were returned for the Democrats 90 per 

cent. of the white votes and for the Republicans only 12 per cent. of 

the coJored votes. That this strange inequality in the de_sire of both 

whites and blacks to go to the polls should have appeared rn the same election with only the invisible lines of a. county to divide the voters, 

stamps falsehood on the pretended returns and shows that the :Mississippi plan is to cheat in the election only where it is necessary to suppress the negro majority. 

Again, the majority report says: 

In the remaining seven countieCthere are ninety-seven polling places. TJ;ie 

validity of the election is a.~a.iled at fifty-five of these, but not 11uccessfully, m the opinion of your committee, as to exceed twenty-two or twenty-three. 

The brief filed by me and the proof in the record show that every 

box in the seven western counties was assailed by me, but that proof as to the vote was only taken at thirty-eight boxes. These boxes are 

all named in the minority report and the testimony assailing each is 

there given, which shows that in the opinion of the minority at least 

they were successfully assailed. If the majority report had been as explicit there would have been no room for doubt on this subject. 

It is greatly to be regretted that the majority report did not give at 

least the names of the boxes which they considered successfully assailed and th?se which they did not, so that t~is House ~u~d have 

decided intelligently about the boxes, upon which the maJonty and 

minority report did not agree. The failure to do this leaves me at 

great disadvantage in attempting to argue my case before the House 

and comi>els me to 'confine myself almost entirely to the question of 

law presented by the majority as to the legal presumption in favor of 

th3 unexamined boxes. 

The minority report gives the names of nine boxes in Benton County, 

1our in De Soto, six in Marshall, six in Panola, eight in Tate, and 

eleven fu La Fayette, mal"'ing forty-four. These forty-four boxes, which 

gave me 269 plurality over Colonel Manning, are returned 2, 266 plurality for Morgan, and if they be rejected it leaves me a plurality of 

226. If to this be added 380 rejected votes outside ot La Fayette County 

who are rejected because their names were erased from the poll-books, 

it gives me a plurality of 606. 

The minority report gives me aμmch iarger plurality, but I propose now to discuss this case upon the legal question presented by the maiority report, that the unexamined boxes shall be counted on the legal 

presumption in favor of the ae~ of public officers. If there was a general plan or conspiracy in Mississippi to carry the election by fraud 

and it it was found that this conspiracy was carried out at every box 

examine<l, no one will deny that this would vitiate all the returns, so 

that no vote could be counted except where otherwise proved. This was so held by a Democratic Congress in the case of Craig against Shelley. 

And this view of the law is fully sustained by the supreme court of 

Mississippi in the case of Word vs. Sykes. 

The reporter in the statement of that case says: 

The petition further alleges that by conspiracy between Sykes and the Demo- cratic executive committee the State board of commissioners were induced to appoint three Democrats, friends and partisans of Sykes, election commission- ars for !'lfonroe County, who appointed Democrats, friends and partisans of 

Sykes, election officers at each of the voting precincts of the county. 

Chalmers, J., delivering the opinion of the court, says: 

No mere omission or irregularity on the part of the returning officers can re- sult in setting R.Side the certificate. Any practice which may be thought pur- posely to have been resorted to for influencing the result will have that effect, 

if those who made the rel urn knew of or sanctioned it. Spee.king tor myself alone 

Rnd not for the court, I think that the primafac-ie presumption of correctness in the ce1·tifica.te fails whenever it is shown a.tl:irma.tively that, as alleged in this 

ca.'!e one side only participated in making out the returns a.nd the other side was 'excluded from conducLing the election and making up the count; in such case to speak more correctly, I think the prima faei.e presumption of correct- ness' never attaches. \Ve all think that it fail'! where it is shown that there was any intentional wr~ng on the part of those who made the count." (Word vs. Sykes, 61 .Miss., 6.5, 666-667.) 

In the case of Threet vs. Clarke this committee said: 

The committee is of the opinion that where the course is systematically pur- sued of appointing on the election boards to represent the minority or opposition party person'! not indorsed by that narty and as to whose loyalty to the 

party whose interests they are expected to guard there is a question, or of ap- pointing persons who are unable to read and write when there would be no difficulty in finding men well qualified in those respect-s, this ought of itself to be considered evidence of cons pi racy to defraud on the part of the election offi- cers. TL is was clearly a violation of the law on the part of the board. 

It will be observed that the judge, on bis individual opinion, fully 

sustained the report of this committee in the case of Threet vs. Clarke, 

and that the whole court say ''any practi~ which may be thought 

purposely to have been resorted t,o for influencing the result" will 

vitiate the returns. The only question, then, in this case is, did the 

party in power select all the election officers to suit themselves and 

deny to the other party officers asked for by them, and was this purpo ely done to influence the result? That the Republicans were denied any commissioners of election asked for by them, and that this 

bas been done continuously for years, is abundantly proved, is not denied by the contestee in this case, and is admitted in the brief of an- other contestee from .Mississippi. (See Catchings's brief, page 260.) 

That the Republicaus were denied the inspectors they asked for in De 

' \ ... . ·. 

Soto, Tallahatchee, and Tate Counties, and that this has been con- stantly done for years, is also clearly proved, and yet the committee 

give the import of verity to the unexamined boxes in these counties. 

The question in this case is thus narrowed down to this issue: was 

there or wa.<1 there not a conspiracy in Missi~ippi to carry the election 

by fraud? 

The majorityofthe committee saysthis was notprovedtotheir satisfaction; and yet they admit that they are almost persuaded to believe. 

The report says: 

In many places the ballot-boxes were removed from the presence of the 

United States supel'Visor, against his will and without pretense of justification or excuse. Every presumption arises against those guilty of such open and ex- press violations of a. statute passed in the interest of pure elections. And where, as in this case, the practice is so C'Jmmon, it is hard to a.void the conclu&ion that 

it is the result of concert for a fraudulent purpose. 

Like Festus before St. Paul, they were almost persuaded to believe. 

They could not quite see the conspiracy, and yet in their effort to save the seat to the sitting member they find it hard to resist this conclusion that there was one. 

To ask for more proof than the report of the committee admits was 

made is, it seems t-0 me, to ask me to prove that the sun shines when we all see it. If there was not such conspiracy in Mississippi, how does 

it happen that in a State with 25,000 negro majority and a. large number of white Republicans the Democrats get from 30,000 to 60,000 ma, 

jority at every election, when all the negroes are denounced as Repub .. licans and every white Republican is denounced as belonging to the 

damned negro party? If there is no fixed plan to do this the history of our times ha.~ been written in falsehood, the declarations of the Re. 

publican platforms and the speeches of Republican orators are slanders on the State, and the leading Democra~ who, in recent interviews about our constitutional convention, have admitted that the present method 

of holding elections is ruinous and disgraceful, have indorsed these 

slanders on their State. 

Why ask for more proof when Democrats on this floor boldly threatened a nullification of the election law if it sh0uld be passed? That 

there is a fixed determination all over the South to suppress the negro 

vote, fairly if they can, but fraudulently and forcibly it they must, is too 

well known to need further proof, and that Mississippi has been the 

leader in this movement is equally as well known. When secession was attempted, Mississippi furnished the great leader in the president of the 

Confederate States. When the conflict of bullets ceased and the con- flict of ballots began, when secession from the Union was abandoned 

and nullification of the constitutional amendments was commenced, 

Mississippi again furnished the leader of the South, the Talleyrand 

of American politics, a man who by his honeyed words in this Hall over the dead body of the ~reat advocate of manhood suffrage won the 

esteem of Massachusetts and the confidence of the North, and who 

by his fierce philippics in the backwoods of Mississippi against tho 

black voter and his white leaders fired the hearts of his hearers against 

the fifteenth amendment. His words fell on listening ears and were seed sown in good ground. There are no braver people, no better 

politicians, and no more determined men than are to be found among 

the Democrats of Mississippi. They have been taaght and they have 

taught to others that the suppression of the negro vote is essential to 

white civilization and that "the end justifies the means." 

Under that maxim they have formed a solid organization, unsur1 

passed for courage, determination, shrewdness, and trickery since the 

famous order of Jesuits, under the same maxim, ruled the counsels of 

the world. Enthused with the fanatical belief that their purposes are holy and just, they have been as relentless and cruel as the Spanish 

Inquisition in crushing at the political wheel every man they deem a 

heretic to their faith. · The Committee on Elections electrified this Honse in the Featherston case with their recital of the scenes when the Winchester Rifle 

Club drove the Republican office-holders from Crittenden County. 

They forget that Mississippi long since taught that lesson to .Arkansas. 

Go read again the history of Kemper County, when the Republican 

party was buried forever in the blood of the Chisholm family. Go 

read again the history of Yazoo County, when the Republican officers were driven out; where Dixon, a candidate for sheriff, was shot down 

in the streets of Yazoo City, and where t-0-day thef'e are 5,000 Republican voters and only 7 Republican votes returned at the last election for Marsh Cook, the Republican candidatefor Congress. 

Poor gallant l\Iarsb Cook, the telegraph brought us the news that 

he too' had fallen the last victim to political hate in Mississippi. He 

w~ a 'candidate for delegate to the constitutional convention from 

Jasper County and dared to make a Republican speech to Republican 

voters. He was waited on by a committee of Democrats and notified 

that if he made another such speech he would get into trouble. Like a true and brave man as be was, he answered that he woald continue 

his canvass and risk the consequences. On the next day he was found 

dead in the road with seventeen buckshot in his body. 

The cowardly assassins who murdered him would not meet him face 

to face and man to man, but five of them bid themselves in a log 

school-house on the road to his next appointment, and with their guns 

between the logs shot him dead and left him weltering in his blood, a prey to beasts and buzzards, until be was found by a negro. He, 

too, was a contestant for a. seat in this House, but abandoned his con• 
• 

, .. 

1890 . CONGRESSIONAL RECORD-HOUSE. 8761 

test. He, like the rest of us, went into the canvass knowing that his 

life was in peril. He has fallen by the hands of the enemy, while we 

are left~ fall in the house of our ftiends. Only 7 vo ~ were counted 

for him m Yazoo County, where there are 5,000 Republtcan voters. 

And yet the majority report of the Committee on Elections would 

give the import of verity to that return and ask a Republican Congress 

to stultify itself by approving such a report. In Tallahatchee County 

the proof shows the color of each voter, and where there were 832 negroes and 783 whites voted the returns give 1,020 to the contestee 

and only 2 votes to me. The proof showed this return to be not only 

false, but a forgery, and yet the majority report names this aa one 

county where they give the import of verity to the returns made by 

precinct officers for the contestee, and if I am correctly informed they 

supply my vote by the guesses of Democratic witnesses as to bow many 

of my votes were rejected by this corrupt board of commissioners as illegal. The minority report gives me a majority in this county. I 

ask this House to examine both reports as to Ta11ahatchee County. 

Here is a square issue presented between the two reports, and I am 

willinit to rest my case on the decision of this question alone. 

In the McDuffie case the committee aroused the indignation of this 

House over the brutal murder of a negro who was killed for keeping 

a tally-list of the Republican voters at the polls. But they forgetthat 

Mississippi taught this lesson to Alabama. Go read again the history 

ot Copiah County, where J. P. Matthews, a prominent merchant, an 

old citizen of old family and good standing, was murdered at the 

polls for daring to vote against the orders of the Democratic party, 

shot by a man who had no personal malice against him, and who it is 

said was selected by lot to do the bloody deed, a man who but.a few days 

before had fed at his table, who addressed him familiarly as a friend 

anrl said, "Print, don't vote," and then deliberately took a shotgun 

from behind the door and killed him when he did vote. The murderer was tried, was defended by the eloquent member of this House 

from the Seventh district of Mississippi, and acquitted on the plea of 

self-defense. I 

That the chairman of the Committee on Elections should demand 

more proof from me is astounding after his great speech on the Lodge 

election bill, in which his statement of outrages in Mississippi was 

drawn entirely from the record in my case. And it was especially 

astounding after he used t.his emphatic language: 

Mi-. Speaker, I have said that the belief is prevalent throughout the North that the black vote in the Southern States is suppressed. I now propose to af- firm that that belief is based upon absolut.e proof. The black vote is not only supprPssed; but it is the announced determination of the men who control pub- lic sentiment there, men of prominence a nd character throughout the great black be lt of the country, that that suppression shall contin ue with law or in 

spite or law. 

This was·either true or it was false. If true, it proved a conspiracy 

in Mississippi, as elsewhere in the South. If true, the Lodge bill 

should have been passed, and the sitting member from the Second District of Mississippi should be tamed out and the seat given to me 

which was stolen from me by that conspiracy. If it was false for one 

purpose it was false for the other. It was upon such declarations of 

proof that this House passed the Lodge election bill. The belief that 

there was a fixed plan all over the South to suppress the negro vote 

was then said to be absolute proof. If now you turn and say there is 

no proof of such a plan in Mississippi, you will place yourselves in a 

ridiculous and suspicious attitude before the country. 

Democrats said at the opening of this Cong;ress that the Republicans 

of this House would turn out Democrats enough to make a working 

majority and then stop. This charge was again made by Democratic 

Congressmen on the Fourth of July in Tammany Hall. 

If now you adopt the m~iority report in this case it will give color 

to that charge. It will be said that this House passed a bill to secure 

a Republican majority in the next House on testimony which was pronounced absolute proof, and yet after having secured a working majority in this House it pronounced the same proof insufficient to unseat 

a sitting member. 

This House can not afford to place itself in such au attitude before 

the country, and I do not believe it will; and especially when I only 

ask you to give to me the same legal presumption that Democrats gave 

to a Democrat in the case of O'Ferrall vs. Paul. In that case twenty 

boxes in one conn t.y were assailed because 655 votes were received on 

illegal tax receipts. The fraud was proved at sixteen boxes, and was, on the general testimony, extended to tour boxes not examined. Again, 

I only ask you to follow the rules laid down by the Republicans in the 

case of McDuffie vs. Davidson in the last Congress. I prepared my case 

and broui;bt my proof fully within the rules there laid down. I made 

general proofs of fraud as to all the seven counties and I selected one 

box as a sample and there proved fraud by the voters themselves. 

By dilatory cross-examinations I was kept for thirty days examining the voters at this one box. And while I was thus facin~ the enemy 

in person, my counsel at other places were so intimidated and obstructed that they were compelled to go to Memphis to take testimony. 

At Holly Springs the Democratic mayor refused to go on with my testimony after he bad agreed to take it. At Oxford my attorney was a Northern man who bad been a teacher in the public school there, and 

expelled because he made a Republican speech in Illinois during vaca-

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tion, and he deemed itimprndenttoattemptt.otaketestimonythereon 

acconntoftheintense excitement against both him and myself. .And at 

Hernando, the home of the contestee, where was organized for political 

purposes tb,,e military company so strongly referred to in the majoritj 

report and in the speech of the chairman on the Lodge bill, my counsel 

were intimidated from taking testimony. · 

My lea.ding attorney there was John T. Hull, an old Greenback 

leader of courage and distinction, whose bt'other was shot down in the 

Greenback canvass in Holmes County in 1879, and who continued to 

fight as he lay on his back on the ground. The news of Clayton's 

assassination was received in Hernando on the day the taking of my 

testimony was to begin, and the excitement was so great and the appearance of danger so threatening that John T. Hull, brave man that 

he was and is, was afraid of bloodshed if he continued t-0 take testimony 

there. 

In the McDuffie case, after speaking of frivolous cross-examinations, 

the majority report said: 

This conduct resulted beyond a reasonable doubt from a deliberate purpose to snppre.ss as much of contestant's evidence as possible and prevent a disclos- ure of the whole truth. 

And yet I am told that worse conduct in my ca.~e is no evidence of 

.such deliberate purpose in Mississippi. These efforts to suppress investigation seem to me conclusive evidence of -fraud, and to sustain 

the majority report is simply to enable a man to obtain a seat in Congress by the suppression of Republican votes and to bold it by the suppression <>.(testimony. But if more proof is demanded, I insist that it 

is abundootly Jurnished in the record. 

Let us see what is the rule of evidence by which a conspiracy is 

proved, and then what is considered sufficient proof. 

The distinguished gentleman who prepared the majority report in 

this case is an able lawyer, but it is said that be has never been engaged in the trial of a criminal case, and it is evident from the report 

that he is not familiar with the rules of criminal evidence as to the 

establishment of a case of conspiracy. 

'.rhe elementary writers tell us thatThe evidence in support of an allegation of conspiracy is generally circum- stantial, and it is not necessary to prove any direct concert, or even any meet- ing of the conspirators, as the actual fact of conspiracy may be collected from the collateral circumstances of the case. Although the common design is the root of the charge, yet it is not necessary to prove that the parties came to- gether and actually agreed in terms to have the common design and to pursue it by common means and so to carry it into execution, because in many cases of the most clearly established conspiracies there a.re no means of proving any such thing. . If, therefore, two persons pursue by their acts the same object, often by the same means, one performing one part of an act and the other another part of the same act, so as to complete it, with a view to the attainment of the object they were pursuing, the juries are at liberty to draw the conclusion that they have been engaged in a conspiracy to effect that object.-Archbold's Or. Pr. and Pl., 1;0[ume 3, star page 622, note. 

Now as to the sufficiency of such evidence. 

The supreme court of Mississippi, speaking of circumstantial evidence 

on a trial for murder, said: 

As mathematical certainty is not attainable in such cases, moral certainty is all the Jaw requires. Even direct; testimony, it is 88.id, does not afford grounds of belief of a higher nature. Evidence which supplies the minds of the jury to this extent constitutes full proof of the fact in question before ~hem. This moral certainty is defined by Chief-Justice Shaw, in his charge to the jury in the Webster case, to be a certainty that convinces and directs the under!ta.nding and satisfies the reason and j udgment5 of those who are bound to act conscien- tiously upon it. (James vs. The State, 4S Miss. R., 575.) 

The majority report sbows that they were convinced to a moral certainty that the contestee was fraudulently counted in, and yet, when 

the chief-justice of Massaehusetts directed a jury to hang a defendant 

if so convinced, t.he majority report saves a seat in Congress to a man 

they are morally certain was not elected. And I now ask if there is a 

Republican in this House who is not morally certain that there was a 

conspiracy in Mississippi to carry the election by fraud. If you are 

morally certain of it I am entitled to be seated. 

I propose to prove that there was such a conspiracy in the State of 

Miss~ippi: First, by the declaration of Democratic leaders of their 

purpose to suppress the negro vote; second, I propose to prove that there 

was a conspiracy in this district by the declaration of the contestee 

himseli and his immediate supporters; third, ro prove that there was 

CQnspiracy by the acts ot the election officers, all pursuing the same object, often by the same means, oae performing one part and the 

other another so as to complete it, with a view to the attainment of 

the object they were pursuing. 

GENERAL DE CLARATIONS OF PURPOSE. 

Jf gentlemen want law to show that it is competent to introduce 

public speeches and newspaper articles of the leaders of an organization to show its purposes and design, I point to the Anarchist cases decided in Illinois, the State of the chairman of the committee. If g;entlemen want law t-0 show that other and d~tinct acts or crimes of 

mem hers of an organized body can be used in evidence against any 

member of that body, when on· trial, I point to the Molly Maguire 

cases decided in Pennsylvania, the State of the distinguished gentle- man who wrote the majority report in this case. In the anarchist case it was held by the supreme court of Illinois 

that a combination Qf men whose avowed purpose was to take the 

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property of the rich and divide it .among the poor was an unlawful 

combination, that its members were conspirators, and that the public 

speeches and newspaper articles of it.a leaders were competent evidence 

against members on trial for their lives. Certainly a COD\ bination of men whose avowed purpose is to suppress the negro vote and give to 

minority candidates offices which belong to the majority is equally an unlawful combination. Its members are equally conspirators, and 

the speeches and newspaper articles of its leaders are equally com- petent evidence against any member of that party. If in one case men could be banged on such testimony, it is strange that the same testimony is not sufficient to unseat a. member of Congress whose cer- tificate of election has been stolen. 

We might i;oint to the declaration of Democratic leaders, not only in 

;Mis.5issippi1 but allover the South. A distinguished Georgian, in what 

may now be called his dying declaration, made in Fannell Hall, the 

cradle of American liberty, said: 

WewrestedMark the wordwrested our State government from negro supremacy when the Federal drwn- beat rolled closer to the b llot-box., and when Federal ba yone ts hedge.I it deeper in than will ever &gain be permitted in this free Goverument. But, sir, though the cannon of this Republic thundered in every voting precinct in the South, we will still, in the mercy of God, find the mea ns o.nd the courage t-0 prevent 

its establishment .. 

The Memphis Avalanche, a leading Democratic organ in Tennessee 

and Mississippi, said: 

The Republic will plea se tnke notice that the white people of the South do not intend to submit.to be governed by negroes in e.ny manner whatsoever. They have said so in deeds at ever y election for twenty years, and henceforth they mean to assert it in words. 

When we come to :Mississippi we find a speech made by Go>ernor 

Lowry, made in the first contest for Congress between the contestee 

and myself, and which is set out in tbe record. He came to Marshall 

County, where he knew there was a. majority of colored voters and a still lar~er majority of Republican voters, and openly urged the Democrats to carry the election without regard to the majority against them. 

To encourage them to do this be said: 

That Ethel Barksdale, who had a majority of 8,000 again t him, would be elected by 5,000 majorily. 

He said: 

You may take five hundred white men and put them in Oentral Africa and they will rule or perish. 

And .referring to me he said: 

When be proposes to the white people of this county to vote for him to go to Congress, he proposes to take them by the nose and lead them into the negro camp. Be true to your interests; be true to your race. 

This :is the same man who signed the pretended certificate of election 

in this case and who signed the certificate of election for Manning in 

1882, which a. Democratic Congress declared was-a fraud, and who was at the bead of the State board of election which appointed all the com- missioners of election in 1888. 

Here was a bold declaration of purpose: the Democrats followed it 

up, and the result followed as the governor said it would. And yet 

the majority report asks this House to give the import of verity to elec· 

tion returns made by officera selected by this governor and his confederates to carry out their purpose. 

DECLA.RA..TIONS OF PURPOSE IN THE DISTJlICT. 

When we come to the district, we have the declarations of the con- testee himself: It is proved that in a. canvass for a. nomination for 

Con~ess, to recommend himself to the well known Democratic sentiment·, he decfa.red on the stump that he was as much in favor of cheating the negro out of his vote as a.ny other man. ( R., 954 . .> 

This was cbar12:ed against him in the notice of contest; be denied it, 

but U was proved on him by a. leading Demoerat, Hon: C. B. Howry, 

United States district attorney under Cleveland. · 

In another speech be said that he and others, in 1875, had buckled on their six-shooters, and with clubs in their hands had knocked down 

the negro leaders at the polls; that this was snccessfa..l then, and he 

advised it to be done again. He denied this, but it was proved on him 

by eight respectable Democrats who heard him. (R., 574.) 

It is further proved by his attorney and witness, A. S. Buchanan, 

that he believed that Republican rule in :Mississippi was worse than 

ballot-box-stuffing; or, to use his own words, he says: 

I think anything like wholesale ba.llot-box-stuffi.ng or fraud in elections is almost if not quite as greatly to be deplored as Republican rule would be. (R. 837.) 

One W.W. McMahon was one of his inspectors of election, who, at 

College Hill, returned 285 for Morgan and 26 for Chalmers, where 281 

negroes and 30 whi~e men voted. 

Beanland, witness for conte.itant, says: 

to~~~;,~';: ~t~~~n~i~~~f!~~~~~~!;~?~~':i~~!ti~t t~d~g~~~~~: been 1,500 it would have .made no difference. (R. 595.) 

McMahon was introduced as a ~tness for contestee and admitted, 

on examination, that he did not believe a negro should be allowed to 

vote. He denied his con>ersation with Beanland1 but did not deny the 

following conYersation which was proved on him by L. M. Word. He 

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was asked what he thought about the wholesale erasure of the nametJ 

of Republican vot.ers from the poll-books in La Fayette County, an.cl 

said: "My God, anything is right to beat the damn niggers," and 

when told there was no negro in the canvass, be replied, "That don't 

make any difference; the niggers voted for Chalmers, and, by God, if 

we can't stuff 'em out we'll shoot 'em out. We don't give a damn 

how we git 'em out; we are goin' to control 'em." (R. 556.) 

With such declarations of the belief and intentions of the contestee 

and bis supporters in this district, it is difficult to understand how the 

majority failed to see there was a conspiracy in this district, and it 

would be a refinement of Ie~al technicality to talk about·giving the 

import of verity to returns made in such a district and by such officers 

at boxes not examined, when the failure to examine them was brought 

about by the acts of the contestee and his friends. 

When we come to Marshall County we :find that a secret circular 

was issued October 13, 1888, by the Democratic executive committee, 

which said: 

A gigantic effort is being made to carry old Marshall, the empire county of the State and district, for the Republican party. We are in possession of in- formation t hat convinces us that the negroes are better organized tha.n toryeo.rs past. On the other hand, our own people seem apathetic and indifferent. This 

being true, something must be done or we are beaten in the coming election and the fruits of the great victory of 1875 are swept away and white supremacy will be a thing of the p ast. • 

Something was done, and what it was the majority report tells. A 

county which gave me 1,000 majority over l\Ianning was counted into a majority for 836 for Morgan. At ten boxea examined out of sixteen 

there was fraud enough found to reverse that majority, but at si.x 

boxes which could not be examined the committee have left the returned 

majority standing. They seem to have conscientious scruples against 

disturbing the returns of these immaculate election officers because 

they are compelled by legal technicality to believe that the conspiracy 

shown in the circular of the executive committee did not extend to the 

precinct officers. 

When we come to Tate County we find the following, published in 

the Tate County Record, two weeks be!Gre the election: 

Wh&t did the drum-beS1.t mean ten or twelve years ago? It meant this, negro supremacy over wbitesa.nd it means the same thing now, under the leadership of Jones and Chalmers. Democrats of Ta.te, can you st-and it? Il not, up and at them in your old-time style and with your old-time vigor. The danger is immi- nent. 'l' hey a.re alert and active. How are you? We repeat, the danger of losing the county is great .. 

Here again was a. clear declaration of purpose to suppress the negro 

vote. What was the result? Where two weeks before the election 

they admitted "the dangeroflosing the county is great 77 and where I 

had 306 majority over Manning, I was counted but 435 votes. And 

where Manning's total vote was 1,166 and where the total vote at the 

Democratic primary the year before was 1,050, Morgan was counted 

1,926 and 1,490 majority-more majority than there ever were Democratic votes in the county. This was the county where my whole 

vote, 1,472, was attempted to be stolen from me in 1882, ~certifying 

my vote to J. R.. Chambless. 

The proof shows that the commissioners of election refused to appoint any inspectors asked for by the chairman of the Republican committee. and that all the inspect-Ors appointed were Democrats, except 

at three boxes. At two of the boxes where Republican inspectors were appointed, the majority report shows that the ballot-boxes were re- moved from the presence of the United States supervisors before they were counted. At another box, Cold Water, the proof showed that I was entitled to 167 votes where the returns gave me but 7, and it is 

proved that the Democratic leader, to whose house the ballot-box was 

ta.ken at dinner-time, offered to bet before the election that I would 

not get over 7 votes at that box. 

At Taylor's, in this county, it is proved that the Republican vote 

cast was :five to one greater than the Democratic. There was a brave 

Confederatesoldierwhowas the United Statessupervisoratthisbox, who 

watched it so closely that it could not be stuffed. But as the counting was about to commence the lights were blown out and the ballotbox was stolen. The Republican United States supervisor was grossly 

insulted by the Democratic inspector. This led to a personal difficulty 

after the election, in which the Republican was shot and dangerously 

wounded and the Democrat was, as usual, acquitted on the plea of 

self-defense. The Committee on Elections, in the case of Threet vs. Clarke, said that such a refusal to appoint inspectors asked for by Republicans, as is proved in this county, was in itself evidence of con- spiracy and a fraud. The majority re1 rort in this case says: 

.At Lamar, Horn Lake, Nesbitt, Eudora, Olive Branch, College Hill, Looxa- homa, and Strayhorn the election machinery was exclusively in the bands of the Democrats, in expressviole.tion of the law , which required tbe inspectors to be ''suitable persons of different parties," o r, where the.re was any pretense made of appointing a. Republican, the appoin tee was illiterate and disqualified to perform the duties of his otfice; and the e d dence goes to !'how that such ap- pointees were expressly selected because of their incompelency. 

The hw of Congress on this point is well settled: 

The appointment of the .managers of election, in fairness and common de- cency, should be made frotn opposite political parties. A ref1188.l to do so in the face of a statute directing it to be done may in some eases be evidence of fraud, and it might form an important link in a. chain of circumstances tending to es- tablish a conspiracy. (Buchanan vs.Manning, Cal.kine's Report, Dig. Elec. Cases, 

1880-1882, page 297.) 

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1890. CONGRESS10N4L RECORD-HOUSE. 8763 

The report here names Looxahoma and Strayhorn, two boxes in this 

county in this list, but no mention is made of the fact that every box 

in this county was in the same condition. And in the midst of all 

this fraud the committee gives the import of verity to the unexamined boxes in this county, and this alone furnishes 592 of the 2,000 presumptive majority by which they "saved to the sitting member his 

seat.'' It is said that crimes enough have been committed in the name of christia.nity to make angels weep. Certainly crimes enough have 

been committed and covered up under the import of verity given to 

election returns in the laSt fifteen years to blind with tears the record· 

ing angel in heaven. 

Tum to La. Fayette County, and here the evidence of conspiracy is 

~till more glaring. The week before the election the member of the 

Congressional Democratic committee of this county said, in the presence of two white men, supposed no doubt to be Democrats, that Chalmers woul.d carry that county by 400 majority unless something was 

done to preYent it; and that a meeting was to be held at his office that 

night to fix up some plan to prevent it. A plan was fixed np. Now 

let us see what that plan was and who fixed it. The chairman of the 

district committee says: 

Int. What information did you havens t-0 the Democratic and Republican or- ganization in La. Fayette County? .Ans. My information was Jess definite as t-0 the organization of that county 

than any other in the district. The Democratic party, my information is, was not organized until late; but a. pretty good oritRnization was reported to me finally. The last week or ten days of the campaign, Judge Morgan spent in that 

county. .As chairman of the district committee, I especially requested him to give that county his attention, and be reported it in pretty good fix. 

Now, what that pretty good fix was is shown by the result. The 

Renublican voters of the county were disfranchised by a wholesale 

erasure of their names from the poll-books. When the Republican 

voters came to the polls they "came up dead," as Democratic leaders 

facetiously said they would. The bloody death of the physical man 

was spared, but the not less effective death of the political man was inflicted. The poll-books are copies from the registration books of the 

voters at each precinct, and no man can vote unless his name appears 

on the poll-books. The poll-books with the ballot-boxes are usually 

sent ont by messengers selected by the commissioners of election. 

At this election the messengers were selected by one L. S. Dillard, 

the boss ballot-box-stuffer of the county, who bad been indicted for 

violating the election laws in 1882, when he was a commissioner of 

• election, and who bad been rewarded with the office of postmaster at 

Oxford by the Cleveland Administration. When these books came back 

after the election they had been so terribly mutilated that one of the 

Democratic commissioners said '' theywerenotthesame. ''· The names of the Republican voters were found to haT"e been erased more or less 

at every box examined. Four hundred werescratched off, and marked 

dead or removed at the two boxes in Oxford alone. 

The Republican United States supervisor at the south box was marked 

dead and not allowed to vote. The result was that in a Republican 

county, the home of L. Q. C. Lamar, where he was defeated for Congress by 48 votes in 1872, and where in 1882 I had a majority of 362 

over Manning, and where it was admitted one week before the election 

that I would carry the county by 400 majority, I was returned but 

475 votes and Morgan given 1,196 majority, more majority than Manning bad votes, and almost as much majority as Lamar had votes. 

But four out of.fifteen boxes in this county could be examined, and at 

these fraud enough was found to reduce that majority to 596. 

Looking back to the history of this district yon will find in the case 

of Bnchanan v . Manning that a similar wholesale disfranchisement of 

Republican voters was made in 1880, in De Soto County, the home of 

the contestee, and where he bas been for years, the political leader of 

his party. In criminal cases, depending on circumstantial evidence, 

where a crime has been committed, evidence of a motive to commit the 

crime and of opportunity to have committed it by the person having 

that motive furnishes strong presumptive evidence of his guilt. Whence 

did this crime emanate? From the home of the contestee. Who had 

an oppo.-tunity to plan this crime? The contestee. Who had the strongest motive to commit this crime? The contestee. 

And yet a Republican committee ask a Republican Congr~ to give 

him 596 majority at the unexamined bo~es in this county on the technical presumption that the returns were honest. No rule of law is 

better settled than that a man can not take advantage of his own wrong and can not hold a title, fraudulently obtained, even when it 

comes partly through an innocent source. Fraud vitiates everything, 

whether it is accomplished through innocent or corrupt agents, and it 

is therefore immaterial under the facts here provad whether the inspectors at the unexamined boxes were innocent or corrupt agent.a of 

the contestee. 

A lllO'NlnIE:'<T OF FRAUD. 

This is another Mississippi plan that ha.s been transported to other 

Southern States. In the last State election in Virginia, it is said, that 

20,000 Republican voters were. thus disfranchised in a single day. 

This gigantic fraud was perpetrated under the shadow of the monu- ment to Washington, and hereafter the two will stand side by side, 

one a momument to freedom and the other a monument to fraud. 

Outside of La Fayette County, 380 voters came to the polls with Republican tickets in their hands to vote for me who were rejected bei!ause their names were not on the poll-books. 

The mB:iority of the committee refused to count the.se votes for me on the technical presumption that the officers who erMed these names must be presumed to have done their duty. The name of a voter can 

only be legally erased from the poll-book when he is dead, or has removed, or has been convicted of crime. These men who walked up to 

the polls to vote were certainly not dead. They had not removed, 

because they were present where they claimed the right to vote, and 

the only crime that there is any evidence of their having committed 

was the crime of belonging to the Republican party, which in the eyes 

of a Mississippi Democrat is less pardonable than a sin against the 

Holy Ghost. To doubt that these men were illegally erased from the 

poll-books, in accordance with a .fixed plan to defraud at elections in 

Mississippi, would be to doubt that the sun shines because the rim of 

your hat shades it trom your eyes. The majority report says: 

There is no doubt in the minds of your committee from the evidence presented 

in this record that immense frauds were practiced in this Congressional district 

by the simple device of unlawfully striking names from the registrv list and 

then refusing to receive votes because of alleged want of registration. 

And yet the committee refuse to count for me these 380 votes. That 

it was the chief_ part of the conspiracy to count me out by a majority so large that it would be almost impossible to overthrow it was 

practically confessed by the chairman of the district committee, who 

was caught in the cross-examination. He had said that the Democrats 

were thoroughly organized and that the Republicans had no organization. He was shown Democratic circulars showing statements exactly 

opposite to this before the election and asked what they meant. He 

said: 

That article and the H. 0. Rand circular were both intended to stir up the Democrats and make the organization more effective; and the main reason for the call was that they were sick and tired of Chalmers's candidacy, and they 

determined to bury him with such a n:.ajority that he surely could not come again; a.nd they accomplished what they intended in securing an overwhelming majority ag:i.inst him. 

That this plan was deliberately fixed and carried out is shown by 

the returns from the seven western counties at the last four elections. 

For six years I had kept up a constant political warfare in this district. 

In 1882 I had there a majority of 3,048 over Manning. In 1884 they 

counted in Morgan by a majority of 1,868. In 1886 they increased it 

to 2,814, although in the two eastern counties, where the election was 

fair, his majority fell from 2,171 to only 752. This gain of mine in 

the white counties alarmed the Democrats so that this time they increased their fraudulent majorities in the western counties to 6,465. 

ACTS OF THE CONSPffiATORS. 

We come next ro the separate act:B of the officers, each performing 

bis part to complete the whole. The secretary of the.Republican committee presented a written request to the State election board to be allowed to name the Republican commissioners for each county, and was 

conversing about it with Major Govan, secretary of state and one of 

the State board of election. He says: 

While this conver;ation was proceeding the governor ca.me to the door, and was informed by Major Govan wha.t l desired. The governor stated to me that 

the law did not require them as a. board to recognize any political organization 

in their eelectiou of their appointees: that the board was the sole judge, a.nd were not required to recognize any recommendatfons of that character. I then 

left and heard nothing further from the communication. (See testimony W. H. Gibbs in each of the Mississippi cases.) 

It is proved that the lieutenant-governor, another member of this 

board, on a former occasion, had opposed allowing the oppositioti to name their inspectors in his county, and bad said, "We have got the 

advantage and we intend to hold it." And it is proved in the case of 

Kernaghan vs. ·Hodker that the secretary of state, when excusing 

himself from not keeping a promise to a Republican friend to allow 

him to name the Republican commissioner in bis county, said "they 

could not go back on the plan, which was to appoint only such com- missioners as were recommended by Democrats. • 

THE AUTOCRATIC lllACHIJS'E. 

This State board of election is the head of the machine which rules 

the State with autocratic 'power. They appoint the commissioners of 

election for each county and they are the autocrats of the county. 

They have power without notice to disfranchise voters by erasing their 

names from the poll-books and power to appoint the inspectors of election for each box, and the inspectors appoint the clerks. If suitable 

persons of different parties were appointed as the Jaw direclis, it would 

be fair; but when the party in power, al ways in violation of the spirit 

and often in violation of the letter of the law, appoint only such officers as suit themselves, it becomes a powerful engine of fraud and oppre.sSion. 

.A more perfect plan to overthrow the will of the majority, to overturn republican form of government and est.ablish an oligarchy could 

scarce be devised. When we contemplate the power of this machine, 

we understand atoooehow 2b,OOO Republican majority could be counted 

into 55,000 majority for Cleveland and bow his boasted popular ma-

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8764 CONGRESSIONAL RECORD-HOUSE. AUGUST 18, 

jority of 100,000 could be ma.nufactmed in a few States in the South. 

The majority report says: Your committee find that there were other methods pursued in the Second 

Congressional district of Mississippi "to shut down" upon the Republiea!1 

voters, which were in contravention of la.w. Among these were: The constitution of partisan election boards, ha.vin.fl no members other tha.n Democrats. The appointment in many cases of parties on such boards to represent the Re- publicans who, by reason of ignorance and illiteracy, were not "compe~ent 

and suitable men." The unlawful remove.I of ballot-boxes from the polhngplaces and from the view of the United States supervisors. The illegal erasure from the registration list of duly qualified and registered voters, and the refusal to permit them t-0 vote. The stealing of ballot-boxes. 

And yet the majority report, with all this proof clearly made, in the 

three contested cases from Mississippi, of 1raud deliberately planned 

and executed by this machine, could see no sufficient evidence of a con- spiracy to set aside the returns at the unexamined boxes. And more strange still, with a full exposition of this machine before them, they 

insist that each precinct mnst be considered by itself as something sep- ara.te and distinct, when it is manifest that each box is bnt a link in 

the chain that binds us in political slavery in Mississippi~ or but a cog 

in the great wheel that crushes out the life of every Repn blican victim 

caught between its rollers. The clerks are but the tools and puppets of 

the inspectors, the im1pectors of the commissioners, and the commissio)lers of the State board of election. 

THE WOLF. 

The distinguished gentleman from Georgia. [Mr. CRISP] well described the election board of Mississippi, composed as it is of three Democrats when, criticising the proposed election law of the chairman, he 

said it was a dishonest proposition, because it placed the election ma- chinery in the bands of three Republicans. I understood that distinguished gentleman to say that if the election machinery was placed in 

the bands of one party the other party would have no more chance 

than he would have sleeping alone in the woods with a wolf. 

The Republicans of Mississippi have been sleeping alone in the woods 

with the Democratic wolf for years, and we thank the gentleman for 

the illustration. But the majority report of the Committee on Elections, while it gives to the country a new and interesting version of 

Little Red Riuing Hood which will doubtless arouse the sympathy of 

its readers, like the old story leaves the grandmother to be devoured 

by the wolf. The appointment of the election officers was the first ac~ in this drama of conspiracy. 

11!."TilIIDATIOl!.' , 

Then comes the intimidation which the majority repprt so graphically describes. 

But, l\Ir. Speaker, I will not trouble the Honse by going through all 

of the acts of th~e officers. I think I may content myself with saying, in the language of the majority report, that t'here has been fraud 

in various forms, incJnding intimidation of voters, corrupt manipulation of registration, stuffing and stealing of ballot-boxes, and illegal 

voting, which fi.nds ample illustration in all of them. 

These are specimens taken from different parts of the district, and 

just as certainly tell the character of this election as specimens of ore, 

taken from different parts of a vein, tell the character of a mine discovered. 

Moneyed men every day risk millionsofmoneynpon such character 

of evidence, and yet the Committee on Elections are not willing to ac- cept tbatcharacterofproofas t-0the electionsin the State of Mississippi. 

And with all this proof, I am gravely told that I did not go far enough 

and did not examine every box. You had as well say that the con- spiracy of the Nihilists to a._qgassinate the Emperor of Russia was not 

pfoved because dynamite was only fo~nd ~nder the railroad br~dge over which he was to pass, that the whole rallroad was not examrned and 

dynamite found under each cross-tie. 

You may as w~ll say to the health officer who is inspecting a house 

charged to be a nuisance, and who finds the foul smell of sewer gas come reeking upfromeveryspotuncovered, "You must gofnrtherand 

prove by actual touch that the.re is a putrid ma-ss beneath before yon can order the nuisance abated.'' The nuisance which now stinks in the 

bostrils of the nation and must be abated is these fraudulent certificates of election, whereby members are seated on this floor who were never elected and often make the majority. for the Democratic party. 

Every ballot-box that has been dissected before the Committee on Elections sends up the same foul smell of fraud, whether it comes from 

Alabama, Arkansa~, Florida, Mississippi, South Carolina, Tennessee, or Virginia, and yet these technical gentlemen who stand on these 

quirks and quibbles of the law tell us they can not smell the stench un- less all the boxes are scientifically opened in the manner prescribed by 

precedent. My opponent practically said in bis brief, "We will give 

you back the votes which you caught us stealing frem you, but we must keep the balance where we by our obstruction kept yon from 

making the proof.'' 

Aud to my utter astonishment the majority report of this case says 

with the bold declarations of the Democram, it is said that we must 

prove it. You had as well say when the juggler by his slei~ht-of-hand 

tricks changes our tickets before our faces we must prove how it was 

done. By a. preconcerted plan a Republican majority of 2,000 was changed in to a Democratic majority, 8, 161, to bury me. And now this 

bold robbery is talked about as a majority too great to be overcome. To permit s'uch returns to stand is to indorse this plan and to off er a 

premium for ballot-box:·stnffing in proportion to the nia~nitude of the 

fraud a<)complished. It is to say, make your majority big enough and we will save your seat for yon. 

The Spartan rule was that the guilt of larceny did not consist in the 

felonious taking, but the crime was in being caught. This Mississippi 

plan, if now sustained by this House, will reverse this classic rule and 

hold that stealing an office from one elected by negro votes is a po· 

litical virtue, to be enhanced in value by the boldness and audacity of 

the theft. To tum out a member seated by the fraudulent counting 

of a few votes and "save a seat to the sitting member " for whom 

votes were stolen by the thousand would be to re-enact a scene too often 

witnessed, of convicting a starving wretch who steals a loaf of bread 

and turning loOie a thief who robs a bank or steals a railroad. 

THE SKIN OF A STOLEN SHEEP. 

When I heard that the majority of the committee had declared this 

to be the law, I turned to Lawson on Presumptive Evidence, and the 

first case that I found was squarely against them. It is an old case, 

Mortimer vs. Craddock, 7 Jurist: page 45, decided in England fifty yeara 

ago, a case where jewelers had lost a diamond bracelet containing tiftysix brilliants. Thirty ot them were traced separately to one man, and 

he was sued for the value of all of them. The jury found a verdict 

for the plaintiff. The defendant tendered the money for the thirty 

diamonds traced to him and took an appeal as to the other twenty-six. 

The appellate court affirmed the judgment, and held that the' jury were well warranted in presuming that he had received all the dia· 

monds. The majority report of this committee reversed this presumption and say that when three-fourths of a returned majority is found 

to be fraudulent they must presume that the other fourth was honestly 

obtained. Sergeant Bumpas, attorney for the plaintiff, in arguing tho 

case, said such a proposition would be absurd even in a criminal case. He said, ''Suppose a sheep had been stolen and a skin found upon a. man, would he be permitted to excuse himself by saying, 'Whatever 

may be the evidence about the skin, there is no evidence thu.t I s~le . 

the sheep?''' 

The Committee on Elections do not charge the contestee here with 

having stolen the sheep, but they fastened theskin on himand it will 

stick to him like the shirt of Nessus. They push him three-quarters 

of the way out of the seat and leave him dangling on the other 

fourth. FORT PILLOW. 

To retain that seat he has attempted to arouse the war passions ot 

the Republican party against me by circulating among them charges 

against me about the battle at Fort Pillow. In the Forty-sixth Congress I demanded an investigation of these charges, and when it was not 

granted to me I made a speech here in which I gave the Confederate 

side of that story. And I say now that when the passions of war have 

passed away and the truth of history is calmly written.it will be found 

that no man was hurt who stood still and surrendered in that forti 

that all who were killed were outside of the fort running a.way with 2'.UDS in their bands and some of them shooting back as they ran. - Bat if every word that bas been said were true I was not in command 

in that battle. The cominandin~ officer was Bedford Forrest, the 

mat<!hless cavalry leader of the South, who accomplished more with 

the same number of men than any other officer on either side in that 

war, who by the rapidity of his marching and the quickness and 

strength of bis blows won the name of "The wizard of the saddle." 

The charges which the contestee circulated, if true, bring disgrace 

upon Forrest and his men. If I had been personally guilty of the 

charges made against me Forrest would have known it, for we were side by side, and it would be a slander on him to say that he would 

not have instantly arrested me for it. 

The fact that I remained until the end of the war second in command 

of that splendid cavalry corps is the best evidence that I was not guilty 

of any conduct unbecoming an officer and a gentleman. I see on that 

side men who stood with me in the hour of battle, and I know that m 

their hearts they can have no sympathy for the motive of the effort thus 

to blacken the character of a Confederate soldier. I see men on this 

side who followed Grant and Sherman and Sheridan, who are themselves 

soldiers of distinction, whose proude..c:it honor is that they won victory over foemen worthy of their steel and who are too manly to counte· nance any such effort to bring disgrace npon an American soldier. 

A POLITICAL DISEASE. 

that is the law. Yon had as well tell me that if I catch a thief with Mr. Speaker, in dealing with this and other contested-election cases my pocketbook, with papers, receipts, and bank bills in it, I can have that come from the South, you are not trying individual lawsuits. 

the pocketbook, papers, and receipts which I_ can. identify, but .the You are dealing w~t~ a g~eat politica! prob!em. Yo~ are attempting thief must keep the money because I can not identify the bank bills. to cure a great pollt1cal disease that 1s makmg fester~n.g sc;ires. on our When we see the negro vote suppressed in this district, in accordance I body politic. The Memphis Avalanche recently assa1lmg its rival, th• 

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1890. OONGRESSI<JNAL RECORD-HOUSE. 8765 

Commercial,forchargingtbeDemocracywitb corruption, said this would 

injure the South, and used this striking language: 

Corrupt 1'A.mma.ny Hall is merely a plague spot on a. sound body, Corrupt 

Democracy in Memphis or lllississippi is a diseased body itself. 

The distinguished gentleman who wrote the majority report in this case has not been able fully to comprehend this distinction. Because one or two corrupt boxes in Pittsburgh would be only a plague spot on 

asound body which would not justify the conclusion that every box in 

that city was corrupt, he has applied that rule to Mississi'{>pi. He seems never to have realized that in one case it is an exception and in 

the other a. rule. In their anxiety to do right, in their fear that they 

may incur the suspicion of intentional wrong, the committee seem to me to btve leaned at times the other way. 

Three times they have seemed to march boldly up t.o the Democratic intrenchments and then run away. They seem to me to have 

done this in the case of Threet vs. Clarke, when they laid down a rule 

of law which they did not follow, either in that case or in this. Again, 

in the case of Miller vs. Elliott, whE}n they declared the law of South 

Carolina to be unconstitutional, but did not rely on that opinion, which 

might have been of great value her~fter had they done.so. ~gai~, 

in the McDuffie case, when the chairman of the committee, m his 

speech of great power, showed that the general evidence of fraud was sufficient to vitiate the whole returns of that district, but then declared 

that he did not stand on that ground, which would have settled this 

and other cases from the South. 

THE SPIRIT OF THAD. STEVENS. 

There was an incident in the debate on the McDuffie case that was 

very suggestive to me. The Democratic leader of the Committee on Elections charged the Republican party with having too long followed 

the teachings of Thad. Stevens, the great Republican leader from 

Pennsylvania. The chairman of the committee replied that they ha.d 

permitted Democrats to retain seats from which they would have been 

turned out if Republicans ha.d given to Republicans the benefit of the same rules of law which Democrats bad given to Democrats in a Democratic Congress. And he asked bis Democratic colleague to suspend 

judgment on the committee until it had finished its work. This claim 

of fairness was met with a jeer from bis Democratic colleague. 

The reference to Thad. Stevens recalled to my mind the man and his career. He was a leader who never sacrificed a friend nor sought 

the approbation of an enemy, a leader in the most perilous times- of 

his party, and when the Union was threatened with dismemberment 

by secession. Our form of republican Government is now at stake, and we are threatened with an oligarchy, to be established by the nulUficati.on of the amendments to the Constitution. In this great conflict 

it is to be hoped thn.t the spirit of Thad. Stevens is not dead, and that 

some leader may rise up to wear his mantle. 

The appeal of the chair!Ilan of the Committee on Elections to his 

Democratic colleague seemed to me to indicate that the doctrine of 

general average was about to be applied before their work was finished, 

and I could but· feel that the spirit of Thad. Stevens was not in that 

speech. The doctrine of general average is only admissible when a part 

of a cargo must be thrown overboard to save a sinking ship. I have 

yet to learn that any Hepublican believes that the Republican ship is 

iri a sinking condition or that this doctrine bas ever been applied to 

passengers since Jonah was thrown to the whale. 

On land or sea a brave man never surrenders while hope of resistance 

remains. For fifteen years the Republican party has been engaged in an unequal conflict. They have been fighting the Northern Democrats 

in the open field, while they have been expoi:,ed to a flank fire from 

Southern Democrats, intrenched behind solid walls erected by fraud 

and force. In the terrible battle of 1888, they not only drove the 

Northern Democrats from the open field, but captured an eminence 

which commands the fortifications of the solid South. If the spirit of 

Thad St.evens still lives, the guns of that fortress will be spiked and 

its bastions leveled with the earth before the next battle begins. The men who sit here on fraudulent certificates will be driven out, and an election law will be passed to prevent force and fraud under the name of States' rights from controlling national elections. 

If you listen to ti~id counsels, if you sa~~ifice human rights at t~e 

dictation of money, if you abandon the position you have captured, if 

you leave your enemy intrenched and go back to the open plain to 

fight the same unequal battle again and are defeated, you will deserve 

defeat. If Mat'hal Ney, instead of stopping to rest, had captured 

the fortification at Quatre Bras, when there was but a single company 

to oppo e him, the batt.le of Waterloo would have been reversed. Upon 

your action in this Congress on the Federal election bill depends whether 

the next political battle shall be to you a Waterloo of victory or a 

Waterloo of defeat. 1IOYEST :UES I~ MISSISSIPPI. 

It may be said that in making a wholesale charge of conspiracy and 

fraud a!?:ainst the manipulators of elections in Mississippi I have as- sailed the honesty and virtue of the whole State. '£his I deny. There are many good men in all parties in Mississippi The recently published interviews with many of the most prominent Democrats in Mississippi, as to the constitutional convention, show that they are sick and 

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tired of the dishonorable and corrupting election methods which are bringing disgrace upon the State and threatening to ruin the rising 

generation. The recent conduct of Governor Stone in protecting a ne- gro from murder by a mob .stands in marked contrast with that of 

Governor Lowry who bore with patient fortitude the slaughter of ne- p:roes at Yazoo City~ Carrollt-0n, and Wahallak, but grew frantic with 

rage because two prize-fighters had a fair fist fight in Mississippi. 

John Marshall Stone is displaying the same courage as governor that 

he did as a soldier when he led his regiment in the charge at Gettysburg. The true condition of affairs in Mississippi is well expressed by 

two witnesses in this case, one a Republican and the other a Democrat, one a negro and the other a white man. The old negro, Henry Wood, 

had been the slave and trusted servant of a Southern gentleman, and, 

after telling about the frauds of Olive Branch, he said: 

A gentleman never does nothing dirty, but he puts out his money and gets 

these dirty-handed men to handle dirt for him; he never does not bing dirty himself. 

The other, A. S. Buchannan, a witness and attorney for contestee, 

said: 

If a.s a tax-payer in ~1ississippi the two alternatives were presented to me, of 

being ruined by taxation or having some other fellow besmirch bis conscience 

by ballot-box-stuffing, I would not interfere to prevent the success of the Demo- cratic party by that little game on the retail plau. But al had to take the oath o f office and perjure myself in order to procure the triumph of the Democratic 

party, I'd let the party go to the devil. 

An honest man may well ask whether the Democratic 'Party is not 

already going to the devil as tast as it can, -and taking the State of 

Mississippi with it, when it is thus admitted that it owes its triumph 

to ballot-box-stnffing. It is a fearful thing to contemplate when a young lawyer and ex-member of the Legislature will thus answer under 

oath that he would not interfere to prevent it if some other fellow 

would besmirch his conscience with ballot-box-stuffing to procure the success of the Democratic party. The ballot-box is to the political 

body what the heart is to the physical body; it is the fountain of life. 

Its pulsations send health and strength throughout the whole system. 

To poison or pollute that fountain is to bring disease, decay, and death 

to the man or the nation. 

Tbe man who steals a vote or stuffs a ballot-box will some day steal 

money, and the party which owes its triumph to ballot-box-stuffing 

will sooner or later end in ruin i:md disgrace. When yellow-fever was scourging our people and when the plague was destroying our cattle, 

national aid was invoked and national laws were enacted to arrest 

those diseases. And the true friends of the 8outb are those who are now asking for national election lawa to arrest this fearful disease of 

ballot-box-stuffing before it is too late. The worst enemies of the 

South are those who for any cause, whether it be the lust of office, a 

thirst for power, or a fanatical belief that fraud and violence are justi· 

fiable to suppress negro votes, are arousing the passions and prejudices 

ofour young men and seducing them to do what no jlentleman would 

do himself. 

When, as a Republican candidate for governor, I was to address the 

people at Okalona, boys were sent to my hotel at night to hoot at me, 

with arms in their bands. The boys of to-day are to be the ru1ers of 

to-morrow, and a man can commit no greater crime than the seduction 

of youth from the path of honor and virtue. And yet we see men in 

Mississippi encouraging the boys to do what they are ashamed to do 

themselves. When dirty political work is expected to be done the boys are called upon to do it. 

When grown men desired to prevent me from speaking in Columbus, 

Miss., as a Republican candidate for governor, ku klux hand-bills were scattered in the streets: 

BOYS TO THE FROXT. 

The devil will be in town to-day and he must be watched. 

The women and children of the town must be protected! 

By order of 

BIG 100. CoLUMBUS, l'!IISS., October 3, 1889. (Excelsior Book and Job Printing Establishment., Columbus, l'lliss.) 

Sir, in the olden time, when the women and children of Mississippi were supposed to be in danger, it was the men who went to the front. 

Most of them went as I did, at the first call to arms; some waited like 

my opponent, until the conscript law was about to take effect, but th&y 

went. They did not skulk behind and call on the boys to defend their 

families. But a dtsastrous change seems to have come over some of 

them now. When Byron stood on Salamis, and contrasted the heroes 

of Marathon and Thermopyl::e with the degenerate Greeks around him 

he said: •"Tis Greece, but Ii ving Greece no more." 

Mr. Speaker, I have loved the old-time gentlemen in Mississippi, 

and I love and honor their memory still. In my last canvass I went 

to Holly 8prings, the home of my childhood, to make a speech. I 

entered the town by the same road that I traveled forty-nine years before, when I went there with my father to reside. As I went up the 

hill I saw the old tavern, which was then one of the handsomest house& 

in the town. In a little valley east of it were then five beautiful 

springs with holly trees around them, which gave its name to the 

town. The bright green leaves and red berries of the holly trees and 

the pure waters of the gushing springs made a beautiful plaee of resort 

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CONGRESSIONAL RECORD-HOUSE. AUGUST 18, 

where I had often played in my childhood. The old tavern was now in 

ruins, its shingles were rotten, and its dormer windows, once the pride 

of its owner, were falling and decayed. 

The little valley beyond was filled up. The sands from the hillside had washed down into it, until the springs and holly trees were 

buried deep beneath them, and there is nothing'how to mark where 

they once had been. Before I made my speech, I read a. town paper, in which I was denounced as a traitor because I had become a Republican, and I said there then what I repeat here now. When 

men call me a traitor to party and principle I answer that the oldtime principles ·of the party I once loved are buried as deep as those 

springs and holly trees are buried beneath that sand, and that the 

ballot-box-stuffing leaders of Mississippi Democracy to-day are no more 

to be compared to the grand old men of that day than the things 

that crnwl in Sanders Taylor's old tavern are to be compared to the 

chivalric men who once trod its floors. 

REPUBLICANS Di MISSISSIPPI. 

In conclusion let me say, there are two old English songs with legends 

attached to them which fitly describe the position of Republicans in 

Mississippi. One is called "Jessie's Dream" and relates to the relief 

of the British at the siege of Lucknow. When the garrison had been 

besieged a long time and were almost exhausted with watching, waiting, and constant fighting, when the mines of the enemy were almost 

ready to be exploded under them, and when the fierce Sepoys, with 

savage delight., were hourlyex:pecting to annihilate them, it is said that 

a. young girl dreamed that she heard the music of the Highlanders coming to their rescue. Awaking with joy she rushed to the parapet to 

listen. She strained her eyes in every direction but could see nothing. 

She bent her ears to the waJl and listened in breathless silence until 

she heard in the distance the faint but familiar sound of the McGregor's 

slogan, when, wild with joy, she shouted, "We are saved; we are 

saved!" It is thus that the Republicans of Mississippi have listened 

for the coming of relief. When they heard the news that for the first 

time in fifteen years the Republicans had the President, the Senate, 

and the House of Representatives they took courage. When they heard 

the slogan of the Republican forces coming to the rescue of their friends 

in Arkansas and Alabama their hearts beat high with hope. 

The other song was "The Captive Knight," written by Mrs. Hemans, of a christian soldier imprisoned in a Paynim:s tower. He heard 

a trumpet sound, and looking through his prison barshesawthebright 

banners and glittering lances of the crusaders as they wound through 

the path beneath him. He called aloud for help. "Clarion cease, let 

the captive's voice be heard." But with hum of voices, clang of armor, 

and loud sounds of the '' wild clarion,'' his cries were unheard and 

the army moved by him. Then be said: 

They are gone, they have all passed py, They in whose wars I had borne my part, 

They that I loved with a brother's heart, 

They have left me here to die. 

If such is to be our fate; if the busy cares of those around me are to 

drown my voice and stifle my appeal; if we are to be left in the hands 

of the enemy, we can at least die like men, and our last prayer will be 

that the great party of progress under whose banner we have enlisted 

will march on to victory until we shall become the foremost industrial 

nation of the world, and free thought, free speech, and a free ballot 

shall be established from one end of this Union to the other. [Great 

applause on the Republican side.] 

M:r. DALZELL. I now demand the previous question. 

Mr. KELLEY. Mr. Speaker, pending that motion I desire to offer 

a resolution to recommit this ca.se with instructions. 

The question was taken on the demand for the previous question. 

TheSPEAKERprotempore(Mr. ALLEN, of Michigan). The ''ayes" 

have it, and the previous question is ordered. Pending the vote upon 

the substitute the gentleman from Kansas (Mr. KELLEY] offers the 

following resolution, which the Clerk will read. 

The Clerk read as follows: 

W'hereasthemajority report in this contested election case ofL. R.Cha.lmersvs. 

J.B.l\Iorgan says: "With respect to the other seven counties, there are a. number of boxes as to which no testimony was taken, but it may safely be affirmed that in not one of these counties, taken as a. whole, was the election an honest one. Fraud in various forms, including intimidation of voters, corrupt manipulation of registration, stuffing and stealing of ballot-boxes, and illegal voting, finds amole illustration in all of them:" Therefore, 

B e it resolved, That this case he recommitted to the Committee on Elections with instructions to reject from their count the unexamined boxes, as these seven counties are tainted by the general fraud here enumerated. 

Mr. CRISP. Who offered that resolution? 

The SPEAKER pro tempore. It was.offered by the gentleman from 

Kansas [Mr. KELLEY]. 

The question is on the motion of the gentleman from Kansas [Mr. 

KELLEY] to recommit this case to the Committee on Elections with 

instructions. · The question was taken; and tbeSpeakerprotemporeannounced that 

the "noes" seemed to have it. 

Mr. CHEADLE. I ask the yeas and nays on this question. 

The yeas and nays were ordered . 

The question was taken; and there were-yeas 31, nays136, not vot-

'ing 160; as follows: YEAS-31. 

Ad runs, Anderson, Kans. Bartine, 

Buchanan, N. J. 

Burrows, 

Cheadle, 

Dolliver, 

Dunnell, 

Featherston, 

Flick, 

Gear, 

Hansbrough, 

Hopkins, 

Houk, Kelley, 

Kennedy, 

Kerr, Iowa Laidlaw, 

Lodge, 

1\f cDuffie, 

Moore,N.H. 

Morey, 

Morse, 

Mudd, 

NAYS-136. 

Allen, Mich. Culberson. Tex. Andrew, Cummings, 

Bankhead, DaJzell, Bar wig, DibbJe, 

Bayne, Dingley, 

Bingham, Dockery, · Bland, Edmunds, 

'Bliss, Ellis, 

Blount, Enloe, 

Boothman, Evans, 

Breckinridge, Ark. Farquhar, 

Breckinridge, Ky. Forman, 

Brookshire, Forney, 

Brosius, Fowler, 

Brown, J.B. Gest, 

Brunner, Grimes, 

Buckalew, Grosvenor, 

Burton, Hall, 

Butterworth, Hatch, 

Bynum, Haugen, 

Caldwell, Hayes, 

Cannon, Haynes, 

Carlton, Henderson, Ill. 

Caruth, Henderson. N. C. Ca.swell, Hermann, 

Catchings, Hill, 

Chipman, Hitt, 

Clarke, Ala. Kerr, Pa. Clements, Ketcham, 

Comstock, Kinsey, 

Conger, Lacey, 

Connell, La. Follette, 

Craig, Lane, 

Crisp, Lanham, 

Lawler, 

Lester, Ga. Lewis, 

Maish, 

l\lcClammy, 

McClellan, 

McCreary, 

McMillin, 

McRae, 

Moffitt, 

Montgomery, 

Moore, Tex. Nort-0n, 

Oates, 

O'Donnell, 

O'Ferrall, 

0' Neill, Pa. Osborne, 

Owens, Ohio 

Paynter, 

Peel, 

Penington, 

Post, 

Price, 

Quinn, 

~!a.Iowa Reilly, 

Richardson, 

Rife, 

Robertson, 

Rogers, 

Rowell, 

Rowland, 

NOT VOTING-160. 

Abbott, Cothran, 

Alderson, Covert, 

Allen, Miss. Cowles, 

Anderson, Miss. Crain, 

Arnold, Culbertson, Pa. Atkinson, Pa. Cutcheon. 

Atkinson, W. Va. Dargan, 

Baker, Darlington, 

Banks, Davidson, 

Barnes, De Haven, 

Beckwith, De Lano, 

Belden, Dickerson, 

Belknap, Dorsey, 

Bergen, Dunphy, 

Biggs, Elliott, 

Blanchard, Ewart, Boatner. Finley, 

Boutelle, Fitch, 

Bowden, Fithian, 

Brewer, Flood, 

Brickner, Flower, 

Brower, Frank, 

Browne, T. ~I. Funston, 

Browne, Va. Geissenhainer, 

Buchanan, Va. Gibson, Bullock, Gifford, Bunn, Goodnight, 

8!~~~~Ga. g~~~~~alge, Candler, Mass. Hate, 

Carter, Harmer, 

Cheatham, Heard, 

Clancy, Hemphill, 

Clark, 'Vis. Henderson, Iowa Clunie, Herbert, 

Cobb, Holman, 

Cogswell, Hooker, 

Coleman, Kilgore, Cooper, Ind. Knapp, 

Cooper, Ohio Lansing, 

So the resolution was rejected. 

During the roll-call 

Laws, 

Lee, 

Lehlbacb, 

Lester, Va. Lind, 

Magner, 

Mansur, 

Martin, Ind. 

Martin, Tex. l\Iason, 

McAdoo, 

McCarthy, 

l\lcComa.s, 

McCord, 

McCormick, 

l\foKenna, 

McKinley, 

Miles, 

Milliken, 

Mills 

Moria.n, 

Morrill, 

:Morrow, 

Mutchler, 

Nute, 

O' Neall,Ind. 

O'Neil, l\Iass. 

Outhwaite, 

Pu.rrett, 

Payne, 

Perkins, 

Perry, 

Peters, 

Phelan, 

Pickler, 

Pierce, 

Pugsley, 

Quackenbush, 

Randall, 

Reyburn, 

Niedringhaus, 

Owen, Ind. 

Payson, 

Raines, 

Ru sell, 

Turner, Kans. Vandever. 

Saye , Scull, 

Sherman, 

Shively, 

Skinner, 

Smith, Ill. 

Snider, 

Springer, 

Stewart1 Tex. Stockbridge, 

Stockdale, 

Stone, Ky. 

Stone, Mo. Struble, 

Sweney, 

Tarsney, 

Taylor,E. B. Thomas, 

Tillman, 

Turner, Ga. 

Turner, N. Y. Walker, 

Wallace,N. Y. 

Wheeler, Ala. 

Whiting, 

Wiley, 

Wilkinson, 

Willcox, 

Williams, Ill. 

Willia.ms, Ohio 

Wilson, Mo. Wilson, Wash. 

Wilson, W. Va. Yardley. 

Rockwell, 

Rusk, 

Sanford, 

Sawyer, 

Scranton, 

Seney, 

Simonds, 

Smith, W. Va. Smyser, 

Spinola., 

Spooner, 

Stahlnecker, 

Stephenson, 

Ste.wart, Ga. Stewart, Vt. 

Stivers, 

Stump, 

Taylor, Ill. 

Taylor, J. D. Taylor, Tenn, 

Thompson, 

Townsend, Colo. 

Townsend, Pa. 

Tracey, 

Tucker, 

Van Scha.ick, 

Vaux, 

Venable, 

Waddill, 

Wade, 

Wallace, Mass. 

Washington, 

Watson, 

Wheeler, Mich. 

Wbitthorne, 

Wickham, Wike, 

Wilson, Ky. Wright, 

Yoder. 

Mr. LA FOLLETTE said: I ask unanimous consent that the resolution may be again reported. 

The SPEAKER pro tempo1'e. The roll-call can hardly be interrupted with the reading of the resolution. The resolution is to recommit this case to the Committee on Elections. 

Mr. LA FOLLETTE. With instructions or without instructions ? 

The SPEAKER pro tempore. If there be no objection the Clerk 

will report the resolution again. 

:Mr. LA FOLLETTE ~a.id: I ask unanimous consent that the resolution be reported. 

There was no objection. 

The resolution was again reported. 

The following pairs were announced: 

Until farther notice: 

Mr. w ATSON with Mr. McADOO. 

Mr. TUCKER with Mr. GREENHALGE. 
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1890. CONGRESSIONAL RECORD-HOUSE. 8767 

1\fr. EWART with Mr. STUMP. 

Mr. WICKHAM with Mr. BUNN. 

Mr. v AN SCHAICK with Mr. p ARRETT. 

Mr. TOWNSEND. of Colorado, with Mr. GOODNIGHT. 

Mr. LEHLBACH. with Mr. COTHRAN. 

Mr. AB.NOLD with Mr. MAGNER. 

Mr. SCRANTON with Mr. STAHLNECKER. 

Mr. PETERS with Mr. MANSUR. 

Mr. GROUT with Mr. FITCH. 

Mr. COOPER, of Ohio, with Mr. MAISH. 

Mr. BOr!JGs~LE with Mr. HERBERT. 

Mr. ~ --"LL with Mr. O'NEIL, of Massachusetts. 

Mr. RANDALL with Mr. SPINOLA. 

Mr. THOMAS M. BRO\Vl\TE with Mr. w ASHINGTON. 

Mr. BAKER with Mr. Eu~IOTT. 

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

Mr. DORSEY with Mr. MARTIN, of Texas. 

Mr. DE HA VEN with Mr. BIGGS. 

Mr. McKINLEY with Mr. MILLS. 

Mr. w ADDILL with Mr. HEMPHILL 

Mr. McCORMICK with 1\Ir. COWLES. 

Mr. WII.-SON, of Kentucky, with Mr. PERRY. 

Mr. SPOONER with Mr DARGAN. 

Mr. BANKS with Mr._ BUCHANAN, of Virj?inia. 

Mr. Mc.KENN.A. '*ith Mr. CLUNIE. 

Mr. CLARK, of Wisconsin, with Mr. WIKE. 

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. STEPHENSON with Mr. DAVIDSON. 

l\ir. LIND with Mr. PIERCE. 

Mr. NUTE with Mr. BARNES. 

Mr. STEW.A.RT, of Vermont, with Mr. BLANCHARD. 

Mr. PERKINS with Mr. KILGORE. 

Mr. SMYSER with Mr. SENEY. 

Mr. FINLEY with Mr. CANDLER, of Georgia. 

Mr. WRIGHT with Mr. GEISSENHAINER. 

Mr. ATKINSON, of West Virginia., with Mr. ALDERSON. 

Mr. TOWNSE1'TJJ, of Pennsylvania, with Mr. MARTIN, of Indiana, ex- cept the A.tkinson railroad bill. 

Mr . .MILLIKEN with Mr. ABBOTT. Mr. MILLIKENresenes theright 

to vote to make a quorum and the right to vote on the original-package bill. 

Mr. BECKWITH with Mr. CAMPBELL 

Mr. PICKLER with Mr. BOATNER. 

Mr. CULilERTSON, of Pennsylvania, with Mr. Y AUX. 

Mr. CoLE~AN with Mr. ORA.IN. 

Mr. HARMER with Mr. LEE. 

Mr. BELKNAP with Mr. ANDERSON, of Mis.sissippi. 

Mr. WHEELE~, of Michigan, with Mr. COBB. 

Mr. BOWDEN with Mr. McCARTHY. 

Mr. BROWNE, ofVirginia, with Mr. LESTER, of Virginia.. 

Mr. McCo s with Mr. GrnsoN. 

Mr. MORROW with Mr. WHIT'.rHORNE. 

Mr. Jo EPH D. TAYLOR with Mr. YODER. 

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

Mr. ATKINSON, of Pennsylvania, with Mr. HEARD. 

Mr. HENDERSON. of Iowa, with .Mr. OUTHW.A.ITE. 

Mr. BREWER with Mr. HOOKER. 

Mr. GIFFORD with Ur. HARE. 

Mr. RERGEN with ]\fr. VENABLE. 

Mr. FARQUHAR with Mr. CLANCY, on all election cases. On this vote: Mr. 8.MITH, of West Virginia., with Mr. MUTCHLER. 

Mr. MILES.with Mr. HOLMAN. 

For various periods: 

Mr. REYBUR~ with Mr. TRACEY, until Tuesday next. 

Mr. MASON with Mr. BULLOCK, until August 19. 

Mr. CUTCHEON with Mr. BRICKNER, for this day. 

Mr. STIVERS with Mr. COVERT, until Friday next. 

Mr. LEE. I am paired with the gentleman from Pennsylvania [Mr. 

HAR:UER]. Ifhe were present I would vote" nay." 

Mr. VEN A.BLE. I desire to withdraw my vote, as I am paired. If 

not paired, I should vote "nay" on this question. 

On motion of Mr. ROWE LL~ by unanimous consent, the recapitnJ~ 

tion of the vote was dispensed with. 

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

The SPE.!.KER pro tempore. The question recurs upon the substitute which the Clerk will read. 

l\Ir. HOUK. I call for a division of the substitute. 

The SPEA.KER pro tempore. The substitute admits of division. 

The Clerk read as follows: 

Resolt>ed, That James B. Morgan was not elected a Representative in the 

'· . I • 

Fifty-first Congress from the second Congressional district of Mississippi, and is not entitled to a seat therein. 

Mr. HOUK. 

and nays. 

I ask for a vote on that resolution and call for the yeas 

The question was taken on ordering the yeas and nays. 

The SPEAKER pro tempore. Eleven gentlemen have risen-not a · 

sufficient number; and the yeas and nays are refused. 

Mr. CHEA.DLE. The other side, Mr. Speaker. . The SPEAKER pro te:m.pore (after counting the other side). On this 

question there are 104 in the negative; and the yeas and nays are re- fa.sed. 

Mr. DUNNELL. How many were there in the affirmative? 

The SPEAKER pro tempore. Eleven. The question is on the adoption of the resolution. 

The question was put; and the Speaker pro temp ore announced that 

the "noes" seemed to have it. 

Mr. HOUK. I demand tellers. I demand tellers on the question 

of ordering the yeas and nays. [Cries of "Too late ! "] 

Mr. CRfoP. Why, we have Yoted on the resolution. We have just 

voted on the substitute. 

Mr. HOUK. The gentleman from Indiana on this side demanded 

the other side, and the Chair announced that side, and there has been no vote on the resolution. 

The SP EA.KER pro tempore. The question was upon the adoption of ' 

the resolution. The yeas and nays had been refused. Then the affirmative was put, and the vote was taken on that proposition. 

Mr. HOUK. But I was demanding tellers all the time that you were proclaiming the result. [Laughter.] 

The SPEAKER r>ro tempore. The Chair, of course, will conform to 

the statement of the gentleman from Tennessee. 

1'Ir. HOUK. I demand tellers on the adoption of this resolution. 

The question was put. 

The SP EA.KER pro tempore. Eleven gentlemen have arisen in support of the demand. Not a sufficient number, and tellers are refused. 

Mr. DALZELL. Regular order. 

The SPEAKER. The question is upon agreeing to the substitute. 

The question was put; and there were-ayes 11, noes 102. 

Mr. CHEADLE. No quorum. 

The SPEA.KER. The gentleman from Indiana makes the point that no quorum is present.. [After counting.] One hundred and sixty-six 

members are present-a quorum. The noes have it, and the substitute is rejected. 

The question is on the second branch of the substitute, which the 

Clerk will read. 

The Clerk read as follows: 

R esolved, That James R. Chalmers was elected a Representative in the Fifty first Congress from the Second Congressional district of Mississippi, and is en- titled to a seat therein. 

The question was taken on the adoption of the rQSolution, and the 

Speaker declared that the noes seemed to have it. 

Mr. CHEADLE. I ask for a division. 

The House divided; and there were-ayes 15, noes 115. 

Mr. CHEADLE. No quorum. 

The SPEAKER. The Chair has just found a quorum present. 

Mr. CHEADLE. I make the point that no quorum ha.9 voted and 

that there is no quorum present. 

The SPEA.KER. The point that there is no quorum voting is a point that the Chair would overrule. [Laughter.] 

The SPEAKER (having counted the House). There are 167 mem- bers present, a quorum. The "nays" have it, and the resolution is not 

agreed to. The question is on the adoption of the resolution reported 

by the committee. · The resolution wa,s agreed to. 

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

The latter motion was agreed to. 

RAILROAD BRIDGES ACROSS THE MISSISSIPPI AT ST. PAUL. 

~fr. SNIDER. Mr. Speaker, I ask unanimous consent of the House 

to take up and put upon its passage Senate bill 2661 (which is a substitute for House bill 8457) to amend an act entitled "An act to au- thorize foot and carriage or railroad bridges across the Mississippi in 

St. Paul, in the State of Minnesota." 

The bill was read, as follows: 

Be it enacted, etc., That section 2 of an act entiMed "An act to authorize foot and carriag e or railroad bridges a cross the Mississippi River at St. Paul in the State of .:.\Iinncsota ," approved J uly 5, 1884, be amended so as t-0 read 'as fol· lows: 

" SEC. 2. That any bridge or bridges built under the provisions of this act may, by direction of sa id common council , be built as a draw-bridge with a pivot or other form of dra w or w ith unbro ken or continuous spans: .Provided That if said bridge or bridges s hall be built with unbroken and continuou~ spans it shall give a clear bead room of not less than f>5 feet above high-water 

mark, as the same shall be fixed and dete rmined by the Secretary of \Var over the main channel of said river. and the main span shall be over the malli. channel of the river and give a. clear width of water way of not less than 300 feet and the clear head room and clear width of water way given by other spans shall be such as in the opinion of the Secretary of War will best serve the interests of navigation, and the piers of said bridge shall be parallel, ai1 

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8768 CONGRESSIONAL REOORD-HOUSE . . AUGUST 18, 

near as may be, with the current of said river: .Ancl provided. also, That if any bridge or bridges, built under this act, shall be constructed as a draw-bridge, the same shall be constructed as a pivot draw-bridge, with a draw or draws over the main channel or channels of the river at a.ccessible and the best navigable point or points, and withs pans giving for each draw required a clear width 

of water way of not less than 160 feet on each side of the central or pivot pier; 

and all spans shall give not less than 10 feet clear head room above high-water rnar~, as determined by the Secretary of 'Var. and the piers of said bridge or bridges shall be parallel, as near as way be, with the current of the river where 

said bridge or bridges may be erected: And provided, also, That said draw or draws shall be opened promptly upon reasonable signal for the passage of 

boats, yessels, or other water-craft: Prov1ded, however, That no bridge or bridges 

shall be built under the provisions of this act except· upon I.he condition that 

there also be built at the time of erection of the piers, or whenever the same be neces mry, proper sheer-booms or other proper structures to safely guide boats, 

Yessels, rafts, and other water-crafts through said spans and at the expense of 

the city of St. Paul, or of the persons or corporation constructing. owning, or operating said bridge." SEC. 2. That the right to alter, amend, or repeal this act, whenever in the 

opinion of Congress the public interests shall so require, is hereby expressly 

reserved. 

The SPEAKER. Is there objection to the request of the gentleman 

from Minnesota t.ha.t this bill be now considered? 

There was no objection. 

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

the third time, and passed. 

Mr. SNIDER moved to reconsider the vote by which the bill was pas.sed; and also moved that the motion to reconsider be laid on the 

table. 

The latter motion WllS agreed to. 

The House bill (H. R. 8457) for the same purpose was laid on the 

table. 

TUNNEJ ... UNDER THE DETROIT RIVER. 

Mr. CHIPMAN. l\fr. Speaker, I ask unanimous consent to put upon 

its passage the bill (H. R. 8146) to authorize the construction of a tunnel under the Detroit River. 

The bill was read, as follows: 

Be it enacted, etc., That the Detroit. Railroad nnd Tunnel Company1 a. corpora- tion duly organized and existing under the laws of the State of l\I1chigan, its successors or assigns, be, and is hereby, authorized to construct and maintain a tuunel and approil.ches thereto under the Detroit River, between the city of 

Detroit, State of Michigan, and Canada, in the Province of Ontario. Said tun- nel shall be constructed to provide for the passage of railway trains and steam- cars for such reasonable rates of toll or cha1·ges per car and under such reason- able rules and regulations as may be prescribed by said corporation, its suc- cessors or assigns. 

SEc. 2. That any tunnel built under this act and subject to its limitations shall 

be a lawful structure, aud shall be recognized and known as a post-route, upon which al!!o no higher charge shall be ma.de for the transmission through the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for the transportation over the railroads or public highways leading to the said tunnel, and it shall enjoy the rights and privileges of other postrol\ds in the United States; and the United States shall have the right of way through said tunnel and its approaches for postal-telegraph purposes. SEC. 3. That no tnnnel shall be constructed or maintained under the authority of this act which shall at any time substantially or materially obstruct the 

free navigation of Jaid river, and it any tunnel constructed under such authority shall, in the opmiou of the Secretary of \'Var, obstruct such naviga~ion he 

is hereby authorized to cause such alteration of said tunnel to be made as will 

effectually obviate such obstruction, and all such alterations shall be made and 

all such obstructions shall be removed at the expense of the owner or owners of 

said tunneJ, and in case of nny litigation arising from any obstruction or alleged obstruction to the free na¥igo.tion of said river. ca.used or alleged to be caused by said tunnel, action may be brought in the district court of the United 

States for the eastern district of Michigan in which such obstruction may be located: Provided, That nothing in this act shall be so construed as to repeal or modify any of the provisions of the law now exi.c;ting in reference to the pro- tection of the navigation of rivers, or to exempt this tunnel from the operation 

of the same. SEC. 4. Thatallrailroadcompaniesdesiringthe use of said tunnel sha.11 have and 

be entitled to equal rights and privileges relative to the passage of railroad trains 

through the same and through the approaches to the same, upon the payment 

of a reasonable compensation for such use; and in case the owner or owners of 

said tunnel and the several railroad companies, or any one of them, desiring such use shall fail to agree upon the sum or sums to be paid, and upon the rules 

and conditions to which each shall conform in using said tunnel, all matters at is!Jue between them shall be decided by the Secretary of 'Var upon a. hearing of the allegat.ions and proofs of the parties. SEC. 5. That th is act shall be null and void if actual construction of the tunnel 

herein authorized be not commenced within one year and completed within 

five years from the date thereof: Proi:ided, That no work shall be done under 

tl:us a.ct in the construction of said tunnel until the designs, plans. and specifications shall have been submitted to the Secretary of War and shall have been 

approved by him and his certificate attached thereto, certifying that such tunnel 

will not form any obstruction whatever to the navigation of said Detroit River. 

The SPEAKER. Is there objection to the preSent consideration of 

this bill? . There was no objection. 

The committee recommended the following amendments: 

Section 1, line 5, after "l\Iichigan," insert "or." Same line, after "successors," strike out" or assigns." 

Add the following at the end of the bill: 

"SEC. 6, That the right to modify, amend, or repeal this act, or any part thereof, 

is hereby reser\ed. " 

The amendments were agreed to. 

The bill as amended was ordered to be engrossed and read a third time; 

and being engrossed, it wns accordingly read the third time, and passed. 

Mr. CHIPMAN moved to recousider the vote by which the bill was 

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

table. 

The latter motion was agreed to. 

PORT OF DELIVERY, LINCOLN, NEBR. 

Mr. CO~""ELL. Mr. Speaker, I ask unanimous consent to take up 

the bill which I send to the Clerk's desk, being the bill (S. :U27) amending an act entitled "An act to constitute Lincoln, Nebr., a port of delivery." 

Mr. McCOMAS. I ask for the regular order. This is suspension 

day. 

Mr. CONNELL. I hope the gentleman will withdraw that demand 

for a moment. 

Mr. McCOUAS. I am very sorry to have to object, but this is sus- pension da.y and we ought to have the regular order. However, I will 

withdraw the demand in this case, but I give notice th~~l insist 

upon it hereafter. 

Mr. CONNELL. I am much obliged to the gentleman. 

The bill was read, as follows: 

Be it enacted, etc,.. That the act approved October 19, 1888, entitled ".An act ta constitute Lincoln, Nebr., a port of delivery, and to extend the provisions of 

the act of June 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 Lincoln," be, and the same is hereby, amended so as to read as follows: 

"That Lincoln, in the Stat.a of Nebraska, be, and is hereby. constituted a pod. 

of delivery in the customs-collection district of New Orleans. and that the priv• 

ileges of the seventh section of the act approveJ June 10, 1880, entitled 'An ac• to amend the statutes in relation to immediate transportation of dutiable 

goods, and for other purposes,' be, and the same are hereby, extended to said 

port. And that there shall be appointed at said port a surveyor, with compen• 

sation at the rate of $1,200 per annum. with the usual fee, o.nd commissions." 

The SPEAKER. Is there objection to the present consideration of 

this bill? 

There was no objection. 

Mr. CONNELL. Mr. Speaker, there is an amendment reported l>y 

the committee, reducing the 8alary from $1,200 to $900. 

The amendment was agreed to. 

The bill as amended was ordered to be engrossed and read a third time; 

and being engrossed, it was accordingly read the third time, and passed. 

Mr. CONNELL moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the 

table. · 

The latter motion was agreed to. 

CLAYTON VS. BRECKINRIDGE. 

l\Ir. MAISH, from the Committee on Elections, submitted the views 

of the minority in the case of Clayton 'l's. Breckinridge, which were ordered to be printed. ORDER OF Bl;SINESS. 

Ur. ELLIS and Mr. HATCH addressed the Chair. 

Mr. 1\IcCOMAS. Regular orde1·. 

The SPEAKER. The gentleman from Maryland calls for the regu· 

lar orde.r. 

Mr. HATCH. I hope the gentleman will withdraw that and let us 

even up a. little bit. I have here a Senate bridge bill which is very 

important, and as two bills from the other side have already been 

passed, I ask the gentleman to withdraw his demand. 

Mr. McCOMAS. I will withdraw the demand in order to let the 

gentleman "even up;" bnt after that I must insist upon the regular 

order. 

Mr. ELLIS. Mr. Speaker--

Mr. HATCH. Mr. Speaker--

The SPEAKER. The Chair recognizes the gentleman from Ken4 

tncky [Mr. E.LLIS]. [Laughter.] 

BRIDGE OVER GREEN AND BARREN RIVERS, KENTUCKY. 

Mr. ELLIS. Mr. Speaker, I ask unanimous consent to take up and 

put upon its passage the bill lH. R. 11241) to authorize the Chicago, 

Henderson, Bowling Green and Chattanooga Railway Company to cone struct a. bridge over Green and Barren Rivers, in the State of Kentucky. 

The bill was read, as follows: 

Be it enacted, etc., That the Chicago, Henderson, Bowling Green and Chattn· nooga Railway Company, organized under an act of the General Assembly of 

the Commonwealth of Kentucky, be, and is hereby, authorized to construct and maintain one or more bridges, and the approaches thereto, over Green 

River and Barren River, in the State of Kentucky, at such points as said com- pany may deem suitable for the passage of its said road over said rivers. Sa.id 

bridges shall be constructed to provide for the passage of rail way trains and, at the option of the corporation by which they may be built, may be used for the passage of wagons and vehicles of all kinds, and for foot-passengers. SEO. 2. That any bridges built nuder tbis a.ct and subject to its limitations 

shall be lawful structures1 recognized nnd known as post-routes, and they shall 

enjoy the same rights a.nu privileges as other post-reads in the United States. 

Equal privileges in the use of said bridges shall be granted to all telegraph and 

telephone companies, and the United States shall have the right of way across said bridges and their approa.ches for postal-telegraph purposes. SEC. 3. '£hat all railroad companies desiring the use of said bridges shall have 

and be entitled to equal rights and privileges relative to the pnssag-e of railway 

trains over the 1:1ame, and ove1· the approaches thereto, upon the payment of a. reasonable compensation for such use; and in case the owner or owners of said 

bridges and the several railroad companies, or any of them desiring such use, shall fail to agree upon the sum or sums to be paid, and upon rules and conditions to which each shall conform in using said bridges, all matters at issue be- tween them shall be decide I by the Secretary of War upon a hearing of the allegations and proofs of the parties. SEO. 4. That any brid.ires authorized to be constructed under this act shall bo 

built and located under and subject to such regulations for the security of the 

navigation of said river as the Secretary of War shall prescribt>, and to secuu 
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1890. CONGRESSIONAL RECORD-HOUSE. 8769 

that object the said company or corporation shill submit t.o the Secretary of War, Ur. BRECKINRIDGE, of Kentucky. My recollection is that a sec- for his examination and approval, a design and drawing of the bridges and a d h db d d map of the Jocation thereof, and until the said pJan and location of the bridges on a een eman ed on the motion to suspend the rules, and that are approved by the Secretary of War the bridges shall not be commenced or no quorum bad voted. I ask that the bill be read. 

built.; and should any changes be made in the plan of said bridges during the The SPEAKER. The Chair will ascertain the position of tbe ques- progress of construction, such changes shall be subject to the approval of the tion. Meanwhile the bill will be read. 

Secretary of War; and said bridges shall be at all times so managed and kept as to offer l'easonable and pl'oper means for the passage of vessels through or under The Clerk read as follows: 

them; and,t-0securethesafepassageofvesselsatnighttheresJiallbedisplayed B ·t td l Th tth s t fth T be dh · h b on said bridges, from sunset to sunrise, such li~hts or other signals as may be autbo~iz~'t~~d'di~'ctedato P:Y ~rp~~ s. S:,e::!~~ any a!one~ ~ot ~~t_[r! prescribed by the Light-House Board; and all changes in said bridges required wise appropriated, the sum ofS5,668.40, in reimbursement of expenses necess&- by the Secretary of War at any time, or their entire removal, shall he at the ex- rily incurred in defense of his title to his seat as a. member of the Fiftieth Con- pense of the corporations or persons owning or operating said bridges. SEC. 5. That the right to alter, amend, or repeal this act is hereby expressly gress. reserved. The SPEAKER. The Clerk informs the Chair that on the motion to SEc. 6. That this act shall be null and void if actual constrnction of the bridges suspend the rules a second had been ordered, and that on agreeing to herein authorized be not commenced within one yeai· and complet-ed within the motion the point of no quornm was made. three years from the date hereof. SEC. 7. That all railroad companies desiring the use of said bridge shall have Mr. DOCKERY. Had there been debate? and be entitled to equal rights and privileges l'elative to the passage of railroad The SPEAKER. The Chair understands there had been. trains or cars over the same and over the approaches to the same upon the pay· Mr. DOCKERY. Then I ask unanimous consent th"t the report b .. ment of a. reasonable compensation for such use, r nd in cnse the owner or own- "' v 

ers of said bddge and the several railroad companies, or any one of them, de· read, so that we may have some information in regard to the bill. 

siring such use shall fail to agree upon the sum or sums to be paid, and upon The SPEAKER. Is there objection? the rules and conditions to which each shall conform in using said bridge, all Mr. McCOl\IAS. I understand that a second was ordered. matters at issue between them shall be decided by the Secretary of War upon a bearing of the allegations and proofs of the parties. The SPEAKER. A second was ordered, and the question is now on 

The SPEAKER Is there objection to the present consideration of agreeing to the motion to suspend the rules. The gentleman from 

this bill? Missouri [Mr. DOCKERY] asks that the report be read. Is there ob· 

Mr. GROSVENOR. :M:r. Speaker, I should like to inquire whether jection? 

this bill has been considered by the Committee on Commerce. l\Ir. McCO:MAS. I object to the consumption of time. 

Mr. ELLIS. It bas been considered and favorably reported by that l\ir. GROSVENOR. I understand that the report is a long one. committee. l\Ir. DOCKERY. Then perhaps some gentleman can state the purMr. GROSVENOR. As I heard the bill read there appeared to be port of the proposition. It seems to me the House ought to underno provision in it requiring the submission of the plans to the Secretary stand the effect of the bill. 

of War. The SPEAKER. The Chair suggests that as so much time has 

Mr. ELLIS. 'l'here is, I think, a provision in the bill to that effect. elapsed since the bill wa.s under consideration it would be wise to have 

At all events, the bill has been considered hy the Committee on Com- , the. report read. . . . merce and favorabJy reported. Mr. DOCKERY. I hope ther~ w~l be no ObJeCb?n· 

Mr.' GROSVENOR. Is there a report accompanying the bill? I The S!'EAKER. Is there objection to the readmg of the report? 

Mr. ELLIS. Yes, sir; there is a report, which can be read if the The Chau hears none. . . gentleman desires. The report of the Committee ou Claims (by Mr. BOOTHMAN) was read, 

Mr. GROSVENOR. I do not ask for the rnading of the report. as follows: 

The point I made was that there did not seem to be any provision for The Committee on Claims, to whom was referred tile bill (H.R.2751) for the 

snbmittina the plan of the bridge to the War Department. i·elief of PHILIPS. PoST, having had the same under consideration, report it back r- and recommend its passage. llir. ELLIS. There is such a provision. This bill was favorably reported from the Senate and House committees o(the 

Mr. GROSVENOR. That is satisfactory. Fiftieth Congress, and your committee beg leave to adopt the latter report as its 

The bill was ordered to be engrossed and read a third time; and own. 

being engrossed, it was accordingly read the third time, and passed. 

Mr. ELLIS moved to recoDBider the vote by which the bill was passed; and also moved that the motiqn to reconsider be laid on the 

table. 

The latter motion was agreed to. 

MESSAGE FROU TilE SENATE. 

A me~snge from the Senate, by Mr. McCooK, its Secretary, announced 

that the Senate had passed the following concurrent resolution; in which 

concurrence was requested: 

Raolredby theSenate(the House of Rep1·ese11tatives co11curring), Tha.t3,000copies of the 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. 

The message also announced that the Senate had agreed to the amendment of the House to the joint resolution (S. R. 71) directing the Librarian of Con~ress, the Librarian of the Senate, the Librarian of the 

House of Representatives, and the librarian of the Department of Justice, 

respectively, to deliver extra or duplicate copies of law hooks to the 

law department of Howard University. 

The message further announced that the Senate had passed without 

amendment bills of the following titles: 

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

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

The message further announced tbat the Senate agreed to the report 

of the committee of conference on the disagreeing votes of the two 

House..<i on the amendment..s of the Senate to the bill (H. R. 6454) t-0 es- tablish a national military park at the battle-field of Chickamauga.. 

The message further announced that the Senate insists on its amendments to the bill H. R.11380, disagreed to by the Honse, and agrees 

to the request for a conference, and bad appointed 1\Ir. ALLISO:N, Mr. 

DA WES, and Mr. COCKRELL conferees on the part of the Senate. 

The message further announced that the Senate had passed, with 

amendments in which concurrence was requested, the bill (H. R. 9486) 

making appropriation for the construction, repair, and preservation of 

certain public works on rivers and harbors, and for other purposes. 

PHII.IP S. POST. 

Mr. l\IcCO;\fAS. Now, l\Ir. Speaker, I demand the regular order. 

The SPEAKER. The unfinished business pending--

Mr. McCOMAS. I understand that this is the day for committee 

motions to suspend the rules. 

The SPEAKER. There is a motion pending as unfinished business 

under that order, a motion to suspend the rules and pass the bill (H. 

R. 2751) for the relief of PHILIP s. POST. 

Mr. DOCKERY. Let the bill be read. 

XXL-549 

• j 

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[House Heport No. 4080, Fiftieth Congress, second session.] 

The Committee on Claims to whom was referred the bill (H. R. ll481) for the relief of PHILIP S. POST, ha ,1ng had the same under consideration, report it back and recommend its passage. This is a bill to reimburse PHILIPS. PosTfor expenses necessarilvincurred as a contestee in an election contest before the Fiftieth Congress. • The vouchers, duly sworn to, filed with the Committee on Elections, show that the amount actually and necessarily paid by the said POST was $>,668.40 in ex- cess of the a.mount which the Committee on Elections could, under the rules, 

report for allowance in an appropriation bill. 

Notarial, couetable, and witness fees, record evidence, printing briefs, and other expenses required by law, exclusive of attorneys' fees ....... $3, 598. 40 Attorneye' fees in taking evidence, 329 days............. . .. .... ......... .. . ...... ... 3, 154.. 00 Preparing answer, preparing briefs, argument beforo Elections Com- mittee1 and attorneys' traveling expenses to Washington................. 925.00 

Total .............................................................................................. 7,688.40 

'l'he facts in the case were fully stated to the House on the 22d of .June, 1888, 

(Co::rnRESSIONAL RECORD, pnge 5979), by Mr. ROWELL, a member of the Com- mittee on Elections, ns follows: 

l\Ir. ROWELL. I offer the further amendment which I send to the desk. The CLERK read as follows : •·After' P.S. Posr,' strike out' $'2,000' and insert' 87,668.40.'" 

:\Ir. RANDALL. That is subject to the point of order, of course. Mr. Cru.sP. And I raise the point of orde\" upon it. 

1\Ir. ROWELL. Under the law, I admit, Ml'. Chairman, that we a.re limited to the expense of $2,000 in each of these cases, unless Congress, in the act making the appropriation, shall see proper to exceed that sum by making a special ex- ception. 

Now, thi.! case illustrates the necessity of an exception. The legal, notarial, and office charges, in exact accordance with the law in this case, a.mounted to Sl,155.70. The legal constable's fees, charged up in exact accordance with the law, amounted to $501.55. For witness fees, ascertained exactly in the same manner, and paid in accol'dance with the law, $6.56.10 were paid. The record evidence, cost of copying, 5l9i.65; printing the brief, f266.75; making a. total of $2,774.75 of fees provided by statute where this evidence was taken, and re- quired t-0 be paid by the law; with other exoenses not included in preparing and taking evidence, exclnsive of attorneys' tees, of $823.65, making an expense on the pa.rt of this contestee, exclusive of attorneys' fees, of $3,598.40. This does not include a single dollar of the attorneys' fees. The attorneys were engaged in taking testimony for three hundred and twenty-nine days, engaged at the same time in four different counties, and sometimes in two or three dif- ferent places, without preparing an argument, without preparing the answer, without arguing the case before the committee. I repeat, they were employed for three hundred and twenty-nine days, for which o. payment was made of SS, 144, or less than 310 per day. For the preparation of the brief, which is a very elaborate and very comprehensive document, the charge was only 8375, whereas the ordinary charge of the attorneys of this city in such cases would not be less than $1,000, and for arguing the case before the Committee on Elections the charge was only $9..50. All these aggregate the sum which I have proposed in the runendment, and which was actually expended in the case. [Here the hammer fell.] 

The question being takeQ. on the motion to suspend the rules and 

pass the bill, there were on a division (called for by 1\Ir. ADAMS)-

ayes 42, noes 43. 

So the motion to suspend the rules was rejected. 

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8770 CONGRESSIONAL RECORD-HOUSE. AUGUST 18, 

The SPEAKER continued the call of committees until the Committee on Printing was reached. 

WAGES OF EMPLOYES IN GOVERNMENT PRIKTING OFFICE. 

Mr. RUSSELL. By instruction of the Committee on Printing, I 

move to suspend the rules and pass the bill (H. R. 8046) to revise the 

wages of certain employes in the Government Printing Office. 

The bill was read, as follows: 

Be it enacted, elc., That the rate of wages paid to printers, book-binders, and pressmen employed in the Government Printing Office shall be 50 cents per hour, the same rate as was paid prior to the 3d day of March, 1877; that for all exclusive night work (bet.ween the hours of 5o'clock post meridian ands o'clock ante meridian) performed by the above-named employ es au advance of 10 cents per hour over the above-named rate shall be pn.id; that for all piece-work on the CONGRESSIONAL RECORD 60 cents per thousand ems shall be paid. SEC. 2. That all acts and parts of acts conflicting herewith are hereby repealed. 

l\Ir. RUSSELL. In the Forty-fourth Congress, by a. provision of an 

appropriation bill to meet a deficiency iu the appropriation for Government printing the wages of compositors, pressmen, and binders in 

the Government Printing Office were limited to 40 cents an hour for 

time-work and the piece-work of compositors on the RECORD was 

limited to 50 cents per thousand ems, there being made no difference 

in price between the day and the night composition. This was a 

'Virtual reduction of 20 per cent. in the wuges of employes. 

The sessions of Congress immediately preceding had been extravagant in authorizing work nt the Government Printin~ Office, and an 

unusual and very probably an unnecessary, as has been the fact in later 

Congresses, amount of printing had been done. The result was the 

creation of a considerable deficiency in the appropriation for printing. 

The necessity for the passage of the deficiency appropriation bill aroused 

the spirit of economy, which dlrected itself, not to the cutting off ofextrarngant and unnecessary work, but to the wages of the workers. So, 

by the provision of the act of February 11, 1877, to take effect March 

4, following, the redaction of wages was made ill the Government 

Printing Office as I have stated. There happened about the same time 

to be a. general depression in trades throughout the country, and reduction of wages in 1877 was not uncommon among printers in private 

establishments. 

There was no resistance, beyond the considerable opposition developed in the House, to this reduction of wages. It was accepted by the 

Government's employe.s without severe criticism and in accord with 

the general business conditions then prevailing in the country. When, 

however, in 1879 and 1880 the wages of printers in private establil;>hments be_gan to be restored to rates paid prior to 1877, then the attention ot Congress was called to the reduction, which, by "a rider'' on 

its appropriation bill, had been made in the wages of employes in the 

Government Printing Office. The following table shows the increase 

or restoration IIJ.ade in wages of printers, time and piece work, between 

1880 and 1889 in the cities named: 

Cities. 

New York ............. w•••·· .. •••• ................................................. . 

Chicago .................................................................................. . ·St.Louis ................................................................................. . 

~fn~~r::::.~:.·::::::::::::::::::::::::::::::::::::::::::::::::::::.·:::::::::::: New Orleans .......................................................................... . Boston .............. ; .................................................................... . 

Per 1,000 Per ems. week. 

$).15 

.06 

.03 

.15 

.07 

.10 

.05 

$4.00 

2.00 

1. 00 4.00 

2.00 

3.00 

This statement of restored wages to printers in private establishments seemed to warrant a restoration of wages to the Government 

employes. Favorable committee reports for such restoration were 

made in the Forty-seventh Congress and in both sessions of the Fortyninth Congress. The Public Printers have indorsed the restoration, 

and the present bill proposes a return to the rates paid prior to :March 

4, 1877. The bill in its effect will be to create a general system of 

time instead of piece work in the Government Printing Office, rendering thereby possible a better or complete compliance with the provisions of the eight-hour law to which the Government is committed in 

till its bureaus of mechanical work, and which, injustice to the workers, 

should be as completely as practicable, much more than is now possible, 

adopted in the Government Printing Office. 

The bill further discriminates between night and day work, granting 

an increased rate for the former, which is a custom universally prevailing in all publishing and printing establishments in the country, the 

justice of which is apparent. This discrimination will do away with 

the call and necessity for extra. allowances, found in our appropriation 

bills nearly or quite every year, for night composition and printing on the RECORD, allowances which, I believe, figure some 25 per cent. additional to present rates of night employes. The bill in creating a system of time work will equahze work and command equality in workers, 

thereby, as I believe, securing benefit to work and workers in the office. 

For eight yea.rs this measure has been under consideration in com- mittees of Congress and never ad veraely reported. It bas received the 

favor of officials and craftsmen conversant with the work and the workers in the Government Printing Office. It now bas its :first opportunity for action in the Rous~ and its passage is earnestly recommended 

by the Committee on Printing and members who have acquainted themselves with the subject .. 

Ot the 2, 661 employ es at the Government Printing Office on ~fay 1, 

1890, there would be directly affected by this bill l, 094. Of this n umber 749 are time bands and 345 are piece hands. Of the piece bands 

109 are com1wsitors on the night force of the RECORD. The anrage 

earnings of the pressmen, the book-binders, the time compositors, and 

the RECORD compositors on piecework (858 employes all told) are $1,001.60 per year. The average earnings of the compositors in the 

document rooms (141 employes all told) is $1,051.60 per year. The 

average earnings of the compositors in the specification room (95 employes all told) is $1,126.80. The average earnings of all the employes aftected by this bill is now $1,018.94 per annum. 

As careful and accurate a computation as I haTe been able to make 

shows that the avemge salary of clerks in the great Departments of the 

Government, employed here in Washington, is $1,303.08 per annum. 

They range from an average of$1,339.13 in the Navy Department to 

a.n average of $1,2G5.65in the Interior Department. This computation 

of the average clerical salary is made from the aggregate of those who 

do clerical work, not expert or special work, and as gentlemen well 

know the clerical work is mainly thfl.t of copying and is a class of work 

which in the offices of private concerns is done for $1,000 or $1,200. 

But the Government can and does pay better salaries to its employes 

than private concerru, and the employe takes the risk of uncertain 

tenure of employment and the extra expense of living in Washing· 

ton. 

Now, this disparity between the wages which the Government is today paying its ekilled artisans, as represented in the Government Printing Office, and its clerical force, as represented in the clerks of its Departments, is evidence and argument sufficient, as it seems to me, for 

prompt and favorable action on this bill. For skilled labor, acquired 

by tact and experience and ability, an average of $1,018. 94 per annum. 

For trained clerical work, accredited by a civil-service examihation, 

an average of $1,303.08 per annum. A little equalization in the interest of the skilled labor is proposed by this bill. 

Why, should the rnstoration advance wages to the full extent., as 

indicated on the face of the bill, which it will not do owing to the 

equalization of work, the substitution of time for piecework, and the 

doing away of specialapproprfations for night work, then labor would 

be about $100 per annum, on the average, behind. Consider in addition that the clerks in the Departments work less hours every day by one or two than the mechanics in the Printing Office. Consider still 

further in addition that the emi>loyes in.the Printine: Office labor steadily and industriously during every minute of their -work-hours-more 

steadily and industriously, ·as I believe every member will admit who 

bas even casually glanced in upon the offices of the Departments and 

the shops of the printing establishment, than the clerks. And may I 

be permitted to add that it takes no low order of intelligence to make 

intelligent in print much of the manuscript which finds its way to the 

Printing Office, and no slight skill to manage the machines of that establishment--just as it takes no mean degree of intellect to make in 

copy a brief of some record of a Department or to Cleftly m~mipulate a 

type-writer. 

The bill presented carries with it a considerable additional expense 

in running the Printing Office. The amount is only possible to · estimate, as the provisions of the bill so arrange and change the system of 

work as to lessen cost in some directions. If the aggregate expense or 

our Printing Office is too large, the proper reduction, as it seems to me, 

is in cutting off the useless and unnecessary work now done, and which 

for years has been done, until the store-houses of the Congress are 

musty with moldering documents of no one lrn.ows what. Making the 

RECORD les.s of a reprint of newspapers and circulars would effect a 

big reduction, and the cause of sensible education would not suffer. 

But I submit that the rates of wages as proposed in this bill a.re to 

the skilled laborer only fair and equitable, as Government wages are supposed to run. Considering the varying volume of work at tbe Government Printing Office, causing some irregularity in employment, and 

the exacting and peculiar character of that work, demanding the best 

of workmanship, and the requirements of living in Washington, in excess of those in other large cities, I find merit in this restoration bill 

a.nd justice for the printers. 

l\Ir. O'DONNELL. l\Ir. Speaker, as a simple matter of justice H. 

R. bill 8046 should promptly pass. It restores the wages of the printers, pressmen, and book-binders employed in the Government Printing Office to the scale paid prior to March 4, 1877. This reduction was 

made during the great business depression of that period. A similar 

reduction was made by many printing establishments in the country 

that year, but since then in about every instance the rates have been 

restored with- one exception, the Government Printing Office alone 

adhering to its inadequate compensation. This is manifestly unjust, 

and Congress should speed11y rectify the wrong. The memorial of the 

employes gives abundant reason why this should be done. 

Favorable reports for the restoration have been made· by four com- mittees of this House and three Pnblic Printers have made similar recommendations. The printers, pressmen, and book-binders in the em1. 

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' 1890. CONGRESSIONAL RECORD-HOUSE. 8771 . 

ploy of the Government receive less wages than those at work in the I commercial depression in the West, the aftermath of the financial panic 

large printing centers of the country. When you take into considera- · of 1873. There was no especial reason for the rednction ·of the wages 

tion the cost of living at the Capital you will conclude that the em- of the printers in the Government Office. They were not paid any 

ploy es in the Government Printing Office are quite poorly paid for their more for their work than the printers in New York, Boston, Chiaervices. cago, St. Louis, Philadelphia, and other large cities. The Sun, Herald, 

In all branches of printing, presswork, and binding great skill is Times, and other newspapers in New York City did not lower their 

demanded. These men serve a long apprenticeship before they are ell- rates. Neither did the newspapers in the other cities named. The 

gible to enter the service of the Government. They must understand United States Government, instead of protecting its workmen, in this 

thoroughly the requirements of the branch in which they engage. I case degraded itself by reducing the wages of its printers, thus setting 

know the labor is wearisome and exacting. These men are not paid as an example that was not followed by employers throa~hout the counwell as are the clerks in the different Departments, and they are diligent try. To fill out a deficiency and to make an economical showing, it 

in t.he performance of their tasks. If the clerks in the Departments reduced the wages of its printers, pressmen, o.nd book-binders, and left 

labored as assiduously and as many hours as the employes in the Gov- the allowances of wealthy gentleman on the retired-iist untouched. 

emment Printing Office the pn blic business would be more advanced. Since that time wages of printers in the large citi~s have been raised. 

They work longer hours than the clerks in Departments; have no time The increase in New York has been 15 cents per thousand ems and $4 

to stop and read and rest, as is sometimes the practice of the clerk. per week. In Chicago it has been 6 cents and $2 a week; in St. 

They work steadily, and there is no time wasted. It is.hard work for Louis, 3 cents and $1 per week; in Brooklyn, 15 cents and $4 per week; 

eight borus, work that is laborious and exacting. in Cincinnati, 7 cents and $2 per week; in New Orleans, 10 cents and $3 

I know all about it for I have beenengaged in the business of printing per week. These increases are shown by a tabular statement made by 

many years. Fifty cents an hour, the rate asked, is not exorbitant; on the committee of printers who on behalf of the craft ask this restorathe contrary, it is not fair pay when you consider the labor performed. tion of wages. I shall not read it, but vrint it in my remarks: 

The.<>e skilled artisans will more than fully earn this compensation, and 

should have it at once; tho work is, as I have before remarked, exacting and laborious, and these faithful employesshould be properly compensated. The bill provides that the night men shall be paid an advance of 10 cents per hour more than the day force. That is the rule 

in all offices, to remunerate those who labor atnight at a better rate than 

those who perform their tasks in the hours of the day. 

Mr. Speaker, do yon realize what these men in the Government 

Printing Office have to do? They are skillful workmen, they need 

be, to put in enduring form the wisdom of Congress. The printer is 

the adjutant of Congressional thought; he embalms in lasting type all 

the wisdom of the Senate and Honse, and the words and thoughts 

uttered here go down through the ages under the patient suffering and 

supervision of the printer. Then think again that the printer, as the 

metal alphabetical characters under his skillful 2Uidance form in per· 

manent volume the utterances here, is obliged to read every speech, report, and bill in this House or the Senate. . 

The "leave to print" is no relief to him, as it frequently is to us, 

for he must go on and marshal into columns of speaking type the unspoken wisdom of the Congress. These facts alone entitle him to reasonable compensation, if we ean measure the value of such fatiguing 

work. Then these speeches, reports, and bills must go through the 

hands of the pressman to give them the impress of endurance, at last 

to be preserved for the future ages by the book-binder. Their lot is 

an arduous one, and they deserve just what they ask for in this billiustice. 

' When the weary statesman is at rest the printer is laboring to preserve for posterity the statesmanship evolved during the session. The 

disciple of Faust must wrestle with the interminable dissertations on 

parliamentary law and place in cold type the innumerable hot discussions over what has been proclaimed from the marble throne by its ex- cellent occupant to be not ''an exact science." Then he must form 

in orderly array-give them the semblance of wisdom-sentiments and 

expressions that will live long after those who gave them voice have 

gone hence. Truly, when you think of this labor the printer's lot is 

· not a happy one. Let us say to these faithful printers, as was said very properly in 

this connection in "As You Like It," by the great bard three centuries ago, "We will mend thy wages." Let us do this simple act of 

iustice without farther delay. .A.s the same author has said, "Thou 

hast caused printing to be used," let us provide that a living compensation be paid. 

Printing is one of the liberal arts without a parallel. No truer sentiment was ever emblazoned than when, in 1628, on the chiseled monument at Haarlem, Holland, there was inscribed on the cold marble the 

legend that printing is the '' art preservative of all arts.' 1 The follower 

of this noble art deserves to be properly compensated. There are 135,-

000 printers in the United States, and in the name of these intelligent 

craftsmen I ask that this justice so long deterred be not denied by this 

Congress. · 

I would be glad to have this bill giving advance in wages include all 

of the skilled workmen employed about the Government Printing Office, such as carpenters, machinists, plumbers, painters-in fact, all of 

those of other trades engaged there, a.s well as the large number of 

female employes in the press-room, bindery, and folding-room; the 

work of these women is fatiguing and the pay meager; it should be increased. 

On the 22d ot last June the four hundred and fiftieth. 11nni versary of 

the invention of printing was celebrated. Let this Government give a 

fitting celebration of this art, which bas blessed humanity so much, by 

providing that its followers may be paid a just rate for their labor. 

Mr. CUM.MINGS. On March 4, 1877, Congress placed a rider on an appropriation bill decreasing the wages of the printers in the Government Printing Office 20 per cent., or from $4 down to $3.20 per 

day. Thia reduction was made in a spasm of economy. There was 

Cities. 

New York .............. . Chicago ................. .. St. Louis_ ............... . Brooklyn. ............... . Cincinnati.. ........... .. New Orleans .......... . Boston_ .................. . 

Rate in 1880-

Per 

week. 

$14.00 

15. 00 17.00 

14.00 

16.00 

15.00 

Perl,000 

ems. 

$0.40 .40 

.40 

.35 

.~ 

.35 

.40 

Rate in 1889-

Per 

week. 

$18.00 

18.00 

18.00 

18. 00 18. 00 18.00 

Perl,000 

ems. 

$0.55 .46 

.43 

.50 

.45 

.45 

.45 

IncreasePer 

week. 

84.00 

2.00 

1.00 

4.00 

2.00 

3.00 

Perl,000 

ems. 

$).15 

.06 

.03 

.15 

.07 

.10 

.05 

The United States Government alone, with the penuriousness characterizing it in small things, has not raised the wages of its printers 

correspondingly. They remain as reduced in 1877. This bill simply 

proposes to restore the wages of the printers, pressmen, and book-binders to the rate paid prior to March 4, 1877, and to make a discriminating 

rate between day work and night work done by these employes. 

Congress made the reduction in a deficiency bill. It was proposed in 

the Honse because of a deficiency in the printing appropriati'Jn. The 

wages of the printers were cut down and the money thus saved used to 

dig out unknown creeks and erect public buildings in Whopwallopy 

and other large cities. It is time that the rate was restored. The Committee on Printing in the Forty-fifth Congress recommended that the rate· 

be restored. The same recommendation was unanimously made by the 

committee in the Forty-seventh Congress, and the Committee on Labor 

recommended it in the first aml second sessions of the Forty-ninth Congress. The Public Printers since 1879 have approved of the restoration. 

These printers simply ask the same proportionate rates as printers 

receive in other cities, and there is no reason why they should not 

receive them. The increase in rent alone since 1877 in this city is 

fully 40 per cent., with everything else very nearly in proportion. 

This Government has an unenviable reputation for parsimony with regard to its typographical employes. It enlists printers in its Army 

at $13 per month and then details them to do printer's duty at West 

Point and frontier forts at 50 cents a day. It seems to me that a more 

contemptible policy 011 the part of an employer, much less a Government, was never conceived. This House is responsible for its continu- ance. 

There is a clause in the bill which relates to a discrimination in the rate 

of wages for day and night work. It is in conformity to a custom vrevailing in all publishing and printing establishments in the coun'try. 

Its justice is apparent, and the effort to secure its adoption in theGovernment office has frequently been made. 

I·have been asked whether the rates paid per thousand ems on the 

CuNGRESSlON AL RECORD are not exceptional. In a measure this is 

true. There is a rule in the RECORD office that every line shall be thinspaced. The matter is all solid. Not a lead is used. There is a 

rule that all the words that can be crowded into a iine shall be put in. 

There are no ''fat takes ' ' and no •'display' 1 or any other advertisements. It is all lean and no fa t, and the printer who had to earn bis 

living ''from the hook" in the RECORD office at any but exceptional 

rates would have to scratch gravel to make a living. 

I know that I express the sentiments of every one of the 40, 000 union 

printers in the United States in advocating the passage of this bill. 

The question being taken on the motion to suspend the rules and 

pa.s.s the bill, tbeI"ewere on a.division (demanded by Mr. OATES)-ayes 

64, noes 12. 

Mr. OATES. I make the point that there is no quorum present. 

Mr. EV ANS. I ask for the yeas and nays. 

T.he yeas and nays were ordered. 

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8772 CONGRESSIONAL RECORD-HOUSE. AUGUST lS, 

The question was taken; and there were-yeas 128, nays 27, not voting 

173, as follows: YEAS-128. 

Adams, Ellis, McClammy, 

Allen, Ulch. Evans, l\IcCl ell an, Anderson, Kans. Farquhar, l\IcComas, Bankhead, .Fithian, l\IcCreary, 

Bartine, Flick, l\IcDuffie, 

Bnrwig, Forman, J\IcKinley, Bliss Forney, McRae, 

Brookshire, Fowler, Moffitt, 

Brosius, Gca1·, Moore,N.H. 

Brown, J.B. Gest, Morey , Brunner, Gibson, Morgan, 

Buchanan, N. J. Grosvenor, Morl'ill, 

Buckalew, Hall, :Morse, 

Burrows, Hansbrough, l\Iudd, 

Burton, Hatch, Niedringhaus, 

Bynum, Hayes, O'Donnell, 

Cit.rJton, Haynes, . O'Ferrall, 

Carter, Henderson,.~. C. O'Neill, Pa. Caruth, Hermann, Osborne, 

Caswell, ~ Hill, Owen, Ind. 

Cakhings, Hitt, Owens, Ohio 

Clarke, Ala.. Holman, Payson, 

Comstock, Hopkins, Penington, 

Connell, Houk, Price, 

Oo'f'ert, Kennedy, Pugsley, 

Craig, Kerr, Pa. Quinn, 

Culberson, Tex. Ketcham, Raines, 

Cummings, Kinsey, Ray, 

Dalzell, Lanham, Reilly, 

Dibble, Lawler, Richardson, 

Dunnell, Lester, Ga. Rife, 

Edmunds, Lewis, Rogers, 

XAYS-'.?7. 

Bland, Dockery, La Follette, 

Blount, Grimes, Lane, 

.Breckinridge, Ky, Haugen, l\1cCord, 

Cannon, Henderson, Ill. 1\Iontgomery, 

Clements, KelJey, 111oore, Tex. Cooper, Ind. Kerr, Iowa Norton, Crisp, Lacey, Oates, 

NOT VOTJXG-l i 3. 

Abbott, Cogswell, Lansing, Alderson, Coleman, Laws, 

Allen, Mi&s. Conger, Lee, 

Anderson, l\liss. Cooper, Ohlo Lehlbach, 

Andrew, Cothran, Lester, Va. Arnold, Cowles, Lind, 

Atkinson, Pa.. Crain, Lodge, 

Atkinson, W. V11. Culbertson, Pa. 1\Iagner, Baker. Cutcheon, Maish, Bau ks·, Dargan, Mansur, 

Barnes, Darlington, Martin, Ind. 

Bayne, Davidson, Martin, Tex. Beckwith, De Haven, Mason, 

Belden, De Lano, McAdoo, 

Belknap, Dickerson, McCarthy, 

Bergen, Dingley, i\IcCormick, 

Biggs, Dolliver, McKen na, Bingham, Dorsey, l\IcMillin, Blanchard, Dunphy, Miles, 

Boatner, Elliott, Milliken, 

Boothman, Enloe, Mills, 

Boutelle, Ewart, l\iorrow, 

Bowden, Fealher~lon, l\1utchle r, Breckinridge,Ark. Finley, Nute, 

B1·ewer, Fitch, O'Neall, Ind. 

Brickner, Flood, O' Keil, Mass. Brower, Flower, Outhwaite, 

Browne, T. M. Frank, Parrett, 

Browne, Va. 'Funston, Payne, 

Buchanan, Va. Geissenhainer, Paynter, 

Bo Hock, Gifford, Perkins, 

Runn, Goodnight, Perry, 

Butterworth, Greenhalge, Peters, 

Caldwell, Grout, Phelan, 

Campbell, Hare, Pickler, 

Candler, Ga. Harmer, Pierce, 

Candler, Mass. Heard, Post, 

Cheadle, Hemphill, Quackcnbusb, Cheatham, Henderson, Iowa Randall, 

Chipman, Herbert, Reed, Iowa, 

Clancy. Hooker, Reyburn, 

Clark, Wis. Kilgore, Robertson, 

Clunie, Knapp, Rockwell, 

Cobb, Laidlaw, Rusk, 

The following additionai pairs were announced: 

l\Ir. TOWNSEND, of Colorado, with Mr. ENLOE. 

Rowell, 

Rowland, 

Russell, 

Sayers, 

Scull, 

Sherman, 

Sbively, 

Simonds, 

Skinner, 

Smith, Ill. 

Smyser, 

Snider, 

Springer, 

Stewart, Tex. Struble. 

Tarsney, 

Thoma.~. 

Turner, Kans. Turner,N.Y. 

'Va.Iker, 

Wallace, N. Y. Whiting, 

Wiley, 

Wilkinson, 

Willcox, 

'Villiams, Ill. 

Willia.ms, Ohlo 

Wilson, Mo. Wilson, Wash. 

Wilson, W. Va. Yardley, 

The Speaker. 

Peel, 

Stockbridge, 

Stockdale, 

Stone, Ky. 

Tillman, 

Turner, Ga. 

Sanford, 

Sawyer, 

Scranton, 

Seney, 

Smith, W. Va. Spinola, 

Spooner, 

Stahl necker, 

Stephenson, 

Stewart, Ga. St~wart, Vt. Stivers, 

Stone, Mo. Stump, 

Sweney. 

Taylor, E. B. 

Taylor, Ill. 

Taylor, J. D. Taylor, Tenn. '.rhompson, 

Townsend, Colo. 

Townsend, Pa. Tracey, 

Tucker, 

Vandever, V e.n Scbaick, 

Vaux, 

Venable, 

1Vaddill, 

1Vade, 

'Vallace,Mass. 

'Vashington, 

'Vatson, 

\\' heeler, Ala. 

Wheeler, Mich. 

'Vhitthorne, 

Wickham, 

Wike, 

Wilson, Ky. 

Wright, 

Yodei-. 

l\Ir. BERG~ with Mr. BRECKI ~RIDG . of Arkansas. 

Mr. LODGE with :M:r. ANDRE"'· . l\Ir. CONGER with Mr. SWENEY. 

Mr. O'DONNELL. I ask unanimous consent to dispense with the 

reading of the names. The SPEAKER. The Chair thinks the names had better be read. 

The vote was then recapitulated by the Clerk. 

Mr. ROGERS. I make the point of order, Mr. Speaker, that during 

the roll-call gentlemen should keep, away from the Clerk's desk. 

The SPEAKER. The Clerk will read the names of members pres· 

ent and not voting. 

The Clerk read as follows: 

l\Ir. ANDREW, Mr. CANDLER or Georgia, fr. CA.BUTH, l\Ir, CONGER, Mr. DING- LEY, Mr. DOLLIVER, Mr. GEISSE..~U."'ER, Mr. lixARD, l\Ir. LAIDLAW, Mr. LEE, 

Mr.MCCREARY, l\Ir. :kKE:\"'NA, Mr. POST, l\Ir. SWENEY, 1\:lr. TOWNSEND or Penn• sylrnnia, :Ur. V ANDE\ER, and Mr. WILSON of West Virginia. 

The following members, announced as pre~ent and not voting, subsequently recorded their names, under the rule, as above: 

Ur. CARUTH, Mr. McCRE.A.RY, and Mr. WILSON, of West Virginia. 

Mr. HEARD. I am announced as present and not voting. I re- frained from voting because I am paired with the gentleman from 

Pennsylvania [Mr. ATKINSON]. .Mr. ANDREW • . I abstained from voting, being paired with my colleague from Massachusetts [Mr. LODGE]. 

Mr. RICHARDSON. My colleague [Mr. E~IT.OE] is detained at his room by reason of sicknes.'3. 

The SPEAKER. On this vote the yeas are 127, the noes 27. Twothirds having voted in the affirmative, and with the members present 

and not voting a quorum being present, the rules are suspended and 

the bill is passed. 

Mr. RUSSELL. At the request of several gentlemen on each side, 

I ask unanimous consent that general leave be given to print remarks on this bilJ. 

There was no objection, and it was so ordered. 

ORDER OF BUSINESS. 

When the Commit e on Indian Depredation Claims was called, 

Mr. HERMANN id: I ask unanimous consent to have that committee passed o•er wi out prejudice. 

Mr. BREC I... IDGE, of Kentucky. I object. Let it take i~ regular order. 

ARTESIAN WELLS. 

The Committee on Irrigation of Arid Lands was called. 

1\Ir. VANDEVER. I have a resolution here, Mr. Speaker, which I am authorized to submit by direction of that committee . The SPEAKER. The resolution will be read. 

The Clerk read as follows: 

Resolved by the House of Represenlatii:es (the Senate concw·1'ing), That the Sec· ret:iry of Agriculture be, and is hereby, authorized to expend the unexpended balance of an app1·opriation of $'20,000 made under ap act entitled "An act to provide for certain of the most urgent deficiencies, elc.,'' approved Aprll 4, 1890. in continuing the investigation into the proper location for artesian wells and tho existence of other subterranean waters that may be utilized for irrigation pur· poses, in the region west of the ninety·se'\'enth meridian of longitude: Pro-vided, 'l'hat none of said money be expended for experimental work or in support of 

special systems of irrigation, but only for the purpose of obtainin~information 

and data, and a report of all such inquiries shall be made by the Secretary of Agriculture to the next session or the Fifty-first Congress. 

Mr. BYNUU. I demand a second. 

Mr. V A.NDEVER. This only expends the unexpended balance of 

the $20,000 of appropriation. Five thousand dollars remain on hand. 

The SPEAKER. Ilas this matter ever been referred to the com- mittee? 

Mr. VANDEVER. This i<J a recommendation of the Committee on .Arid Lands. 

The SPEAKER. But was the subject referred to the committee? 

Mr. VANDEVER. It was regularly referred, coming to us through 

the Department of .Agriculture. 

Mr. CANNON. I do not think the gentleman from California understood the question. Does the gentleman say that this was regularly 

referred through the House? 

Mr. VANDEVER. No; it came from the Department of Agricult- ure. 

The SPEAKER. The Chair simply calls the attention of the House 

to the fact stated by the gentleman from California. 

:rtlr. VANDEVER. I move to suspend the rules and pass the reso- lution. 

The SPEAKER. The Chairthinksthemattersupon which thecommittees can ask a suspension of the rules must be those matters re- ferred to the committees. They can not originate legislation in this 

way any more than they can in any other. The Chair desires to call 

the attention of tho House to the fact in order that this may not be 

reg:uded a a precedent. 

Mr. CANN~N. I do not think the resolution should pass, Mr. 

Speaker, and I am unable to see how the committee got jurisdiction. 

Mr. V A.NDEVER. It originated in the committee. 

The SPEAKER. The Chair calls the attention of the House to that 

fact. 

Mr. BLOUNT. I wish to inquire if. under the rules of the House, 

the committee have jurisdiction of this subject. 

The SPEAKER. The Chair does not think the committee can have 

jurisdiction of a subject not referred to it. 

Mr. REILLY. I make the point of order that the resolution is not 

before the House, not having been referred to the committee. 

The SPEAKER. The Chair will hear the gentleman from California on that point. 

Mr. VANDEVER. The Committee on Irrigation of the Arid Lands 

reports this resolution favorably. It comes with a request from the Department of Agriculture. There was an appropriation of $20, 000 made 

for an investigation of this matter of artesian wells and underflow, and 

$5, 000 is still unexpended. 

The appropriation expired on the 30th of June la.st, and this simply 
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1890. CONGRESSIONAL RECORD-HOUSE. 8773 

asks permission to expend the $5, 000 remaining in the fnrther prosecution of the subject. 

I ask a suspension of the rules and the passage of the resolution. It 

has not been referred to the committee of the House, but the subject 

is before the committee. 

Mr. LANHAM. This is merely for the purpose of obtaining information. 

Mr. CANNON. The t?;entleman states the whole matter when he 

says it has not been referred to the commitliee. 

Mr. VANDEVER. No, sir; it bas not been. 

The SPEAKER. The Chair thinks it is not in order. 

Mr. VANDEVER. I move a suspension of the rules. 

Mr. ADAMS. Mr. Speaker--

The SPEAKER. The Chair will hear the gentleman from Illinois 

[Mr. ADAMS] on the point of order. 

Mr. ADAMS. It is a novel point to me, but I think that the Chair 

ought to consider the liberaJity with which individuals are allowed 

suspensions of the rules. I suppose the rule covering motions by individuals to suspend the rules and similar motions from committees are perhaps the same-that is, under the same rights-and I simply 

desire to call the attention of the Chair to the fact that when individual suspension Monday comes any man can rise and move to suspend 

the rules and pass a bill that bas never been printed, and perhaps has never been reduced to writing until within five minutes. Now, that 

being the rnie with regard to motions to suspend the rules by individuals, why should not the same liberality be extended to committees? I taink the question is not whether the subject has been re-

(etred to a committee, but whether the general subjert is within the 

jurisdiction of that committee. 

Mr. CRISP. Will my friend allow me to Mk him one question? 

Does it not occur to my friend that while there is no limitation on the right of an individual, there is a limitation upon the right of a committee? They only have a certain jurisdiction, which is conferred 

upon them by the rules, and those rules must be construed in the light 

of that fact; so that the committee could only ask to suspend the rules 

and pass a bill of which they had jurisdiction, whereas an individual 

is wholly unlimited. 

:Mr. ADAMS. But afLer all the question is as to the meaning of the 

rule. 

Mr. CRISP. Certainly. 

Mr. ADAMS. We have a certain set of rules, and on principles of 

wisdom which I think are somewhat questionable we permit a suspension of those rules on a certain number of days during the month. Now, 

when the occasion comes when a motion t.o suspend the rules can be 

made, all I wished to say wa.s that with reference to individuals the 

greatest liberality is allowed. That is to say, a member can rise--

Mr. CRISP. Of course, because there is no restriction on the individual at all. 

Mr. ADAMS. And the question is as to the meaning of this rule--

The SPEAKER. The Chair will suggest to the gentleman from Illinois that a committee is simply one of the organs of the House, while 

the individual member is not. 

Mr. ADAMS. I have not bad time to refer to the rule under which 

we are working--

Mr. CRISP. The duties of a committee are limited by the rule 

under which their jurisdiction is prescribed. 

The SPEAKER. The committee acts as a representative of the 

House in a particular matter, and if the .House does not refer that matter to them at all, is it competent for them, as a committee, to move to 

suspend the rules upon a matter that bas not been in trusted to them ? 

Mr. ADAMS. Where an individual bi11 has not been referred to 

them, but the subject of that bill is a subject which they were appointed to consider. 

The SPEAKER. They have j ruisdiction, not of the general subjectmatter, but of such bills relating to the subject-matter as are referred 

to them. If no bills had been referred to the Committee on Arid Lands, 

could they make a report simply because they bad general jurisdiction over matters relating to that subject? Could they originate a bill? 

Mr. REILLY. Mr. Speaker, if I understand the rule, on this day, 

the thir<l Monday of the month, a motion to suspend the n1les may come from a regular committee of the House, and the committees are 

to be ca11ed in regular order, but members of those committees can only 

enter such motions by direction of the committee, in the first place~ 

and also upon a matter that bas been referred to them and reported 

favorably tO the Bouse. Now, as I understand, if lam not misbken 

in the situation, this very question of order is pending and undecided 

by the Chair; but considerable discussion was given to it on the bill 

reported from the Committee on War Claims, where they proposed to 

incorporate in what was known as the omnibus bill a number of individual bills that had been referred to that committee, and also some 

reports that had been sent to that committee from the Court of Claims, 

bot which had never been referred to it by the House. 

Now, for the sake of being consistent, as this might be a precedent 

and as that is involved in a more important bill than this, I think it is 

well that this question should be considered, and! therefore call attention to the first paragraph of Rule XXVIII. Considering that, I think 

there can be no question that the resolution submitted by the gentleman from California. is clearly out of order, in view of the statement 

he makes that it has never been referred to that committee by the House 

and has not been favorably reported back to the House. I will ask to 

have the first paragraph of Rule XXVIII read. 

The Clerk read as follows: 

1. No standing rule or order of the Honse shall be rescinded or changed with- out one day's notice of the motion therefor, and no rule shall be suspended ex- cept by a. vote of two-thirds of the members present, except to fix a. de.y for the 

consideration of a. bill or resolution already favorably reported by a. committee on motion directed to be made by such committee, which she.11 require only a. majority vote of the House; nor shall the Speaker entertain a motion to sus- pend the rules except on the first and third Mondays of each month, preference 

being given on the first Monday to individuals and on the tbird Monday to ·committees, and during the last six: de.ys of a session. 

Mr. REILLY. Now, as I understand it, npon the first Monday in 

the month any member recognized by the Chair may submit any proposition to the House and move for a suspension of the rules. It then 

becomes a question for the House to determine. But upon the third 

Monday of the month no one can do it excepting a member of a com- mittee, and he can only do it by direction of that committee, when t·he 

committee is called in its order by the Chair upon a measure that has 

been referred to that committee and is favorably reported to the House. 

l\Ir. VANDEVER. I make this motion by direction of this com- mittee. It is not made under the rules, but under a motion to suspend the rules. 

Mr. GROSVENOR. Ah, but the committee gets the authority to 

make the mot.ion by virtue of the rule, and could not do it without 

the rule. 

Mr. DOCKERY. It must be a suspension of the rules under the 

rules. 

Mr. CANNON. If you could do this, which it is proposed to do, 

why could you not move to suspend the rules and pass a tariff bill or an appropriation bill? 

Mr. ADAMS. But that is only the argument ab inconvenienti, and 

the same argument would apply to the rule of individual suspension. 

The SPEAKER. The Chair must adhere to its original ruling. The 

point of order is sustained. 

Mr. VANDEVER. I ask that it be referred to our committee. 

Mr. CANNON. I object to that. 

The SPEAKER. The gentleman can refer it by placing it in the 

box or handing it to the Speaker. 

REPORTS OF THE INTERNATIONAL AMERICAN CONFERENCE. 

Mr. HITT. Mr. Speaker, I move to suspend the rules and take from 

the Speaker's table and put upon its passage the resolution S. R. 115, 

which is the same as Honse joint resolution H. Res. 194, reported from 

the Committee on Foreign Affairs. 

The Clerk read as follows: 

Joint resolution providing that nothing in the diplomatic and consular appro- priation bill shall be construed to interrupt the publication of the reports of 

the International American Conference. 

Resolved by the Senate, etc., That nothing in the act entitled "An act making 

appropriations for the diplomatic and consular service of the United States for 

the fiscal year ending June 30, 1891," shall be construed to interrupt, delay, or prevent the prompt translation, publication, and distribution of the reports and 

proceedings of the International Conference. 

Mr. BRECKINRIDGE, of Kentucky. I ask for a second. 

Mr. CANNON. I would be glad if the gentleman from Illinois will 

explain the necessity of asking for the passage of this resolution. 

Mr. DI~GLEY. I ask unanimous consent that a second be considered as ordered. 

Mr. HfTT. I ask that a second be considered as ordered. 

Mr. BRECKIN.tUDGE, of Kentucky. I think we had better have a second, as this is a very important matter. . The SPEAKER. The Chair will appoint as tellers the gentleman 

from Kentucky and the gentleman from Illinois [Mr. HITT]. 

Thj House divided; and the tellers reported-ayes 89, noes 5. 

So a second was ordered. Th~ SPE A.KER. The question is on the motion to suspend the rnles 

and pass the resolution. 

Jlfr. BRECKINRIDGE, of Kentucky. I would like the gentleman 

from Illinois to explain, now that a second is ordered, the necessity for 

this resolutioa. 

Ur. HITT. Mr. Speaker, the resolution was sent to the House by 

the Comptroller of the Treasury, because the Senat.e placed an amendment in the appropriation bill providing that the appropriation of some money for printing the reports of the International American Congress, 

to pay the tramlators, copyists, etc., and for the carrying out of the 

recommendations of the conference should go into effect when the ma- jority of the Governments represented give their assent. It was not 

intended to cause delay; but by the f'.Onstruction of these words, the 

Comptroller thought he was bound to stop these acconn~, and it stopped 

the work just as it was about being finished. 

The printers, copyists, clerks, translators, etc., who were engaged in 

completing the work upon the reports of the International American 

Conference can not be paid without these words being corrected, it is 

thought; and therefore the Comptroller sent this resolution, simply 

declaring that nothing in the law shall be construed as preventing the 

prompt publication and completion of that work. 

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8774 CONGRESSIONAL REOORD-HOUSE. AUGUST 18, 

Mr. McMILLIN. I believe tha.t was a provision that was left out 

of the general appropriation bill in some way. 

Mr. HI rT. No; it was a provision that ~as inserted in the bill in 

the Senate. It was not put in by the Senate commit~e, but in the 

Senate itself; and the understanding that seemed to be held by the 

conferees at that time was that it was innocuous, inoffensive, and would 

do no harm. But as the Comptroller construes it it stops payment for 

the work just as it is being completed. 

Ur. Mcl\ULLIN. What is the act that the gentleman desires to 

have construed ? 

1\Ir. HITT. The appropriation bill. 

Mr. McitllLLIN. The appropriation bill? 

Mr. HITT. Yes. .. 

Mr. MCMILLIN. It is a provision in the appropriation bill which 

this is intended to correct? 

Mr. IDTT. Yes, that is it; or to prevent a construction of it which 

tbe Comptroller feels would be possible. 

l\Ir. BUCH.ANL.N", of New Jersey. Of an amendment made hastily 

in the Senate? 

Mr. HITT. Yes; it was an amendment made hastily in the Senate. 

Mr. BRECKINRIDGE, of Kentucky. I would like to ask the gentleman whether it was hastily agreed to or concurred in by the House. 

Mr. HITT. The House passed upon the bill with great deliberation, and then it went over to the Senate. 

Mr. BRECKINRIDGE, of Kentucky. Yes; but then an amendment was put on in the Senate hastily. The Senate is accustomed to 

·pass hastily every amendment; and then it came back here. When it 

came back to the Honse did it not go to the Committee on Foreign 

Affairs and was it not considered there? 

Mr. HITT. It was only considered in conference, and not in the 

Committee on Foreign .Affairs. 

Mr. BRECKINRIDGE, of Kentucky. But did not the Com.n:tittee 

on Foreign Affairs ask this House to non-concur in the Senate amendment? 

Mr. ill'rT. Yes; and then it was.pa.ssed upon in conference. 

Mr. BRECKINRIDGE, of Kentucky. They did make that request 

that the Hon e non-concur without proper consideration of these amendments which the Senate bad put on hastily. 

Mr. HITT. The amendments of the Senate were non-concurred in 

by the House at the suggestion of the Committee on Foreign Affairs. 

Mr. BRECKINRIDGE, of Kentucky. Of course, the reason why 

the C{)mmittee on ForeignAffairsasked the Honsetonon-concurin the 

amendments, I presume, was because its language was doubtful and 

obscure, and therefore they thought it should go into conference in 

order that it might be made clear. 

Mr. HITT. I can not say that that was the reason for the committee 

asking the Hon,c;e to non-concur in this amendment. 

:Mr. BRECKINRIDGE, of Kentucky. If that was their object in 

asking the Honse to non-concur in all the amendments and this phrase 

esc:loed the attention of the conferees, I must say that they did not attain their object. · 

Mr. McCREARY. Mr. Speaker-- _ 

Mr. HITT. I will ask to put in the RECORD the report of the Committee on Foreign .Affairs, which contains the communication from the 

Comptroller' of the Treasury to which I have referred, and also a letter from the Actin~ Secretary of State, which explain the whole matter. 

The report and communications are as follows: 

The Committee on Fore ign Affair~. to whom was referred joint resolution (II. Res. 194) declaring that nothing in the act entitled ' 'An act making appro- priations for the diplomatic and consular service of the United States for the ..fiscal year ending June 30, 1891," shall be constructed to interrupt, delay, or prevent the prompt publication and distribution of the reports and proceedings of the International American Conference, beg leave to report: T l at n. provision was inserted in the diplomatic a.nd consular appropriation bill. when it wa9 under consideration in the Senate, namely: "To enable the President to carry into effect the recommendations o~einternational American Conference, and so far as he shall deem it expedient, when the same are agreed to by the Governments represented in such confer- ence, or a majority of them, as follows: Including the compensation of trans- lal.ors, copyists, clerks, and other employes, $15,500; for office rent, stationery, 

postage, fuel, lights, and other miscellaneous expenses, S9,250; for the printing and distribution to the public of the proceedings and reports of the International American Conference, S'.!5,000; in all $.19,750; an<l sttch appropriations, or so much thereof as may be necessary, shall be expended under the direction of the Sec- retary of State." The Comptroller of the Treasury so construes this language that the money appropriated for translators, office-rent, publications, etc., will not be availa- ble until the recommendations of the conference shall have been agreed to by a majority of the Governments represented in the conference; and the work must in the mean while be suspended. This suspension will be for an indefinite period, unles the Janguage of the act be corrected. The reports and proceedings of the conference are now nearly ready for p11blica.tion; in fact some of them are already being sent out. It was manifestly not the intention of Con- gress to arrest and defer this work, now near completiou, and the committee recommend the adoption of the joint resolution, which is in the form suggested 

by lhe Comptroller of the Treasury. R.R. HITT. FRANCIS W. ROCKWELL. MARK H. DUNNELL. A. C. THOl\IPSO~. 

JArtffiS B. McCREARY. 

J. LOGAN CHIPMAN. H. DUDLEY COLEMAN. 

W.l\I. W. MORROW. 

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DEPARTMru.'T OF STATE, Washington, July 17, 18'JO. 

Sm: During the consideration of the diplomatic and consular appropriation bill in the Senate an amendment was offered and unanimously adopted pro- viding that certain recommendations of the International American Conference should not be carried into effect by this Government until a majority of the nations represented at the conference had agreed to co-operate. .As you will observe by a. letter from the Comptroiler of the Treasury, a copy of which Li herewith inclosed, that officer construes the language of the law to mean that the translation, publication, and distribution of the reports and proceedings of the conference are to be suspended pending the adoption by a majority of the Governments represented at the conference of the recommenda- tions contained in such proceedings andreports. Therefore the work will have to be stopped for an indefinite period unless some correction of the act is made. The reports and proceedings of the conference a.re now very nearly ready for publication; in fad, some of them aye already being sent out. H was manifestly not the intention of Congress to defer the completion of the work, and therefore the Department earnestly requests the immediate passage of a joint resolution similar to that suggested by the Comptroller of the Treas- ury. 

I have the honor to be, sir, your obedient servant, · AL VEY A. ADEE, Acting Secretary. Hon. ROBERT R. HITT, 

Chairman Co1mnittee on Foreign Affairs, Hous6 of Representatfres. 

TREASURY DEPARTMENT, FIRST COMPTROLLER'S OFFICE, 

Washington, D. 0., July 17, 1890. 

Sm: In reply to your inquiry I.beg-to say that, in the opinion of this office, the appropriation for the compensation of translators, etc., for office rent, for the printing and distribution of the proceedings amd reports of the International American Conference, as is provided in the act entitled "An act making appro- priations for the diplomatic and consulaT service of the United States for the fiscal year ending June 30, 1891," will not be available until the recommenda- tions of such conference are a.greed to by the Governments represented in such conference, or a majority of them. I suggest therefore that Congress pass a. joint resolutiou declaring that-- ,. Nothing in the a.ct entitled 'An act making appropriations for the dip!o- matic and consular .service of the United States for the fiscal year ending June 30, 1891,' shall be constr11ed to interrupt, delay, or prevent the prompt p11blica.- tion and distributiorrofthereporta and proceedings of the International Amer- ican Conference." These appropriations, however, are to be expended under the direction and approval of the Secretary of State, and as his certificate and approval would carry with it the presumption that all precedent conditions had b.~en complied 

with, this office would not be disposed to go behind his approvalto make inquiry in regard thereto, 

Very respeetf11lly, 

Hon. A. A. ADEE, 

A. C. MATTHEW, Comptroller. 

Acting Secrel.ary of State, Washington, D. <J. 

Mr. McCREARY. I hope that the joint resolution will pass. The 

International American Conference was in session a.bout six months, 

and its proceedings are required by law to be published in Spanish, 

Portuguese and English. The reports of the proceedings have been 

ready for publication for some time, and the object of the appropriation was to furnish money to have them published, as required by law, 

This joint resolution simply provides that nothi.niz in the act known 

as the diplomatic and consular appropriation bill shall be construed 

to interrupt, delay, or prevent the prompt translation, publication, and 

distribution of the reports and proceedings of the International Conference. In. other words, we need the proceedings of the conference; 

the country desires to read the result of that International American 

Conference; and we can not lay the proceedings and result before the 

country until this appropriation is made. This is simply for the purpose of utilizing the approprfation made in the diplomatic and consular appropriation bill. 

Mr. McMILLIN. · Mr. SpeakerThe SPEAKER. The Chair understands that the gentleman declines to be interrupted. 

Mr. BRECKINRIDGE, of Kentucky. I suppose that I control the 

twenty minutes for debate in opposition tothe resolution. I yield five 

minutes to the gentleman from Tennessee [Mr. McMILLIN]. 

Ur. McMILLIN. I want to utilize the time to admonish the gentleman from Illinois [Mr. HrIT], the chairman of the Committee on 

Foreign Affairs, against that reckless and inconsiderate haste which 

has made this proceeding necessary. 

Mr. DING LEY. I understand that this matter came over from the 

"deliberative body" at the other end of the building. [Laughter.] 

Mr. l\IcMILLIN. But it was not deliberated upon here; so we un- did what they had done in that other body. This bill came back from 

the Senate and was referred to a committee of conference, and when 

the conferees made their report, instead of giving it that deliberate 

consideration which should have been given, it was rushed tfuongh 

here in hot haste. Nobody knew what was in the bill, and we acted 

as if we cared very little to know what was in it. The result is'that 

right at the end of an important work we find that work stopped by 

the bill itself. 

Now, if we deliberated a little more, boa.steel a little less that we are 

not a deliberative body, and took a little more time to do our work 

properly, it would be unnecessary to suspend the rules or to obstruct 

other public business in getting undone the things which had been improperly done in this House. 

Mr. CANNON. I understood the gentleman from Illinois [Mr. 

HITT] and the gentleman from Kentucky [Mr. BRECKI~RIDGE] to 

say that this was a Senate amendment, and that it was left in the bill 

precisely as that very able and deliberative body wrote it in when the 

amendment was passed on there. 

Mr. McMILLIN. But what I am complaining of is that wheu it 

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1890. CONGRESSIONAL .RECORD-HOUSE. 87-75 

came here, instead of taking up and considering ·the Senate amendments 

deliberately, we adopted them without deliberation. 

l\fr. CANNON. That is, my friend wants two deliberative bodies. 

[Laughter.] 

Mr. l\Ic11ILLIN. Two deliberative bodies would be well, I think, 

and even then the country would not be overfortified. . 

Ur. CAN NO~. If one makes mistakes, what would two do? [Laughter.] 

Mr. Mcl\ULLIN. The second might correct the mistakes if it took 

time to examine matters carefully. (Laughter.] 

l\fr. COOPER, of Indiana. Will the gentleman from Tennessee yield 

for a question before he takes his seat? 

Mr. McMILLIN. Yes. 

I mention this circumstance now because it has been charJ?ed in many quarlers 

that the suggestion for reciprocity came t-00 late. In fact, my effort 'vas made 

before the tariff bill was reported to the House or even framed in committee. It is, I think, a. very grave mistake to oppose this reciprocal proposition touching sugar from the fear that it may conflict in some way with the policy of pro- tection. The danger is, I think, wholly in the opposite direction. Let us see what is proposed: Our Government has heretofore collected a.heavy duty from sugar, alllounting one year, in the aggregate, to 858,000,000, and averaging $50,-

000,000 per annum for a. considerable period. We wish now to cheapen sugar by removing the duly. 

The -.alue of the sugar we annually consume is enormous. Shall we pay for 

it all in cash or shall we seek a reciprocal arrangement by which a large part 

of it may bi;, paid for in pork and beef and flour, in lumber, salt, and iron, slioes 

and calico, furn iture, and a thousand other things? In short, shall we pay for 

it all in cash or try friendly barter in part? I think the latter mode is the high- est form of protection and the best way to promote trade. 

! 

-- Mr. COOPER, of Indian.a. Will this give us a market for another 

bushel of wheat or another barrel of pork? [Laughter.] 

I address this note to you, a.s I did my first, because you have ta.ken an active 

and most intelligent interest in the increase of our trade with South America. 

When shall we enlarge our commercial intercourse with that great continent if we do not now make a beginning? If we now give away the duty on sugar (as we already have gi>cn away the duties on coffee, hid~s, and rubber) 

and get nothing in exchange which shall be profitable to the farm or ths factory in the United States, what shall be our justification for the policy? 

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Mr. McMILLIN. I do not know about that. The chairman of the 

Committee on Foreign Affairs can probably answer that better than I 

can. Mr. HITT. I did not hear the gentleman's question. 

Mr. COOPER, of Indiana. My question was, will this give us a 

market for another bushel of wheat or another barrel of pork? 

Mr. HITT. This is a provision to print some documents that we 

believe will tend to open a way to sell a great many bushels of wheat 

and a great many barrels of pork in markets that are not open to us 

now. Mr. COOPER, of Indiana. Then we can not pass it too quickly. 

Mr. HITT. The words of the law to which the gentleman from 

Tennessee has referred were not used inconsiderately, but our accounting officers are very strict in scrutinizing the language of the law, and 

they feel that the assent given by the representatives of foreign governments when here is not sufficient, but that a further assent will be 

required hereafter; and without finding fault with them for their strictness we propose here to correct any possible misapprehension of the 

meaning of the law by passing this joint resolution. 

Mr. McMILLIN. I yield the remainder of my time back to the gentleman from Kentucky [Mr. BRECKINRIDGE]. 

Mr. BRECKINRIDGE, of Kentucky. I would like to ask the gentleman from Illinois, the chairman of the Committee on Foreign Affairs, whether in the proceedings which are to be published, there are 

any of the letters of the Secretary of State concerning reciprocity, about 

which we bave seen something in the newspapers within the last few 

weeks, or whether the publication is to be confined exclusively to the 

proceedings of the Pan-.A.meri~n Congress. 

Mr. HITT. The amendment itself states what the publication is to 

be. It~ a publication ot the proceedings of the International American Conference, in which the gentleman from Kentucky will find some 

very sol id reading. 

Mr. BRECKINRIDGE, of Kentucky. I suppose so; and in order 

that those proceedings may have the proper corollary, I send to the Clerk's 

desk, to have read as a part of my remarks, a recent letter from the 

Secretary of State to a Senator upon the general question of reciprocity. 

I understand that these general questions were debated in the PanAmerican Congress, the question ot reciprocity of trade, of a wider commerce, and more intimate commercial refa.tions between the Latin 

States of South America and ourselves, the opening up of the markets 

of those peoples to our agricultural and manufactured products, and 

our being able to purchase of them on lavorable terms raw materials 

to be manufactured here. Therefore, as it seems to be relevant, I will 

ask to have read a letter-only one letter-of the Secretary of State 

upou this subject. 

The Clerk read as follows: BAR HARBOR, l\IE., Jtily 22. 

DEAR l\1R. FRYE: I have your reply to my letter, and am glad that the essen- ti~l pa.rt of it has been' given t-0 the press. You ask me what assurance I have as to Spain's willingness to enter into re- ciprocal arrangements of trade with the United States. Your question sur- prises me, for you can not haYe forgotte~ that only six years ago the prime minister of Spain, in his anxiety to secure free admission to our markets for 

the sugar of Cuba. and Porto Rico, agreed toa. very extensive treaty of reciprocity with 1'11r. John W. Foster, then our minister at l\1adrid. A year before, in 1883, a. very admirable treaty of reciprocity was negotiated by General Grant and l\1r. 'Villiam H. Trescot, as United States commissioners 

with the Republic of Mexico-a treaty well cons1dered in all its parts and all 

its details-whose results would, I believe, have proved highly advantageous to both countries. In view of the pending discui1sfon it is a somewhat singular circumstance 

that both the treaties of reciprocity failed to secure the approval of Congress, and failed for the express rea.<ion tbat both provided for the free admission of sugar. Congress would not allow, then, a. single pound of sugar to come in free 

of dnty under any circumstances whatever. And now the proposition is to open our ports free to eyerybony's sugar. and to do it with such rapidity that we are not to have a moment's time to see if we can not make a better trade a trade by which we may pay for at least a part of the sugar in the products ~f Ame~ican fa~ms and .shops. Our change of opinion bas certainly been remarkable m so bnef a period. Indeed, the only danger of our not seeming ad van· tageou~ treaties of reciprocitY: now is the possible belief on the part of those 

countries that we are so anxious for free sugar that by patient waitin<>' they can secure all they desire wi.thontmoney and without price. "' Fearing that result. J sought an inter"iew with the eight Republican members 

of the Committee on Ways and Means more than five months a.go-to be exact, on the 10th day of last February. I endeavo.red to con dnce them that it would be expedient and wise to leave to the President, as the treaty-ma.king power. an opportunity to see what advantageous arrangements of reciprocal trade 

could be effected. I was unable to persuade the committee to take my view. 

You have recently received congratulations, in which I cordially join, on carrying the shipping bill through the Senate. Do you not think that a line of 

ships generously aided by the Government will have a better prospect for 

profit and permanence if we can give them outward cargoes from the United 

States, and not confine them t-0 inward cargoes from Latin America? I am, sincerely yours, J.Al\IES G. BLAD\~. 

Mr. BRECKINRIDGE, of Kentucky. I reserve the balanC:'.e of my 

time. 

Mr. GROSVENOR. The gentleman from Kentucky spoke about 

our getting certain raw materials from South America free of duty that 

could be produced there -0heaper than we can produce them. What 

raw materials does South America produce and upon which we levy 

duties? -:-

Mr. BRECKINRIDGE, of Kentucky. Wool, for ex.ample. Ent I 

will gladly unite with my friend in removing the duty on wool whenever he sees fit to do so. I reserve the balance of my time. 

Mr. GROSVENOR. What I asked the gentleman was what raw 

material South America produces that we do not produce and which we tax? 

Mr. BRECKINRIDGE, of Kentucky. Oh, when the gentleman will 

open the door to a wider argument, I will gladly answer, but just now, 

with the letter of Mr. Blaine spread upon the record, I do not care to 

cut off the gentlemen of the Ways and Means Committee to whom he 

refers from an opportunity to be heard. [Laughter.] 

Mr. GROSVENOR. Mr. Blaine was talking about sugar and nothing else, but the gentleman from Kentucky spoke of things quite foreign to sugar. 

Mr. BRECKINRIDGE, of Kentucky. I do not profess to agree with -

Mr. Blaine. I only know that he is now upon the right track, and 

that, as far as he goes in that direction, I shall be glad to approve of 

what he does. I hope that as he gets more and more right the gentleman from Ohio [Ur. GROSVENOR] will see his way to go alonr1with 

Mr. Blaine in the same direction. 0 

Mr. GROSVENOR. The strongest objection I have to Mr. Blaine 

is his coming so near in his views to the gentleman from Kentucky. 

Mr. BltECKINRIDG E, of Kentucky. I can understand how the 

gentleman from Ohio, with his strong prejudices, may fee1that way, 

but I hope the scales will fall from his eyes when he finds that Mr. 

Blaine is not afraid of the association. 

l\Ir. Speaker, I reserve the residue of my time. 

Mr. HITT. If the gentleman has concluded his observations and 

convinced himself that the re~lution is right, I ask for a vote. 

The SPEAKER. If there is no further debate, the Chair will put 

the question. 

The question being taken, the motion to suspend the rules and pass 

the joint resolution was agreed to, two-thirds votin~ in favor thereof. 

The SPEAKER. In the absence of objection, the joint resolution 

(H. Res. 194) similar in substance to the Senate joint resolution just 

passed will be laid on the table. 

AB.MY OFFICERS ON THE RETIRED-LIST. 

Mr. OSBORNE (when the Committee on Military Affairs was called). 

I am authorized by the Committee on Military.Affairs to move to sus- pend the rules and pass the bill (S. 1636) for the relief of certain offi- cers on the retired-list of the Army. 

The bill was read, as follows: 

Be it enacted, etc., That whereas since the 1st day of January, 1886, certain 

officers of the Army, being at the time the senior officers in rank in their re- specti~e grades, and under the :provisions of section 1257, Revised Statutes en- titled to be promoted to vacancies then exi1'tent in the next higher grades, ~ere nevertheless placed upon the retired-list of the Army without such promotion 

the President is hereby authorized to nominate and, by and with the advice and consent of the Senate, to appoint all such officers to the re!!!pecth·e grades to which they were severally entitled, to take rank and dat.e from the several 

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times when their respeclive rights to promotion to vacancies became esta.b· ~ 

lished, and to place them on the retired-list of the Army in the grades to whicli 

they are promoted. 

Mr. DOCKERY. I demand a second on the motion to suspend the 

rules. 

The SPEAKER. A second being demanded, the Chair appoints as 1 

tellers the gentleman from Pennsylvania [Mr. 0SBOR1''"E] and the gentleman from Missouri [Mr. DOCKERY]. 

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8776 CONGRESSIONAL RECORD-SENATE. AUGUST 19, 

The Honse divided; and the tellers reported-ayes 41, noes 21. 

Mr. DOCKERY. No quorum. 

The SPEAKER. Does the gentleman make the point that no quo- rum is present? 

l\fr. DOCKERY. I do. 

l\Ir. CA~XON. As it is now about 5 o'clock and as there seems to 

be no quorum in the House, I move to adjourn. 

The question being taken on the motion of Mr. CANXON, it was agreed to. 

CHARGES AGAINST COl\Il\llSSIONER OF PENSIONS. 

Pending the announcement of the vote on the motion toadjourn, 

The SPEAKER said: The gentleman from Ohio [Mr. YODER] declines to serve on the committee to investigate charges against the Commissioner of Pensions. If there be no objection, the gentleman will 

be excused, and the Chair will appoint in his place the gentleman from 

Missis ippi [1\'Ir. LEWIS]. 

mrROLLED BrLLS SIG:NED. 

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

that the committee had examined and found truly enrolled bills of the 

following titles; when the Speaker signed the same: A bill (S. 314) for the reliefof Mary B. Le '.Roy; 

A bill (S. 388) to remove the charge of desertion now standing against 

PRIVATE BILLS, ETC. 

Under clause 1 of Rule XXII, private bills of the following titles 

were presented and referred as indicated below: 

By Mr. ELLIS: A bill (H. R.11775Jforthereliefof Larkin Harnedto the Committee on War Claims. 

By .Mr. EWART: A bill (H. R. 11776) to place the name of Noah 

Harwood on the muster· rolls of Company B, Second North Carolina 

Mounted Infantry-to the Committee on Military Affairs. 

By Mr. TAYLOR, of Tenne~see: A bill (H. R. 11777) 'granting a 

pension to Alfred T. Moreland, of Johnson County, Tennessee-to the 

Committee on Invalid Pensions. 

By Mr. YODER: A bill (H. R. 11778) granting a pension to Joseph 

Barrow, late private Company G, One hundred and ninety:eighth Ohio 

Volunteers-to the Committee on Invalid Pensions. 

SENATE. 

TUESDAY, Attgttst 19, 1~!)0. 

The Senate met at 10 o'clock a. m. Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. 

The Journal of yesterdav's proceedings was read and approved. the record of Noyes Barber on the rolls of the Navy Department; 

A bill ls. 510) granting a pension to John w. Reynolds; PETITIOXS AND MEMORIALS. 

A bill (S. 775) granting a pension to Andrew J. Foust; Mr. EDMUNDS. I present the petition of J. K. Lewis and 32 other 

A bill (S. 848) granting a pension to Mary J. Eadie; citizens of the Territory of New Mexico, praying for the passage of 

A bill (S. 916) granting a pension to Mary E. Harney; the private land claims court bill. As the bill is pending and has 

A bill (S. 973) granting an increase of pension to Virginia L. M. been under consideration, I move that the petition lie on the table. 

Ewing; The motion was agreed to. 

A bill (S. 1203) granting a pension to Miss Margaret Stafford Worth; Mr. ED!IIDNDS. I present a petition of the heirs, or those who 

A bill (S. 1256) granting a pension to James A. Myers; claim to be the heirs, of Jesse Fish, jr., praying for the confirmation - A bill (S.1732) granting a pension to Nancy A. Thornton; I of an alleged Spanish grant embracing the largest part of Anastasia 

A bill (S.1740) granting a pension to Mary J. Welch, an army nurse Islarnl, at St. Augustine, Fla. I move that the petition be referred 

in the late war; to the Committee on Private Land Claims. 

A bill (S. 2036) granting an increase of pension t;o Mrs. F. Selina The motion was agreed to. 

Buchanan; Mr. CAMERON presented the memorial of John D. Henderson and 

A bill (S. 2043) granting a pension t;o Edgar AI. Cherry; 24 otlter cigar-manufacturers of the :cinth internal-revenue district of 

A bill (S. 2066) placing the name of Elizabeth Domm on the pen- Pennsvlvania; the memorial of H. F. Affelbach and 24 other cigarsion-roll; manufacturers of the ninth internal-revenue district of Pennsylvania; 

A bill (S. 2366) granting a pension to Florida Kennerly; the memorial of J. F. King and 21 other cigar-manufacturers of tho 

A bill (S. 2644) for the recognition of F. A. Patterson as a captain of ninth internal-revenue district of Pennsylvania, and the memorial of 

the Third West Virginia Cavalry; H. D. Frey and 25 other cigar-manufacturers of the ninth internalA bill (S. 2698) granting a pension to Johanna Loewinger; revenue district of Pennsylvania, indorsing the tobacco schedule o! 

A bill (S. 2832) for the relief of Jesse H. Strickland; the pending tariff bill; which were ordered to lie on the talle. 

A bill (S. 2859) for the relief of Caroline Baker Stevens, relict of the He also presented a petition of G. A. Warren and 64 other resi- late Col. Robert J. Stevens, and daughter of the late Col. Edward D. dents of Bradford County, Pennsylvania, praying fot' the prompt pasBaker; saae of House bill 5978, regulating the transportation of liquor in cer· 

A bill (S. 2976) granting a pension to Mary L. Bradley, formerly tafn cases; which was ordered to lie on the table. :Mary L. Smith, who served as a nurse in the war of the rebellion; Mr. HISCOCK presented the petition of Dry Goods Economist, of 

A bill (S. 3101) granting a pension to Anna. Rodgers Macomb; New York City, N. Y., praying for such legislation as will afford proA bill (S. 3177) granting a pension to Ursula Lucretia Haight; I tection to American flax and linen; which was ordered to lie on the 

A bill (S. 3194) granting a pension to Joseph H. Scoopmire; table. 

A bill (S. 3498) granting a pension to G. L. Pease; and REPORTS OF COl\Il\HTTEES. 

t A bill (S. 3840) to remove the charge of desertion against George Fet- Mr. FRYE, from the Committee on Commerce, to whom was ree~~~n;esnlt of the vote on the motion to adjourn was then announced. ferred the bill (S. 4312) t? provide Al!leri~an registers for the steamers 

~nd accordingly (at 4 o'clock and 45 minutes p. m.) the House ad~ j ~[~:f :~~p!;:~c;e;;~~~lia, reported it without amendment, and subiourned. I Mr. YEST, from the Committee on Commerce, to whom was referred the bill (S. 4279) authorizing the construction of a bridge ove1 

the Tennessee River at or near Knoxville, Tenn., reported it with 

amendments. 

HOUSE BILL WITH SENATE AMENDMENTS REFERRED. 

U oder clause 2 of Rule XXIY, a Honse bill with Senate amendments 

of the following title was taken from the Speaker's table and referred 

as follows: 

A bill (H. R. 94.86) making appropriations for the construction, re- pair, and preservation of certain public works on rivers and harbors, 

and for other purposes-to the Committee on Rivers and Harbors. 

REPORTS OF COMMITTEES. 

Under cla.use 2 of Rule XIII, a report of a committee was delivered 

to the Clerk and disposed of as follows: 

Mr. CARTER, from the Committee on .Mines and Mining, reported 

with amendment the bill of the House (H. R. 8491) to provide for the 

examination and classification of certain mineral lands, and for other 

purposes, accompanied by a report (No. 2984)-to the Committee of 

the Whole House on t.he state of the Union. 

BILLS AND JOINT RESOLUTIONS. 

Under clause 3 of Rule XXII, a bill of the following title was introduced, read twice, and referred as follows: 

By Mr. COVERT: A bill (H. R.11774) for the establishment of a light-house at Orient Point, on the coast of Long Island, New Yorkto tile Committee on Commerce. 

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BILLS INTRODUCED. 

Mr. PETTIGREW introduced a bill (S. 4332) t;o prevent the build· 

ing of houses along certain alleys in the city of Washington, and for 

other purposes; which was read twice by its title, and referred t;o the 

Committee on the District of Columbia. 

Mr. BARBOUR (by request) introduced a bill (S. 4333) regulating 

the rate per annum of telephone service in the cities of Washington 

and Georgetown, in the District of Columbia; which was read twice 

by its title, and referred to the Committee on the District of Colum4 

bia. 

Mr. BERRY introduced a bill (S. 4334) to authorize the building of 

a bridge at Dardanelle, Ark., across the Arkansas River; which was 

read twice by its title, and referred to the Committee on Commerce. 

llU'3INESS OF THE SESSION. 

The PRESIDENT vro tempore. The Chair lays before the Senato 

the resolution of the Renator from Pennsylvania (Mr. QUAY], which 

will be read. 

The Chief Clerk read the resolution submitted yesterday by Mr. 

Qu.a Y, as follows: 

Resolved, That the following orders be adopted for the government of tho 

Senate during the present session of Congress: Ordered, 1, That during the present session of Congress the Senate will no~ 

take up for consideration any legislath·e business other than the pending bill 

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