~188 CONGRESSIONAL RECORD-HOUSE. SEPTEl\IBER 1; 

The SPEAKER. pro tcmpo1·e. These bills have been reported from 

the Committee of the Whole House with the recommendation that 

they be made a specbl order for to-morrow. 

Mr. STEELE. These three bills are all in the same category. I 

ask that they be made a special order for to-morrow, not to antagonize appropriation bills or the bill of the Committee on Foreign Affairs--

l\1r. SPRINGER. Or the Oklahoma bill. 

Mr. STEELE. Or the Oklahom:l. bill; that they be ta,ken up as soon 

as possible witho~t interlering with any of the business that I have indicated, and that the previous question be considered as ordered upon 

them. 

Mr. KILGORE. Let it be understood that there shall be an opportunity to discuss and amend the e bills; otherwise I mu t object to 

this order. Once bef0re when bills were carried over in this way the 

right of amendment was denied because it liad not been 8pecified in 

the order. 

Ir. CHEADLE. The understanding in Committee of the Whole 

was that there should be fifteen minutes' debate on each side upon each 

of these bills. 

The SPEAKER pro tcm.pore. The proposition is that these bills be 

laid over till to-morrow after the reading of the Journal; that their 

consideration shall not antagonize appropriatio!l bills, the Oklahoma 

bill or the bill of the Committee on Foreign Affairs· that the previous 

que~tion be considered as ordered on each bill, with fifteen minutes' 

debate on each side, and with tbe opportunity for amendment. If 

th"ere be no objection. this order will be made. 

Mr. STEELE. I think it proper it should be added that the bills 

be considered to-morrow, or as soon thereafter as possible. 

'fhe SPEAKER pro tempore. It wm he a continuing order. If there 

be no objection, the order as stated will be agreed to. 

There was no objection, and it was oruered accordingly. 

POLITICAL DISABILITIES OF JOHN H. PARKER. 

l\Ir. WISE. I ask unanimous consent for the consideration of the 

bill (H. R. 10621} for the remo al of the political disabilities of John 

H. Parker, of Virginia. 

There being no objection, the Committee of tho Whole House was 

discharged from the further consideration of the bill, and the Honse 

proceeded to consider the same. 

The bill was read, as follows: 

Be il enacted by the Senate and House of Represenlali1:es of the United States of America ill Cong1·ess assembled (two-thirds of each House concurring therein), That 

the legal and political disabilities imposed by the fourteenth amendmen~ of 

the Constitution of the Un.ited States by reason of parti<:ipation in the late re- bellion, be, and they are hereby, removed from John H. Parker, of Che&terfield 

Countv. in the State of Virginia. 

Mr. }:>A. YSON. I will inquire whether the ~;entleman from Virginia [Mr. WisE] has personal knowledge with reference to this _case? 

Mr. WISE. Yes, sir; I have. 

Mr. PAYSON. Does this gentleman desire.the removal ofhis political disabilities? 

.~:1r. WISE. Yes, sir; I ask the passage of this bill at his request. 

The bill was ordered to be engrossed and read a third time ; and 

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

two-thirds vo.ting in favor thereof: 

Mr. CHIPMAN moved to reconsider the votes by which the various 

bills reported from the Committee of the Whole Honse were passed; 

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

The latter motion was agreed to. 

The hour of half past 10 o'clock p. m. having arrived, the House, 

accordiug to order, adjon;ned. 

P:RIV ATE BILLS INTRODITCED AND REFERRED. 

nder the rule private bills of the following titles were introduced 

and referred as indicated below: 

By fr .. C. S. BAKER: A bill (H. R. 11317) granting a pension to 

Frederick:t Liesegang-to the Committee on Invalid ~ensi?ns. 

By Mr. BUTLER: A bill (H. R. 11318) for the rehef of Stokely D. 

Brooks, of Tennessee-to the Committee on Military Affairs. 

Hy Mr. T. J. CAMPBELL: A bill (H. R. 11319) to remove the charge 

of de ertion from the military record of Michael Carroll-to the Committee on Military Affairs. · 

By M:r. TAULBEE: A bill (H. R. 11320) to remove the charge of 

desertion from the military record of Harris Hanshoe-to the Committee on Military .Affairs. 

By l\1r. S. V. WHITE (by request): .A bill (H. R. 11321) to place 

the name of John H. Tunney on the pension-rolls- to the Committee 

on Invalid Pensions. 

By Mr. WILLIAMS: A bill (H. R. 11322)•to place the name of 

Patrick McNichols on the pension-roll-to the Committee on Invalid 

Pensions. 

Also, a bill (H. R. 11323) to place the name of Charles T. Strocklien on the pension-roll-to the Committee on Invalid Pensions. 

A1so, a bill (H. R. 11324) to place the name of Franklin Furay on the pension-roll-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11325) to place the name of Martin O'Connor on 

the pension-roll.;._to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11326) to place the name of John O'Brien on the 

pension-roll-to the Committee on Invalid Pensions. 

PETITIONS, ETC. 

The following petitions and papers were laid on the Clerk's desk, 

under the rule, and referred as follows: 

By Mr. BUCHANAN: Petition of the citizens of the Second Congresl:ional district of New Jersey, praying for a posi:H.l telegraph"7""to 

the Committee on tho Pot-Office and Post-Roads. 

By Mr. DOUGHERTY: Petition of John M. Mcintosh, administrator 

of F. H. Gregory, of Uarion County, Florida, for reference of his claim 

to the Court of Claims-to the Committee on War Claims. 

By Mr. GEST: Proof in the pension claim of Francis Klein-to the 

Committee on Invalid Pensions. 

By Mr. GOFF: Petition of G. L. Cranmer and others, members of 

the bar of the district court of the United Stc1.tes at Wheeling, W.Va., 

relative to legislation proposed affecting said county-to the Committee on the Judiciary. 

By ltlr. POST: Memorial of Orange Grange, No. 843, Patrons of Husbandry, of Peoria County, illinois, against the passage of Senate bill 

2083-to the Committee on Agriculture. 

By Mr. ROBERTSON: Petition of Maggie H. Rowan, heir of Horace 

Hills, of East Feliciana Parish, Louisiana, for reference of her claim to 

the Court of Claims-to the Committee on War Claims. 

By Mr. SCULL: Petition of the GermaniaQuartetteClub, of Johnstown, Pa., in relation to foreign immigration-to the Committee on 

Foreign Affairs. 

By Mr. T.ARSNEY: Petition of Mrs. Cordelia Barnes, for privilege 

of purchasing certain lands-to the Committee on the Public Lands. 

Also, petition of citizens of Montcalm, Mich., for amendments to the 

interstate-commerce law-to the Committee on Commerce. 

By Mr. TAULBEE: Petition toaccompanybill for thereliefofHarris Hanshal-to the Committee on Military Affairs. 

By Mr. WHITTHORNE: Petition of Mrs. Mary A. Mitchell, of 

Giles County, Tennessee, for reference of her claim to the Court of 

Claims-to the Committee on War Claims. 

The following petition, indorsing the per diem rated service-pension 

bill, based on the principle of paying all soldiers, sailors, and marines 

of the late war a monthly pension of 1 cent a day for ea-ch day they were 

in the service, was referred to the Committeeon Invalid Pensions: 

By Mr. TA.RSNEY: Of citizens of Michigan. 

HOUSE OF REPRESENTATIVES. 

SATURDAY, Septmnber 1, 1888. 

The House met at 12 o'clock m., and was called to order by Mr • 

Thomas S. Pettit, one of the reading clerks. 

ELECTION OF SPEAKER PRO TEIIfPORE. 

The following was read: 

SPEAKER'S ROOM, HOUSE OF REPRESENTATIVES, 

Wa.shington, D. 0., September 1, 1883. 

SIR: I am compelled to be absent from the city from this time until Tuesday next. 

Please present this note to the House in order that it may choose a Speaker pro tempo1·e. JOH~ G. CARLISLE, 8peake1·. Hon. JoHN B. CLARK, 

Olerk House of Representatives. 

Mr. BRECKINRIDGE, of Kentucky. I offer the resolution which 

I send to the desk. · 

The Clerk read as follows: 

Resolved, That JAMEs H. BLoUNT, a. Representative from the State of Georgia, 

be, and he is hereby.!. chosen Speaker pro tempore, to preside during the tempo• rary absence of the ::;peaker. 

The resolution was adopted. 

:Mr. BLOUNT, on taking the chair, was greeted with applau e. 

Prayer was offered by Rev. S. Moylan Bird, of Galveston, Tex. 

The Journal of yesterday's proceedings was read and approved. 

NOTIFICATION TO THE SENATE. 

Ur. BRECKINRIDGE, of Kentucky, submitted the following resolution; which was read, considered, and agreed to: 

Re•olved, That the Clerk be directed to inform the Senate that the House has 

chosen JAMES H. BLOUNT, a Representative from the State of Georgia, Speaker pro tempore during the absence of the Speaker. 

Mr. WHEELER. Mr. Speaker, I desire to ask unanimous consent 

tbat next Saturday be set apart for the consideration of bills from the 

Committee on Expenditures in the Treasury Department. The SPEA.KEL{ pro tempo1·e. The Chair desires first to lay before 

the House certain privileged matters. 

1\fESSAGE FROM THE SENATE. 

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

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• 

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)888. CONGRESSIONAL RECORD-=HOJJSE. 8189 

that the Senate had passed without amendment the joint resolution 

(H. Res. 14) to authorize the Secretary of the Interior to certify lands 

to the State of Kansas for the benefit of agriculture and the mechanic 

arts. 

Also, that the Senate agreed to the report of the committee of con- ference on the disagreein~ votes of the two Houses on the amendments 

of the &nate to the bill (H. R. 8310) to provide for the disposal of the 

Fort Wallace military reservation in Kansas. 

The meseage further announced that the Senate had passed with 

amendments the bilt (H. R. 10998) making appropriations for fortifications and other works of defense, for the armament thereof, for the 

procurement of heavy ordnance for trial and service, and for other purposes; and asked a conference with the House on the disagreeing votes 

thereon, and bad appointed Mr. DA WES1 Mr. P,LUMB, and Mr. GORMAN 

conferees on the part of the Senate. 

POSTAL CRIMES, ETC. 

The SPEAKER pro tempore laid before the Honse the bill (S. 3447) 

amendatory of an act relating to postal crimes, and amendatory of the 

statutes therein mentioned, approved June 18, 1888. 

.Mr. DOCKERY. Mr. Speaker, I ask unanimous consent for the 

present consideration. of that bill, and will state that a bill in substantially the same terms has heretofore passed the House and the Senate, 

but on account of an error in the bill it was returned by the Executive 

in response to a concurrent resolution of the two Houses. The pending bill passed the Senate by a unanimous vote, and I ask it-8 immediate con!1ideration. 

Mr. McCREARY. To-day was set apart--

Mr. DOCKERY. I will state to the gentleman from Kentucky that 

this measnre will excite no debate. 

Mr. McCREARY. I do not wish to be understood as waiving any 

right the Committee on Foreign Affairs may have. 

The SPEAKER p1·o tmnpore. The bill will be read subject to objection. 

Ur. BUTTERWORTH. This is quite a· long bill, and I think simply 

guards the Post-Office against the use of the mails for vile purposes. 

There can be no objection to the bill. Mr. DOCKERY. It was prepared by the Postmaster-General, and a similar bill has heretofore passed the House. 

1\Ir. ROGERS. Wbatchangedoesthismake in t-he bill whichp~ssed 

the House? 

Mr. DOCKERY. In the bill as H passed the House there was a sus- picion that an implied power was given to postmasters to open letters. 

Of course there was no such intention, and this bill eliminates that obiectionable feature of the measure. Ur. ROGERS. That is right as far as it goes. 

Mr. CANNON. What is the bill? 

Ur. DOCKERY. I will ask that the bill be read 

The SPEAKER pro tempore. The Chair thinks it will save time to 

have the bill read. 

The bill was read at length. 

The SPEAKER pro tempore. Is there objection to the present con- sideration of the bill? 

Mr. FARQUHAR. I presume that this is the bill that was discussed 

in the Senate about a week ago? 

Mr. DOCKERY. It is. 

Mr. F ARQUHA.R. I want to say that to my mind this bill would 

shut out of the mails every book on anatomy that is published in tills 

country. Now, I am very anx.ious to see an act passed of some kind 

which will prevent the sending of improper matter through the mails, 

but when it comes to the class of inspection that has been placed over 

the United States mail matter by certain inspectors in this country, I am entirely unwilling that cranl<s shaH run the Post-Office Department. Any fair bill to exclude improper or obscene matter fro~ the 

mail will meeb my hearty approval; but a bill with such a wide discretion as thi3 would give to certain classes of persons who may have 

cha.rge of ma.il matter does not meet my approval, and I do not think 

can meet the approval of any member of Congre~s who will give the 

matter careful attention. :Mr. BUTTERWORTH. Will the gentleman from New York specify what particular clause of the bill is susceptible of the objection he 

urges ? 

Mr. FARQUHAR. I refer to the generar t.:mor of the bilL 

Mr. DOCKERY. I would like the gentleman to name the clause 

that gives any such authority. 

Mr. FARQUHAR. The whole merits of the bill were discussed in 

the Senate, and I take it from the tenor of that discussion. I have not 

myself very thoroughly investigated the. matter. 

Mr. DOCKERY. I desire to say to the gentleman that I do not 

think there is any such power expressed in the bill, nor do I believe it can be so construed by implication. 

Mr. FARQUHAR. Then why is an exception made in regard to the 

first-class mail matter? 

Mr. DOCKERY. For the reason that in the former bill which passed 

the House and the Senate, in the opinion of the Postmaster-Geneml, 

implied authority was given postmasters to inspect mail matter of the 

first class, and oi course it was not the intentton of Congress to grant 

any such authority. 

Mr. FARQUHAR. Do I understand that this bill meets the approval of the Postmaster-General? 

Mr. DOCKERY. It was prepared by the Postmaster-General at the 

request of a Senator of my own State. 

Mr. FARQUHAR. And receives his approbation? 

Mr. DOCKERY. It does. 

Mr. FARQUHAR. And also received the approval of the members 

of the House committee, as I understand, unanimously? 

Mr. DOCKERY. No; the unanimous approval of the Senate com- mittee. The House committee have not yet considered the bill as a 

committee, but some of its members have given it an informal investigation. 

Mr. BLAND. How is it proposed that the postmasters are to ascertain the character of the mail matter? 

.M:r. DOCKERY. The bill wisely prohlbits postmasters from opening letters to ascertain their con~nts, but if, for instance, an obscene 

letter is addressed to the gentleman from Missouri, he will have the authority under this bill which will enable him to punish the sender. The 

postmaster, however, has no authority to open the letter. 

Mr. BLAND. How can he open any other matter? 

Mr. DOCKERY. He can not. 

Mr. BLAND. Why do you then make an exception of first-class 

mail matter? 

Mr. DOCKERY. It was done out of abundant caution. 

Mr. BLAND. Why not let that abundant caution apply to all mail 

matter? 

Mr. DOCKERY. I am willing to accept the suggestion of my colleague from Missouri if be desires to offer an amendment to that effect. 

Mr. FARQUHAR. Would it not be well to allow this matter to go 

to the Committee on the Post-Office and let it be disposed of in the regular way? 

Mr. BLAND. I think myself that there should be no doubt as to the 

prohibition imposed upon the postmasters to have access to any similar 

matter. 

Ur. DOCKERY. Then, in view of the suggestions of the gentleman 

from New York [Mr. FARQUHAR], I ask unanimous consent that the 

bill be referred to the Committee on the Post-Office and Post-Roads, with 

the right to report at any time. . Mr. FARQUHAR. That is the proper course for it to take, because 

it is right that the committee should act upon a bill of this importance. 

There being no objection, the bill was read a first and second time, 

and referred to the Committee on the Post-Office and Post-Roads, with 

leave to report at any time. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows: 

To 1\Ir. HoPKINS, of Virginia, for ten days, on account of sickness. 

To Ur. BARNES, until September 10. 

To Mr. ALLEN, of Michigan, for twelve days from September 6, on account of important business. 

To Mr. PATTON, for four days, on account of important business. 

To 1\Ir. FoRD, for :fifteen days, on a-ccount of important business. 

ENROLLED BILLS SIGNED. 

1\fr. KILGORE, from the Committee on Enrolled Bills, reported that 

the committee bad examined and found duly enrolled bills of the fol· lowing titles: 

A bill (S. 1813) for the relief of Susan B. Hopkins, widow of Arvah 

Hopkins, late of Tallahassee, Fla. deceased; 

A bill (S. 2197) empowering anir' directing the Commissioner of N a vi· 

gation to register and enroll as American vessels certain sailing vessels 

of foreign construction, repaired in the port of Cleveland, Ohio, and 

named the Josephine and M. C. Upper, respectively; 

A bill {S. 2825) granting an increase of pension to Benjamin T. Baker; 

A bill (H. R. 2601) for the relief of the Baptist Female College of Lexington, Mo. ; and 

A bill (H. R. 5670) for the construction of a revenue-cutter for New 

Beme, N. C., to replace the revenue-cbtter Stevens. 

RETALIATION BILL. 

.Mr. McCREARY. I want to call up House billl1309, the title of 

which I will ask the Clerk to read. 

The Clerk read as follows: 

A bill (H. R. 11309) enpowering the President to carry out the purposes of an act entitled "An a ct to authorize the President of the United States to protect 

and defend the rights of American fishing vessels, American fishermen, Ameri- can trading and other vessels in certain cases, and for other purposes," approved 

1\Ia.rch 3, 1887. 

Mr. :McCREARY. I report the bill from the Committee on Foreign 

Affairs, as I was authorized to do last Thursday. A number of members on both sides of the House went away f1·om here under the impression that this bill would be considered next Tuesday, and after 

consultation I ask that the consideration of this bill be postponed until 

immediately after the reading of the Journal on Tuesday next, and 

that it then be taken up and made a continuing order until disposed of • . 
8190 CONGRESSIONAL RECORD-HOUSE. SEPTEliBER 1, 

Mr. BUTTERWORTH. Have the message and accompanying papern been printed and distributed? 

Mr. McCREARY. I will say to the gentleman from Ohio that he 

has sugge8led an additional reason why the consideration of this bill 

should be postponed until Tuesday. I have tried this morning to get 

a copy of the President's message, the treaties, and the acts of Congress 

in relation to the treaties, and have been unable to get them. I think 

that document containing the message and the treaties, etc., should be 

in the po ses.sion -of the House at the time of the consideration of this 

bill. 

. Mr. BUTTERWORTH. The point that I call attention to is that 

sufficient time should be given for an examination of the e documents 

and that is the reason I call attention to it. I think a further postponement than the gentleman suggests would be in order. 

Mr. McCREAH.Y. The document referred to will be in to·day, I n.m 

informed. 

Mr. DUNN. I desire to make a parliamentary inquiry. 

The SPEAKER pro emp re. The gentleman will state it. 

l\1r. DU .... _ r . I would fir task the gentleman from Kentucky a question. Do I understand that he reports the bill to-day? 

Mr. McCREARY. I so stated. 

Mr. DUN T. I hope the gentleman will not report the bill until he 

iF ready for it to be considered. When a privileged bill is reported it 

mu t either be considered or go on the Calendar. 

Mr. HOLMAN He has asked unanimous consent. 

Mr. DUN~. I take this position, and I ask, Mr. Speaker, if it is not 

true t bat when a privileged bill is reported for considemtion at any time, 

as th:s is to-day, that it has to be considered at that time and can not 

be called up for consideration at any other time. 

Mi. BLAND. That privilege was lost the other day. · 

Mr. DUNN. Oh, no; it has not lost that privilege. 

1\Ir. BLAND. Oh, yes it ha..'>. 

Mr. McCREARY. I am required under the order of the House to 

report this bill to-day. 

Mr. DUNN. Then I ask, when the order was made last Thursday 

did the gentleman lo e part of his privilege and will he lose any part 

of his privilege if the bill is not reported and not considered to-day? 

What effect would that hn.ve on his privilege? 

'The SPEAKER pro tempore. The Journal shows that to-day was 

fixed for the consideration of this bill. 

:Mr. DUNN. What effect had that on the privilege attached to the 

bill? 

The SPEAKER pro tempore. The Chair thinks that was limited to 

to-day. The COD.! ideration of the bill was fixed for to-day. 

1\ir. DUJ.."N. The Chair thinks that under that order--

Mr. McCREARY. We have lost no privil~e. I am compelled to 

report the bill to-day. • Ir. DUNN. I shouJd be sorry if the gentleman bas lost any privilege attached to the bilL 

1\11-. McCREARY. We have not lost any privilege. We were only· 

1·equired to report the bill to-day, and because the document I have 

r eierred to has not been sent up to the House and also because anumber of gentlemen went away believing that this bill would be called 

up on Monday and Tuesday. I now ask that its consideration be postponed until immedia~ely niter the reading of the Journal of Tuesday, 

and that it be a continued order thereafter. 

:Mr. BAYNE. Let me usk the gentleman from Kentucky a question. J\fr. McCREARY. Certainly. 

Mr. BAYNE. Has a report been prepared with the bill? 

Mr. McCREARY. The report was published that was prepared. 

Mr. COX. How long is it? 

Mr. McCREARY. Very short. 

Mr. BAYNE. I trust, Mr. Speaker, that no obstacle will be interposed by anybody in the way of the prompt consideration of this bill. 

M:r. HOLMAN. Of course there is no opposition to it on thepartof 

anybody. 

:Ur. DUNN. What I am anxious about is the privilege attached to 

the bill. I hope it will not be placed in a category where it can be 

defeated by any filibustering process or any t><>ints of order, and there 

is no necessity for placing it in any such position. 

Mr. O'NEILL, of Mis ouri. I ask the gentleman from Kentucky 

[Mr. 1.\IcCm:A.RY] to modify his request so as to have this measure 

brought up immediately after the hour for the consideration of bills 

called up by committees. Otherwise I should be compelled to object, 

because the consideration hour · of that day is the only hour that our 

committee have any hope of getting this session for the consideration 

of our bills. Therefore I ask the gentleman to modify his request, so 

as to leave us that one hour, and let this bill come up afterwards. 

Mr. McCREARY. I have no objection to that. 

:Mr. SPRINGER. I de.slre to ask the gentleman from Kentuc1..-ry 

whether he will be able to conclude the consideration of this bill on Tuesday. 

Mr. McCREARY. 'I hope so, but I am not able to say. 

Mr. SPRINGER. I en.rne tly u nite with the gentleman in that 

hope. 

Mr. FARQUHAR. We all do. 

Mr. WHITE, of New York. So say we all 

The SPEAKER pro tempore. The gentleman from Kentuch--y [ Mr. McCREARY] asks unanimous consent that the consideration of this bill 

be postponed until Tuesday next after the consideration hour shall have 

expired, and that it be then taken up and considered from day to day 

until disposed of. Is there objection? 

Mr. PERKINS. As I understand the proposition, the bill is not to 

be taken up each day until after the consideration hour has expired. 

The SPEAKER pro mnpore. Yes. Is there objection to the request 

of the gentleman from Kentucky? 

There was no objection, and it was so ordered . 

OHIO CENTENNIAL EXPOSITION. 

Mr. OUTHWAITE. I rise to a privileged motion. Heretofore, about 

the 15th day of Augw t, the Honse having under consideration Senate 

bill 3182 making an appropriation to enable certain departments of the 

Government to make an exhibit at the Ohio centennial exposition, 

certain amendments were adopted. I entered motions to reconsider 

those amendments and called them up, but, finding no quorum present and not desiring to interiere with the business of the Honse, I with- drew them with the understanding that the privilege of the mot.ions 

still remained. I now wish to call up those motions to reconsider, in 

the hope that the House will dispose of them and give us an opportunity to hnve'the National Government make a small exhibit at the 

Ohio centennial, commencing next week. The first motion is to reconsider the amendment offered by the gentleman from Virgilia [Mr. 

WISE]. The previous question having been ordered, the motions, I 

understand, are not debatable. 

The SPEAKER pro tempore. That is correct. 

N A. V .A L 1\IILITIA.. 

:Mr. WHITTHORNE. I ask the gentleman from Ohio to yield to 

me for a moment to ask unanimous collSent of the Honse to have 

Thursday, the 13th day of September, designated for the consideration 

of the bill reported by the Committee on Naval .Affairs for the enrollment of a naval militia and the organization of naval reserve forces. 

1\Ir. 0'.1\TEILL, of Missouri. I ask the gentleman from Tennessee 

to name some other da.y, for the reason that if the Committee on RuJes--

Mr. OUTHWAITE. If there is to be contention over this matter, 

I think I had better not yield. 

Mr. 0'.1\TEILL, of Missouri, withdrew his objection. 

The SPEAKER pro tempore. The gentleman from Tennessee [1\Ir. 

WHITIHORNE] asks unanimous consent that Thursday, the 13th day ot 

September, be designated for the consideration of House bill1062'2, the 

bill indicated by him. Is there objection? 

Mr. HOLMAN. I hope that ifthatorder is made it will be subject 

to reports of a privileged nature from the Committee on Public Lands, 

as I desire to report a bill from that committee on that day . 

Mr. WHITTHORNE. I will agree to that. 

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

gentleman from Tennessee [Mr. WHITTHORNE]? . 

Mr. WEAVER. I have just come into the Hall, and I would like 

to know what this bill is. 

The Clerk again reported the title of the bill. 

The SPEARER pro tempore. Is there objection? 

Mr. KILGORE. I demand the regular order. 

OIDO CENTENNIAL EXPOSITION. 

MT. 0 THW AITE. Then, Mr. Speaker, I call up the motion to re- ~ 

consider the vote adopting the amendment offered by the gentleman 

from Virginia. [Mr. WISE] to the bill (S. 3182) making an approprilltion to enable the civil departmentsofthe GovernmentandtheBurean 

of Agriculture, the Government Printing Office, the Smithsonian Institution, including the National Museum, and the Commission of Fish 

and Fisheries, to participate in the Ohio centennial exposition to be 

held at Columbus, Ohio, from September 4 to October 19, 1888. The Clerk read the amendment of Mr. 'VISE, as follows: Thftt any surplus arising from appropriations made to either of t.he Depart- ments by the act of May 28, 1888, for participation in the centennial expo ition of the Ohio Valley, may be transferred and used for the same po.rpose t.o participate equally in the national exposition to be held in the cities of Augrut.&, Ga.., and Richmond, Va., duringthemonthsofOctoberandNovem.berofthe present year. •· 

Mr. CLEMENTS. I rise to a parliamentary inquiry. 

The SPEAKER pro tempore. The gentleman will state it. 

Mr. CLEMENTS. Would it be in order to raise the question of 

consideration between ~at and an appropriation bill? 

The SPEAKER pro tempore. The Chair thinks it would. 

Mr. OUTHWAITE. It is too late, the House having entered upon 

the consideration of this question. 

The SPEAKER p1'o tempore. The Chair thinks it is now too late. Mr. CLEMENTS. The amendment has only been read. 

Mr. OATES. I move to lay the motion of the gentleman from Ohio 

[Mr. OUTHWAITE] to reconsider on the table. 

.Mr. OUTHWAITE. I hope that motion will be voted down. 

Mr. OATES. I know yon do. The question being taken on the motion of Mr. O.ATES to lay on the 

~ble the motion to reconsider, it was disagreed to-n.yes 30, noes 69. 

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1888 CONGRESSIONAL RECORD-HOUSE. 8191 

The question recurring on the motion to reconsider the vote by which 

the amendment of .M:r. WISE was adopted, the motion to reconsider was 

agreed to. 

:Mr. OUTHWAITE. I rise to a parliamentary inquiry. I under- stood from the Speaker the other day that it would be proper to vote 

upon n.ll the motions to reconsider· before again taking the question upon 

the amendments. 

The SPEAKER pro tempore. That is true. 

Mr. OUTHW .A.ITE. I next call up the motion to reconsider the vote 

by which the amendment of the gentleman from Iowa [Mr. HENDERsoN] was adopted. 

:Mr. 'HENDERSON, of Iowa. I move to lay the motion to reconsider on the table. This is the amendment in favor of the Atlanta Industrial Exposition of the colored people of the United States. 

Mr. OUT HW .A.ITE. I hope the motion of the gentleman from Iowa 

(1\Ir. HENDERSON] will be voted down by as decisive a vote as was the 

motion of the gentleman from .Alabama [Mr. OATES]. 

The SPEAKER pro tempore. The Clerk will report; the amendment 

of the gentlemn.n from Iowa. · The Clerk proceeded to read the following amendment: 

Amend by adding the following: · . "\Vhereas it is desirable to encourage the colored people in the1.r efforts to pro- mote the industrial progress of the race by the holding of a. national industrial exposition in the years 1888 and 1889, in the city of Atlanta, Ga., to be held under the joint auspices of the United States, the Colored World's Fair Association of America an institution for the public welfare incorporated under the general laws of Georgia, and of the city in which it may be located, and in which the works of art, field products, live-stock, manufactures, machinery, and other articles raised, fabricated, produced, or owned by colored people throughout the United ~tates of America will be the chief exhibit, and which is design-ed to culth-ale a thorough knowledge of the arts and tra-des among the colored peo- ple, create among them a stimulus t{) industrY:, and show the results of ~heir 

progress in education, art, manufactures, the science of forestry, and horticult- ure and furnish to the Government information as to the educational and in- dustrial progress of its colored citizens; and, " \Vhereas such an exhibition should be national in its character, and should ba '"e the sanction of the Congress of the United States: Therefore, "Be it enacted, etc., That the President of the United States may, upon the rec-- ommendation of the board of directors of the Colored World's Fair Association of Awe rica, appoint eleven commissioners, who shall constitute a board of man- agement of a national industrial exposition of the arts, mechanics, and products of the colored race throughout the United States of America., to be held in the years 1889-'90, under the auspices of the Colored World's Fair Association of America. -

"SEc. 2. That the President of the United States may, upon the recommenda- tion of the board of management of said national industrial exposition, appoint one commissioner and one alternate commissioner for each State and Territory, whose functions shall be defined by the said board of management. "SEC. 3. That all of said commissioners shall be appointed within three months after the passage of this act. •' SEc. 4. That said board of management shall hold its meetin~ in the city of Atlanta, State of Georgia, and that a majority of said board of management shall have full power to make all needful rules and regu.lations for its government. ·• SEc. 5. That said board of management shall report to the President of the Unit-ed States a suitable date for opening and closing the exposition, a schedule of appropriate ceremonies for opening or dedicating the same, and such other matters as in their jud~ment may be deemed important. '' SEc. 6. That no compensation for services shall be paid to the commissioners or ot.her officers vrovided by this act from the Treasury of the United States. "SEc. 7. That whenever the President shall be informed by the said board of management that provision has been made for suitable buildings, or- the erec- tion of the same, for the purposes of said exposition, the President shall, through the Department of State, make proclamation of the same, setting forth the time at which the exhibition will open and the place at which it will be held. ·• SEC. 8. That the sum of $250,000 be, and the same is hereby, appropriated out of any money in the public Treasury not otherwise appropriated, as a loan to the said national industrial exposition, to be used and employed by the board of management thereof to augment and enhance the success of the national in- dustrial exposition in such manner as said board of management may deter- mine, and in accordance with the provisions of this ac.t: PrO'V'ided, That the said sum shall be paid by the Secretary of the Treasury of the United States on the drafts of the president and secretary of the board of management of the national industrial exposition authorized bv order of said board, one--third of the amount immediately after the passage o! this act, upon being satisfied that $20,000 has been contributed and paid into the said board for the purpQses of the exposition 

by the contributors to and shareholders of the national industrial exposition, and the remainder in two monthly payments thereafter upon being satisfied that each of the prlorpayments has been faithfully applied a-s req nired by this act; and for this purpose he shall have free access to the accounts and all transactions of said board: Provided jurl.her, That no greater amount shall be expended, or liability or indebtedness of any kind incurred upon buildings, grounds, and preparatious than the aggregate sum that may be paid in by the subscn"bers to the capital stock and by donations, and the amount. of the loan proYi.ded herein: A nd provided further, That in the distribution of the amounts that may remain in the treasury of the board of management after the payment of the current ex- penses of administration the amount of the appropriation· hereinbefore made shall be paid in full into the Treasury of the United States before any dividend or percentage of profits or assets shallJ>e paid to the holders of said stock or contJ:ibutors: Provided further, That the Government of the United States shall not, under any circumstances, be Liable for any debtor obligation creat-ed or in- curred by the national industrial exposition or its board of management, or for any sum whatever in addition to the amount appropriated bythi~ act; and that adequate space for such exhibits as the Government of the United States may see proper to make at said exposition shall be furnished free of all charge by said board: Provided further, That no sum shall be paid to the said board of man- agement of said exposition until after the president and secretary and a majority of the members of said board shall have executed a bond, with good and solvent security, to be approved by the Secretary of the Treasury, in the sum 

of $100,000, to sufficiently secure the safe-keeping and the faithful disburse-- ment of the sum hereby appropriated, and for the faithful observance of this act with regard to the limitation of expenditures and liabilities as fixed herein, and for the repayment to the Government of the United States of the sur- plus of proceeds of said exposition remaining after payment of the current expenses of administration, said repa.ymentin no case to exceed the loan. The - receipt of the luan herein made, or any part thereof, by said board of manage-- m ent shall be a full acceptance of all trusts, conditions, and obligations of this net by the said board of management and by the corporatio11 <~rea ted under the 

laws of the State of Georgia. and designated as 'The Colored 'Vorld's Fair As- saciation of America.' "SEc. 9. Thatrin case articles shall be imported for the sol~ purpose of exhibi- tion at said fair, said articles being the work or production of the colored race, they shall be admitted without the payment of duty or of customs charges under such regulations as the Secretary of the Treasury shall prescribe: Prov-ided, That all such articles as shall be sold in the United States or withdrawn for consump- tion therein at any time after such importations shaU be subject to the duties, if any are imposed on like articles, by the revenue laws in force at the date of im- portation: .And provided furthe:r, That in case, any articles imported under ~he 

provisions of this act shall be withdrawn for consumption, or shall be sold Wlth- out payment of dutv as required by law, all penalties prescribed by the revenue laws shall be applied and enforced against such articles anu against the persons who may be guilty of such withdrawal or sale." 

Mr. OUTHWAITE (before the reading of the amendment was con- cluded) said: Jtir. Speaker, I ask that the further reading of this amendment be dispensed with. Enough has been read to show the nature 

oi the amendment; and I suppose it is generally understood, as it was discus~ed in the House when this question was last under considerat!On. 

Mr. HENDERSON, of Iowa. I do not object to dispensing with t-he 

further reading. It is understood that this is the amendment in favor 

of the national exposition of the colored people of the United States at 

Atlanta. 

There being no objection, the further reading of the amendment was dispensed with. 

The SPEAKER pro tempore. The question is on the motion of the 

gentlem-an from Iowa [Mr. HENDERSON] to lay on the table the mo- tiop of the gentleman from Ohio [1tfr. OUTHWAITE] to reconsider the 

vote by which this amendment was adopted, . Mr. HENDERSON, of Iowa. In order that there may be no miSunderstanding, I wish to say that this amendment was put on the Columbus propo&ition. The gentleman from Ohio now moves to recon- sider so as to get rid of the amendment; and I move to lay his motion on the table. 

Mr. OUTHWAITE. I have moved to reconsider so that this meas- ure with reference to the Atlanta. exposition may be considered hereafter as a separate proposition. 

The question being taken on tho motion of Mr. HENDERSON, of 

Iowa, there were-ayes 38, noes 45. 

Mr. HENDERSON, of Iowa. I call for the yeas and nays. 

The yea-s and nays were ordered, 33 voting in favor thereof. 

:Mr. OATES. Before the vote is taken will the Chair state the question, as I think some members do not understand it. 

The SPEAKER pro tempore. The question is on the motion of the 

gentleman from Iowa to lay on the tabl-e the motion of the gentleman 

from Ohio to reco~ider the vote by which the amendment of the gen- tleman from Iowa was adopted. 

The question was taken; and there were-yeas 87, nays 64, not voting 173; as follows: YEAS-87. 

Abbott, Butler, Adams. Cannon, 

Allen, Mich. Caswell, 

Anderson, Iowa. Chipman, 

Anderson, llL Qlements, 

Anderson, Kans. Cobb, 

Baker, Ill. Conger, 

Bankhead, Dockery, 

Bayne, Dorsey, 

Bingham, Elliott, 

Bland, Farquhar, 

Bliss, Fuller, 

Bound, Funston, Bowe·n, Gear, 

Breckinridge, Ark. Gest, 

Brewer, Goff, 

Brower, Haugen, 

Browne,T.H.B., Va.. Henderson, Iowa Brown,J.R.,Va. Henderson, Ill. 

Bunnell, Hermann, 

Burnes, Hlestand, 

Burnett, Hitt, 

Holmes, 

Hutton, 

Jackson, 

Johnston, Ind. 

Kilgore, 

Lane, 

Lehlbach, 

Lyman, 

Mahoney, 

Martin, 

Moffitt., 

Morgan, 

Neal, 

Newton, 

Nutting, 

Oates, 

Osborne, 

Perkins, 

Plumb, 

Post, 

Rice, 

Rogers, 

NAY8-64. 

Belmont, Forney, Nelson, 

Breckinridge, Ky. Glass, O'Ferrall, 

Brown, Oh10 Hall, O'Neall, Ind. Butterworth , Hare, O'Neill, Mo. Campbell, F., N.Y. Henderson, N. C. Outhwaite, 

Caruth, Herbert, Parker, 

Catchings, Holman, Penington, Cothran, Hooker, Phelau, 

Cowles, Lanham, Robertson, 

Cox, Latham, Rowland, 

Crouse, Lee, Sayers, 

Culberson, Lind, Seney, 

Dibble, :Maish, Snyder, 

Dunn, McClammy, Sowden, Felton, McCreary, Springer, Foran, McKenna, Stockdale, 

NOT VOTING-173. 

Romeis, 

Russell, Conn. Ryan, 

Scull, 

Shively, 

Smith, 

Steele, 

Stewart, Ga. 

Stone, Ky. 

Symes, 

Tarsney, 

Taylor, E. B., Ohio Thoi.DaS, Wis. Vance, 

Vandever, 

Weaver, 

Weber, 

Wheeler, 

White, Ind. 

Woodburn, 

Yardley. 

Stone, Mo. 

Struble, 

Taulbee, 

Taylor,J. D., Ohio Thompsou, Ohio Thompson, CaL Tracey, 

Townshend, 

Walker, 

Washington, 

White, N.Y. Whiting, Mich.. 

Whitthorne, 

Williams, 

Wilson, Minn. Yoder. 

Allen, Mass. 

Allen, l\liss. Andersvn, 1\<Iiss. Arnold. 

Atkinson, 

Bacon, 

Belden, 

Biggs, 

Blanchard, 

Blount, 

Boothman, 

Bout-elle, 

Bowden, 

Browne, Ind. Brumm, 

Bryce, Cheadle, 

Buchanan, Clardy, 

Baker, N.Y. Barnes, 

Barry, 

Buckalew, Clark, 

Burrows, Cockran, 

llynum, Cogswell, 

Campbell, Ohio Collins, 

Campbell,T . .J.,N.Y.Compton, Candler, Cooper, Carlton, Crain, 
I 

8192 CONGRESSIONAL RECORD-HOUSE. . SEPTEMBER 1' 

Crisp, 

Cummings, 

Cutcheon, 

Dalzell, 

Dargan, 

Darlingt.on, Davenport, 

Davidson, Ala. 

Davidson, Fla. 

Davis, 

DeLano, 

Dingley, 

Dougherty, 

Dunham, 

Enloe, 

Ermentrout, 

Finley, 

Fisher, 

Fitch, 

Flood,-

Ford, 

French, 

Gaines, 

Gallinger, Gay, 

Gibson, 

Glover, 

Granger, 

Greenman, 

Grimes, 

Grosvenor, 

Grout, 

Guenther, 

Harmer, 

Hatch, 

Hayden, 

Hayes, 

Heard, 

Hemphill, 

Hires, 

Hogg, 

Hopkins, III. Hopkins, Va. Hopkins, N.Y. Houk, 

Hovey, 

Howard, 

Hudd, 

Hunter, 

Johnston, N. C. 

Jones, 

Kean, 

Kelley, 

Kennedy, 

Kerr, 

Ketcham, 

Laffoon, 

La Follette, 

Lagan, 

J ... aidlaw, 

Laird, 

Landes, 

Lawler, 

Lodge, 

Long, 

Lynch, 

Macdonald, 

Maffett, 

Mansur. Mason, 

Matson, 

McAdoo, 

McComas, 

McCormick, 

McCullogh, 

McKinley, 

McKinney, 

McMillin, 

McRae, 

McShane, 

Merriman, 

Milliken, 

Mills, 

Montgomery, 

1\ioore, 

Morrill, 

Morrow, 

Morse, 

Nichols, 

Norwood, 

O'Donnell, 

O'Neill, Pa. Owen, 

Patton, 

Payson, 

Peel, 

Perry, 

Peters, 

Phelps, 

Pidcock, 

Pugsley, 

Randall, 

Rayner, 

Reed, 

Richardson, 

Rockwell, 

Rowell, 

Russell, Mass. Rusk, 

Sawyer, 

Scott, 

Seymour, 

Shaw, 

Sherman, 

Simmons, 

Spinola, 

Spooner, 

Stahlnecker, 

Stephenson, 

Stewart, Tex. Stewart, Vt. Thomas, Ky. 

Thomas, Ill. Tillman, 

Turner, Kans. Turner, Ga. 

Wade, 

Warner, 

West, 

Whiting, Mass. 

Wickham, 

Wilber, 

Wilkins, 

Wilkinson, 

Wilson, W.Va. Wise, 

Yost. 

No quorum voting. 

By unanimous consent, the reading of the names was dispensed with. 

MI-. HATCH. I am paired with the gentleman from Vermont, Mr. 

STEW .ART, and voted simply to make a quorum. I understand that no quorum appears on the vote, and therefore withdraw my vote. 

Mr. OUTHWAITE. I ask unanimous consent that the names of the 

absentees be again called, in order that there may be a quorum, as I 

understand several members have returned to the Hall since the call 

began. 

Ur. HENDERSON, of Iowa. The second call of the r-oll has been 

completed. 

The SPEAKER pro tempore. The Chair will submit the request of 

the gentleman from Ohio. 

:Mr. HENDERSON, of Iowa. I do not make any objection myself. 

MJ.·. OUTHWAITE. · My object is simply to secure the presence of 

n. quorum, so as not to interfere with other business for this day. 

Mr. HENDERSON, of Iowa. I will only ask if i't has not been heretofoi·e decided that, even by unanimous consent, the vote of a member can not .be recorded after the second call of the roll unless he was actually 

present when his name was called? 

The SPEAKER pro tempore. The Chair does not remember any decision upon the point. 

1\fr. DOCKERY. The Speaker of the Honse decided a few days ago 

that by unanimous consent the roll of absentees could again be called. 

Mr. RYAN. I think that question was not raised; I want to 

say--

Ur. ·BLAND. I understand that no gentleman can vote after the 

.oecond roll-c~l1, even by unanimous consent, unless he was in the Hall 

and failed to respond when his name was called. 

Mr. RYAN. That is correct. 

Mr. OUTHWAITE. I withdraw the request. 

Mr. SPRINGER. I renew it. 

The SPEAKER pro tempm·e. Is there objection to the request of t~e 

gentleman from Illinois that the names of the absentees be agam 

called? [Cries of" Regular order I"] 

Mr. WISE. I wish to state that when I voted I bad forgotten that 

I was paired with the gent.leman from Maine, Mr. BouTELLE. I therefore withdraw my vote. _. . l\fr. ENLOE. I desire to record my vote on tn1s questiOn. 

The SPEAKER pro tempo1·c. Was the gentleman in the Hall when 

his name was called? 

Mr. ENLOE. I was out for the moment, but entered immediately 

after my name was passed on the roll. 

The SPEAKER pro tempore. The Chair can not entertain the request under the rule. 

MI. O'FERRALL. I am paired with t'he gentleman from Illinois, 

!1r. MAsoN. I voted "no." If be were present, I think be would 

vote "ay." 

The SPEAKER pro tempore. The Clerk will report the pairs. 

The following members were announced as being paired until further 

notice: 

Mr. WILKINS with Mr. LONG. 

Mr. HATCH with Mr. STEw .ART, of Vermont. 

Mr. RusK with Mr. O'DoNNELL. 

Mr. RAYNER with Mr. GROSVENOR. 

Mr. STAH'LNECKER with Mr. WICKHAM. 

Mr. HOPKINS, of Virginia, with Mr. LAIDL.A W. Mr. BRYCE with Mr. FARQUHAR. 

Mr. RICHARDSON with Mr. CHEADLE. 

Mr. DAVIDSON, of Alabama, with Mr. P .A '!TON. 

Mr. SNYDER with Mr. YosT. 

Mr. BA.RNES with Mr. BAKER, of New York. Mr. ERMENTROUT with Mr. GROUT. .1\Ir. FORD with Mr. GUENTHER. 

Mr. GLOVER with Mr. PUGSLEY. 

Mr. McADOO with Mr. CooPER. 

Mr. D.A VIDSON, of Florida, with Mr. O'NEILL, of Pennsylvania. 

Mr. 0UTHW AITE with Mr. McKINLEY. . 

Mr. McRAE with Mr. KERR. 

Mr. DOUGHERTY with l'lfr. STEPHENSON. 

Mr. BOUTELLE with M'r. WISE. 

Mr. DARGAN with Mr. WEST. 

Mr. STEW .ART, of Texas, with Mr. DUNII.AM. 

Mr. CLARDY with Mr. W .ADE. 

Mr. PERRY with Mr. SPOONER. 

Mr. COLLINS with Mr. ALLEN, of Massachusetts. 

Mr. GREENM.AN with Mr. SHERl\I.AN. 

Mr. O'FERR.ALL with Mr. MASON. Mr. COMPTON with Mr. GoFF. 

Mr. FISHER with Mr. KE.AN. 

Mr. BIGGS with Mr. MORROW. Mr. BELMONT with Mr. DAVENPORT. 

Mr. SCOTT with Mr. CLARK. 

Mr. CANDLER with Mr. FINLEY. 

Mr. GRANGER with Mr. ROCKWELL. Mr. BLANCHARD with Mr. THOMAS, of illinois. 

Mr. MONTGOMERY with Mr. HUNTER. 

Mr. MORSE with Mr. WHITING, of Massachusetts. 

Mr. TURNER, of Georgia, with Mr. REED. 

Mr. CRISP with Mr. ROWELL. 

Mr. How .ARD with Mr. HOPKINS, of Illinois. 

Mr. CARLTON with Mr. MOFFITT. 

Mr. TIMOTHY J. C.A IPBELL with Mr. BO'VI'DEN. 

Mr. CUTCHEON with Mr. TARSNEY. 

Mr. McSHANE with Ur. YARDLEY. 

Mr. JoHNSTON, of North Carolina, with Mr. SEnioun .• 

Mr. HUDD with Mr. ARNOLD. 

Mr. TILLMAN with Mr. HOPKINS, of New York. 

Mr. BUCK.A.LEW with Mr. BAYNE. 

Mr. McMILLIN with Mr. BURROWS. 

Mr. DARLINGTON with Mr. MOORE. Mr. PIDCOCK with Mr. PHELPS. 

Mr. RUSSELL, of Massachusetts, with Mr. COGSWELL. 

Mr. JONES with Mr. CROUSE. 

Mr. HE11IPHILL with Mr. MILLIKEN. 

Mr. WHITING, of Michigan, with Mr. Homr. 

Mr. LAWLER with Mr. DE L.ANO. 

Mr. CAMPBELL, of Ohio, with Mr. KENNEDY. 

Mr. McKINNEY with Mr. BOOTHMAN. 

Mr. WILSON, of West Virginia, with Mr. McCo::l:r.AS. 

Mr. MILLS with Mr. EZRA B. TAYLOR. 

Mr. BYNUM with Mr. OWEN. 

Mr. H.A YES with Mr. FELTON . Mr. GAY with Mr. HIRES. 

Mr. LANDES with Mr. ~iORRILL. 

Mr. PEEL with Mr. KETCHAM. 

Mr. R.AND.ALL with Mr. KELLEY. 

Mr. MATSON with Mr. HOVEY, until the 14th instant. 

Mr. BLOUNT with Mr. PETERS. 

Mr. BACON with Mr. HARMER. on this vote. 

Mr. KELLEY. Mr. Speaker, a pair has been announced between 

myself and my colleague from Pennsylvania [Mr. RANDALL]. I was 

paired for the four weeks that I was away, but reported and rec1ucsted 

the pair to be released. If it will be any obligation, however, to my 

sick colleague, I will let it stand. 

The SPEAKER 'fri'O tempore. The Chair thinks it is a matter for tl1e 

gentleman from Pennsylvania. 

Mr. KELLEY. I will allow the pair to be announced. 

Mr. GUENTHER. I hear that I am paired with Mr. FoRD, of 

Michigan; I therefore wish to withdraw my vote. 

The SPEAKER pro tempore. On this question the ye:l.S nrc 87, tho 

nays are 64. No quorum bas voted. 

Mr. FORNEY. I move a call of the House. 

The motion was agreed to. 

The Clerk proceeded to call the roll, and the following-name-d members failed to answer: 

Allen, Mass. 

Allen, Miss. 

Arnold, 

Atkinson, 

Barnes, 

Barry, 

Belden, 

Belmont, . Biggs, 

Blanchard, 

Boothruan, 

Boutelle, 

Bowden, Clark, 

Browne, Ind. Cockran, 

Brumm, Cogswell, Bryce, Collins, 

Buckalew, Compton, Burrows, Cooper, Buttet·worth, Crain, 

Bynum, Crisp, Campbell, Ohio Cummings, Campbell, T.J.,N.Y.Cutcl..teon, 

Candler, Dalzell, 

Clardy, • Dargan, 

Darlingt-on, 

Davenport, 

Da.vidsou, .A ln. Davidson, Fh, 

Davis, 

DeLano, 

Dingley, · Dunham, 

Ermentrout, 

Finley, 

Fisher, 

Fitch, 

• 
' . 

1888. CONGRESSIONAL RECORD-_ HOUSE. 8193 

Flood, Jones, Mills, 

Ford, Kean, Montgomery, Gaines, Kennedy, Morse, 

Gallingc,, Kerr, • Nichols, 

Gay, Lagan Norwood, 

Gibson, Laidlaw, Oates, 

Glover, . Laird, O'Donnell, • Granger, Landes, O'Neill, Pa. 

Grimes, Lawler, Owen, 

Grosvenor, Lodge, Patton, 

Grout, Long, Peel, 

Harmer, Lynch, Perry, Hayden, 1\:lacdonald, Peters, 

Hayes, Maffett, Phelps, Heard, Mansur, Pidcock, 

Hemphill, Mason, Pugsley, Hogg, 1\lo.tson, Randall, 

Hopkins, Dl. McAdoo, Rayner, Hopkins, Va. McComas, Reed, 

Hopkins, N. Y. 1\lcCormick, Richardson, 

Houk, McKinley, Rowell, 

Hovey, McKinney, Russell, l\lass. 

Howard, McMillin, Rusk, 

Budd, 1\IcRae, Scott, 

Hunter, McShane, Seymour, Johnston, N. 0. Milliken, Sherman, 

Simmons, 

Spinola, 

Spooner, 

Stahlnecker, 

Stephenson, 

Stewart, Tex. 

Stewart·, Vt. 

Thomas, Ky. Thomas, lll. 

Tillman, 

Tnrner, Kans. 

Turner, Ga. 

Vance, 

Wade, 

West, 

Whiting, Mass. 

Wickham, 

Wilber, 

Wilkins, 

Wilkinson, 

Wilson, W.Va. 

Yardley, 

Yost. 

The names of the foregoing absentees were called for the presentation of excuses. The following-named members were absent on leave: 

Biggs, .Blanchard, Bynum, Barnes, Candler, Cogswell, Cutcheon, 

Cooper, De Lano, Dargan, Davidson of Florida, Ermentrout, Finley, 

Fitch, Ford, Granger, Gaines, Grosvenor, Gallinger, Grout, Hemphill, 

Houk, Hunter, Hovey, Hopkins of Virginia, Hopkins of New York, 

Johnston of North Carolina, Laidlaw, :McShane, McRae, Matson, McKinley, Owen, Pidcock, Patton, Randall, Rayner, Stephenson, Simmons, Scott, Sherman, Stewart of Texas, Stahlnecker, Thomas of Kentucky, Turner of Georgia, Wilber, Wilkins. 

For the remaining absentees no excuses were offered except in the 

following cases:, Mr. CATCHINGS. I ask that Mr. BLANCHARD be excused on account of sickness. 

There was no objection. 

Mr. WHITTHORNE. I desire to ask that my colleague [Mr. RICHARDSON] be excused indefinitely, by reason of ill health. 

There was no objection. 

The SPEAKER pro tempcrre. One hundred and seventy-three members have answered to their names. . Mr. FORNEY. I move to dispense with further proceedings under 

the call. 

The motion was agreed to. 

ORDER OF BUSINESS. 

1\Ir. FORNEY. I rise to call up the conference report on the sundry 

civil bill. 

The SPEAKER pro tempore. That_is in order, and the Clerk will report the next amendment. 

REPORTS OF COMMITIEES. 

Mr. FORNEY. I ask unanimous consent that members having re- ports to make for reference to appropriate Calendars have leave to present them to the Clerk, and that the morning hour be dispensed with. 

There was no objection, and it was so ordered. 

FILING OF REPORTS. 

The following reports were filed by being handed in at tJ:ie Clerk's 

desk: 

NANCY E. DAY. 

Mr. MANSUR, from the Committee on Claims, reported back favorably the bill (S. 1245) for the relief of Nancy E. Day, administratrix 

of the estate of James L. Day, deceased; which was referred to the 

Committee of the Whole House on the Private Calendar, anu, with the 

accompanying report, ordered to be printed. 

WILLIAM J. MARTIN. 

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

favorably the bill (S. 728) for the relief of William J. Martin, of Oregou; which was referred to the Committee of the Whole Honse on the 

Private Calendar, and, with the accompanying report, ordered to be 

printed. 

CHARLES MUBPHY. 

Ur. MANSUR also, from the Committee on Claims, reported back 

favorably the bill (S. 661) for the relief of Charles Murphy; which was referred to the Committee of the Whole Honse on the Private Calendar, and, with the accompanying report, ordered to be printed. 

• JOHN FINN. 

Mr. MANSUR also, from the Committee on Claims, ·reported back 

favorably the bill (S. 4891) for the relief of John Finn; which was referred to the Committee of the Whole Honse on the Private Calendar, 

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

GEORGE A. WASHBURN. 

George A. Washburn, late major Sixteenth Connecticut Volunteers; 

which was referred to the Committee of the Whole House on the Private Calen<4r, and, with the accompanying report, ordered to be 

printed. 

MARY JANE JELLY. 

Mr. FRENCH al from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 10825) granting a pension to Mary Jane 

Jelly; which was referred to the Committee of the Whole Honse on the 

Private Calendar, and, with the accompanying report, ordered to be 

printed. 

ALBERT C. ANDREWS. 

Mr. FRENCH also, from t4e Committee on Invalid Pensions, reported 

back with amendment the bill (H. R. 11187) for the relief of Albert 

C. Andrews; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying repor~, ordered 

to be printed. 

l\IARY E. M'QUEEN. 

Mr. MORRILL, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 11243) granting a pension to Mary E. 

McQueen; which was referred to the Committee of the Whole Honse on the Private Ca,lendar, and, with the accompanying report, ordered 

to be printed. 

ELIZABETH HECKLER. 

Mr. SAWYER, from the Committee on Invalid Pensions, reported 

back favorably the bill (H. R. 11222) granting a pen£ion to Elizabeth 

Heckler; which was referred to the Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to 

be printed. 

HELEN E. CONVERSE. 

Mr. GALLINGER, -from the Committee on Invalid Pensions, re- ported as a substitute for House bill No. 10462 a bill (H. R. 11327) 

granting a pension to Helen E. Dewey; which was read a first and sec- ond time, referred to the Committee of the Whole House on the Private 

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

Honse bill No. 10462 was laid on the table. 

GEORGE A. GLOVER. 

Mr. GALLINGER also, from the Committee onlnvalid Pensions, re- ported back favorably the bill (H. R. 11223) to increase the pension of G~orge A. Glover; which was referred to the Committee of the Whole 

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

WILLIAM E. SPRINGSTEIN. 

Mr. CHIPMAN, from the Committee on Invalid Pensions, reported 

back with amendment the bill (H. R. 10199) for the relief of William 

E. Springstein; which was referred to the Committee of the Whole 

House on the Private Calendar, and, with the accompanying report, 

ordered to be printed. 

WILLIAM H. MARSTON. 

Mr. CHIPMAN also, from the Committee on Invalid Pensions, re- ported back favorably the bill (S. 311~) granting an increase of pension to William H. Marston; which was referred to the Committee of 

the Whole Honse on the Private Calendar, and, with the accompanying report, ordered to be printed. 

ELIZABETH B. S2\HTH. 

Mr. LYNCH, from the Committee on Invalid Pensions, reported back 

favorably the bill (S. 2910) to increase the pension now paid to Elizabeth B. Smith, widow of Bvt. Maj. Gen. Thomas Kilby Smith, United 

States Volunteers; which was 1·eferred t.o the Committee of the Whole 

Honse <Jn the Private Calendar, and, with the accompanying report, 

ordered to be printed. . 

BUFORD ISLAND LIGHT-HOUSE. 

Mr. LYNCH also, from the Committee on Glaims, reported back 

favorably the bill (H. R. 7116) for the relief of workmen employed in 

the construction ofBuford Island light-house, Lake Michigan; which was referred to the Committee of the Whole Honse on the Private Cal· en dar, and:· with the accompanying report, ordered to be printed. 

CANNON FOR SOLDIERS' HmiE. 

:Mr. MAISH, from the Committee on Military Affairs, reported back 

with amendment the bill {H. R. 6105) donating a 6-pound brass can- non to the illinois Soldiers and Sailors' Home; which was referred to 

the Committee of the Whole House on the Private Calendar, and, with 

the accompanying report, ordered to be printed. 

LOUISA M'LAIN. 

Mr. LANE, from the Committee on Invalid Pensions, reported back 

favorably the bill (H. R. 724) for the relief of Louisa McLain; which 

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

FORTIFICATIONS APPROPRIATION BILL. 

Mr. FRENCH, from the Committee on Invalid Pensions, reported M:r. SAYERS. With the consent of the gentleman from Alabama 

baek favorably the bill (S. 3236) granting an increase of pension t-o [Mr. FORNEY], I would ask that the fortification bill, which has just; 

XIX-513 
8194 CONGRESSIONAL RECORD-· HOUSE. SEPTEl\iBER 1 J 

been returned to the House from the Senate, with amendments, be ordered to be printed and referred to the Committee on AppropTiations. 

~fr. FORNEY. I have no objection to that. 

There was no objection, and it was so ordered. 

SUNDRY CIVIL APPROPRIATION BILL. 

The SPEAKER pro tem,pore. The Clerk report the pending 

amendment. 

The Clerk read as follows: 

That no part of the money appropriated by this act shall be used in the inves- tigation of any case or the prosecution of any p erson in the mining region of the United States for cutting, for mining or domestic purposes, dwarfed or scrubby timber unfit to be sawed or hewed into lumber of commercia l value. 

Mr. WOODBURN. I move that the Hou e recede from its disagreement to the Senate amendment. 

Mr. Speaker, as the House adjourned yesterday evening I was about 

to read an extract from the report of the Senate Committee 0::1 Public 

Lands upon which :i,s based the existing law, in order to determine 

what construction they placed on its provision. The law of the 3d of 

:March, 1878, under which prosecutions are now be1ng made, by order 

of the Commissioner of the Land Office, in the State of Nevada applies 

only to the States of Colorado and Nevada and the Territories with the 

exception of Wasllington and Dakota. It provides that every bona 

fide resident or citizen may enter upon the public lands and fell timber for building, mining, and domestic purposes. I claim that under 

this act a miner in Nevada and Colorado and in the Territories can cut 

any kind of timber for the purposes mentioned in this act. But if 

there be any question about that the circuit courts in the United States 

and the supreme courts of many of the States have decided that the 

kind of timber specified in the Senate amendment does not come within 

the definition of the word ''timber'' as used in the acts of Congress 

relating to its preservation. 

Mr. O'NEILL, of .Missouri. They are only fit for fuel. 

~. WOODBURN. That is all. The kind of timber mentioned in 

the amendment consists of scrubby pine, stunted cedar, and mahogany, 

. sometimes called manzanita. I am familiar with every foot of the 

arid regions. I have lived there twenty years1 and I 1."n0w whereof I 

speak. This timber does not grow in the vaUeys nor in the level 

places, but is always upon the mountain crags, on the barren hillsides, 

peeping out sometimes between clefts of rock, without the slightest indications of soil for ib~ nourishment. 

That kind of timber we say is not embraced within the act which I 

have just alluded to. I call the attention of the House to the case of 

the United States vs. Schuler, reported in 6 McLean, volume 6, Circuit 

Comt Reports of United States. That was an indictment containing 

two counts. The first count charges the defendant with being employed 

to remove and the second with aiding and assisting in removing timber 

from the lands of the United States. 

In that case the court said: 

The question then arose as to the interpretation of the word "timber." The court said it is a generic term. It properly signifies only such trees as are used in building. In this connection it is employed to signify the felled trees pre- pared for use and transportation, and embraces various uses to which timber can be appropriated, either in sltip or house building, whether pine logs, squared 

timber, or any other form in which cut trees are prepared, either for the saw- mill or transportation. 

I read now from the second volume of Abbott's dictionary, in which 

several cases axe cited as to what constitutes timber: 

A contract for the purchase of "timber " does not pass a title to trees which are only u seful for firewood. 

That was decided in the case of Nash vs. --51 Jlfa.ine, 417. Several 

otber cases are referred to in McLean's reports, decisions of the circa it 

courts of the United States upon this point. 

Now, Mr. Speaker, this is the only sort of timber that is found in 

the arid region of Eastern Nevada. My friend from ?t'lissouri [.Mr. 

BLAND J knows thesi tuation there. He knows that the town of Eureka 

with a population of six or seven thousand, iiQports its lumber from the 

town of Truckee in the State of California. The lumber is transported over 200 miles by rail to a point on the Central Pacific Railroad 

called Palisade, and from that, 80 miles, on a narrow-gauge road, to 

Eureka. Every man, woman and child in that town is dependent upon 

this timber for building, and not u pon the kind desiglli'\ted in the Senate 

amendment. The act of Congress woes the word ' ' building"-timber 

• " for building." There is not a stick oftimberin that country that can 

be used for that purpose, and therefore, under the uniform decisions, 

it does not como within the operation of a statute relating to the protection and preservation of timber on the public lands of the United 

States. 

Mr. BLA.ND. Will the gentleman yield for a motion that the House 

agree to the Senate amendmen t with anamendmentproviding that the 

m oney shall not be used in t he prosecution, etc., except of persons or corporations who may have cut off this timber and sold it in other places 

than the localities where it has grown'? The object is to confine the use of the timber to the mines in the neighborhood and to the popula- tion in the immediate vicinity. 

1\Ir. WOODBURN. The gentleman must know that all that scrub 

timber within a circuit of 35 or 40 miles from ibe town of Eureka has 

been cut and used in the mines of the immediate vicinity. It is not 

fit for anything else. It can not be hewn or sawed or square9. It bas 

no commercial value. It is used for smeltinO' the ores and for domestic purposes, and for no other purposes. o 

I am willing that the Congress shall pass a law making itt. misde· 

meanor to export from the vicinity any wood of the sort mentioned in 

the amendment. 

Mr. BLAND. The point! make is this. If I understand correctly, 

the Government has reserved that timber for the benefit of local mining operations and for fire-wood. Now, I think it ought to be the law, 

if it ic; not, that any corporation or person who shall take timber from 

one locality and ship it to some other locality shall be subject to a 

penalty, because if they are permitted to do that the great benefit of 

the timber for mining pmpo es and for domestic purposes will be lost. 

In other woTds, individuals or corporations can now step in and take 

ad vantage of the Government's right and denude those localities of their 

timber and ship it off to other places, thus depTiving the local miners 

and the local communities of the very benefit which the Government 

intended to secure to them. TheTefore I supposed that the gentleman 

would be willing to agree to an amendment to the Senate amendment, 

providing that no prosecution shall be had except where the timber 

bas been cut and transported to other localities for mining purposes. 

.Mr. WOODBURN. Before I consent that the gentleman shall offer 

an amendment of that sort I want him to point me to some law now 

exi ting, or some authority authoTizing the Commissioner of the Land 

Office to bring tbe sort of prosecutions he has instituted on the information of spies in the State of Nevada. I want the gentleman to 

point me to an in tance in the State of Nevada where that kind of 

wood ever has been used in any other locality than that in which it 

grew. 

111r. BLAND. If not, of course the amendment could do no harm, 

and it might do great good. 

Mr. FELTON. The amendment as the gentleman proposes it would 

be rather vague. There are some places where timber is very necessary and where there is none to be found within 80 or 100 miles. 

Thi wood is worthless for any other purpose than fuel. 

1\'Ir. BLAND. · My object is to prevent this scrub timber being cut 

and sent off to other localities. I believe it ought to remain in the 

localities where it grows for the benefit of the miners and other peo1>le 

there, and when you permit speculators to go there and denude that 

country of its timber yon simply permit them to take advantage of 

the Government's l}berality and to deprive the people of the locality 

of the advantage which the Government intended to secure to them. 

I do not know that any such case has occutred; but it seems to me that 

if the Senate amendment ~re amended in the way I have suggested 

there would be no objection to it. If it is a fact, as is claimed, that 

certain localities have beeri denuded of their timber for the bemfit of 

distant communities, I think that ought to be stopped. 

Mr. FELTON. What do you mean by'a ''locality?" 

Mr. BLA.ND. A mining district.. I suppose they are defined by 

the law. I understand that those districts are generally defined by local Jegislation, or by the customs of the miners. But whether that be 

so or not, I do not think this wood ought to be cut and sent away from 

one place to another to the exclusion of the home community. 

Mr. FELTON. Neither do I; but you want to draw the line some· where-you must define it. 

Mr. WOODBURLf. I say to the gentleman from Missouri [Mr. 

BLA ~D] that I do not see the necessity of any .such amendment. No 

· case bas arisen or will arise to which it can apply. 

Mr. BLAND. As I understam1, the Commissioner of the General 

Land Office claims that such cases have arisen, and that great hardship 

to the local communities has resulted in that way. I do not know anything about the facts. 

Mr. WOODBURN. The Commissioner of Public Lands bas acted 

upon ex pm·te and false information. He has stated that the Richmond 

Mining Company, a foreign corporation, and the Emeka Consolid.a.ted, 

a California corporation, are the two principal corporations that have 

been guilty of frequent violations of the law of 1878. Now, my friend 

from Missouri must know that the discovery of silver in those mines 

gave birth to the two lively towns of Ruby Hill and Eureka, in the latter of which my predecessor, Mr. Cassidy, now resides. · Ev-ery man and 

woman in the town of Eureka is dependent upon those two corporations for subsistence. Even though the Richmond Mining Company 

be an English corporation, its laborers, !!liners, engineers, blacksmiths, 

are all intelligent white Americans. If the policy of the Commissioner 

of the General Land Office were carried out, the town of Eureka would 

in sixty days ce..'lSe to exist, and every house in it would be turned over 

to the Indians. 

Now, I say to my friend from Missomi that the Committee on Public Lands of the Senate, in their report favoring the passage of the existing law, came to precisely the same conclusion that the miners of 

the silver region have come to and acted on for the last thirty years in 

regard to this sort of timber. I read from the report of that c~mmittee: 

The committee have carefully considered the subject of timber and timber ]nods, and, after mature deliberation, with the view of devising the best methods of p;:eseTving, cultivating, and disposing of the same, have come to the conclu- sion t>hnt a distinction should be made between such trees as grow uoon tho 

.l 

·. 
1888. CONGRESSIONAL RECORD-HOUSE. 8195 

mountains in the mineral districts and the forests of pine, oak, ~~ond other tim bcr 

that grow in the more level portions of the count:Y· . . While the lumber of the latter is a regular and unportant art1cle of commerce and is constantly being cut and transported in large quantities to re~dy markets, 

the chamcter of 1he former renders the timber unfit for commei"Ctal purposes. Even were this otherwise, it is usually found in such_in!lccessible places as to pre- clude its transportation to market. 9~nsequently 1.t .IS used by the_ prospector, 

the miner, and other members of mmmg communttl.es for d_om~stlc and other 

practical purposes incidental to the development of mmernl dtstncts. Thecommitt.ee do not believe that it would be wise policy on the part of the Govern- ment to seek to profit directly by the sale of this kind of timber nor to tax the 

pioneer by compelling him to purchase it. Except as a source of revenue by 

sale to the settler it never can be of any value to the Government. Should the 

experiment be tried of requiring payment for it, it would be f?un~ that. the cost of keeping agents for its sale and officers to prevent or pumsh infractiOns 

of the law at remote and widely separated settlements would la:ge~y ~onsum~ 

all sums received for his timber by the Government. Thus, while 1t 1s p_rac~­

cally of but little value ~o the Government, it is essenti_al to the settler and mdispensable to his occupatiOn and development of the mmerallands. It has been 

the custom of Conooress to encourage the exploration and development of the 

mineral regions ofthe United States; and in this connecti?n it should be !>orne 

in mind that it is mainly to the indomitable energy, hardihood, and darmg: of 

the pioneer that we are indebted for the discovery and developme~t.of the rJC_h 

gold and silver districts of the country. ·what would be ~e condtt~on of this 

country to-day had it not been for our product of gold and silver durmg the last 

quarter of a century? The $100,000,000 annually added by the Unite~ ::lta.tes to the world's stock of bullion will amply pay for the use of the scattermg t1m~r 

found in those localities. Instead of imposing this timber as a tax upon thts 

important branch of industry, the committee are of opini?n that, und.er the. re- strictions provided in this bill and on the grounds of eqmty and public pol1cy, 

the Government should allow its free use by the actual settler for the purposes alluded to he1·ein. 

Now, Mr. Speaker, if that be the true constroctionofthe act of 1878, 

then there ooo-ht to be no objection to the Senate amendment. The 

Eureka Consolidated and the Richmond 1\iiniog Company seem to be 

the subjects on which the Commissjoner of the Land Office is :rlsiting 

his vengeance. Those two mi.ning companies have taken out rn ye::~;s 

gone by many millions of dollars' ~<?rth of ore, but for ~he last SIX 

years neither of them bas paid a diVldeod. The ore bodies gave out 

at a depth of 1,200 feet from the surface, and the compani~s are still 

employing a large number of men sinking still lower and trymg to :find 

new bodies of ore, employing the men of the towns ofEurekaand ~~by 

Hill and still keepino- these communities in a flourishing conditiOn. 

All that they have be~n guilty of is that they have probably made 

purchases occasionally from an Italian or a Chinaman or somebo~y else 

who has gone out on the barren hillsides, gathered the s~nted timber, 

and carried it into Eureka. That is all the crime of wh1ch they have 

been guilty, and every man there does the same thing. 

These corporations are no more liable, civilly or crimmally, than the 

miner, regardless of the quantity of s-cru~ timber they cons~ed in 

giving employment to labor and devel@pmg tho country's mmeral 

wealth. · 

Never but once in the history of this Government has any Commissioner of the Land Office or any Secretary of the Interior pursued the 

same policy as is now enforced by the present Commissioner. The 

very reason the present act was framed and passed by both Houses of 

Congress was that Mr. Schurz, when Secretary of the Interior, issued 

an order seizing upon timber of this very character in Helena, 1\lont., 

and ordered it to be sold for $1 a. cord in the dead of winter to the freezing settlers. That action was condemned by both Houses of Congress; 

and to avoid a recurrence of it they passed this act of March 3, 18i8. 

Mr. Speaker, the people of the State of Nevada, regardless of politi~l parties, are to-day :fierce i.n their condemnatio~ of th_e policy of 

the ~terior Department. F01.; the purpose of proVlllg thiS, I send a 

telegram to the Clerk's desk to be read. 

The Clerk read as follows: 

Hon. WILLIAM 1\I. STEW ART, 

EuREKA, NEV., August 31, lSSS. • 

United Stales Senat01·, Washinglon, D. 0.: 

To stop cutting scrubby timber on the public mineral lands for our mining 

companies would ruin this community. The companies would not suffer ma- teria1ly, as they can shut down and await the result of th~ litigati?n without 

material loss -but hundreds of poor men, many of them Wlth families, are dependent upo~ the companies for their daily bread. They would be thrown out of employment without the possibility of obtaining it in any other business 

here and universal distress and destitution would follow amongst them, and 

gene'ml financial distre s amongst our business men. Can t-here not be an open investig:1tion by responsible parties before any action is taken? 

1\1. D. FOLEY. BAKER & WINES. 

CASSIDY & SKILLrt!AJ.~. 

C. C. WALLACE. 

A. L. FITZGERALD. R. SADLER & CO. 

THOS.WREN. 

A. E. CHENEY. D. H. HALL. 

Wl\I. 0. MILLS. 

REMINGTON, JOHNSON & CO. 

l'l1r. WOODBURN. I call the attention of this House to the names appended to these telegrams. Mr. Cassidywasmypredecessor in Congress for two terms. He is now the nominee of the Democratic party 

for the same position. He has been living in that locality for the last 

fifteen or sixteen years. Mr. Wren was also a former member of Congress. A. L. Fitzgerald is the superior judge of that district, being 

elected by a. large majority on the Democratic ticket in. a Republican 

State. Mr. Mills is one of the officials of the Eureka and Palisade 

Raihoad. Mr. Foley is a banker. Bake.r & Wi.nes are the most "Prominent law :firm in the town of Eureka, in Eureka County. Mr. Sadl~r 

is one of the leading Democrats of the State and one of the most prominent merchants of Eureka. 

Mr. Speaker, the miners feel justly i.ndignant at the ~ction of the~

terior Denartment r the reason that they have believed a.ll these 

years that when, in 1866, the Government of the U~ted States laid 

open the surveyed and unsurveyed mineral lands o~ ~his country to. ex- ploration and occupation, every man who was a citizen of the U~ted 

States or who had. declared his intention to become such, nnght 

take ~p a mine and develop it. They supposed that that was a grant, 

and that it wn.s somethinO' more than a mere inducement for them to 

enter i.nto the arid wastes"' and explore and discover and develQp and 

occupy mines. They believed it to be a grant in fact, and t_!lat it ~­

ried with it tbe inseparable i.ncident of the right to cut and. use this 

timber in thevicinitvofthe mine, withoutwhichthe grantwasamere 

sham and utterly valueless. The miners have concluded-and they 

are intelligent men-that when Congress in 1872 said to them that 

when they discovered a lode they could go there and each locate 1,500 

feet in length and 30.0 feet on each side for working purposes, an~ that 

after he had expended $500 for labor and improvements upon ~t,. he was entitled to a patent for the claim, that that was a grant contammg 

some substance. 

Is it possible that this Congr~ss will say to these miners "we justify 

the Government in taking your 3500, notwithstandi.ng the fact that 

you have exposed your life and limb in developing and locating the 

mines of that country;" but notwi,bstanding that t?ey can not cut 

the timber in the vicinity of the mine, without which the patented 

land is not worth one cent? The mi.ners do not expect that treatment 

from Cono-ress· and my advices here to-day are to the effect, and from 

men of ail political parties, that if this House refuses to grant their request, which is founded in justice, precedent, a~d law, that ~n the 6th 

day of November they will stamp the seal of theu condemnation on the 

Secretary of the Interior and the Commissioner of the General Land 

Office who issued orders for the prosecution of the miners of Nevada 

for ddi.no- what they haYe done, in the language of the law, from almost 

time im~emoria1, or from the time that silver was discovered west of 

the Rocky Mountains. 

Now I say to my friends on the other side that the Mills bill, if it 

becom~ a law, will seriously cripple the ~ilverminingindustries of the 

.filr West. Why? They reduced the tariff on lead $15 a ton, and ~ta 

time when under the rulings of the Treasury Department, foreign 

lead containing a modicumof_silver, could come i.ntothe United States 

free,' and it is well known to every experienced miner, and I appea-l f:o 

my friend from Idaho [Mr. D~ors] to confirm what! sa~, that 1t 

would be a difficult matter to work any of the base ore mmes m Idaho, 

Arizona, Eastern Nevada, or in Utah with any hope of profit i.n which 

the by-product of silver is lead. But thi~ do~ more than that. It not 

only cripples, but it shuts down every mme m Eas~ern Nevada, eve~ 

mine in Idaho that produces 50 or 60 per cent. of lead, and so also rn 

Utah. I undertake to say, if the action of the Commissioner should 

be indorsed by both Houses of Congress, that within the next :fiscal year 

the cou~ ry west of the Rocky Mountains will not produce enough 

silver fol' use in the arts and sciences. 

I suppose that when the Committee on Ways and Means inserted 

that reduction in the bill they did it unwittingly, for the reason that 

I know the majority of the Democrats on that committee have shown 

themselves in this House by their votes to be in favor of silver; and I 

was amazed, knowing that when the gentleman from Id_aho made it 

clear that such reduction amounted to almost absolute rum, that every 

one of them voted solidly for the bill as originally draughted i.n obedience 

to the orders of the St. Louis convention . . Now I will yield the balance 

of my time, or whatever time he may require, to the gentleman from 

Idaho [JI.Ir. DUBOIS]. 

The SPEAKER pro tem_}Jore. The gentleman has eighteen mi.nutes of 

his time remaining. - ' 

1\Ir. DUBOIS. I am much obliged to the gentleman f1·om Nevada; 

but I can not occupy much time to-day, because I am unable to physically, havi.ng come from a sick-bed to this Honse, knowing that. this 

discussion on the appropriation for surveying our arid lands, With a 

view to ultimately reclaiming them, was to ta.k.e place. Both these 

subjects are of great moment to my people. 

Mr. Speaker, it is absolutely beyond my comprehension to understand why this body will conti.nually_refuse to assist the chi~fi.n~~y 

of our western coast. Your legislatiOn and attempted legtslatiOn ~ 

regard to Territorial affairs is absolutely surprisi?g. Yo~ seldom .l~glSlate i.n accordance with our wishes when there IS a conflict of opimon. 

Whenever we get anything at all we have to contend for it, and :fight 

for it, and plead and beg for it. Your legislation is generally adverse 

to us. 

1\fr. BLAND. Will the gentleman yield to me for a moment. 

1\fr. DUBOIS. Certainly. 

1\lr. BLAND. I wish to ask to have an amendment to the pending 

amendment read, and would be glad to hear the gentleman upon it. I 

propose, with the consent of the gentleman, to offer an amendme.:nt "to 
CONGRESSIONAL RECORD-HOUSE. SEPTE:l\fBER 1, 

concm· in the Senate amendment with an amendment which I ask to 

have read. 

The Clerk read as follows: 

Pt·ovided, Nothing herein shall be construed to prohibit such prosecutions in cases where said timber has been cut or nsed by any corporation or persons for 

merchandise or snle iil any other place or p1aces other than the community 

where such timber is or was located. 

Mr. WOODBURN. By the permission of the gentleman from Idaho 

I have risen to say one word. I am opposed to that amendment for 

the reason that it recognizes the ri~bt of the present Commissioner of 

the Land Office to institute these suits and bring civil action and criminal prosecutions against the miners of Nevada; and I say there is no warrant or authority to be found in any act of Congress or in any regulation of the Interior Department that is in consonance with the 

spirit and letter of this act; and the object of that Senate amendment 

{it was offered by Senator STEWART, of Nevada) was simply to prevent a repetition of the orders heretofore issued by the present Commissionel·, so tbat the miner should not be in the future harassed by 

prosecution and civil suit, and therefore I am opposl3d to it. 

Mr. DUBOIS. The amendment No. 118, now under consideration, was introduced by the distinguished Senator from Nevada, who is the 

father of all our mining laws. He understood the needs and wants of 

the mining country so well that when be was in the Senate, twenty 

years ago, he framed, you may say, all the mining laws which are now on the statute-books, which so folly "and well protect the miners and 

the Government that there bas scarcely been any amendment or change 

macle in them by subsequent le~islation in the various States or Terl'itories. This amendment prov1des that persons living in the mining 

regions shall not be prosecuted for cutting and using fol' mining and 

domestic purposes timber which is not fit for any other use, which can not be used for lumber or for commercial purposes. This amendment 

can do no harm to any one either in the present or in the future. 

There are some gentlemen on this :floor who have become so used to 

defending the poor farmer and agriculturist that they seem to forget 

every other class of people. 

Now, I can say this to them, tbatin my country but for the miners there 

would be no farmers. Take the Wood River country, so called, in Idaho, 

for an illustration, which was founded in 1880, where now there are several towns of two or three thousand people. In 1880 there wa.'> 

scarcely a person located there. There were no farmers. We had magnificent prairie land, the Camas prairie and other fruitful valleys near by, with scarcely a settler upon them. I traveled over Camas prairie 

in 1882, and there were hardly a dozen people upon it. Now, since 

the large number of mines which have been disco>ered there yield :m enormous and ever-increasing supply of precious metal that prairie is 

covered with farms and ranches. The farmers are absolutely dependent upon a home market for their products. They live so far from 

the markets of the world that they can not ship, and they must sell 

what they raise at home. The mines bring persons to enga~e in mer- cantile business and all other businesses, and the people are supplied 

by the farmers who would not be there if it were not for the mines. 

There has never been a protest from any farmer in those countries 

against the miners using this class of timber. I am safe in asserting 

that the Commissioner of the General Land Office bas no:t a protest 

from any rancher or farmer in my Territory, and they would be very 

quick t.o resent any infringement on their rights and any violation of 

the law detriment;ll to their interests. Their prosperity and that of the 

miners goes hand in hand, and they do not sanction depriving miners of 

timber which would never be used at all unless by and through miners. 

They do not complain that they are being deprived of timber they 

want ior their own use. The complaints come from those who do not 

understand the situation. The agents who go out there representin~ 

the Government have been very zealous in late years, and much trouble 

bas come from their over zeal. 

My attention was attracted to a case in my own Territory, in which a special agent who is now in the service arrested the officers of the 

Ketcham Smelting Company, the majority of whom are residents of 

Philadelphia, found indictments against them criminally, and prosecuted them for some 518,000 or $20,000 for using timber unlawfully. 

The case was so flagrant that I went before Secretary Lamar with it, 

fortified with a strong letter from the governor of my Territory, w bois a Democrat and who bas lived there for twenty years, and who takes as much interest in the Territory as any man in it. I went to Secretary Lamar with the facts, and showed him that this timber was a 

species of pine called lodge pole or black pine, which seldom grew to 

be more than 8 inches in diameter. 

After understanding the facts be dismissed the suit and issued an 

order that hereafter that species of timber should be _excepted from 

their rulings. Now, we could go through the same formula with other 

cases in the courts. They can not get ·a judgment against ns on the 

facts, and it simply harasses and worries those engaged in mining and 

does no good to any one. The gentleman from Nevada went into tbe 

law very carefully. I do wish to protest against the rejection of this 

amendment in behalf of the Territory which I represent. I know 

nothing about these companies in Nevada which are spoken of and can say nothing of them specially, but I am speaJcing of facts which are gcmeral and palpable in all of our Territone.s. 

ltlr. WOODBURN. I yield the balance of my time t.o the gentleman 

from Colorado [Mr. SYMEs]. 

The SPEAKER pro . tempore. The Chair will reCO!~nize the gentle- man for eight minutes, after which the Chair will recognize the gentleman from Missouri [Mr. BURNES]. · 

Mr. SYMES. Mr. Speaker, I think the Senate amendment ought 

to be adopted, because I think the cutting of the timber arises out of 

this state of case. In the appropriation bill of 1878 the right was given 

to cut timber of certain kinds on unsurveyed lands for domestic purposes, etc. .Again, by an act passed June 30, 1878, it was made lawful to cut timber on mineral lands for m~ing and domestic purposes. 

There is no violation of the law nuder the act of 1878 in cutting such 

timber unless it is exported out of the State or Territory. · Now I imagine, Mr. Speaker, that these prosecutions have grown 

out of the fact that in the vicinity of these large mining camps in 

Nevada there is no timber, properly speaking, but the soil is com- posed of arid sand hills and deserts, and has, covering it, certain kinds 

of scrub wood which grows a few feet from the ground and then curls 

around, but which may be chopped and used by the miners for fuel to 

keep them warm in winter and from which the minin~ camps can make a certain amount of charcoal for the purpose of running their 

fumaces. Now they have a perfect right to cut this wood where it is 

found to l:!e upon mineral lands, but I have no doubt (I do not know as a matter of fact) that these prosecutions have arisen from the cutting 

of timber on other than mineral lands. 

I can not see bow the prosecutions inN evada w bich ba ve lately arisen on the reports of timber agents could have been instituted unless the 

fact is that certain portions of those lands have been sunreyed, and 

therefore have not been returned as mineral lands. When this timber was cut, or rather this wood, for you can not call'it timber; it is not 

timber under ~ny ruling that has ever been made by the Department or by a court--when this wood was cut, the lands upon which it was cut were probably supposed by these miners and these mining com- panies and their employes to be mineral lands. It was generally understood that the whole of that part of the State of Nevada was mineral land, and the men cutting this timber would not be verv likely to 

know i nst when they crossed the line which the surveyor-general or a deput;v surveyor bad drawn between mineral and nou-minerallands. 

Probably they did not stop to inquire. Nobody ever objected. No Government agent ever notified them that they bad not the right to cut 

this so-called timber which was curling up over the ground, something 

in the nature of underbrush or scrub-wood, and they did cut it on non- mineral lantis as well as on mineral lands, and therefore they are now prosecuted for that timber which they cut and made into charcoal to 

be used by the miners of these minin~ camps for smelting theil· ores. I think, l\1r. Speaker, that is about the sum and substance of the 

whole matter, and hence I think that tbeSenate amendment ought to 

be adopted. The Senate amendment does not prevent prosecutions 

where the timber bn.S been cut for commercial purposes or is commer- cial timber. It is a notorious fact, which I am infot·med is indisputable, that at the town of Eureka, inN evada, and at other large mining 

towns there, they have to import from California or adjoining States 

and Tenitories all the timber which they use-everything that can be 

dignified by the name of "timber" and classified as coming from timber lands. 

Mr. WOODBURN. There is no doubt about that. 

Mr. SYUES. A."> the gentleman trom Nevada says, there is no doubt about that. Kow, the House ought to understand these facts, 

because this amendment goes tO the relief of people who have been. 

prosecuted for cutting timber under such circumstances in the State of 

Nevada, and I submit that it ought to be adopted. 

Mr. WOODBUTI~. If the gentleman will permit me a suggestion 

at this point, all the timber that is used on the Comstock lode in the 

extractio~ of the ore from the mine, and all that is used by the eleven or twelve thousand people in Carson City, comes from the State of California. 

1\lr. SYMES. That is what I have stated, that the timber used ia 

the towns and all the principal mining camps is brougbtfi·om California. 

That is a fact that I have been familiar with for years. 

One word in conclusion. This timber, or rather this wood, tor it is not timber, having during a course of yea.rs been cut away in the way 

I have stated and used for d6mestic purposes, no agent of the Govern- ment having gone to that country and notified those persons that they were not entitled to cut a particular strip of this scrub timber, although 

by surveys there:1fter made it may have turned. out not to be or may 

have been known at the time not to be upon mineral lands, it can not 

benefit that commnnity to have these parties prosecuted now; ·and it 

can not benefit the Government to expend money in prosecuting them 

for cutting this scrnh wood from the surface of those arid hills, which can never be made of service in any other way. 

Therefore I ask that the Senate amendment be adopted: I do not 

think the amendment offered by my friend from Missouri [Mr. BLAND] 

would enable these prosecutions t-o be carried on. I have expressed 

and now express my opinion as a lawyer that if such an amendment were adopted not one prosecution of this kind could be carried on for 

cutting any of thi!'r tim~er in the State· of Neva-da or elsewhere. I 
1888. . 

/ 

CONGRESSIONAL RECORD-' HOUSE. 8197 

think the Senate amendment ought to be adopted without being modified by the amendment of the gentleman from Missouri, for the reason that the amendment may'afford opportunity for lawyers to quibble, 

for agents to get up prosecutions, and for United States officers to make 

fees, while those prosecutions, in my judgment, would end in the Government paying the costs. . Mr. FELTON. Does not the law now make it the duty of the registers and receivers of the land offices to report any violations of law? 

Mr. SYMES. Yes, I suppose that is true. 

Mr. FELTON. That b~ing true, there is no necessity of an espionage by private detectives. · 

[Here the hammer fell. J 

Mr. BURNES. I yield a few minutes to my colleague [Mr. BLAND]. 

Mr. BLAND. Mr. Speaker, the gentleman from Nevada [Mr. 

WooDBURN] alluded to me as having some personal knowledge with 

1·eference to this questioc. I was a resident of Nevada for several 

years, and I know the importance to the miners of that section as well 

as to others who settle there of the privilege of using this scrup timber for fuel and for mining purposes. Indeed, sir, when I was in Nevada in the winter of 1859, I felt this need very sensibly, for we had 

then a very severe winter; the snow was 5, 6, or 8 feet deep, and but 

for the fact that we were permitted to use this timber, four or five 

thousand people probably would have suffered very greatly. It is impossible to settle those mining countries unless some privileges of this 

character are given. 

.A great deal of this timber, in Nevada especially, is what they call 

sage brush. The mahogany is simply a scrub manzanita-brush; the 

pine is simply a scrub pine. None of it would be put to any use in our Western States and Territories generally, except to be put in a brushheap and burned up to get it out of the way. Now, the law which permitted the use of this timber in the mining regions contemplated, I 

suppose, that the miners and settlers going into that country should, 

when they located in any particular neighborh~d, have the right to use this timber for fuel and for mining, wherever it was suitable for 

mining purposes, though very little of it is suitable for that. But the 

law is a little vague and uncertain. Hence we have _difficulty in these 

prosecutions. Section 1 provides that citizens and bona fide residents 

may cut timber off of mineral lands in certain States and Territories, 

subject to such rules and regulations as the Secretary of the Interior 

may provide for the protection of the timber, etc. 

Now, I understand the difficulty is that parties in Nevada, andespecially these persons and corporations a-gainst whom these prosecutions are proposed to be brought, or have already been.J?rought, have 

not conformed themselves to the true spirit of this statute. In my 

view the law ought to have been clearer. It ought to have confined 

the miner and the local community to the use of the timber within that 

community. It should not have permitted persons to go all over the 

State or Territory and denude of their timber districts where there were not yet settlements. The law is vague and uncertain; and it seems to me that a fair construction of it would allow any citizen of Nevada or any of the Territories to go anywhere within the State or Territory, cut 

down this timber and ship it to any other point, thus depriving the 

local community of the timber. 

Now, the amendment I have offered has in vi~ a remedy in this re- spect. The proposition may be considered an amendment to the existing law. It proposes to confine the right of the local community or the miner to the timber in the-particular neighborhood, and prohibits 

persons o-r corporations from cutting timber in unsettled regions and 

transporting it to other portions of the State or Territory. ' A region 

may be unsettled, may be in a wild condition, yet it may have good 

lands and good mines, as will be discovered in the future. But when 

the discovery is made, lo and behold, the timber which it would be desirable to use in that neighborhood has all been removed, and removed 

to distant portions of the State or Territory. I say that is the difficulty 

under the vague condition of the law. My friend from Nevada [Mr. 

WooDBURN] and my friend from Colorado [Mr. SYMES] are not anx- ious to have my amendment adopted. Why? They would rather risk 

these prosecutions under the law as it exists than have the law made 

definite so as to confine this privilege as to cutting timber to the local 

community; for under the law as itex:ists, it is questionablewhethera 

citizen of one of these States or Territories may not have the right to go 

upon land in any portion of that State or Territory, whether inhabited or not, and for speculative purposes denude that land of its timbar. 

It seems to me the law, on a fair construction of it, does permit this. 

But whether it does or not, my amendment does not interfere with 

nny proper construction of it. It simply provides that the prosecutions· may go on except in cases wh~re miners, individuals, or corporations have used the timber for their local or domestic purposes, and 

not for purposes of removing it for speculation; where they have not 

gone out of their own vicinity and neighborhood to distant portions 

of the State and cnt timber for speculative purposes and transported it 

for sale in other parts of either of these States and Territories. If 

they have done so, then the prosecutions can go on under the amendment. It protects the miners from the prosecutions which they now apprehend by making explicit that about which there can be any 

question. -so that I claim the amendment I have offered is in the line 

of the recommendations of tlie Commissioner of the General Land 

Office, if I understand it. 

I understand that he proposes to protect th& local community or the 

miner by preventing the destruction of timber for the benefit of other 

localities; and hence it is not in conflict with his recommendations or his idea that the suits are to be instituted, but places an amendment, so to speak, upon. the law, and a direction in this respect that the 

pTosecutions may still go on in all cases e:x>cept where the miners have u~ed the timber in good faith for their own immediate purposes under 

the existing statute. . 

I know these people, and I· am aware of the fact that they are ex- cited upon the question, and probably they are misinformed as to the 

true state of the case, as well as the true intention of the Commissioner of the General Land Office. The miners are, no doubt, led to 

believe that they are all to be prosecuted for trespasses dating back 

years and years, for timber cut in years past, and for every stick of' 

timher cut for domestic uses and mining p1R'poses, which is not true; 

and if the amendment is adopted the1tmendment as it comes from the 

Senate will do no harm to prevent prosecutions of future infractions of 

the law, and will confine prosecutions to the law as it ought to be con- strued, and to what was no doubt originally intended. This amendment, therefore, is directly in the interest of the l.Pcal communities 

and of the miners, and more in the line of the suggestion of the Commissioner of the General Land _Office than the present law, for it en- ables him to carry out the policy he has entered upon in that regard. 

It disabuses the minds of these people of the idea that Congress intends to go and -prosecute them regardless of the minenror locators in 

these different Territories and States and bring them hundreds of miles 

from their homes to be tried for exercising a right that the law seems to give them, or which it appears it was intended they should exeroise. 

Mr. FELTON. And which they are now doing. 

Mr. BLAND. I have no doubt from what I have read concerning - this matter that speculators have gone on the lands in a way that was 

not contemplated by the law. But whether they have or have not 

done so the amendment I have offered will prevent it in future and 

will be an explanatory provision of the law which they can not misunderstand,.because it will }le specific and is not subject to misinterpretation, that the particular timber shall be used in a locality where 

the timber is grown; and that a citizen in that particular neighborhood 

or locality shall not have the right to go into some other State or Territory at a ~istant point, denude ~he country, and prevent coming 

settlers from getting the benefit of it. 

[Here the hammer fell.] 

Mr. BURNES. Mr. Speaker, lean not accept the remarks made by 

gentlemen either upon the right or the left as applicable to the issue now pending before the House. The question is something very different from that which gentlemen have assumed_it to be. They have discussed the merits and the demerits, the efficacy and the inefficiency of 

the law of June 3, 1H78, as if we were proposing to legislate with respect 

thereto on this general appropriation bill. The amendment of the Senate is placed upon the House bill, aud is now urged upon us by the Sen- - ate conferees with full knowledge that its principal, if not only, object 

is to effect the dismissal of various suits of law instituted and to be 

instituted by the law officers of the Government against si£ or seven of the great mining corporations of Nevada for timber cut on public 

lands of the United States and converted to their own use, amounting 

to the handsome sumof$10,000,000. This being the issue, let us con- sider it in its nakedness and view it in all its detbrmity. 

The House bill as. sent to the Sena ~ contained the following provision: 

For expenses of depositing public moneys received from the disposal of public lands, $10,000. 

This was the innocent and harmless little provision upon which the 

Senate drafted its rider, without kinship or parliamentary connection, 

and obnoxious to the rules of the Senate, as well as of this House, prohibiting legislation on appropriation bills. 

Upon that provision, relating only to the transportation of certain 

public moneys of the United States, the Senate amendment now under 

consideration is before you, and was before us in conference, as follows: 

No part of t,he money appropriated by this actNot this provision, mark you, but no part of the money appropriated 

by this entire bill- , • 

shall be used in the investigation of any caseObserve, Mr. Speaker, the audacious proposition, that investigation 

must cease, and in every case, too- or in the prosecution of any person in the mining regions or tJ;le United States, 

for cutting for mining or domestic purposes dwarf or scrub timber unfit to be 

sawed or hewed into timber of commercial value. 

Much as this amendment is out of place on the particular provision 

of the bill just read, and foreigc. as it is to the subject-matter it pretends to amend, its object and intention are plain. Examinations and 

investigations by sworn officers of the law as to the wholesale depredations upon the timber lands of the United States in Nevada by rich 

and powerful mining companies are putting the latter to some trouble 

and expense, and causing some anxiety lest the facts when ascertained 

may develop a system of unparalleled wholesale robbery and lead to 
-- --- - - --- ,/" 

8198 CONGRESSIONAL RECORD-HOUSE. SEPTEl\iBER 1' 

retributiv_e justice upon the wrong-doers. Therefore the :first proposition of the amendment is to stop these investigations. Somebody llh'l-Y get hurt if the Interior Department is allowed to go on with them, 

and hence to save wounds upon men and things in Nevada investigations, say the Senate, must cease at once! 

The second proposition of the Senate amendment is, that certain 

suits pending and in contemplation and certain criminal prosecutions 

shall cease and be no further prosecuted by the Government. True, 

the Government is already in possession of evidence from official sources 

that $10,000,000 of Governn:.lent property has been seized and carried 

away by certain named law-breaking managers and owners of mining 

corporations, but as it might embarrass their business and throw their 

agents and employes out of employment, the Senate seem to realize 

with persistent determination that no suits or prosecutions shall be 

continued. 

To understand the nature of these suits and proceedings the law upon 

which they are based may be profitably considered. 

The following is the much-violated statute of June 3, 1878: Be it enacted by the Senate and House CJ/ Representatives of the United Stales in Congress a.&Sembled, That all citizens of the United States_ bona fide residents of 

the State of Colorado or Nevada, or either of the Territories of New 1\Iexico, 

Arizona., Utah, Wyoming, Dakota, Idaho, or Montana, o.nd all other mineral 

districts of the United Stn.tes, shall be, and are hereby, authorized and permitted to fell and remove for building, agricultural, mining, or other domestic purooses, any timber or other trees growing or being upon the public lands, 

said lands being mineral and not subject to entry under existing laws of the 

United States, except for mineral entry, in either of s9.id States, Territories, or districts of which said citizens or persons maybe at the time bona. fide1·esidents, 

subject to suc)l rules and regulations as the Secretary of the Interior may pre- scribe for the protection of the timber and of the undergrowth growing upon such lands, and for other purposes: Provided, The provisions of this act shall not extend to railroad corporations. SEc. 2. That it shall be the duty of the register and receiver of any local land 

office in whose district any mineral land may be situated to ascertain fxom time to time whether any timber is being cut or used upon any such lands, except for the purposes autllorized by this act, witNn their respective land districts; 

and, if so_\ thel sba·U immediately notify tht: .Bommissioner of the General Land 

Office of Uta~ fact; and all necessary e::spenses incurred in making such examinations shall Le paid and allowed such 1-egiste1.· and recei>er in making up their next quarterly accounts_ SEC. 3. Any person or persons who shall violate the provisions of this act, or any rules or 1·egulati.ons in pursuance thereof'lllade by the ~ecretary of the In- terim·, shall be guilty of a misdemeaoor;_JIU~, upon conviction, shall be fined 

in any sum not exceeding $500, and to whfcb may be added an imprisonment for any term not exceeding six months. 

In pursuance of this statute the Secretaries of the Interior-commencing with Secretary Schurz and continuing with slight amendments 

and additions to the present day-have established and prescribed rules 

and l'egulations for the protection of the timber and the undergrowth 

growing upon such lands, and some of these are as follows: 

1. A,.ll citizens and bona fide residents of the States and Territories mentioned 

thereto are authorized to fell and remove, or employ others to fell and remove, o1· to purchase from others who fell and remove any timber growing or being upon the public mineral lands in said States or Territ<>ries: Provided, a, that 

the same is not for export from the State or Tei:ritory where cut; b, that no timber less than 8 inches in diameter is cut or removed; c, that it is not wantonly 

wasted or destroyed. 

In addition to the liberal license thus given by law and regulation, 

the instructions of the Department to Government timber agents, showing the utmost tenderness towards those who honestly and fairly use the growing timber, are appended as follows: 

I:N"STRUCTIONS TO SPECIAL TIMBER AGE~S. 

e * * ·• * * * [Object of protecting timber npon Go.-ernment land.] 

3. The object of the Government in endeavoring to prevent the waste and 

destruction of public timber is primarily to preserve it for the wants of future 

generations, having, of course, due regard for the requirements of the present_ 

'.rhc result of the destruction of forests in permitting a more rapid melting of 

the snows in spring than would occur in the same region if well sheltered, and 

in decreasing the ca.l?acity of the soil to retain moisture after rains-in both cases increasing the liability to sudden and devastating floods, not. only in the denuded sections, but sometimes hundreds of miles distant-also the well-established climatic intluence of such destruction in diminishingtheaunual rainfall to the serious detriment of regions already subject to frequent droughts, are other reasons which render the preservation of the public timber ·a matter of 

vital importance not only to th~ agricultural but to many other extensive inter- ests. 

* * 44. Special tllnber agents should remember that it is not the purpose of the 

law, nor of the regulations of this Department, to prohibit the use of so much of 

the public timber as may be actually needed by bona fide settlers for agricult- ural and domestic purposes, but to prevent its being made an article of speculation for the pecuniary gain of a few individuals to the detriment of the many, or from beingwantonlywasted or destroyed_ When an agent understands this 

and convinces the people in the district to which be is assigned that such is the case, he will find no difficulty in securing their active support and co-operation. 

* * * * * * * 

50. It is not the object of the Government to persecute poor wood-choppers, or cutters who are employed or induced to fell or remove the timber for ~hers 

who are to rea.p the profits therefrom; but to punish the principals. therein, or the parties to be directly benefited in the case, they being the more guilty par- ties. 

51. Care should be taken to ascertain whether the alleged trespasser has any right or authority to take such timber as specified under heads of "Homestead <>r pre-emption entry," "Right of railroad companies, etc_,, and "Mineral 

lands." (Pages 6 to 11.} 

* * • * * • * 53_ Having all the facts in your possession you should (see section 3, circular 

of 1\Iay 27, 1885} at once fill out a form of report (in duplicate) and transmit the same to this office, being particular to state the facts in fall under ea.ch head, 

and in accordance with instructions giyen under the bead of "Manner of making reports of timber trespass." You should call upon the trespasser in every instance where practicable, and 

request him to state his side of the case, under oath. 

In bold and defiant disregard of the law and regulations cited, iL is 

understood that certain mining corporations have systematically cut 

or had cut and used for their own gain all the timber, regardless of age, 

size, or qua.lity, grow~ng upon lands adjacent to their mines; and not 

satisfied with that have carried their work of sacrifice and destruction over vast areas of the public lands which are tributary to other mines, 

and naturally belonging to the millions of tbe future who are to open 

and work those other mines yet hidden from mortal eyes. The Department seem,s to have forborne hasty prosecutions, but the Secretary and 

the Commissioner of the General Land Office have been vigilant in 

thorough investigation. The offi.ci21 reports of the reliable agents of 

the Government soon advised them of the extended frauds that had 

been committed, and the United States attorney of the State of Nevada 

joined in bearing testimony to them. His letter of April 28, 1887, to 

the Secretary and the Commissioner is so creditable to himself and so 

courageous and patriotic in view of his surroundings that I send it to 

the Clerk to be read. · 

'l'he Clerk read as follows: RENO, NEV., Ajn·il28, 1887. 

DEAR Sms: .As the subject of this commUnication falls within scope of your circular of date l\Iay 7, ,1886, to registers and receivers of United States land 

offices and special agents of General Land Office, issued by honorable Commissioner and approved by honorable Secretary, and is of importance to the De- partment as well as to the General Land Office, I trust will prove a sufficient excuse for malring this communication a joint one. As you are doubtless aware, !have been appointed recently, and on 4th instant qualified as attorney for United 

States of district of Nevada. Complaints have been made to United States 

Marshal Thomas E. Kelly, of th.is district, and to myself, as district attorney, 

within a. few days past, that for years past and still continuing, hundreds 

of m en, mostly Italians, may be thousands of them, have been systematically 

engaged in cutting off into cord wood or burning into charcoal thousands of acres of timber on land belonging to the Government without even the pretense 

of pre-empUng it or buying it from either State or United States. In the region about Eureka, in this State, alone there has probably been sev- eral hundred square miles of land covered with a. growth of nut-pine timber 

from 8 to 10 inches in dia.meter to 30, and from 8 or 10 feet to 30 feet in height, and with cedar considerably less in diameter and height, have been swept bare, 

and probably one or t •o.million cords of wood have thus been taken off of public land, and mostly consisting of mineral land, without any color or pretense of 

right to the same, all, too, for purposes of commerce, not by miners for their 

mines, or for improvements on the land. In a district of mineral land 30 to 40 mtles away from Eureka, and outside of the mining district that embraced Eu- l·eka, on or near the Eureka. and Palisade Railroad, at or near what is called Pine 

Station, Alpha Antelope mining district, Cedar Station, etc., there are boss It.o.lians, or leaders among their count.rymen, who hava grown quite rich on these 

peculations or rather wholesale robberies of the timber on the public lands. 

That railroad is constantly engaged in carrying and in buying and selling this 

wood at Eureka. and other points, all directly contrary to the act of June 3, 1878, 

referred to by you in your circular above referred to, and contrary also to sec· tion 4 of ~t of same date, providing for sale of timber land in Ne•ada, etc. (pages 89 and 90, 20 Statutes at Large). 

C. Boltiere has now five hundred cords cut, Gabriel Zonola, atAlpba, over one thousand cords, and eight or ten other leading men have considerable amounts. The Eureka and Palisade Narrow Gauge Railroad is engaged in hauling it in 

their cars every day. This wood lnst spoken of-fonr-ftfths of it-is not oyer 5 

inches in diameter, and scarce one tree out of fifty is ove1· 8 inches in diameter. 

The fac is, all that land was culled and cut over once, taking all trees of any size, and now they are cutting it over a. second time and sweeping every young tree and bush over 2 or 3 inches i.n diameter. 

These men have all been notified by men owning mines right among this timber to desist from cutting .it; told if they would- leave what was standing 

and haul off only that already cut they would not be complainP.d of. The railroad company aforesaid has been notified to desist hauling the wood thus cut, 

but the parties thus complaining have been treated with contempt. This information I I¥tve from a miningma.n, the president and superintend- ent of several mines in the immediate vicinity of this timber land. His motive, 

of course, is to preserve the timber for the lawful purposes·provided for by the acts above referred to, namely, for purchase and for mining and domestic pur- po:;:es, etc., as permitted by the act. He is verified in his stateruents by the observation of the marshal, Thomas E. Kelly, who bas been very recently, namely, 

within ten days or so last past, through this country. In fact, the same state of facts, of my own. knowledge, will be found to exist in tho vicinity of Austin, 

White .Pine, Belmont, Pioche, and every other large mining camp in this State, 

and throughout all the mountainous timbered regions of California where ex- amples have not been made. I have no doubt that many thousand c01·ds of wood could now be found and 

seized in various parts of this State cut off of mineral land reserved from sale 

and public land not sold. I have no doubt this state of affairs will continue 

unless examples are made. I have no doubt large recoveries could be made 

from persons taken red-handed in the act. I have no doubt the former register and receiver of the Eureka land office must have known or shut his eyes and ears to keep from knowing about this wholesale robbery of the timber of the 

United States out in the eastern part of the State. There is but little timber of any kind near Carson, east of California State line, except what was fairly pur- chased, or at least pre-empted or purchased, by men who appenred to have 

fairly pre-empted or purchased such timber bona fide. 

These complaints have only come to my ea.rs since I have been officiating as United States district attorney; yet I feel they are true or far less than thett·utb, 

and that any honest, capable investigation will demonstrate the entire truth of 

all that has been said. The General Land Office has been promising in one or two cases I know of to send out a special agent to investigate land irregularities 

in this State. - To develop the amount of these timber spoliations, to recoup what can be done 

would require a smart., quick, active agent with largely developed detective faculties to go around tllese several mining districts and ascertain approximately 

what amount of timber or wood bas been st<>len, who stole it, what witnes es can prove it, and then, like a. thunderbolt, make or have made his nlTests and 

seizures of wood and timber remaining, and inaugurate suits to recover yalues 

from nJ.l solvent persons and corporations. 

. I would do all in an individnru'spowertoprosecute,convict, nnd punish those 

bold robbers of the public domain, but without the direction and assistance of 

the proper Department-its infl ucnce, direction, and means at our back-we can do but little and might be blamed for that, both by the Go>ernment on account of the expense incurred, and the citizens and communities affected_ 

So, gentlemen, we most respectfully refer these matters to you_ If you think 

these people ought to be prosecuted for laying waste the small amount of not very high or very thick timber iu this State, and that acts of Congress should 

be entorced, then send a special agent-, or appoint one here (to the wanner born) 
1888. CONGRESSIONAL RECORD-HOUSE. 8199 

to investigate these charges, to marshal the evidence, array the witnesses. I can put him on track in some cases, refer him to persons and their residences that will take warm interest in giving him all the information and assistance in their power. · If you do not think that course advisable, please inform me of your views and wishes in the premises. 

I have the honor to be your obedient servant, THOS. HAYDON, United States District Attomey for Nevada. H on. L. Q. 0. LAliiAR, 

Secretary Interior, an d 

lion. WILLIAM A. J. SPARKS, 

Commissio ~er General Land Offie~. 

1\fr. BURNES. Several months elapsed without any action being 

taken in response to this letter, and no special agent was sent to Nevada 

because of the limited or insufficient appropriations for the service. 

Mr. Haydon, the attorney of the United States before mentioned, had 

satisfied himself beyond doubt that great robberies had beeR perpetrated, and receiving no orders to proceed to recoveries due the United 

States, addressed rather an impatient letter to Solicitor McCue, which 

l ask the Clerk to read from the desk. 

The Clerk read as follows: 

RENo, NEV., July 27,1887. 

Sm: Some two months or more since I wrote a long letter conjointly to the Hons. Secret a ry of the Interior and the Commissioner of the General Land Office, 

informing them of a wholesale despoliation of timber on the public lands of one mineral district in this State, much of which was of timber less than 8 inches in diameter, for firewood for sale and as a.matter of commerce, to inhabitants of Eureka out of said mining district where cut, to the amount of several thou- sand cords. Told them the same practice was common to all the mining towns and camps in this State, requested them t.o appoint a. special agent of the Land Office to look into and investigate the matter, prepare the evidence, and bring the g uilty p a rties to justice. I was induced to write a. joint letter because the Commissioner had issued a. circula r to the register and receiver of the land offices in the State calling upon them to investigate such cases, etc. v;ritbout e n tering into particulars it is notorious in this State that a wholesale robbery of the public lands here of their timber is indulged in, in every m.1ning section of the State wherever cutting, hauling, and transporting such wood will pay a profit to the individual, without regard to the rights of the Government and the protests of individuals inte rested in the mining districts where such timbe r is found: I have had complaints from three different. widely separate 

mining districts of such trespasses. . · Railroads make a business of carrying such wood and selling it, even against ' the notification and protests of miners in such districts. The honorable Commissioner of the General Land Office and Secretary of the Interior have not even had the courtesy to notice my communication. I r ead an injunction to communicat e sut>h matters to yon, in search ofthedu- ties of my office, and therefore this. Very respectfully, · THOl\IA.S HAYDON. United States District Attorney for Ncr:ada. 

llon. A. McCUE, 

Solicitor of the Treasury of the United States, Washington, D. a. The reply of Commissioner Stockslager is as follows: 

D EPARTMENT OF TH:IS: llo"'FERIOR, GENERAL LAND OFFICE, 

Washington, D. a., August 17, 1887. 

Sru: I h a ve received, by r eference from the ~olicitor of the Treasury, your letter of the 27th u ltimo, r-elative to timber trespass upon the public l&nds in Nevada, and commenting upon the fact that there had not been accorded any reply to a. previous letter upon the same subject addressed by ,YOU .to the Secre- ta•·y of the Interior and to the Commissioner of this office conJointly. The delay in replying to the letter, which was referred to this office by the Secretary, arose from the impracticability of appointing a special timber agent at that time for duty in Nevada, owing to the insufticiency of the appropriation for the protection of the public timber. At an early day, however, arrange- ments will doubtless be made whereby an agent may be assigned to the service in your State. Your communications upon the subject have been fully appreciated and con- sidered, and the inte rest thereby manifested for the protection ofthe public tim- ber is truly gratifying, betokening as it does a spirit of co-operation with the efiorts of tQis Department towards accomplishing that end. Very respectfully, · 

Hon. THOMAS HAYDO:s', 

United States AU.on1ey, Reno. l{ev. 

S. Thr. STOCKSLAGER, 

.Acting Commissioner. 

Mr. BURNES. I have had this correspondence read for the purpo!'le 

of showing that the Commissioner of the Land Office took no step hastily or prematurely, but when he was thoroughly convinced that the law and 

regulations had been grossly violated, th~ thousands of acres of the public land had been ruthlessly denuded of all its timber by a few corporations (mining and railroad), he caused legal proceedings to be com- menced: These proceedings are the cause of this Senate amendment. 

It has been urged that the prosecutions instituted will carry dismay to 

the poor people of Nevada. What criminal prosecutions, if any, were begun in that State against wood-choppers were brought by officials of 

the Department of Justice, and not because of the labors of any special 

agent of the General Land Office, because no such special agent was 

then in the State. 

There is neither suit nor prosecution begun or to be begun against 

any poor or laboring man who has taken only what timber he wanted 

for his uses, or who, as employe, has cat timber for the corporations 

sued. The Government is after th.e principals in the transactions, not 

their agents or employes; after wholesale plunderers, not theirvictims 

or tools. \ 

Wherever bona fide citizens have taken timber for their domestic 

uses, for buildings, fences, firewo"od, or any. other object in their daily 

lives and labors, no inquiry even has been entered upon; but the cor- porations which have been sued for $10,000,000 worth are the strong 

Qlld influential creatures whom the Government will legally chastise 

to a L1.ir settlement and a final judgment, unless Congress shall interfere 

with the course of justice. Recognizing their guilt, and virtually acknowledging it, they appeal to Congress for a change of the law they 

have transgreSEed, and for a practical dismissal of 'suits which they are 

conscious must be sustained. 

The law, they suddenly find, is very wrong. They tell us it needs 

amending,_ and needs it instantly. 

They can not wait the ordinary methods nor allow the proper committee, that on Public Lands, to investigate and report the subject. 

Oh, no; the most expeditious route, that by way of a Senatoria.l rider 

upon a general appropriation bill, ha.s been selected. Time is important to them; they can not wait. Delays, always dangerous, are doubly 

so when evil-doers would hide away from the officers of the law and 

the processes of the courts, or stop both of them. The law was wise, 

liberal, and good when they were taking the public property without 

conscience or remorse, but when they were detected and exposed it be- came very intolerable and bad. The familiar distich may not be inappropriate: No rogue e'er felt the halter draw With good opfu.ion of the law. 

Mr. Speaker, with a couple of incidents somewhat connected with 

this discussion I shall reach a conclusion. 

Mr. STONE, of Missouri. I will ask my colleague whether it is 

not a fact that the defendants in some of these cases have offered to 

compromise? 

Mr. BUR},TES. In reply to my friend and colleague [Mr. STONE], 

I answer his interrogatory emphatically in the affirmative. One of 

the pending prosecutions is for the recovery of $126,880.9-i. The defendants madeoverturesfor a compromise, andfinallysubmitted an offer to pay $3,000 for a release and acquittance. Three thousand dollars for $126,880.94 of Government property ! The offer was of course 

rejected by the faithful representative of our Government, but not 

until such offer had received the following eminent indorsement, which 

I send to the desk to be read. 

The Clerk read as follows: 

WASHINGTON, D. 0., ApriL Z7, 1888. 

I, WILLIAM l'lf. STEWART, Senator of the United States from the State of Ne- vada, do hereby certify that I am personally acquainted with G. W. Baker and J. ,V,Dorsey, the attorneys representing the parties herein named, and also with George W. Peltier and W. C. Price,comprisingthefirmofG. W. Peltier&Co., and also with the mining corporations mentioned in this proposition of settle- ment and the mining claims and mining operations carried on by each of them respectively in the Tuscarora mining district, county of Elk:o and State of Ne- vada. 

That I have visited Tuscarora and am familiar with the character of the wood and fuel consumed by said mining companies, and am satisfied that the repre- sentations hereir;l contained are candid and truthful, and folly and fairly pre- sent the volume and value of the wood and timber consumed by each of said companies, respectively; and, further~ that the scattered and scrubby pine and cedar which is gathered in the region within a radius of more than 40 miles about Tuscarora never has been regarded as timber within the prohibition of the statut~s. These scattered and scrubby bushes would never be used for any purpose if any other timber existed in that region, and besides there would be no necessity for using it if mines had not been discovered. There ~ould be very little of this scrubby stuff gathered from the crags of the mountains where it grows if only ordinary fire-wood was required; but it is nec- essary to have some hard wood to roast ores. The principal fuel, however, at Tuscarora, and which is consumed by theminingcompaniesincarryingforward their operations, is sage-brush, which is gathered from the surrounding country. Under these circumstances I think that the offer of a compromise made is ex- tremely liberal and should be accepted by the Government without hesitation, 

particularly in this case, where it would be extremely doubtful whether the Government would be able to make proof of the cutting of any wood (because it is a misnomer to call this scrubby stuff timber) or to establish any violation of the timber laws upon the part of any of the parties to this offer if they had put themselves upon the defensive and denied the commission of such trespass. '.rhe ir frank admission and offer of settlement shonld insure for them fair treat- ment and prompt response on the part of the United States . WM. l\1, STEW ART. 

Mr. BURNES. It will be observed that ''the offer of a compromise 

made is extremely liberal and should be accepted by the Government 

without hesitation," in the opinion of the distinguished indorser whose 

official certificate has just been read. With all due consideration I am compelled to differ from this opinion, and believe that this House will 

concur in such difterence, and sustain the :firm and courageous efforts of 

theCommissionerofLandstorecoverthejustrightsofthe UnitedStates. 

The other incident to which I am painfully constrained to call the 

attention of Congress and the country, arises from a recent attempt made 

elsewhere to compel the honorable Commissioner of the General Land Office, whilst engaged against able and wary foes in the prosecution of these 

important suits, to "show his hand "-borrowing an expressive phrase 

from one of the "lost arts "-to the adversaries of the Government, 

and make public, in advance uf a trial, his whole case. That this attempt was only partially successful enables us to indulge a hope that 

there is yet power in this Government to pursue violaters of the law 

and bring them to justice, even when Congress is stoutly appealed to 

for intervention and release. . 1\:Ir. Speaker, concluding my remarks on this amendment, I beg tO 

submit that it is an alien growth upon a constitutional appropriation 

bill; that it proposes to stop prosecutions and suits against confessed 

violators of our public law; that its purpose is to release to certain 

mining corporations $10,000,000 which they justlyoweforpublicproperty of the United States, seized and converted to their own uses; that 

there is no purpose or intention of.prosecuting, now or hereafter, any 

I 
8200 CONGRESSIONAL RECORD-HOUSE. SEPTEMBER 1, 

honest, bona fide citizen who obeys the law and takes only such timber as he needs in his own affairs; that six mining companies should 

not be allowed to discount the rights of posterity and consume their 

rightful heritage; that these six mines-all of Nevada, as they may be now-are not entitled to all the timber of the State growing upon undeveloped or undiscovered mines, in which hundreds of thousands of our people may be employed in the near future; that the arms of our 

faithful officials shall be upheld in their contests with freebooters for 

the just rights of the public; that honesty and not dishonesty shall be 

exempted from prosecution, and that, in the language of President 

Grant with regard to the whisky frauds of 1875, no guilty man shall 

escape. 

[Cries of " Vote ! " " Vote ! "J 

Mr. BLAND. I withdraw the amendment which I sent up. 

The SPEAKER pro temp01·e. The question is upon the motion of 

the gentleman from Nevada [1\fr. WooDBURN] that the House recede 

from its disagreement to the Senate amendment. 

The motion was disagreed to; there being ayes 17, noes.54. 

Mr. FORNEY. I move that the House further insist on its disagreement t<> the Senate amendment. · 

The motion was agreed to. . The next amendment (amendment numbered 119) wa-s read, ns follows: 

Insert the following : "For the purpose of investigating the extent to which the arid region of the 

United States can be redeemed by irrigation, and the segregation of the irriga- ble lands in such arid region, and for the selection of sites for reservoirs and 

other hydraulic works necessary for the storage and utilization of water for 

irrigation and the prevention of floods and overflows and to make the neces- sary maps, including the pay of employes in field and in office, the cost of all 

instruments, apparatus, and materials, and all other necessary expenses con- nected therewith, the work to be performed by the Geological Survey, under 

the direction of the Secretary of the Interior, the sum of ~..50,000. And all the 

lands which may be designated for reservoirs and canals for irrigation shall be 

rP.served as the property of the United States, and shall not be subjected to en- try OL' settlement until hereafter provided for by law." 

Mr. BRECKINRIDGE, ofKentucky. Mr. Speaker, Imovethatthe 

Rouse recede from its disagreement to the Senate amendment, and 

agree to the same with the amendment which I send to the desk. 

The Clerk read as follews: 

After the word" dollars," in line 1, on page 66, strike out the following: "An<l all the lands which may be designated for reservoirs and canals for irrigation shall be reserved as the property ofthe United States, and shall not be 

subjected to entry or settlement until hereafter provided for by law." 

""\.nd insert in lieu thereof: 

But the question presented, on its intrinsic merits, is entitled to 

very grave consideration, and demands a very full and thorough investigation. It should not come up for consideration in an appropriation bill among a multitude of distracting dollar and cent items; nor should it have been submitted to the Committee on Agriculture for 

investigation, as has been done in the House. The question is one affecting the public domain, and should have separate consideration 

by the Committee on the Public Lands. 

From the partial investigation that has been given to it by the Committee on Agriculture, of which I am a member, I am fully satisfied 

of this. It should be fully and thoroughly known before these ex- penditures are entered upon where these surveys and examinations are 

to be made and the duties of those in charge in some manner defined 

in the interest of the Government. Who can tell where these surveys 

and examinations are to be made? Are they to be made in the vicinity 

of the three great railroads, with their millions of acres of public lands 

derived as subsidies from the General Government, and who may be 

the principal beneficiary? 

Where is the direction in the amendment prescribing any rule in 

this regard or in any manner indicating where the work shall begin or where it shall end? Are these surveys to be made where the 

Lmds have been surveyed by the Government and are open to sale or entry or are they to be made where the chain and compass have not 

yet been? Full information on all these subjects should be had before s~ch important and costly legislation is entered upon. In order 

that the House may understand something of the obscurity in which 

we find ourselves moping along I will read a communication from the 

acting Commissioner of Public Lands: 

DEPAR'rllillNT OF THE INTERIOR, GENERAL LAND OFFICE, 

Washington,, D. 0., Febrtca!l/20, 1888. 

Sm: I am in receipt of Senate resolution of February 13, i888, requesting the 

honorable Secretary of the Interior to inform the Senate if, in his opinion, it is 

desirable to authorize the organicl;ation in his Department known as the Geological Survey to segregate lands of the public domain capable of irrigation in 

the sections of the United States where irrigationisrequired, from other lands, and to lay out suitable places to be reserved for reservoirs and rights of way for ditches and canals, for the pQrposes of irrigation. Said resolution was, on February 14, 1888, referred to this office for report in duplicate and return ol 

papers, by Hori. D. L. Hawkins, Assistant Secretary. At preRent I am not fully informed as to the extent o.nd exact location of aU lands the survey and segregation of which are contemplated by the resolution, nor have I definite means of ascertaining the expense attendant on such work, nor do I suppose that accurate information could be obtained as to these mat;.. 

ters in time for the action o't Congress at the present ession. Whilst it may be desirable that legislation of the character contemplated by the resolution 

shou1d be had in the future, o.t the present I am unable to see any urgent ne- cessity for it. • Very respectfully, S.M. STOCKSLAGER, 

Acting Commissioner. 

"And the Director of the Geological Survey under the supervision of the Secretary oftheiuteriorshallmakeareport to Congress on the first Monday in December of each year, showing in detail how the sa-id money has been expended, the 

amount used for actual survey and engineer work in the field in locating sites for 

reservoirs, and an itemized account of the expenditures under this appropriation; and all the lands which may hereafter be designated or selected by such United 

Stales surveys for sites for reservoirs, ditches, or canals for irrigation purposes Hon. WILLIAM F. VILAS, and all the lands made susceptible of irrigation by such reservoirs, ditches, or Secretary of the lnte1'ior. 

canals, are from this time henceforth hereby reserved from sale as the property Now here is the statement of the Commissioner that he can not furnish of the United States and shall hot be subjectafter the passage of this act to entry, settlement, or occupation until further provided by law." us, for the want of information himself, with the extent or location of 

Mr. FORNEY. I would like to come to some agreement as to the lands the survey and segregation of which are contemplated. 

length of time to be occupied in the discussion on this proposition. The SPEAKER pro tempore. The time of the gentleman bas exMr. HERBERT. I hope the gentleman will not undertake to fix a pired. limit now. This is too important a question. Mr. BRECKINRIDGE, of Kentucky. I have ·no doubt in the world 

[Ur. BRECKL."'ffiiDGE, of Kentucky: withholds his remarks _for re- the Commissioner has no data. 

vision. See APPENDIX. J 1\fr. HOLMAN. I hope the-gentleman from Kentucky will yield to 

Mr. UORGAN. Mr. Speaker, I have songht five minutes for the the j2;entleman from Mississippi for a few minutes. I ask unanimous 

purpose of making a short reply to one point presented by the gentle- consent that the gentleman from M1ssissippi be allowed to continue his 

man from Kentucky [Mr. BRECKINRIDGE], to wit, the effect that the rema~ks until he shall have concluded them. ' 

retention of the waters that come into the Mississippi River from the Mr. BRECKINRIDGE, of Kentucky. ~will give to the gentleman 

Rocky Mountains would have in reducing the floods of that river. We from Mississippi two minutes more. have had and now have the question presented by this amendment The SPEAKER pro tempore. The gentleman from Indiana asks that 

under consideration in the Committee on Agriculture, in a bill which the gentleman from Mississippi be allowed to continue his remarks. 

I now hold in my hand referred to that committee. Major Powell, Di- Is there objection? 

rector of the Geological Survey, appeared before that committee and Mr. BRECKINRIDGE, of Kentucky. I object. I have given him 

made a statement on the subject covered by the amendment. When two minutes more. he had concluded his general statement he was specially and particu- Mr. MORGAN. I only desire a word further. 

larly interrogated as to the effect that the staying of these waters in What gn~at practical benefit is t<> be derived or emergency is pressthe Roch.ry Mountains would have on the floods of the Mississippi. He ing, that we can not wait until we can get all the information that is 

could not say that it would have any perceptible effect, nor indeed can necess~ryto enable us to act advisedly about this matter? lama mem- it. If any Representative whose constituents are affected by the floods ber of the subcommittee of the Committee on .Agriculture in charge 

of this river is disposed to vote for this amendment undertheinfluence of the House bill covering this matter, and I stand prep:u·ed to report 

of the hope that they are to be benefited thereby I beg him to pause it back to this House with the recommendation that it be referred to 

for he will find himself grievously mistaken. I beg such, if any there the Committee on Public Lands, who have beensele.cted by this House 

be, but t,o ca-st their eyes on the map there spread out before us, pursue with regard to their special fitness to investigate matters of this kind. 

the Missouri, the Yellowstone, and other rivers to the sources in the [Here the hammer fell.l 

Rocky Mountains, in which their waters are to be held in reservoirs, [Mr. BRECKINRIDGE, of Kentucky, withholds his remarks for reand behold what an infinitesimally small acreage is to be subtracted vision. See APPENDIX.] 

from the enormous watershed drained by the Ohio River and its tribu- The SPEAKER pro tempore. The gentleman from Kentucky [Mr. 

taries, the Mississippi and its tributaries, and all of the rivers flowing BRECKINRIDGE] has thirty-five minutes remaining. How much time 

into the Mississippi from the West, where the rains full east of the arti- does he yield to the gentleman from Colorado [Mr. SYMES]? 

ficiallakes made in the coves of the Rocky Mountains. Mr. SYMES. 1I take the floor in my own right. 

Indeed, an argument made to those 'of us who represent constituents M:r. BRECKINRIDGE, of Kentucky. I yield twenty minutes to 

who suffer from these :floods that we are to be benefited by such expend- the gentleman from New York [M'r. Cox], ten minutes to the gentleitures has rather a tendency to disclose the weakness of the entire man from Iowa [Mr. WEAVF.R], and reserve five. 

scheme. It is certain that we are not to be benefited by this small I [Mr. SYMES withholds his remarks for revision. See .APPENDIX.] subtraction. • Mr. COX. Mr. Speaker, I do not know that I can add anythin~ ot 
1888. CONGRESSIONAL RECORD-HOUSE . . 82()1 

a practical nature to this discussion. I may add something historical 

and otherwise, so that we may contemplate this matter in a better light, 

with a view to the future. 

I favor the proposition of the honorable gentleman from Colorado 

[Mr. SYMES]. It is judicious; it guards against corporate greed. Besides, I am in accord with the statesm~ike' utterances of the distinguished member from Kentucky [Mr. BRECKINRIDGE]. There is no necessity of comparing this experiment with some enormous scheme or plunder. It looks only toward information. It-does not propose large sums. It does not foster a grand scheme. It would investigate. It 

would furnish discreet and intelligent data. It does not necessarily 

lead to the expenditure of millions, either for reservoirs or conduits. 

It looks toward the redemption of vast arid areas. It looks wisely to our aggrandizement as a people. 

Why am I drawn into this debate?· Because as a memb3r from the 

great metropolis we welcon::.e all measures of general wealth and welfare. 

I should, however, have remained silent, but for the quotation from 

my volume of "Winter Sunbeams." . There is a delicate compliment implied in the use of the paragraphs 

which have been read from it, relating some observations in Spain on the sulJject of inigation. I thank the gentleman from Colorado [Mr. 

SYMEs]for renewing my interest in so interesting a theme. I can not 

exactly recall the authority for the data which have been quoted. I 

think they were taken from official records connected with the irrigation of the Spanish Peninsula. They certainly are entitled to emphasis 

in one regard. They come from a disinterested source, for they were written before there was any idea of applying the system of other coun- trie.s to our own with reference to the cultivation of our own soil by 

irrigation. 

It is a matter of felicitation, sir, that we have so large an area of territory. In onesenseitisa burden. Our aridregionisaboutl,300,000 

square miles. Of this, one· fifth is too rugged or too elevated for cultivation under any condition likely to arise within the next century. 

Another portion it is impossible to irrigate by reason of its flatness. 

We can not by any process of science or gravity wash the salts from its 

soil. A million of square miles, however, remain. These only require 

water to utilize them for agriculture. 

In the report of Major Powell there are estimates as to the valuation 

of this land at the present Government price. There is also an estimate of its value when irrigated. This last estimate, in round num- . 

bers, approaches nearly two billions of money. It is more than our public debt. 

The report to which I refer, and to which reference bas been made, 

gives the range for the annual rain precipitation, and the amount of 

water needed for the crops during the growing season. It is both attractive as a matter of study, and may well inspire the hope of the ulti.J:rmte reclamation of the greater part of our arid Western land. 

Something has been done in this respect alreany by priv<J,te and other 

enterprise. How these waters may be brought within control, how 

they may be stored, what percentage of the lands may be redeemed, 

and how much wealth may in the end be added to that of the nation 

by this project, is set forth in figures, not of rhetoric, but of arithmetic, together with the plans by which this immense rescue of our lands 

may be made. 

The experience of other nations shows that such reclamation is not 

only possible but feasible. Irrigation is no new science or art. It is as old as the Bible. It is as old as Eg_vpt. The canalization, of which 

remains are still found west of the Mississippi, attest that our prehistoric race may have been engaged in cultivating the soil through 

irrigation. But whether the waters of the l\iississippi were canalized 

merely for the purposes of cultivation or to prevent the overflow of the 

Mississippi itself in its lower valley I do not pretend to determine. I 

have given it no study. But I remember one verse of the Bible where 

it is said-! think in the Psalms-that "the Lord divided the water 

courses to prevent the overflow thereof.'' 

And doubtless in early days, as in modern times, in those Oriental 

countries the streams from the uplands were so divided as. well to fructify the soil and make the waste places beautiful and useful by production as to prevent the terrible distresses of inundation. 

Three things are necessary to production from the soil-the earth, 

the sun, and the water. Without water the others are but idle factors. 

Given water and there is no limit to what the French call "the en- ergy of vegetation." 

I may be pardonedforreferringtoobservationsin Scandinavia, where 

the vegetable energy is so great and so notable that the barley and the 

pease grow 2 or 3 inches per day during the brief season, and whe:~:e 

ten weeks is t.he average to get the grain crops in and out of the soil 

in the summer. It is because of the forests of Norway and the rainfall of that Arctic country that the immense trees, birch, juniper, elm, 

and pine, grow so abundantly to enrich its commerce and give employment to it.s people. 

Nowhere have I seen such fields of flowers as in the Scandinavian 

summer. The very rocks amaze you with their efilorescence and 

beauty. 

But all these may lie flowerless and fruitless unless the energy of man seizes upon them for development. Paul may plant, but you 

have to call in Apollos to water, and then God will give the increase. 

Then that increase will give vales of Tempe as beautiful as those of 

ancient Greece and fields as opulent as those of Egypt. 

The Oriental people believed in water. It was a part of their creed. 

I.t was a part of theil" religion. It was with them the great principle 

oflife. They believed in water as they believed in purity of life, of 

which water was the symbol. They believed in it as they believed in· '"Allah." Go to the city where I lived for awhile-Constantinople. 

The -first thing that strikes the beholder are the fountains erected by 

the old Sultans. They pervade the city. These prescripts from the 

Koran are gilded upon their marble fronts: ''Water is the element of 

Being;" "Water from the wells of Paradise;" "Water is Purity;" 

''Water gives bread," etc. "Water, water everywhere," was the Koranic idea. "Water, water everywhere," and, by the canon of Mahomet, ''not a drop to drink.'' [Laughter.] That was Mahometan 

prohibition! 

Why, :M:r. Speaker, we have twelve hund:Eed thousand square miles 

of land in this country utterly arid. They are useless for any purpose 

unless we reclaim them. Seventy-four millions of acres in New Mexico 

alone and 70,000,000 in Arizona to be reclaimed by some system in the 

future. Shall we begin by obtaining further information? Why not 

collect under this amendment all the necessary points on which to base 

future action? I do not know or care so much bow much money this 

will take. Let us begin the work. Begin it by giving us the inform:ttion. That will not be expensive. I would not enter upon the debate as to the expediency of an expenditure for a large and a magnificent 

scheme for the purpose of making these reservoirs and other adjuncts 

to irrigation. That is not in question. We can not do as other countries have done. 

We may not do as old Spain did under its government. We could 

not under our system. But to rescue these waste lands from the greed 

of corporations, and to -rescue them in time and before it is too late, I 

would make timely investigation, with a view to provident and practical action. · There is one thing, sir, that struck me more than anything else during all my various vagaries of travel. This was the remarkable similarity between old Spain and New Spain, as we used to call California 

and Mexico. There is the same arid plain, the same serrated mountain, 

the same remarkable development connected with the same volcanic 

strata, the same general contour and appearance. We have within our boundaries an identical picture of old Spain. The same ideas and system came from old Spain to Spanish America. It is the same system 

that was brought by the Moors from• Bagdad and Damascus-from the 

Orient-to Spain. It was thence transferred to our continent. 

The sy~tem of irrigation which made certain portions of Spain so fruitful was brought to that country by the Moors. The cities of 

Damascus and Bagdad, like other cities of the East, old and new, fabricated with their silver threads their large belts of greenery by the aid 

of irrigation from the mountains. 

I once visitea the city of A vignon, and was the guest of John Stuart 

Mill. I had been through Spain and Northern Africa. He asked me, · 

''What strikes you as the most conspicuous among the marvels of those 

lands ? '' I said, '' The system of irrigation.'' We walked down his 

beautiful arbor and crossed the road, and he pointed dut the remnants 

of that irrigation which the Moors in their movements toward the west 

of Europe, and as far up into France as A vignon, had left of their system. He had no praise too eulogistic for the men whose system of 

civilization had been praised by our own Draper and glorified by acode 

ofliterature upon the subject of irrigation which is both ample, instructive, and unrivaled in the historyofprogressive humanity. 

Now, what do I draw from these simple lessons of travel and history? I draw the conclusion that this wonderful development by irrigation is not what the gentleman from Alabama [Mr. HERBERT], 

who sits near me, has said in reference to this enterprise. It is in one sense a new thing. It is a new thing to us here. The burden rests on us who favor the irrigation to establish some reason for the amendment. In that sense we agree. But irrigation is not a new thing in 

the world's history. Egypt four thousand years ago had irrigation. 

Egypt is, and has been for ages, 3,0GO miles of a broad ribbon of cultivated verdure, through the system of irrigati9n. 

Mr. HERBERT. If the gentleman from New York will permit me to interrupt him, I think he is a little mistaken in what I said. I did 

not say it was a new thing. I said it was a new scheme that we are 

called upon to ent~r. Irrigation is as old as the world. 

Mr. COX. I tliink I have the point logically right. The gentleman is correct in fixing the onus on our side. We must establish affirmatively the necessity for this investigation, so as to ascertain its 

practicability. It is new to that extent. But the system of irrigation 

has been tested for thousands of years in other places throughout the 

older portions of the world. It has been found a blessing to mankind. 

When, sir, I read the report of Major Powell, which shows how much 

arable land we have extant, and how much we may reclaim by timely 

and careful legislation, I am prepared to recur to the language involved 

in the resolution and to agree that we should make some tentative measure looking toward irrigation. Members from New York and New 

England, from_the South and from all parts of the country, should have 
•, 

8202 CONGRESSIONAL· RECORD~HOUSE. SEPTE1\IBER 1' 

an opportunity to reclaim this grand area. It can be reclaimed. The 

evidence shines through history that it is not merely possible but 

probable. It will give to our country something that will take away 

the menace from our extraordinary immigration. 

But I can not dwell upon these matters. I only intended to refer 

to the historical matters with r~ference to our own interests. I niay 

not, Mr. Speaker, have in view the very large sums that it adds to our 

valuation, but if Ma:jor Powell, who writes this report, is at all conversant with his business it will add, as he says, to the valuation of 

our country to-day by irrigation an amount as large as the national 

debt, or over two billions of money. 

Mr. SYUES. The gentleman will pardon me there. My statement 

was in connection with the public domain of the United States alone, 

that the Government by establishing these sites for reservoirs ·and preventing them from being taken under the pre-emption laws, and the 

vested rights accruing will add to the value of its own public domain 

land which can be disposed of hereafter for a thousand million dollars if 

it desires to do SOi and it can dispose of it hereafter when it is reserved 

by the amendment that I have offered at the rate of from $2 to $5 an 

acre, as it disposes of the lands of military reservations and the like. 

When you dwell upon the accretion of value to the United States and 

its citizens by the reclamation of these lands outside of the immediate 

value to the Government, you reach realms that figures can not calculate. Mr. COX. Gentlemen may smile at such a Calculation. I will read 

from Major Powell's l'eport to confirm it. Then you can judge of the 

advantage that will be gained. I will say to the gentleman from Texas, 

behind me, who seems incredulous, that I ggt much of my inspiration 

on the subject from Governor Throckmorton. But let me read what 

Major Powell says: 

As estimated above, the area of the arid region is about 1,300,000 square miles. 

Of this, about one-fifth is too rugged or too elevated to admit of cultivation under any condition of agriculture likely to arise for a century to come. A smaller fraction consists of playas, or drainless desert plains, so flat that H is impossible to wash the salts from their soils. There remain about 1,000,000 square miles of land which need only water to be rendered productive. . At the minimum price of public land, $1.25 per acre, a. price greater than its value for pasturage, this land has a valuation of $800,000,000; at $30 per acre, a 

moderate estimate of its value when irrigated, it would be worth 819,200,000,000. For the irrigation of this area we have the annual precipitation upon 1,300,000 

square miles of mountain, valley, and plain. This ranges from 5 inches or less on the dry est plains to 30 inches on the mountains, and even 75 or 100 inches on the highest peaks, and the average for the whole region is not fur from 15 inches. 

If all this could be applied to the land suited by configuration for cultivation, it would afford about 20 inches of water annually for the whole area, or nearly. double the amount which need be applied to crops dnring the growing season. The water which falls in the arid region would therefore fully meet the agri- cultural needs if only it could be stored until the proper season and then con- veyed to the proper land. Unfortunately, many causes conspire to render im- possible the full realization of so desirable a result. 

Of the precipitation, which has the form of snow, a large fraction is returned to the air by evaporation without going through the process of melting. Of that which falls as rain, a large part is recei¥ed by the soil and evaporated from it 

without gathering in st1·eams, ·and the only portion of such unconcentrated rainfall serviceable for agriculture is that which falls on the farming land dur- ing the growing season. Of the water from rain and melted snow which gath- ers in channels and forms streams, only a portion has such relation to arable land that it can be utilized; the remainder flows too low, or at.. such distance from the land as to be beyond the economic limits of conveyance. Moreover, a. comparatively small portion of the stream water is furnished during the farm- ing sea,son, and that which must be stored in reservoirs in order to utilize it necessarily suffers material loss by evaporation. 

Under such adverse conditions it is manifest that only a small portion of the rainfall of the region can be made to serve the farmer, and that there is no solid foundation for the opinion sometimes expressed that the greater part of our arid West will ultimat~ly be reclaimed. In 1880 less than 1 per cent. of its arable portion had been supplied with irrigation water, and it is not believed that with the most elaborate irrigation works this can be increased to more than 20 per cent. On the other hand, an estimate based on such data as are available leads to the anticipation that when all the larger streams have been brought under control, and the storage of water has been carried as far as it may be econom- ically, there will be redeemed about 15 per cent. of \he region, or 150,000 square miles, the whole comprehending au area which exceeds one-half of the land now cultivated in the United States. At $30 per acre, this will add 52,880,000,000 to the wealth of the nation. 

I know these statements mayseem to be exaggerated. We ma.ynot 

find this wonderful increase by reason of water. But, sir, water is a 

wonderful agent in the production of earthly fruits, as well as in their 

transportativn. · - Whate"'er may be done with ·this amendment, however chimerical it 

may seem to some, or practical to others, is it not worth a trial? Should 

it not receive some initiation from the practical good sense of the American Congress? May it not be a remedy in one sense for many of the 

ills which seem so large and menacing to us now, when these millions 

of acres in New Mexico and Arizona and other places west of the one 

hundredth meridian of longitude shall have been redeemed from their 

natural impoverishment, and when our desert shall be made glad and 

our waste places be made to blossom as the rose. 

For the Lord shall comfor~ Zion; He will comfort aJl her waste places, and He will make her wilderness like Eden, and her desert like the garden of the Lord; joy and gladness shall be found thru·ein, thanksgiving, and the voice of melody. 

When Sli. Ferdinand captured Seville from the Moors he bore the con- quest to heaven. The Virgin desired that her champion should ask a boon. The King asked for a fine climate and sweet sun; it was conceded. For brave men and fair women; it was conceded. For oil, 

wine., and the fruits of the teeming earth; it was granted. Then he 

asked for water, to add its blessing to the teeming grain fields and 

olive orchards; this, too, was conceded. "Then," said the King, 

"will it please the beauteous Queen of heaven to grant unto Spain a 

good government along,with its symbolic pure water? '' ''Nay! nay ! 

nay!" said the Queen, "for then the angels wo_uld desert heaven for 

Spain!" • 

Mr. :f.IcCULLOGH. Does the gentleman mean to say that the 

women of Spain and the water of Spain are both fair? 

Mr. COX. The gentleman will please be seated until I let him np. 

[Laughter.] 

I do not mean to say, 1\ir. Speaker, that our advancing people are 

angelic; nor that they would desert the Mississippi, or the Ohio, or the 

Hudson valleys, or the fair plains west or east of the Mississippi; or 

that they would leave the unctuous soil of the prairies for this inhos· 

pitable region, even though its aridity should be remedied by irrigation . I do not mean that our own progressive people, seeking e>er the 

Westward ho! and the Star of Empire, will flock to the lands thus 

rescued by our providence; but I do mean to say that as economists 

in a large sense, looking to our splendid future and contemplating the 

immense possibilities of our beloved c,ountry, we might at least try the 

experiment and ascertain what the sun and the sky and the soil and, 

as the greatest desideratun~, the water, will do for America. [Ap· 

plause.J 

Mr. SYMES. I will yield ten minutes to the gentleman from Iowa 

(1\ir. WEAVER). 

Mr. FORNEY. I move that the House do now adjourn. 

Mr. WEAVER. J'lfr. Speaker, time has been yielded to me, but I 

will reserve my remarks until this subject comes up again. 

MESSAGE FROM THE PRESIDENT. 

-A message, in writing, from the President of the United States was 

communicated to the House . by Mr. PRUDEN, one of his secretaries, 

who also announced that the President had approved bills of the following titles: 

An act (H. R. 8562) to accept and mtify an agreement made with 

the Shoshone and Bannock Indians for the surrender and relinquishment 

to the United States of a portion of the Fort Hall reservation, in the 

Territory of Idaho, for the purpose of a town site, and for the grant of a 

right of way through the said reservation to the Utah and Southern 

Railway Company, and for other purposes; 

An act (H. R. 219) granting a pension to James Smallidge; 

An act (H. R. 9830) for the relief of Lachlan Mcintosh; 

An act (H. R. 9263) gmnting an increase of pension to Abraham J. 

Brickles; and 

Joint resolution (II. !{es. 219) to continue the provisions of a joint 

resolution entitled a "Joint resolution to provide temporarily for the 

expepditures of the Government.'' 

The message also announced that the bill (H. R. 5539) for the relief of 

John J. Coughlin had been presented to the President on August 17, 

and, not having been returned by him to the House of Congress in, 

which it originated within the ten days prescribed by the Constitution, 

had become a_ law without his signature. 

BRIDGE ACROSS THE KENTUCKY RIVER. 

Mr. McCREARY. I ask the gentle1p.an from Alabama [Mr. FoRNEY] to withhold his motion to adjourn for a moment. I desire to call 

up a bill which has been favorably reported from the Committee on 

Commerce to an thorize the construction of bridges across the Kentucky 

River. The railroad is finished nearly to the river and the company 

are very anxious to build the bridge without delay. The bill is in the 

usual form. 

The bill was read, as follows : 

A bill (H. R. 11262) to authorize the constJ:uction of bridges across the Ken- tucky River and its tributaries by the Uichmond, Nicholasville, Irvine and Beattyville Railroad Company. 

Be it enacted, etc., That the Richmond, Nicholasville, Irvine and Beattyville Railroad Company, a corporation organized under act of the General Assem- bly of Lhe Commonwealth of Kentucky, be, and it is herehy, authorized to con- struct and maintain a bridge or bridges, and approaches thereto, over tho Ken- tucky River, in the State of Kentucky, and also a bridge or bridges over the tributaries or forks of said river, at such point or points as said company may deem suitable for the passage of its s:tidroad over said river, or its tributaries or forks. Said bridge or bridges shall be constructed to provide for the pas- sage of railway trains, and, at the option of the company by which it or they may be built, may be used for the pas age of wagons and vehicles of all kinds, for the transit of animals, and for foot-passengers. SEc. 2. That any bridge built under this act, and subject to its limitations, shall be a lawful structure, and shall be recognized and known as a post-route, and it shall enjoy the rights and privileges of other post-roads in the United 

States, and equal privileges in the use of said bridge shaH be granted to all telegraph companies; and the United States shall have the right of way across said bridge and its approaches for postal-telegraph purposes. SEc. 3. That any bridge authorized to be constructed unde1· this act shall be built and located under and subject to such regulations for the security of nav· igation of said river t~.s the Secretary of War shall prescribe; and to secure t.bat I object, the said company or corporation shall submit to the Secretary of War, for his examination and approval, a design and drawing of the bridge, and a map of the location thereof; and until the said plan and location of the bridge ' are approved by the Secretary of War, the bridge shall not be built; and should any change be made in the plan of said bridge during the progress of construc- tion, such change shall be subject to the approval of the Secretary of 'Vru·. SEc. 4. That all railroad companies desiring the use of said bridge or bridge;s shaJl have, and be entitled to, equal rights and privileges relative to the passage of railway trains ovor the same, and over the approaches thereto, upon the pay· 
1888. CONGRESSIONAL RECORD-SENATE. 8203 . 

ment of reasonable compensation therefor; and in case the o.wner o.r _owners of said bridge or bridges and t.he railroad company or compames desumg to use . the same shall fail to agree upon the terms with reference to the use of same, all 

matters of issue between them shall be decided by the Secretary of War upon a. hearing of the allegations aud proofs of the parties. r . 

SEc. 5. That this act shall be null and void if actual construction of the bndge or bridges herein authori~ed be not commenced within two years and com- pleted within five years from the date thereof. . . SEC. 6. That the right to alt-er, amend, or repeal th1s act IS hereby expressly reserved. · 

J\i.r. McCREARY. Mr. Speaker, as I have stated, this briO.ge bill is 

in the usual form. It was reported from the Committee on Commerce 

by the gentleman from Georgia. [Mr. CRISP J who was the acting chairman. It makes no appropriation of money, but simply authorizes the 

company to build bridges across the Kentucky River. The bridges are 

in my State and in my district and the bill is all r~ght.. [Ln.ugh~r.] 

The bill was ordered to be engrossed and read a. thud tune; and bemg 

engrossed, it was accordingly read the third time, and passed . . 

1\Ir. McCREARY 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. 

ISAAC N. ENLOE. 

PRIVATE BILLS INTRODuCED AND :REFERRED. 

Under the rule private bills of the fo1lowing titles were introduced 

and referred as indicated below: . 

By 111r. GEAR: it bill (H. R. 11328) to correct the military record 

of Maltby Griffin-to the Committee on 11ilitury Affairs. 

By Mr. HIRES: A bill (H. R. 11329) granting a pension -to Sarah 

Stillings-to the Committee on Invalid Pensions. 

By Mr. MAISH: A bill (H. R. 11330) for the relief of Valeria B. 

Elliott-to the Committee on Pensions. 

By Mr. SENEY: A bill (H. R. 11331) granting a pension to Salem 

Friend-to the Committee on Invalid Pensions. 

By 1\Ir. J. B. WHITE: A bill (H. R. 11332) granting a pension to 

Eliza S. Glass-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11333) granting a pension to Mrs. Louisa Humphrey-to the Committee on Invalid Pensions. 

By 1\Ir. WILLIAJ\iS: A bill (H. R. 11334) to pl_ace the name ?f Pauline Bichweiler on the pension-roll-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 11335) to place the name of Jacob ll. Fair on the 

pension-roll-to the Committee on Invalid Pensions. 

Mr. BAKER, of illinois. I ask unanimous consent that the Com- PETITIONS, ETC. 

mittee of the Whole House on the Private Calendar be discharged from The following petitions and papers were laid on the Clerk's desk, 

the further consideration of the bill (H. R. 8636) for the reliet of Isaac lmder the rnle, and referred as follows: 

N. Enloe, and that the bill be put upon its passage. By Mr. GEAR: Papers in the case of Malachy Griffin- to the ComThe bill was read, as follows: mittee on 1\Iilitary Affairs. 

Be it enacted, etc., That the Secretary of War is authorized and di:r~ted to au- By Mr. MAISH : Petition 'Of James McKnight, of estate of George 

dit and pay, from any money in theTreasuryn~totherw_iseappr~pr~d,Isaac W. Rose, of Peter Conover, of estate of Henry Culp, of Peter Ro:ffensN. Enloe, late a captain in Company C, Twenty-•nxth Regrment Illinms ~antry berger, of Alexander Cobean, of Henry B. Cramer, of John Horner, of Volunteers the amount due for his services and allowances as captam, from 

the 1st day ~f October, 1.864, to the 11th day of April, 1865, at the rate allowed by estate of David W. Horner, of John Trostle, of l\felchoir Wolf, of Charles, law to officers of that grade iu said service, less first sergeant's pay, from the 1st Young of estate of Leonard :Bircker of Francis Bream of estate of 

day of October, 1864, to the 11th day of April, 1865.. . , Peter Frey, of estate of John Slyder: of David Blubaugh, of Samuel 

. The ?PEAK~RJ?ro tempore. Is there obJectiOn to the present con- s. Moritz, of John 1\funshaw, of John Martin, of George Arnold, of 

s1deration of this btll? . . Jacob Benner, ofestateofDr. David Study,ofBliza.Fette1·bo:ff,ofJacob 

1\lr. BRECKINRIDG E? of Kentucky. . I thu?-k we ough~ to hear .t~e Baker, of Peter Orendorff, of Michael Fiscel, of Nathaniel Lightner, of 

report read. I ~o not.obJec.t to tb_e ~ons1~erat10n of the bill, but li I Lewis A. Bushman, of Jacob C. Eckenrode, of Michael Frey, of John 

caught_ the readmg of Itc~rrectly, It 1~ a bill to pay an officer who had F. Haner, of Adams County, Pennsylvania; of estate ofNicholas Ec~­

a certam rank for per~or~mg th~ duties of another rank. . enrode, of estate of William Conover, of John F. Currens, and of Lydta 

Mr. BAKER, of illinoiS. ~t IS for the ~ayment of an officer f~r SIX Loyster. for reference of their claims to the Court of Claims-to the 

months and ten days who durmg that penod performed the duttes of Coinmitte<> on War Claims. 

captain, flUd whose commission should have be~n such as to operate v 

from the time he commenced to perform the duties. 

Mr. BRECKINRIDGE, of Kentucky. Was he commissioned as c::tptain? 

Mr. BAKER, of illinois. He was ultimately. However, let the 

report be read if the gentleman desires. 

Mr. BRECKI~RIDGE, of Kentucky. I am satisfied with the gentleman's statement. 

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and pass~d. 

Mr. BAKER, of Illinois, moved to reconsider the vote by wh1ch the 

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

The latter motion was agreed to. 

ORDER OF BUSINESS. 

Mr. BLAND. Regular order. 

Mr. WASHINGTON. Iaskunanimousconsent to present and have 

printed in the RECORD an amendment which I give ?oti_ce that I D.;ten?-

to offer at the proper time to the bill for the orgamzat10n of the '!erntory of Oklahoma.. 

There was no objection. 

The amendment is as follows: 

That the Territorial government establishe~ by thi~ act shall not ~xtend to or exercise any jurisdiction over ~y part of ~Id rr:erntory o~ Oklahom~ exce~t 

as to what is known as the Pub he Land Stnp until the Prestdent shall Issue h1s 

tJroclamation as provided iu section 6 of this act. 

Mr. FELTON. I desire to offer an amendment to the amendment 

of the gentleman from Kentucky [Mr. BRECKINRIDGE] to the pending bill. 

The SPEAKER pro tempore. The regular order is demanded. 

1\Ir. SYMES. That is the regular order. I yield to the gentleman 

from California [Mr. FELTON] for that purpose. The amendment 

which h.e desires to offer is an amendment to the pending bilL 

The SPEAKER pro tempore. But the gentleman from Alabama [Mr. 

FORNEY] bas moved that the House adjourn. 

1\fr, SYMES. ·I appeal to the gentleman from Alabama to yield a 

moment to let the gentleman from California offer this amendment. 

Mr. FORNEY. I yield to the gentleman. 

The amendment was read, as follows: 

In line 9, page 1, afler the word"--," insert" and for the selection of water- sheds that shall be preserved." Line 5, after the word •· purposes," insert" and such selected water-sbt-ds." 

1\Ir. DORSEY. I desire to correct the RECORD. 

1\Ir. BLAND. I move that the House do now adjourn. 

Tbe'motion of Mr. BLAND was agreed to-ayes 36, noes 17; and 

the House accordingly (at 4 o'clock and 55 minutes p.m.) adjourned. 

SENATE. 

MoNDAY, September 3, 1888. 

Prayer by the Chapbin, Rev. J. G. BUTLER, D. D. 

The Journal of the proceedings of Friday last was read and approved. 

EXECUTIVE C0"!\1::\IUNIC.ATIONS. 

The PRESIDENT pro tempore laid before the Senate a communication from the Postmaster-General, returning, in compliance with a resolution of August 30, 1888, a resolution of the Senate of August 20l 

1888, calling for a report of the amount due postmasters under _the act 

of March 3, 1883; which,. on motion of Mr. CoCKRELL was, With the 

accompanying resolution, referred to the Committee on Post-Offices 

and Post-Roads. 

The PRESIDENT pro temp01·e also laid before the Senate a communication from the Secretary of the Interior, transmitting, in compli- ance with a resolution of August 9, 1888, a. report of the Commissioner 

of the General Land Office, together with other papers, covering the 

decision in the case known as the Guilford Miller case, and affecting 

the title to lands claimed by the Nortb~m Pacific Railroad Company, 

alleged as being within the indemnity lands of the grant to the com- pany; which, with the accompanying papers, was referred to the Committee on Public Lands, and ordered to be printed. 

PETITIO:S. 

Mr. HOAR presented the petition of Martha Webb, Mary E. Waters, 

C. M. P. Richardson, and 12 others, citizens of Salem, Mass., praying 

thalt a pension be granted to 1'11iss Anna Ella Carroll for services ren- dered the Union Army during the late war; which was referred to the 

Committee on Pensions. 

REPORTS OF COMMITTEES, 

Mr. HA:MPTON, from the Committee on Military Affairs, to whom were referred the following bills, submitted adverse reports thereon, 

which were agreed to; and the bills were postponed indefinitely: 

A bill (S. 2804) for the relief of :Wilbur F. Melbourne; 

A bill (S. 2256) to amend the military record of J. M. Peyton; 

A bill (H. R. 2273) for the reliefofWilliam L. Travis; 

A bill (S. 2545) granting to Stephen H. Lossee an honorable discharge 

from military service, dating as from June 28, 1864; and 

A bill (S. 2492) to correct the military record of Fountain C. Pollock. 

1\fr. DAVIS, from the Committee on Pensions, to whom wa3 referred 

the bill (S. 704) granting a pension to Thomas Recimond, late private