188'8. CONGRESSIONAL RECORD-HOUSE. 1149 

Mr. COCKRELL. Then why demoralize them with this appropriation? 

Mr. STEW ART. I ask an appropriation for the children' now; I 

would not ask it for adult Indians while we can employ them; but I 

ask 'it for these children, and I would not ask it unless it was neces- sary. 

M.r. COCKRELL. I want to hear these statements read. 

Mr. BERRY. I move that the Senate do now adjourn: 

Mr. COCKRELL. I should like to have those papers spread in the 

RECORD, so that we shall have them before us to-morrow. 

The PRESIDENT pro tempore. That will be done, if there be no objection. 

The papers are as follows: DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, 

Washi11gton , April 9, 1887. 

GENTLEMEN : I am in receipt of your communicat.ion of the 31st of Jan uary 

}:tt~~c~~~fis~!~~{ :f I!~el;d~~~c!cit ~t i~ t~!t~t:te~a Legislature providing 

I am gratified to s ee that Nevada m a n ifests such an interest in the education of her Indians. The generous offerofafarmof160aC£es andof $10,000forbuilding purposes merits prompt accepta nce by the Government. But I regret to say that the last session of Congress instead of increasing slightly reduced appro- priations fo1· Indian education, so that it will be with difficulty that school work now in progress can be properly continued during the coming fiscal year. Therefore I not would be justified in saying at this time that so soon as your buildings are completed the office will furnish and open an Indian school therein. But I can say, and will do so, that if you desire to put up the building and to transfer the same, with the land, to the Indian Office, the office will ac- cept it and will open a school therein for Indians of Nevada whenever a Gov- ernment appropriation therefor shall have been obtained. Meantime, if you desire it, the office will send a special agent to examine the location offered and to report upon its fitness for the purpose intended. Also the office can send yon copies of pl a ns which have been adopted for its school buildings, from which you will be able to gain an idea of the kind of buildings 

needed, and what will be the capacity of a building which $10,000 will erect. I hope that it may be possible to secure from the next session of Congre ss an appropriation for the support of this proposed Nevada school, and if it is made "immediately available" it may be possible to start the school within the next fiscal year. 

Yours, respectfully, A. B. UPSHAW, Acting Commissione-r. 

H. M. YERINGTON, JEWETT w. ADAMS, s. L. LEE, 

lndian School Commission, Carson City, Ne-v. 

DEPARTME~"T OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, 

Washington, Jan.uary 'J:l, 1888. 

SIR: I have the honor to acknowledge the receipt of the letter of Hon. H. L. 

DAWES,chairmanoftheSenateCoJlllllitteeonindianAffairs,transmittingacopy 

of "a bill (S. 1103) to provide for an Indian school at Carson City, Nev." refeiTed to this office for report, and in relation thereto I h~ve to respectfully advise yon that during the past year correspondence was had with several gentlemen on the subject of establishing a school for the Indians of Nevada, and they were informed that it would be impossible for the India n Office, with the appropria- tion then available, to establish such a school. Inclosed herewith you will find copy of a letter on this subject, addressed to the school commissioners at Carson City, Nev., on April 9, 1887, which gives the views of this office on the subject at that time. The establishment of. a large industri.al training school for the-Indians of Ne- vada is greatly needed, as they are almost without school accommodations. There is only one reservation boarding school and one day school at present in operation. · The majority of the Indians in that State are not on any reservation, and are homeless wanderers. If a good school were put in operation many of the young Indians could be induced to attend and receive a course of instruction which would tend to make them useful and self-supporting citizens of the State. I have examined the inclosed bill and heartily agree with the object of it. The letter of Hon. H. L. DA WEB, with inclosure, is herewith returned. Very respectfully, 

The Hon. SECRETARY OF THE INTERIOR. J . D. C. ATKINS, Commission~. 

DEPARTliiENT OF THE INTERIOR, 

Washington, JanuaTY 30, 1888. 

Sm: I have the honor to acknowledge receipt by this Department on Jan- uary 23, 1888, of your letter of the same date, inclosing bill (S. 1103) to provide for an Indian school at Carson City, Nev., with the request that it be examined and reported back with my views and recommendations thereon. I n response thereto I transmit herewith a communication under date of the 27th instant, with its inclosures, from the Commissioner of Indian Affairs, to whom the matter was referred for report, wherein he states that :Qe heartily agrees with the object of the bill for the reason that the establishment of a large industrial training school for the Indians of Nevada is greatly needed, as they are almost without school accommodations. I beg to add further, for the information of the committee, that the Indians for whose benefit the proposed school would be maintained, if established and provided for, are those upon and in the vicinity of the reservation in Nevada under the jurisdiction of the Nevada and the Western Shoshone agencies, num- bering in all about 8,000 Indians, among whom there are probably 1,200 chil- dren; of these, educational facilities are provided for only 180 pupils, 75 in a boarding school and 105 in day schools. In the last annual report from both of those agencies it is stated that the ex- isting schools have been filled to their utmost capacity, and thatadditionalschool accommodations are required. From the Nevada agency eighteen of the more advanced pupils were sent to the industrial school at Grand Junction, Colo., which theagentreportshad ademoralizingeffectupontheirpa.rents, who mourn for them as lost, or as they would the dea.d;andalso upon the remaining pupils and upon their parents, who fear that their children will be sent a w ay when they arrive at the same proficiency. 

P a rticularly pertinent to the proposition now under consideration a re thefol- low in ~ rema rks of the agent of th~ Nevada agency, Nevada:: " r smcerely hope that success Will crown the efforts of those who a re takino- an interest in h aving an appropria tion made for the erection of a build ing and the establishment of an industrial training school in Carson City, or somewhere within the borders of this State, as I firmly believe it would provetbevery best thing which could be done for the rising generation of aborigines of this State, 

• 

and my opinion is fortified 'by the act.ion of the last State Legislature in session, when it appropriated $10,000 to be expended for that purpose. The India us are praying for such a school, where children can- be taught withm their reach. * * • There are enough Pah-Ute children of school a g e to fill a half dozen school-houses, provided there was some means devised for collecting them and compelling t heir attendance at school." There appears, therefore, to be no question of the need for increased school facilities for the Indians on and near the rese rvations iq Nevada, and the con_. di tion and necessities of these people are such as to warrant the belief that their .educational and industrial needs will require the fostering care of the Govern- ment for some time to come. The estimated cost for esta blishing industrial tra ining schools for Indian edl1- ca tional purposes, erecting, furnishing, and eq uipp ing the necessary buildings, etc. (not including purchase of land), is found , from bids offered for and from cost of work on those alread y established, to be from $200to ~'250perpupil. The smaller the school the larger is the estimated cost per pupil. For $50,000 an in- dus trial training school can probably b e established at or in the vicinity of Car- son City, Nev., that will accommoda te 250 or more Indian pupils, unless cost of material and labor is very much higher t here than in other localities. The cost of maintaining such a school will not be less than $175per pupil per annum, the rate allowed for the schools at Chilocco, Ind. T., Sa lem, Oregon, LaWI·ence, 

Kans., and others (see 24 Stat., page 455). The industrial tra ining school at Salem, Oregon, with capacity for 200 pupils, is the only one yet esta blish ed for the Indians on the P a cific coa-st. The Indians on that coast are m a inly self-supporting, and the annual expenditures made for them are very small when compared with the large sums expended for many of the tribes and bands residing in the more easterly sections of the country. - As the successful cultivation of the soil in Nevada depends largely upon its proper irrigation, the India n children residing therein should be trained to farm-work in a school where tbe farming is done on irrigated land. I therefore think that it is v ery desirable that such u. s.ehool shonld be estab- lished somewhere in the locality indicated in the bill under consideration. The bill should, howe'\"er, in my opinion, be so amended as to leave it to the discretion of the Secr etary of the Inte rior whether any land or other dona- tion made for the purpose of the school by the Sta te of Nevada, or otherwise, sha.ll be accepted and used therefor; s that the suitability of location or pro- posed advantages shall be within Departmental determination. Very respectfully, WM. F. VILAS, Secretary. 

Th: CHAIRMAN COMMITTEE ON INDIAN AFFAffiS, 

United States &nate. 

The PRESIDENT pro mpore. Before submitting the motion of 

the Senator from Arkansas, the Chair will lay before the Senate the un- finished business, being the bill (S. 371) to aid in the establishment and 

temporary support of common schools. The Senator from Arkansas [Mr. 

BERRY] moves that the Senate adjourn. 

The motion was agreed to; and (at 5 o'clock and 2 minutes p. m.) 

the Senate adjourned until to-morrow, Tuesday, February 14, 1888, at 

12 O-'clock m. · 

HOUSE OF REPRESENTATIVES. 

:MoNDAY, February 13, 1888. 

The House met at 12 o'clock m. Prayer by Rev. Dr. B:&USH, presi- dent of Dakota University. 

The Journal of Friday's proceedings was rea-d and approved. 

SECTION 4883, REVISED STATUTES. 

The SPEAKER laid before the House the bill (H. R. 5514) to amend 

section4883oftheRevised Statutesofthe United States, returned from 

the Senate with an amendment. 

The SPEAKER. The Senate an;1endment to this bill is simply a change in the title; and if there be no objection the amendment will 

be concurred in. There was no objection, and it was so ordered. 

REFERENCE OF SEN ATE BILLS. 

The SPEAKER laid before the House bills of the Senate; which were severally read a first and second time, and referred as follows, namely: 

The bill (S. 1723) for the completion of the public building in the 

city of Pensacola, Fla., as originally designed-to the Committee on Public Buildings and Grounds. 

The bill (S. 832) to provide an additionalxq.ode of taking depositions 

of witnesses in causes pending in courts of the United States-to too 

Committee on the Judiciary. 

The bill (S. 140) for the erection of a bronze statue to Spencer F. 

Baird, late Secretary of the Smithsonian Institution-to the Committee on the Library. 

The joint resolution (S. R. 4) providing for the distribution of un- distributed copies of the Rebellion Record, and other public documentsto the Committee on Printing. 

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted as follows : To Mr. CoNGER, inqe:finitely, on account of sickness in his family. 

To Mr. OWEN, for two days, on account of important business. 

To Mr. NUTTING, for ten days, on account of important business. 

To Mr. OSBORNE, until Friday next, on account of business engagements. 

ENROLLED BILL SIGNED. 

Mr. FISHER, from the Committee on Enrolled Bills, rep~n ted that 

they had examined and found duly enrolled a bill of the following title; 

when the Speaker signed the same, namely: 

, , 
. ' 

1150 CONGRESSION~L RECORD-HOUSE. FEBRUARY 13, 

The bill (H. R. 2578) to u.uthorize the co~struction of a bridge over the Missouri River at or near the city of Lexington, Mo. 

ORDER OF DUSINESS. 

The SPEAKER. This being Monday, the first business in order is 

the call of States and Territories for the introduction and reference of 

bill& and jojut resolutions. • 

DELEGATE FROM INDIAN TERRITORY. 

. 1\Ir. PEEL introduced n. bill (H. R. 7030) providing forandauthor·z- Ing.a Delegate to the Fifty-first ~ngress from the Indian Territo1-y; 

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

DRIDGE ACROSS POTEAU RIVER, ARKANSAS. 

~r. ROGERS introduced a bill (H. R. 7031) authorizing the Fort 

Snuth an~l Choctaw Bridge Company to construct a bridge across the 

Poteau RIYer, on the lands of Mrs. M.A. Bower in the Choctaw Nation near Fort Sm.ith, Ark.; which was·read a. first dud second time, referred 

to the Committee on Commerce, and ordered to be printed, 

PUBLIC LANDS, liOT SPRINGS. 

:Mr. R~GER~ also introdn.ced ~ bill (H. R. 7032) donating the unsold ~ots ?1 ~c City of Hot Sp~mgs, Ark., belonging to the United Stat.eR, 

to smd City 1!1 trust for public-school purposes; which was read 1\ first 

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

ordered to be printed, • ~ ' 

LIGHT-HOUSE, CHARLOTTE HARDOR1 FLORIDA. 

Mr .. DA VlDSON,. of Florida., introduced a bill (H. R. 7033) for tho 

estabhshment of a light or lights and other aids to navigation to guide 

into Charlotte Harbor, Florida; which was read a first and second time 

referred to the Committee on Goromerce, a;ud ordered to be printed. ' 

PUBLIC BUILDING, K EY WEST, FLA. 

Mr. DA VJDSON, of Floridll, also introduced a bill (IT. R. 7034) to 

change the limitofappropri tion for the public buildino- at Key West 

Fla.; which was read a fir t and second time, referred to the Committe~ on Public Buildings and Grounds, and ordered to be ~rinted. 

MARINE .HOSPITAL, PENSACOLA, FLA. 

:Mr. DAVIDSON, ofFlorida, al o introduced a bill (H. R. 7035) Inaking an appropriation for the erection of a marine hospital at Pensacola 

Fla.; which was read a first and second time, referred to the Commi~ tee on Public Buildings and Grounds, and ordered to be printed. 

. \ 

J,ETTER-CARRIERS. 

Mr. CHEADLE also introduced a bill (H. R. 7042) to create additional classes of letter-carriers1 and to fix the pay thereof; which was read a first and second time, referred to the Committee on the Post-Of· 

fica and Post-Ron<ls, p.ud ordered to be printed, 

aDULTERATED LARD. 

. Mr. HOLMES presented a concurrent resolution passed by the Leg- lS~ature of the State of Iowa, requesting Congress to prohibit the sale 

of adulterated lard and to require a statement of the actual contents 

of packages thereof, and to pass the bill now pending in Congress for 

that purpose; which was referred to the Committee on Agriculture. 

EAL ESTATE IN THE TERRITORIES. 

Mr. STRUBLE introduced a. bill (H. R. 7043) to amend an act approved March 3, 1887, entitled "An act to restrict the ownership of 

real estate in the Territories to American citizens, etc.;" which was 

rend a. first and seooud time, referred to the Committee on the Terri· 

tories, and ordered to be printed. 

ADUI~TEBATED LARD. , 

Mr. FULLER presented a concurrent resolution of the LegiJJlatlU'6 of 

Iowa, x~questing Congress to prohibit the sale of adulterated lard, and 

to reqnll'e a statement of the actual content of packages thereof, and 

to pa s the bill now pending in Congress for tbat purpose; which waa 

referred to the Committee on the Judiciary. 

PUBLIC BUILDING AT DAVENPORT, lOW,A • 

.-: Mr . . H.;1 YES introduced a bill (H. R. 7044) for the erection of a pub- l~c bmldmg at Davenport, Iowa; which was read a first and second 

ttme, referred to the Committee on Public Buildinga u.ud Grounds, and 

ordered to be printed. PURE LARD. 

Mr. LYMAN presented a memorial of the twenty second General 

Assembly of the State of Iowa, asking a lawto protect the sale of pure 

lard; which was 1·eferred to the Committee on the Judiciary. 

FORT LEAVENWORTH MILITARY RESERVATION. 

Mr. l\IORRILL introduced a joint resolution (H. Res. 107) providing 

for 1~e sale of a certain portion of the Fort Leavenworth military res· 

ervation to the Leavenworth Fair and Agricultural.Association; which was read a first and second time, ·referred to the Committee on lr1ilitary 

.Affairs, and ordered to be printed, 

OFFICERS OF STJJ:AU· VESSELS. JANE SIIELDON. 

Mr. DOUGHERTY intioduced a bill (H. R. 7036) for the relief of Mr. CARUTH introduced a bill (H. R. 7045) for the relief of certain 

Jane Sheldon; which was read a first and second time referred to the officersofste..'l>m-vessels; which waa reada.firstandsecond timA1 referred 

Committee on Pensions, ,and ordered to be printed. ' to the Committee on Claims, and ordered to be printed, 

SALE OF LEAF-TOBACCO. 

Mr. TOWNSHEND introduced a bill (H. R. 7037) permitting farmers 

a:nd producers of tobacco to sell leaf-tobacco in any quantity to un- licensed dealers, or to any per on without restriction, and repealing all 

law inconsistent therewith; which was read o. first and second time 

referred to the Committee on Ways and l\Ieans1 and ordered to b~ printed. PUBLIC BUILDING, GALESBURGH, ILL. 

Mr. POST introduced a bill (H. R. 7038) for the erootion of a public 

building at the city of Galesburgh, ill.; which was rend a first and 

second time, referred to the Committee on Publio Buildino-s and 

Grounds, and ordered to be printed. o 

PUDLIO BUILDING, RICRlUOND, IND. 

Mr. BROWNE, of Indiana., introduced a bill (H. R. 7039) for the 

purchase of suitable grounds in the city of Richmond, Ind. and the 

erectipn thereon of a building for the post-office, United Stat~s collector's office, United States commissioner's office, aud for the use of other 

United States officers in.saicl city, and appropriating money for said 

purposes; which was read a first and second time, referred to the Com· mittee on Public Buildings and Grounds, and ordered to be printed. 

MINlill.A.L LANDS IN NEW MEXICO AND ARIZONA, 

Mr. SHIVELY introduced a bill (H. R. 7040) defining the rights of 

the United States to deposits of gold, silver, copper, cinnabar and 

quicksilver in lands acquired by the United States under the tre~ty of 

Guadalupe Hidalgo. and declaring its obligation respectina such min· 

erals under said treaty, and extending the mineral laws ol'the United 

States over s?cJl minerals, and pro~iding for the develo~ment thereof 

under t~e ~mmg laws of ~he Urute~ States as to lands lying within 

the Terntones of New Mex1co and Arizona; which was read a first and se·cond time, referred to the Committee on the Public Lands and or- dered to be printed. ' 

PUDLIC BUILDING AT L.A.F A YETTE, IND. 

. Mr. CHEADLE introduced a bill (H. R. 7041) for the purchase of a s1te and the erection of a public building thereon in the city of Lafay· ette, Ind. ; which was read a first and second time, referred to the Com .. 

mittee on Public Buildings and Gronuds, and ordered to be printed. 

ARREARS OF PENSIONS. 

Mr. WILKINSON introduced a bill (H. R. 7046} to allow arrears of 

pensions to certain invalid pensioners whose nam~ were dropped from 

the. pension·rolls and who were pensioned ago.in by act of Oongress; 

wh1ch was read a first and second time1 referred to the Committeo on Pensions, and ordered to be printed. 

LIGHT-ROUSE SOHQONER MIGNONETT 

1\fr. WILKINSON also introduced a bill fH. R. 7047) for the relief of 

certain heirs of the officers and crew of the light-house schooner Mignon· ette, lost .near Brazos Santiago, Tex., in the storm of September 21, 

1887; which was read a first and second time, referred to the Commit. 

tee on Claims, and ordered to be printed. 

.A.Pl'RENTIOESID:P IN UNITED STATES NAVY-YAimS. 

. Mr •. R~YNER i~troduced a. bill (H. R. 7048) to provide for apprentiCeship m the Uruted States navy-yards and.arsenals; which was read a first and second time, referred to the Committee on Naval Affairs and 

ordered to be printed. ' 

PUBLIC BUILDING AT HA VERRILL, MASS. 

Mr. COGSWELL introduced a bill (H. R. 7049) for the erection of a public building at Haverhill, l'rlass.; which was read u. first and second 

time, referred to the Comroittee on Public Buildings and Grounds, and 

ordered to be printed. 

COURTS IN INDIAN TERRITORY. 

Mr. ALLEN, of Mississippi, introduced a. bill (H. ·R. 7050) to create 

and es~bHsh U~ited S~ates dist~ot, Territory, supreme, and other 

courts m the Indmn Tern tory; wh1ch was read a first and second time 

referred to the Committee on the Territories, and ordered robe printed: 

FICTITIOUS TRANSACTIONS IN PRODUCE. 

Mr. HATCH. I offer the bill which I send to the desk, by request of the author of it, and I ask that it mny be read. 

The bill (H. R. 7051) to prohibit :fictitious and gambling transactions on the price of articles produced by American furm industry 

was read a first and second ti.me. 

The bill was read at length, and was referred to the Committee on 

the Judiciary, and ordered to be printed . 

. 

.. 
1888. CONGRESSIONAL REOORD-· HOUSE. 1151! 

MESSENGER TO THE COMMITTEE ON AGRICULTURE. 

Mr. HATCHalsosubmitted tbefollowingresolntion; which was read, 

and referred to the Committee on Accounts: 

Resolved, That the Doorkeeper of the House of Representatives be, and he 

is hereby, authorized and directed to appoint a. messenger to the Oow.mittee on Agriculture, to serve during the time the House is in session during this Con- gress, at a salary of Sl,OOO per annum, to be paid out of the contingent fund of the House. 

:POSTAL CRIMES. 

:Mr. DOCKERY introduced a bill (H. R. 7052)relatingtopostal crimes 

and amendatory of the statutes therein mentioned; which was read a first and second time, referred to the Committee on the Post-Office and 

Post-Roads, and ordered to be printed. 

CLASSIFICATION OF PdsTn!ASTEBS. 

Mr. DOCKERY also introduced a bill (H. R. 7053) relating to tl1e 

classification and compensation of postmasters; which was read a first 

and second time, referred to the Committee on the Post-Office and PostRoads, and 9roered to be printed. 

SERVICE PENSIONS. 

Mr. GALLINGER (by request) introduced a bill (H. R. 7054) to 

grant pensions for services in the Army, Navy, and l'tfarine Corps of 

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

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

CALIFORNIA REDWOOD COl!PANY. 

Mr. BUCHANAN submitted a resolution calling upon the Secretary 

of the Interior for certain information in regard to the California Redwood Company; which was referred to the Committee on Public Buildings and Grounds. 

ADDITIONAL ELEVATORS IN THE CAPITOL. 

Mr. BLISS introduced a bill (H. R. 7055) to provide for the construc- tion of two elevators for the use of the public in the south wing of the 

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

PROPOSED .Al\IEND:UENT TO THE CONSTITUTION. 

:Mr. JOHNSTON, of North Carolina, introduced a joint resolution 

(H. Res. 108) proposing an a.mendl;llent to the Constitution limiting the 

number of members of the House of Representatives; which was read a first and second time, 1·eferred to the Committee on the Judiciary, and 

ordered to be printed. 

The joint resolution was 1·ead, as follows: 

Jle.•olce<l. by the l\enale and House of Repr&entatives (two-tltirds oj each House cQn- curri n g therein), That the following amendments to the Constitution of the United 

States IJo submitted to the several Legislature!> of the States, and, if approved by 

three-fourths thereof, shall become a part of said section: 

That section 2, Article I, be amended ;by inserting, afLer tbe word "of," and im- medi:\tely preceiling the word "members," in the first line thereof, the words 

"two hundred and fifty," and at thB end of sn.id section add the following: "Prorided That when a Sta.te is admitted into tho Union the representation to which it shall be entitled until the next succeeding apportionment shall be in 

addition to the limit herein fixed." 

So that said section shall read: 

"SEC. 2. The House of Representatives shall be composed of two hundJ:ed and 

fifty memllers, chosen every second year by the people of the several States, 

and the electors in each State shall hnve the qualifications r equisite for electors 

of the most numerous branch of the State Legislature: P-rovided, That when a State is admitted into the Union the representation to which it shall be entitled 

until the next succeeding apportionment shall be in addition to the limit herein 

fixed. " 

UNITED STATES MARSHALS TO TAKE BAIL. 

_ Mr. JOHNSTON, of North Carolina., introduced a bill (H. R. 7956) 

to allow United States marshals to take bail in certain cases; which was read a first and second time, referred to the Committee on the 

Judiciary, nnd ordered to be printed. 

COIDUSSIONS QF PUBLIC OFFICERS. 

Mr. HENDERSON, of North Carolina, also introduced a bill (H. R. 

7059} regulating the mode of issuing the commissions of all judicial 

officers, defining the crime of perjury, and providing that the fees and 

emoluments payable to certain officers shall be covered into the Treas~ 

ury, and for other purposes; which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. 

INTERNAL REVENUE. 

Mr. UcCLA:MMY introduced o. bill (H. R. 7060) to amend an act 

passed July 1, 1862, ''to provide internal revenue to support the Gov· 

ernment and to pay interest on the public debt;'' which was read a first 

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

ordered to be printed. 

CAPTURED PROPERTY. 

Mr. M:oCLAMM:Y also introduced a bill (H. R. 7061) to refund and 

pay for captured property; which was read a first and second time, 

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

THIRD-CLASS MAIL 1\IATTEB. 

Mr. NICHOLS introduced a bill (H. R. 7062) defining what shall 

constitute tbird.class mail matter, and fixing the rates for the same; 

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

PENSIONS. 

Mr. "riCKHAJ\I introduced a bill (H. R. 7063) providing for pension, 

to parents of two or more sons dying by reason of wounds or injuries 

received or disease contracted in the military or naval service or Uarine Corps of the United States; which wasreadafirst and second time, 

referred to the Cpm mi ttee on In valid Pensions, and ordered to be printed. 

MINES ON INDIAN RESERVATIONS. 

Mr. HERUANN introduced a bill (H. R. 7064) authorizing the Secretary of the Interior to permit miners and-companies and corporations 

organized for mining purposes to prospect, develop, lease, and own the 

mineral portion of any Indian reservation, upon such terms and con- ditions as may be agreed upon by the Secretary of the Interior and the 

Indians on any such reservation; which was read a fil'st and second 

time, referred to the Committee on Indian Affairs, and ordered to be 

printed. 

.ASSAY OFFICE, PORTLAND, OREGON. 

1\Ir. HERUANN also introduced a bill (H. R, 7065) to establish an assay office at Portland, in the State of Oregon; which was read a first 

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

Measures, and ordered to be printed. 

LIGHT-IIOUSE, SIUSLA W RIVER, OREGON. 

Mr. HERMANN also introduced a bill (H. R. 7_066) providing for the 

establishment of a light-bouse at or .near the mouth of the Siuslaw 

River, in the State of Oregon, and not to exceed in cost the sum...Of 

$80,000; which was read a first and second time, referred to the Committee on Commerce, and ordered to be printed. 

llUSINESS OF COMMITIEE O:N PRESIDENTIAL ELECTION, ETC. 

Mr. CRAIN submitted the following resolution; which was referred 

to the Committee on Rules: 

Resolved, That Wednesday, the 29th da.y of February, be set apart for theconsideratiotl of bills or resolutions reported by the Committee on the Election of 

President, Vice-President, and Representatives in Congress, and that each suo- ceeding day be so set apart until all such bills and resolutions are disposed of, 

this order not to interfere with revenue Ol' general appropriation bills. 

LOAN OF SURPLUS REVENUE. 

Mr. DARLINGTON introduced a bill (H. R. 7067) to authorize the 

INTERNAL-REVENUE TAXES. Secreta,ry of the Treasury to loan the surplus revenue of the Govern~ 

Mr. BROWER offered the following resolution; which was read, and ment; which was read a fuat and second time, referred to the Commitreferred to the Committee on Rules: tee on Ways and Means, and ordered to be printed. 

E uolved, 'rhat the Committee on Ways and Mea~s be, and they are hereby, - TOBACCO FOE ~IINORS. instructed to report to tho House the progress made in the consideration of the M HEMPHILL (b ) · d d b'll (H R 7 ) bill (H. R. 1G93J to repeal all internal-revenue taxes on tobacco and spirituous r. ' Y request mtro nee a l · · 068 to pro-. and malt liquors, and the bill (H. R. 1694) to 'repeal the tax on brandy distilled bibit selling, giving, or furnishing tobacco in any of its forms to minors 

from fruits, aud the bill (H. R.l695) to repeal the t.ax on tobacco in all it.s forms, under sixteen years of uge in the District of Columbia; which was read 

and to state at what time the said bills are likely to be reported for the action a first and second time, referred to the Comn,ittee on the Dm' trict of Co- of this House. And in case said committee are unable to agree among them- '--4.'. 

selves upon any report on said bills, either favorable or unfavorable, they are lnmbia, and ordered to be printed. hereby instructed to report. the facts to the House by March 1 next, together with their objections to tho same, and to have said bills plaoed upon the Calendar of the House for consideration. ' 

PAY OF UNITED STATES DISTRICT ATTOJYNEYS AND MARSHALS. 

Mr. HENDERSON, of North. Carolina, introduced a bill (H. R. 

7057) to provide for paying district attorneys and marshals a fixed an- nual compen...~1.tion, in lieu of the fees and perquisites now allowed by 

law; which was read a :first and second time, referred to the Committee on Expenditures in the Department of Justice, and ordered to be printed. 

PLEADINGS IN CRIMINAL CASES. 

STREET RAILROADS, CHATTANOOGA., TENN. 

:Mr. NEAL introduced a bill (H. R. 7069) granting to the city of 

Chattanooga and county of Hamilton, in the State of Tennessee, authority to allow the construction and operation of street railroads on the 

road which the United States Government constructed, connecting the 

city ofChattanooga with the national cemetery; which was reacla first 

and second time, referred to the Committee on Military Affairs, and 

ordered to be printed. 

BURGLAR-PROOF SAFE FOR COl\11\IITTEE ON ENROLLED BILLS. 

?lfr. ENLOE submitted the following resolution; which was referred Mr. HENDERSON, of North Carolina, also introduced a bill (H. to the Committee on Accounts: 

R. 7058) to provide for tlle simplification of the pleadings, forms, and 

proceedings in criminal cases; which was read a :fin;t and second time, 

referred to th'3 Committee on the Judiciary, and ordered to be printed. 

- I 

/ . 

.· 
1152 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 13, 

DEPOSITORS OF FREEDl'tfAN'S SAVINGS AND TRUST COl\IPANY. 

Mr. HOPKINS, of Vh·ginia, intmduced a bill (H. R. 7070) to reimburse the depositors of the Freedman's Savings and Trust Company for 

losses incurred by the failure of said company; which was read a first 

and second time, referred to the Committee on· Claims, and ordered to 

be printed. POSTAL TELEGRAPHS, ETC. 

Mr. HOPKINS, _of Virginia (by request), also introduced a bill (H. 

R. 7071) to establish postal telegraphs, and for other purposes; whi.c1r was read. a :first and second time, referred to the Committee on the 

Post-Office and Post-Roads, and ordered to be printed. 

CLAIMS FOR l'tiAIL SERVICE IN SOUTHERN STATES. 

Mr. GAINES introduced a bill (H. R. 7072) providing payment for 

mail service in the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, 

Tennessee, Texas, Virginia, and West Virginia in the years 1859, 1860, 

and a part of 1861; which was read a first and second time, referred to 

the Committee on Claims, a~d ordered to be printed. 

REPEAL OF INTERN .A.L-REVENUE LAWS. 

Mr. GAINES also introduced a bill (H. R. 7073) to repeal the internal-revenue laws; which was read a first and second time, referred 

to the Committee on Ways and Means, and ordered to be printed. 

CQ)IMON SCHOOLS. 

:Mr. GAINES also introduced a bill (H. R. 7074) to aid in the establishment and temporary support of common schools; which was read 

0. first and second time, referred to the Committee on Education, and 

ordered to be printed. 

TELEGRAPH COl\IP ANIES. 

1\fr. GUENTHER intr~duced a bill (H. R. 7075) to' regulate telegraph companies; which was read a first and second time, referred to 

the Committee on the Post-Office and Post-Roads, and ordered to be 

printed. POSTAL TELEGRAPHIC SYSTEM. 

Mr. SMITH, of Wisconsin, introduced a bill (H. R. 7076) to pro· - vide for the establishment of a postal telegraphic system; which was 

read a :first and second time, referred to the CO]D.IDittee on the Post-

-Dffice and Post-Roads, and ordered to be printed. 

PUBLIC BUIT~DING AT EAU CLAIRE, WIS. 

1\Ir. HAUGEN introduced a bill (H. R. 7077) to provide for the erection of a public building at the city of Eau Claire, State of Wisconsin; 

which was read a first and second time, referred to the Committee ou Public Buildings and Grounds, and ordered to be printed. 

EXPEJ.~SES OF INDIAN DEPARTMENT. 

1\Ir. SMITH, of Arizona, introduced a bill (H. R. 7078) to amend sec- tion 9 of ''An act making appropriations for expenses of Indian Department, and for fulfilling treaty stipulations with various Indian tribes 

for the year ending June 30, 1886, and for other purposes," approved 

March 3, 1885; which was read a :first and second time, referred to the 

Committee on Indian Affairs, and ordered to. be printed. ' 

SETTLERS ON UNSURVEYED GOVERNMENT LANDS. 

Mr. SMITH, of Arizona, also introduced a bill (H. R. 7079) for the 

Telief of settlers on unsurveyed Government lands lying within certain 

railroad land grants; which was read a :first and second time, referred 

to the Committee on Private Land Claims, and ordered to be printed. 

SCHOOL LANDS IN THE TERRITORIES. 

Mr. JOSEPH introduced a bill (H. R. 7080) relating to sections 16 

and 36 in the Territories; which was read a :first and second time, re- ferred to the Committee on the Public Lands, and ordered to be printed. 

TACOl\I.A. PARK, WASHINGTON TERRITORY. 

Mr. VOORHEES introduced a bill (H. R. 7081) granting certain lands 

in Pierce County, Washington Territory, to the city of Tacoma for the 

purposes of a public park; which was read a first and second time, re- ferred to the Committee on "the Public Lands, and ordered to be printed. 

KEEPING OF TERRITORIAL P UBLIC RECORDS. 

Mr. CA.REY (by request) introduced a bill (H. R. 7082) to secure the 

keeping of public records in all counties in the several Territories of the 

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

Committee on the Territories, and ordered to be printed. 

The SPEAKER. The call of States has been gone through with, 

and the Chair will now recognize gentlemen who were not in when 

their States were called. 

A. G. BEAUVAIS. 

Mr. GLOVER submitted the following resolution; which was referred 

to the Committee on Claims: R esolved, That the Secretary of the Interior be r equested to advise this House of all the facts of record touching the cla im of A . G. Beauvais on file in the De- partment of the Interior, and pa rticularly to inform the House why the allow- ance of said cla im bas been several times r eopened, and what objection there is to its final aUowance. 

INDUSTRIAL HOME SCHOOL. 

Mr. BREWER introduced a bill (H. R. 7083) to regulate the powers 

and duties of the board of trustees of the Industrial Home School of 

the District of Columbia in respect to infant wards and scholars, ·and' 

for other purposes; which was read a fhst and second time, 1·eferred to 

the Committee on the 'bistrict of Columbia, and ordered to be printed. 

CONSTRUCTION OF PUBLIC BUILDINGS BY CONTRACT. 

Mr. liilREWER also introduced a bill (H. R. 7084) providing for the 

construction of public buildings by contract; which was read a first and. second time, referred to the Committee on Public Buildings and Grounds, 

and ordered to be printed. 

· BUSINESS OF COIDIITTEE ON LABOR. 

Mr. O'NEILL, of Missouri, submitted the following resolution; which was referred to the Committee on Rules: 

R esolved, That Tuesday, the 13th, l'md Wednesday, the 14th day of March, 1888, immediately after the hour for the conside ration of bills, be set apart for the consideration of bills and resolutions reported from the Committee on La- bor, and that pending the consideration of said bills and resolutions all speeches be limited to fifteen minutes. 

LIGHT-HOUSES, LAKE SUPERIOR, ETC. 

Mr. CHIPMAN introduced a bill (H. R. 7085) providing for the erec- tion of sundry light-houses and fog-signals in Lakes Superior, Huron, 

Erie, and Michigan, and range-lights in Lake St. Clair and Detroit 

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

PENSIONERS NEGLECTING THEIR FAMILIES. 

:M:r. McKINNEY introduced a bill (H. R. 7086) to prevent pension- ers neglecting to support their families and squandering their pensions; 

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

Invalid Penswns, and ordered to be printed. 

LOUISIANA GEOLOGICAL SURVEY. 

Mr. NEWTON introduced a bill (H. R. 7087) for the continuation 

of the geological survey in the State of Louisiana; which was read a :first and second time, referred to the Committee on Appropriations, and 

ordered to be printed/ · 

PRIVATE LAND CLAIMS COMMIITEE. 

Ur. McCREARY submitted the following resolution; which was re- ferred to the Committee on Rules: 

Resolved, That the Committee on Printing have printed and bound such papers and documents, for the use of said committee, as i~ may find necessary, con- nected with subjects considered by said committee during t.be present Congress: Prov ided, The amount to be purchased by said committee shall not exceed the sum of $100. 

AMENDMENT OF REVISED STATUTES. 

M:r. BROWNE, of Indiana, introduced a bill (H. R. 7088) to amend 

paragraph 1 of Rection 4 21, chapter 2, of the Revised Statutes; which was read a :first and second time, referred to the Committee on Military 

Affairs, and ordered to be printed. 

N .A. VAL APPRENTICES. 

Mr. McADOO introduced a bill (H. R. 7089) providing for annually 

commissioning as ensigns in the Navy a cert.:<tin number of naval apprentices; which was read a first and second time, referred to t?-e Committee on Naval Affairs, and ordered to be printed. 

REGULATION .A.S TO PENSION CLAIMS. 

:M:r. MASON submitted the following resolution; which was read, and 

referred to the Committee on Invalid Pensions: 

Whereas it is cha rged that the Commissioner of Pensions has issued a circu- lar to pen ion cla imants, as follows: "The decla ration for * * * in the above-entitled claim was filed. Repeated calls from this bureau for evidence of '!< * * which is required to complete the claim, r emain unanswered. The claim can not be admitted as it now stands. If the claimant desires to file evidence to complete it, he should avail himself of the opportunity without further delay. The claim will be held open for that purpose for one hundred days from this date, at the end of which time should no further evidence be filed in compliance with the repeated calls made by this bureau, the claim will be adjudicated as it stands." And whereas the said circular-letter states, in substance, that unless the ad- ditional evidence requested is filed within one hundred days the said claim will be rejected: Therefore, · Be it resolved, Tha t the Committee on Invalid Pensions be directed to request of the honorable the Commi sioner of Pensions whether such circular-letter has been issued by him, and if so, to bow many claimants the same has been addressed; and further, wha t-, if any, pension elaims ha.ve been rejected by reason of the non-compliance with the request contained in such circular-letter. 

INCREASE OF PENSIONS. 

:M:r. SHERMAN introduced a bill (H. R, 7090) increasing the rate of 

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

DISTRIBUTION OF REBELLION RECORDS. 

M:r. GROSVENOR. I rise to a question of privilege. 

The SPEAKER. The gentleman will state it. 

1\fr. GROSVENOR. On the 20th of December last I introduced a 

resolution ofinquiry addressed to the Secretary of War, asking him to fur- nish certain information to the House in relation to any proposed change 

in the form and character of the publication known as tbe Rebellion 

Record. Such proceedings were had upon that resolution as that a.s 

early as about the 12th of January, within my personal knowledge, it 

reached the office of the Secretary of War. Up to this time, now a. whole month having elapsed, no response has been received and no an· 

swer given to the request. 
I· 

1888. CONGRESSIONAL RECORD-HOUSE. 1153 

I ought to say that the Committee on Military Affairs reported back 

the resolution, making certain unimportant changes in it, in which 

form it was unanimously adopted by the House. Now, sir, the questions which I propounded could not in the nature of things have taken 

at the hands of a fairly active.clerk, who bad any knowledge of the 

subject-matter of the resolution, more than a very brief time to have 

made a complete and perfect answer to the House. In the mean time, 

by a debate in the Senate, we are informed that the honorable Secretary of War ha.•;;refused to permit members of that body to have access 

to the list of persons to whom the Rebellion Record is being sent under 

the law passed in the Forty-seventh Congress. It appears, however, by 

that discussion that there are a number of volumes of the Record complete, as it is (with the exception perhaps of the five earlier numbers), 

yet undisposed of; and there is pending before. the Committee on Military .Affairs of this House, I assume, a joint resolution looking to the 

future distribution of the numbers of the Record already published, and 

also looking to the question of the republication of so many of the 

volumes as are out of print. And in this connection I may say that 

there comes to us a great demand for full sets of this public..1.tion. 

Now, sir, I have no knowledge of the reasons why the honorable 

Secretary of War bas disregarded the resolution of this House, and I 

rise not to make any statement of fact or allegation as to the spirit or· purpose of the Department in this, to my mind, unnec~ssary and 

unprecedented delay; but I rise to insist that this House of Representatives shall defend its own honor and protect its own character, by demanding of the Secretary of War that be respond to that resolution, 

and that he shall not treat a resolution of this body or its action as a 

meaningless thing-as something to be tl·eated with indifference-a 

matter to be regarded as of no public consequence, but to be considered 

by him, to be turned over and studied with all the possible reasons and 

effects of his response before he gives to the House the information 

which the House demanded. I regard it as his duty to make prompt 

and full answers at once to all such resolutions of inquiry. 

It is a very simple matter, 1\1r. Speaker. Here is the House of Representatives, the representatives of the people themselves, making tllis 

request; and I may be permitted to say tbatwhen tile honorable chairman of the Committee on Military .Affairs, after having made certain 

suggestions in regard to amendments, presented that resolution to the 

Honse, it was agreed to unanimously, there not being a voice in the 

House opposed to its adoption. It went to the honorable Secretary of 

War in that shape more than thirty days ago as a demand upon him 

from the popular branch of the Government, and there is no response. 

Now, Mr. Speaker, without any feeling in the matter, without any 

innuendoes, without any attempt or purpose to .draw conclusions from 

the action of the Secl'etary of War, I simply stand here to insist that 

it is due to this body, due to the respect we have for ourselves, that we 

will not. thus be trifled with, if we have been trifled with. There may 

be reasons that I do not understand; there may be circumstances of 

which I have no knowledge; but from the best information I can get 

I do not believe there is any reason, based upon the necessities sur- rounding this question, for this delay. 

The SPEAKER. What motion does the gentleman make? 

Mr. GROSVENOR. I offer for adoption the resolution I send to the 

desk. · 

The Clerk read as follows: 

Resolved, That the Secr.etary of War be requested to answer the questions con- tained in House resolution No. 54 at as early a day as is consistent with the 

condition of the business of his office. 

Mr. TOWNSHEND. Mr. Speaker-

:Mr. BLAND. Is that motion debatable? 

The SPEAKER. The gentleman from Illinois is recognized. 

Ur. TOWNSHEND. If the gentleman from Ohio bad made an inquiry at the War Department be would have found that the remarks 

he bas made tbis morning, and the resolution be offers, are entirely unnecessary and unc..1.lled for. The Secretary of War has been preparing 

his answer to the inquiry with as much diligence as be was able to give 

to it, and I am informed that the answer will come to his resolution in 

a very short time. 

It is useless to adopt a resolution which is nothing more than the resolution already adopted, and I beg the gentleman from Ohio to retain 

his soul in patience for a short time, and I now assure bim that be will 

receive full and explicit answers to those inquiries; and I can further 

say to him that I am warranted in saying to this House that the Secretary bas no dispo ition whatever either to delay au answer to those inquiries or to conceal any fact pertaining to them, but intends to give · 

full and explicit answers to all the inquiries made, and that that information will probably be before the House within a day or two. I move ro lay the resolution on the table. 

Mr. GROSVENOR. Before that motion is submitted--

Mr. TOWNSHEND. I withhold it for a moment, and yield to the 

gentleman from Ohio. 

Mr. GROSVENOR. I have no private channel of information from 

:,be Wnr Department, and it would have been highly improper and undignified in me to have called upon the honorable Secretary of 'Var to 

know why be did not d~scbarge his duty. 

Mr. TOWNSHEND. If the gentleman will allow me, I will say to 

XIX--73 

him that the War Department is a public office, and. the gentleman has 

the same access to it as any-person in this country, and I have no doubt 

be would have been politely and courteously treated if he had called 

there. 

Mr. GROSVENOR. I have been always so treated in the office of 

the Secretary of War. But I did not deem it proper when the resolution of this House had been addressed to the Seeretary of"War that 

I should make a personal application to him to know when he was going to proceed to answer it or why he delayed it. Now, on the statement of the gentleman from. I1linoi..<~, I am entirely content to let this 

matter lie on the table for a while. But I think my friend from illinois when he sees the answer will not complain of me that I did not 

possess my soul in quite the degree of patience that he thinks I ought 

to have done, for I think he will see that the answer to the resolution 

ought to have been communicated within twenty-four hours aft-er it 

was addressed to the Secretary. I therefore withdraw the resolution. 

CAPITOL ELECTRIC LIGHTS. 

1\Ir .. DIBBLE. I riseto make a privileged report. I am directed by 

the Committee on Public Building~ and Ground:s to report back with a. favorable recommendation the resolution which I send to the desk. 

The resolution which, on motion ofMr.BINGH.A.M, on January 16, was 

referred to the Committee on Public Buildings and Grounds, was read, 

as follows: 

Resolved, That the Architect of the Capitol be, and is hereby, direct~d to re- port to this body whether any electric lights or electric-light plants have been 

introduced or permitted to be introduced into the Capitol building since the last 

preceding session of Oongress; if so, by what authority and upon what terms and conditions. Also to submit for the consideration of Congress a. plan having in view the complete lighting of the building by electric light, together 

with an approximate estimate of the cost of the same, and such other details necessary to a proper consideration of the subject. 

The resolution was agreed to. 

Mr. DIBBLE moved to reconsider the vote by which the resolution 

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

the table. 

The latter motion was agreed to. 

ORDER OF BUSINESS. 

The SPEAKER. Under the rule of the House, this day, immediately after the call of States and Territories, is set apart for the consideration ofbusiness l'eported from the Committee on the District of 

Columbia. .ADVERTISING OF LOTTERY TICKETS." 

Mr. HEMIDIILL. I call up the bill (H. R 5933) to punish the advertising of lottery tickets in the District of Columbia, and for other 

purposes. 

The SPEAKER. The question is, Shall the bill pass? 

.A 1\fEl\fBER. Let it be reported. 

The_ bill was read, as follow a: 

Be it enacted, etc., That it shall not be lawful within the Distl·ict of Colmnbia. 

for any person to advertise or publish an advertisement of any lottery scheme, or any other scheme or game of chance, or for the sale of any lottery ticket or tickets, "or any interest therein, or the sale of any ticket or tickets in any other 

scheme or game of chance, or any interest therein, in any newspaper, circular, 

hand-bill, or poster, or in any other way. SEc. 2. That any person violating any provision of the foregoing section shall 

be prosecuted therefor in the police court ·or said District, and if found guilty shall be fined in any sum not exceeding 5500, or be imprisoned in the jail of 

said District for a period not exceeding six months, or both so fined and inlprisoned, in the discretion of the court. 

M:r. ROGERS . . I wQuld like to ask who is in charge of this bill. 

The SPEAKER. The gentleman from South Carolina [Mr. HEl\IPHILL], tbe"cbairman of the Committee on the District of Columbia. 

1\Ir. ROGERS. I would like to ask the gentleman from South Carolina who is in charge of this bill what construction be places upon 

the first section of the bill; in other words, I would like to know 

whether or not be construes the bill so as if a newspaper in the city of 

Charleston, S. C., should adYertise a lottery scheme, and its publisher 

should then mail the same paper to the gentleman from South Carolina, he being a subscriber 1or the paper, whether the publisher would 

be amenable to the penalties of this bill. 

Mr. HEMP.EULL. Who would be subject? 

Mr. ROGERS. The publi~ber of the newspaper. 

Mr. HE IPHILL. I do not tllink so. 

Mr. ROGERS. That was not the object of the committee? 

Mr. HEUPfiiLL. So far as I know it was not. I am not prepared 

to say what was the object of the bill except so far as it is expressed 

in the bill itself. 

1\Ir. IWGEHS. 'Mr. Speaker, I did not suppose when 1 read the 

bill--

Mr. HE riP HILL. I rise to a question of order. Who is entitled to 

the floor? 

Ur. ROGEHS. The gentleman from Arkansas. 

The SPEAKER. The gentleman from South Carolina was entitled 

to the floor, if he bad taken or claimed it, but be did not. The gentleman from .Arkansas rose and addressed the gentleman from South 

Carolina. The Chair will not take this out of the time of the gentle- man from South Carolina. 
· 1154 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 13, 

}t:rr. HEMPHILL. I do not wish to cut off reasonable debate. I 

ask the gentleman from .Arkansas how much time he desires. 

::Mr. ROGERS. M:r. Speaker, I was about to say that I did not suppose the gentleman from South Carolina would have his patience exhausted by any observa.tions that I e pect to make upon this bill. I 

expect to be very brief in what I haYe to say; and I do not propose 

myself to offer any factious opposition to the passage of the bill. · 

I simply desire at this time to emlJhasize my dissent as far as possible from any legislation of this character which involves the liberty of 

the press or the liberty of speech. I do not conceive that any gentleman can engage in a more importioW-t duty devolving upon him under 

the Constitution and laws of the land than that of undertaking to preserve not only the letter but the spirit of the Constitution. 

· The question which I put to the gentleman from South Carolina [Mr. HEMPHILL], whether or not under the provisions of the first section of 

this bill a newspaper which had published in the city of Charleston, S. C., a lottery advertisement and had been mailed by the publisher t{) a 

citizen of the District of Columbia would be subject to the pen..'llties of 

this bill, was answered by him in the negative, and I have supposed, 

Mr. Speaker, that the Committee on the District of Columbia would 

, not undertake to pass legislation for the punishment of people li ving throughout the length and breadth of this country. And yet, sir, 

I submit the question to the House whether or not the construction 

placed upon this bill by the gentlema.n from South Carolina [Mr. 

HEMPHILL], speaking for his committee as far as lie may speak in the 

way of construing a bill reported by it, is not an erroneous consti·uction. Personally I have not a shadow of a doubt but that the construction placed upon the bill by the gentleman from South Carolina [Mr. 

HEMPHILL] is erroneous., Let us look at this bill briefly and analytically. I will read the provision, so as to bring out more clearly the 

point I am undertaking to discuss. 

That it shall not be lawful within the District of Columbia. for any person to advertise, or publish an advertisement, of any lottery scheme, or any other 

scheme or. game of chance, or for the sale of any lottery ticket or ticket , or any interest therein, or the sale of any ticket or tickets in any other scheme or game of chance, or any interest therein, in any newspaper, circular, hand-bill, or poster, or in any other way. 

Let me be a little more analytical: 

That it shall not be lawful within the District of Columbia for any person to advert ise any lottery scheme in any newspaper, circular, hand-bill, poster, or in any other way. 

If, for instance, the Globe-Democrat, of St. Louis, or the Missouri 

Republican, or the New York Sun should advertise in its columns the 

existence of a lottery in Louisville, .or up in Delaware or Vermont, 

where these things are allowable, if they are organized under the constitutionandlawsofthoseStates, andshouldsend thenew~aperintothe 

District of Columbia, I should like to know whether the editor or publisher would not come directly within the provisions of the first section of this bill? · 

I do not see how by any process of logic or reason any mn.n can construe the bill in any other way than that the newspaper publishers of 

the entire country would be liable to be indicted and punished under 

the provisions of this act if they published lottery advertisments in 

their papera and then circulated those papers in the District of Columbia. True, the gentleman from South Carolina [Mr. HEMPHILL] 

states that that was not the purpose of the bill. If that is not the purpose of the bill, it should be so changed as to read somewhat after this 

manner: that it shall not be lawful within the DistrictofColumbiafor 

any person to advertise or publish an advertisment of any lottery 

scheme in any newspaper published in the District of Columbia. If 

that change were made, then the power which the Committee on the 

District of Columbia proposes shall be exercised in regard to legislation within the District would be properly exercised; but when it is 

extended beyond the District of Columbia, I maintain that it is improperly exercised. But, .Mr. Speaker, there is another question involved and lying underneath the question that I have been discussing. Mr. BROWNE, of Indiana. I wish the gentleman would indulge 

me in a question before he leaves tha.t point. 

Mr. ROGERS. I will. 

Mr. BROWNE, of Indiana. The object of the bill is evidently to prevent the publication of lottery advertisements in the Di~trict of Columbia. I have always understood the lav~ to be that the publication is 

where the matter is made known. It does not depend simply upon 

where a paper m::i.y be printed; the newspaper is published where it is 

circulated. Now, if the offense is to be located simply in the territory 

within which the printing is done, does not the gentleman see that the 

law would be nugatory? 

1\Ir. ROGERS. I think so. 

1\lr. BROWNE, of Indiana. All a man would have to do would be 

to cross the Potomac Ri>er and establish his newspaper in Virginia and 

fl.ood the District of Columbia with lottery advertisements. I wantto 

say to the gentleman that I under tund this bill to prohibit the circulation of lottery advertisements in the District of Columbia, even though the newspapers may be published in South Carolina. or in Arkansas, and I think it ought to. 

l!Ir. MILLIKEN. Will the gentleman from Arkansas permit me to 

ask him a question? ' 

Mr. ROGERS. Let me take one gentleman at a time. 

M:r. 1\ULLlKEN. Just a single question. 

1\Ir. ROGERS. Very well. 

Mr. MILLIKEN. ·If the gentleman's amendment should prevail, 

would it not be an unjust discrimination against the newspapers pub- lished in Washington? · ' 

Mr. ROGERS. I think so. Mr. Speaker, I agree with the gentleman from Indi..1.no. [Ur. BROWNE] in the construction which he places 

upon the bill. I agree that the provisions of the bill apply to every 

paper published in the United States with the same force and effect 

that it applies to papers published in the District of Columbia, provided circulation of the papers published eloewherd extends to the District of Columbia. To that extent we agree, and I am supported by the 

gentleman from Indiana in the view which I take of the provisions of 

this bill, as against the view taken by the chairman of the Committee· 

on the District of Columbia. At this stage of the discussion, before going to the other point which I have in mind, I want to emphasize 

one thing. Ye:u by year from the foundation of the Government down 

to the present holll', the public sentiment of all the States of the American Union has set its face against lotteries. In thirty-five out of thirtyeight States of~he Union these institutions, either by constitutional provision or by statutes passed in accordance with the constitutions of the 

States, have been discountenanced and inhibited. Thus, that great 

conservative and moral power, infinitely stronger than statutory law, 

has set its condemnation everywhere tluoughout this country, with 

the exception of three States, upon this bu iness, as it has upon very 

many other customs and practices which obtained in the earlier history 

of the Republic. Instead, therefore, of this fact being an argument for 

the passage of legislation of this description, it is an argument against 

such legislation by Congress wherever and whenever it tends in its purposes or effects to interfere with the liberty of the press or the liberty 

ofspeech. • 

For one hundred years this republic has managed to move forward in 

strength and greatness, physical and moral, without any legislation at 

all involving a restriction upon this great power for the development 

of the countTy and the afety of the liberties of the people, the press 

of the country. But under the guidance of an influence that one can 

scarcely locate, individuals who, having no sins of their own, are most 

deeply concerned about the sins of other people, are willing to override 

the letter and spirit of the Constitution and to invade the liberty or 

speech and of the press, when the very thing which they ai:e seeking to 

reach is being crushed to the earth by public sentiment throughout the 

whole land. 

I now turn to the point which I particularly wished to discuss in this 

connection. I submit that not only in the District of Columbia and 

in the Territories but in the St..'ltes of t.his Union every power lodged 

iu the Federal Government by virtue of the Constitution must be exercised so as in no way to interfere with, disturb, or overturn the 

other powers conferred by that instrument. 

Judge Story-and certainly Democrats do not care to go any farther 

than this disciple of Alexander Hamilton has gone-Judge Story announces this principle in section 1508 of the second volume of his Commentaries upon the Constitution. In discussing the treaty-!Daking 

power the q nesLion arose whether it could override other provisions of the 

Constitution equally important and of equal validity. I will read that 

section in order that gentlemen may consider whether, at this late day, 

when the moral sentiment of the co_untry is gradually crushing out in 

every State of this Union these demoralizing and debauching practices, 

they are willing to embark upon legislation which is to invade the liberty of speech and liberty of the press. 

The power to make treaties is by the Constitution genera.l; and, of course, it embraces all sorts of treaties-for peace or war, for commerce or territory, for 

alliance or succor, for indemnity, for injuries or payment of debts,· for the rec- ognition and enforcement of principles of public la.w, and for any other purpose which the policy or interest of the independent sovereigns may dictate in their 

intercourse with each other. 

That is the view which Judge Story expresses in regard to the treatymaking power. He proceeds: 

Though the power is general and unre tricted, it is not to be so construed as to de troy the fundamental laws of the t.'\te. A power given by the Constitution can not be construed to authorize :1. destruction of other powers given in the same iustJ:ument. It must- be couslrued, therefore, in subordination to it, 

and cun uot supersede or interfere with any other of its fundamental powers. 

We are here, then, acting under a provision of the Constitution which 

gives us so>ereign power in our legislation over the District of Columbia; 

and I concede that we may pass such police regulations for the government of this District as the State Legislatures of this Union may law· 

fully pass for their respective commonwealths. But I hold that we, 

in the exercise of our power here over the Di trict of Columbia, and the 

Legislaturesof thesevcralState , in the exercise of such powers as are 

reserved to them by this Constitution, areal ways bound by the principle 

declared by Judge Story; in other words, any constitutional power must, 

in its exercise, be construed insubordination to any other constitutional 

power which may exist, and can not supersede or interfere with any 

otller fundamental provisions of the instrument. 

·Touching legislation of this description there is a decision of the Supreme Court of the United States which has been quoted as authority 

bybothsides. !maintain, Mr. Spea.ker, thatsofarasExparteJackson, 

/ 
• 

1888. CONGRESSIONAL RECORD--HOUSE. 1155 

96U. £ . .Reperts, touches this question~ itisindirectsupportoftheproposition I ha\e already.read from Judge Story; and to this decision of the 

Supreme Court I for one moment invite the attention of the Honse. 

It will be remembered that this decision does not necessarily cover the 

precise point presented here, and so fur as it seems to bear upon it, the 

language of the court is in the nature of a dictum, being incidental 

purely to the question which was presented to the court for decision. 

Nevertheless, I refer to this decision in order to show, so far as the opinion may do, what were the views of the Supreme Court 41. considering 

this general question. The question presented was as to the power of 

the Postmaster-General or his subordinates to seize in the mails, without writ or warrant, certain matter the mailing of which had been in- · 

hibited by previous statute. 

Mr. HERBERT. From what ease does the gentleman propose to 

read? 

Mr. ROGERS. Ex parte Jackson, 96 U.S. Reports. 

The difficulty attending the subject a-rises not from the want of power in Congress to presct·ibe regulations as to what shall constitute mail matter, but from 

the necessity of enforcing them consistently with rights reserved to the peopt~ 

of far greater importance than the transportation of the mails. 

Observe this remarkable language of the Supreme Court. What Department of this Government has duties rising in importance above 

the functions performed by the Post-Office Department? Yet we are 

told by the Supreme Court tha.t there are other rights of far higher 

importance than the transportation of the mails. 

In their enforcement a distinction is made between different kinds of mail 

matter-between what is intended to. be kept free from inspection, such as let- ters and sealed packages subject to let.te1· postage, and what is open to inspeo- tion, such as newspapers, magazines, pamphlets, and other printed matter, pur- posely left; in condition to be examined. Letters and sealed packages of this 

kin\! in the mail are as fully guar-ded from examina-tion and inspection, except as to their outward form and weight, as if retained by the parties forwarding tb_em in their o'vn domiciles . 

.And why? Because, say the com-t-- , The constitutional guaranty of the righ~ of the people to be secure in their 

papers against unreasonable searches and seizures extends to their papers, thus 

closed against inspection, wherever they may be. 

Thus the Supreme Court hold in i.his decision that t.be power which 

is to be exercised in that provision of the Constitution which confers 

on Congress the power to create post-offices and post-roads has to be exercised as subordinate to and in harmony with the great principle which 

protects the mail matter of a citizen from unreasonable search and 

seizure. 

Whilst in the m<:~.il they can only be opened and examined under like war- x-ant, issued upon similar oath or affirmation, particularly describing the thing 

·principle which tells us Congress shall make no law in respect to the 

establishment of religion or prohibiting the free exercise thereof, or 

abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress 

of grievances. · 

Suppose the Congress of the United States, under the constitutional 

power to make laws for the District of Columbia,, should undertake to 

pass a law providing that no newspaper shall be published in the District of Columbia which advocates the Presbyterian Church as the only 

true church, andhenceshonldbe theestablishedchurchofthe country. 

I want to h.'"llow if a provision of that kind would not be in violation 

of the first amendment of the Constitution, which prohibits Congress 

from making any law respecting the .establishment of a religion. 

So I maintain not only Judge Story in his Commentaries, but tbe 

Suprem-e Court of the United States, in so far as it has tom hed this 

subject in the case of Ex parte Jackson, both support the position that I 

have taken, that this bill is an infringement of the liberty of the press. 

Now, Mr. Speaker, let no gentleman upon this floor flatter himself 

with the idea that he may dodge this provision of the Constitution; and 

I want to say here, and once for all, that every body may understand my 

vi-ews in regard to this subject, that I am willing to go just as far as any 

man is willing to go, without violating the previsions of the Constitution, in the suppression of e\ery species of gambling known to the law. 

The State which I ha\re the honor in part to represent upon this floor 

has, by the seal of its constitution, condemned this business within the 

limits of that State; and the LegisL'lture of the Sta.te has follo~ed that 

provision up by suitable legislation adapted to it. •so that it will be 

understood once for all that my stand here is in defense of that Constitution which I have taken an oath not only to support but to defend. We are not called upon simply by the terms of our oaths to uphold the Constitution. We are required by the terms of that obligation 

to defend the provisions Df th.e Constitution and to repel every assault 

which maybe made upon it from any source and moved bywhatsoe>er 

spirit that may animate it. It is upon that provision that I stand. It 

is in conformity with the ob~011tions of that oath that I stand to-day, 

and shall ever stand whil.e I have the honor to represent a district of 

this Government. 

But, Air. Speaker, I proceed now to the next step. I say, and I repeat. that gentlemen will not be able to dodge thi.s provision of the Constitution. Why? Becaus~ the Supreme Court in this very same ell&\ 

Ex pm·te Jackson., in discussing the question in the elaborate manner in 

which it is discussed, make use of this language: 

to be seized, as is required when papers are subjected toO search in one's own Nor can any regulations be enforced against the transportation of printed household. matter in the mails, whicll is open to examination, so as to interfere in any man- Air. BLOUNT. Tbe gentleman is reading from a decision in regard ner with the freedom of the pressto sealed instruments. Does he not regard that as obiter dictum as well I repeata."! anything in relation to newspapers with lottery advertisements in So as to interfere in any manner with the freedom of the press. 

them? I put the query now to any gentleman here if, in the exercise of that 

1\Ir. ROGERS. If my friend from Georgia had paid attention to the power conferred by the Constitution for the estab-lishment of post-offi-ces 

remarks I ha-ve been making he would have learned two things: first, and post-roads, and upon which has been built up our wonderons and 

I utterly disclaimed that that question was now before the House here; magnificent postal system-if in the exercise of that power no leg islaand, second, I was not reading the opinion to establish any such fact, tion can take place that is to interfere with the freedom of the press, 

but I was reading the opinion to show that wherever you undertake to why will you go, under another provision of the Constitution, which 

exercise any power lodged in the Constitution, it must be exe1·cised in confers legislative power u.pon the District of Columbia, and in the exconformity with and so as not to overturn or destroy any other power crcise of that power undertake to interfere with the liberty or the circu- . equally great and equally important and lodged in the same instrument. lation of the press? 

No legal argument made, or authority, can be of any service to any What power is found in that provision of the Constitution that gives 

gentleman who is not willing, or has not the time, or does not take us legislative authority over tb.e District of Columbia tha.t is more sovtbe trouble to listen to the .entire argument. ereign than the power which is con-veyed to the Government under the Mr. BLOUNT. I always· listen with pleasure to the remarks of the post-office and post-roads elause of the Constitution? Each ande\ery 

intelligent gentleman from Arkansas, as we always learn something provision is equally sovereign, and they must be exercised one so as 

from him. to be coruistent with the other; and when they are inconsistent you 

]l)!r. ROGERS. I find no fault with the gentleman from Georgia, but may be sure that there is a clash of powers.under the Constitution beneither time nor physical strength will permit me to go back over the cause of an encroachment either under the one clause or the other. 

argument I have made in order to elucidate the point he now asks in- But the Supreme Court continue and say: 

formation upon. I acknowledge, of course, the graceful compliment Liberty of circulation is as essential to that freedom as liberty of publication. the gentleman pays me. . Indeed, without the circulation the publication would be of · :Ueval.ue. 

I proceed, and the House will bear in mind I am undertaking to Mr. Speaker, this question, like many others, bas been before Congress 

demonstrate,andonlytodemonstrate,thatwhateverpowerwema.yun- for some years. I k nowthat manygentlemen have made up their 

dertake to llxercise under the Constitution must be exercised in sub- minds as to how they will vote upon the question. I do not expect to 

ordination to, and not so as to overturn other provisions of the organic be able to overturn their views or alter their conclusions. If these 

.Jaw. The Supreme Court say: commentaries upon the Constitution and this decision of the Supreme 

No law of Congress can place in the hands of officials connected with the Court do not convince this House upon the question, tb.en Moses and the postal service any authority to invade the secrecy of letters and such sealed prophets would not succeed in eonvincin2: them. But I aek the Dem- packages in the mail; and all regulations adopted as to mail matter of this kind ~ 

must be in subordination to the great principle embodied in the fourth amend- ocratic side of this Chamber that they do not wipe out that middle aisle. ment of the Constitution. I ask them never to go beyond, in the comtruction of the Constitution, 

Let us see what that fourth amendment to the Constitution is. It is the limits fixed by the commentaries of that great disciple of .Alexander 

as follows: ' Hamilton, Judge SMry, as he lays i t down. I ask them not to go be- The right of the people to be secure in their persons, houses, and effects, yond the expression of opinion as set down in this decision of the Su- ngainst unreasonable searches and seizures, shall not be violated, and no war- C t f th U •t d St t t h' h I h ~ d · th rants shall issue, but upon probable cause, supported by oath or affirmation, a-nd preme our o e nl e a es o w lC ave re,erre m e case particularly describing the place to be searched., and the persons or things to be of Ex pa1"te Jackson. But if they are determined to do it, I ask them 

seized. . not to do it upon some question where no great principle is involved at 

And if this great power which is lodged in the Federal Constitution all commensurate with the remedy you seek to apply. 

of e tablishing post-offices and post-roads is to be exercised in subordi- - Wait until some great impending public calamity shall rise up and 

nation to the fourth amendment of the Constitution, pray tell me, if l demand the timbers of the Constitution to be strained to save the conn- you can, why it is not to be exercised in subordination to this other j try .and its liberties; but do not in this faulty, useless, unnecessary way 
1156 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 13, 

put upon the statute-books legislation violating its whole spirit, as con- strued by the ablest commentators, and as I have shown by this decision ofthe highest court Of the !arid, but leave the subject to the religious and the moral teachings of the people for the accomplishment of 

the results wl1icb you seek, and without disturbing the landmarks beyond which our ancestry thought it unwise to go.- I reserve the residue of my time. ' 

The SPEAKER pro tempm·e. The gentleman has twenty minutes of 

hls time remaining. 

Mr. HEMPHILL. The object of the District Committee is to get 

through as much legislation to-day as possible; therefore, while I have 

listened with interest to the remarks of the gentleman f1·om Arkansas, 

I regret that the time of the House bas been consumed in this discussion. 

According to the position taken by the gentleman from Arkansas, 

whenever the people of this country reach a certain point of morality 

and are going on to make themselves better, the best thing the lawmakers can do is not to embody their sentiment in law to be enforced 

against the bad people, but to leavepnblicsentiment to do the best it can. The gentleman says that because thirty-five States of the Union have 

passed laws prohibiting the sale and advertisement of lottery tickets, 

therefore the best thing to do for those who have charge of the District 

of Columbia is to let it take care of itself and go to the bad if it wants to, 

instead of embodying that sentiment in a law for the benefit of the District. 

This is the first time, I suppose, that · it has ever been proclaimed 

upon the floor of this House that the best sentiment of the people of the 

country is not to be put into a law for fear it may aid them in working out what they are trying to accomplish. 

The next point the gentleman makes is that he fears this law will 

infringe on the constitutional rights in the newspapers of this country 

to publish these things. I do not think it is likely there will be agreement among the lawyers of this House upon that point. We know the 

legal profession largely predominates in this House; and the chances are that every lawyer has his own opinion about this as about all other 

laws, and that he will not agree with anybody else as to its constru-ction. . But I will state that this bill has been thoroughly argued before the 

District Committee-by two of the most eminent firms in this District; men whose legal talents give them a practice and a compensation which are not equaled by many of the profession in the United States. They 

have acknow !edged before the committee that there is no constitutional 

question involved in the subject one way or the other. Both of the 

lawyers representing those distinguished firms stated in the beginning 

of their argument that there was no question about the power of Congress to pass this law, and that is the argument which I give in answer to my friend from Arkansas. 

There are several gentlemen who desire to be heard upon this question, and I shall not myself occupy more of the time of the House at 

present. · 

Mr. BLAND. Will the gentleman frolll... South Carolina permit me a question? 

Mr. HEMPHILL. Certainly. 

Mr. BLAND. I see no provision here allowing appeal. · Is there 

any general statute covering that subject? This seems to be a new offense created by this act to be tried in the police court, and there is no provision for an appeal to a higher court. · Mr. HEUPHILL. There is a law alre.'ldy in the District allowing 

appeals from the police court to the supreme court of the District of 

Columbia, sq_that a provision for an appeal in_ this bill would be unnecessa-ry. 

Mr. BLAND. You think that the general statute would cover that? 

Mr. HEMPHILL. I think it would. 

Mr. CRAIN. May I ask the gentleman from South Carolina a question-? 

Mr. HEMPHILL. Yes, sir. 

Mr. CRAIN. Is not the practical effect of this bill, if it becomes a law, to prevent the circulation in the District of Columbia of newspapers 

published elsewhere that have lottery advertisements in them? 

1\fr. HEMPHILL. The gentleman from Arkansas [Mr. ROGERS] 

.takes that view. Other lawyers, with as much ability, have argued on the other side and have claimed that the bill is a great injustice to the 

newspapers of the District of Columbia, because it will not apply to the 

newspapers published outside of the District. 

1\fr. CRAIN. I speak with reference to the provision of the bill: 

'l'hat it shall not be lawful within the District of Columbia for any person to nd vertise or publish an advertisement of any lottery scheme, or any other scheme or game of chance, or for the sale of any lottery ticket or tickets, or any interest 

therein, or the sale of any ticket or tickets in any other scheme or game of 

chance, or any interest therein, in any newspaper, circular, hand-bill, or poster, or in any other way. 

That seems to apply whether the newspaper is published here in the 

first instance or is printed elsewhere and sent here for sale. 

Ur. HEMPHILL. I say that is a question about. which lawyers differ. · 

Mr. CRAIN. I want your opinion. 

Mr. HEMPHILL. I do not know that my opinion is worth much 

more than that of many other people; but my opinion is that it applies 

to newspapers published in the District, and I do not think it applies 

to papers published outside of the District. 

I yield ten minutes to the gentleman from Tennessee [1\fr. GLASS]. 

Mr. GLASS. I will leave the discussion of the constitutional question involved in this bill to others, and address my remarks to a different phase of the bill. 

Mr. Speaker, happily for our country, its manhood a.nd womanhood, 

the vicious system of lotteries is rapidly passing away. The sentiment 

by which such institutions were sustained in almost every State in the 

Union is broken down, and they only maintain a precarious existence 

at this time in two or three States. Many of the best people of the 

land have, at times, justified or tolerated them on the plea of replenishing depleted treasuries of States; but they have more frequently 

masqueraded as benevolent institutions, designed to dispense noble 

charities to the deserving needy. And in the latter disguise they have 

endeavored to maintain a decent show of respectability in the pres- ence of a Christian civilization, and yet are a blot upon our moral and 

political sun. Their stronghold is on our South~rn border, beneath 

sunny skies, similar to those under which it had its birth. These institutions had their origin in Italy during the expiring days of the dark 

ages, a period fruitful in invention, discovery, and the dawn of letters; 

spreading thence across the continent and again to Great Britain, whence onr Anglo-Saxon ancestors handed them down to us. In our early history many good men and wise statesmen advocated 

the system; but State after State has legislated it out of existence, some putting an inhibition in the organic law, and others by legislative enactment. Extreme measures in some cases have been resorted to in order 

to entirely suppress it; and will Representatives on this floor be behind 

thoseofthe States in wiping out this dark spot upon the body politic? 

Exclusive jurisdiction over the subject-matter of this bill attaches to Congress; and as Congress can not invade the sovereignty of the few States 

where these institutions still exist, ·it should at least exercise all of its 

constitutional powers to exclude advertisements of their schemes from 

the District of Columbia, and protect the people hereof from the vicious 

and corrupting influences of the system. 

I know it will be in..qjsted that the provisions of the bill will be an 

abridgment of the" freedom of the press;" but, Mr. Speaker, it will not 

abridge any "freedom of the press" to do right or to publish whatever 

may promote the good of mankind. It is not designed to take away 

any proper or legitimate right of the press, but only to 1·estrain and prohibit all license to perpetrate a wrong by enticing the..yonng and unsuspecting into habits that will lead them into ruin, as has heretofore 

been done in many instances. Some of the blackest deeds in the catalogue of crimes have been committed under the plea of liberty. On 

the way to the guillotine Madame Roland, exclaimed, ~' 0, Liberty! 

Liberty! what crimes are committed in thy name." 

The evils of lotteries fall heaviest upon the young-the laboring men and women, and the departmental clerks of both sexes in this District. 

The purchase of lottery tickets with many becomes a passion, as does 

other sp~cies of gambling, and destroys the love of habits of thrift and 

industry. The hope of acquiring sudden fortune destroys the tastefo1· 

regular occupation, and inevitable ruin, moral and financial, often 

overtakes sue~ individual. Many otherwise fa.ithful employes and 

officials who have lost their places, and not infrequently their character, have been able to trace the cause to the corrupting influence of 

lottery advertisements that had fal1en into their hands. These poi- sonous missives spare no persons or places. They invade the workshop, 

the house~old, the school-room, and even the temple of God, but their 

baneful effects fall chiefly upon those who are compelled to struggle 

for a livelihood. · I have been informed that many of the Government employes residingin this city are frequent patrons of such wicked schemes and spend 

much of their salary in this way; hence this city js a favorite place for 

their advertisements. You can scarcely examine a daiJy in this city 

but you will see them conspicuously displayed. If we can not destroy 

the anaconda, let us at least exert our constitutional authority to prevent it twining its shiny coils around the people of this District. Then, 

by excluding such advertisements from the mails and refusing to pay 

postal-orders to persons or firms known to be engaged in this business, 

their power for evil may be circumscribed within the States of their 

existence. Their power .for evil is very great; they retain numerone 

and able counsel, and a generous patronage of the public press does not 

fail to bring apologists, if not defenders. They have their henchmen 

all over the land, who are ever ready to assail with criticism whoever on this floor may dare to essay the protection of the people from their 

insidious wiles and snares. 

Let this bill pass and we shall have made a beginning by which 

this moral, political, and financial curse can ultimately be extirpated 

from the land. I say political, because it has become a potent politicalii:lCtOl· in at least one State, and aims a blow at whoever may attempt 

its overthrow. · The evils of the lottery system had become so great in Great Britain 

in 1819 that the attention of Parliament was called to it, and in 1823 

Parliament entirely prohibited lotteries and made it illegal to sell the 

tickets of any foreign projects of this character. "Between the years 
. 

1888. CONGRESSIONAL-RECORD-HOUSE. , 1157 

1816 and 1828 the French Government deri Yed from lotteries an annual 

income of 14,000,000 francs. A few years ago the government suppressed them, and in January of the next year 525,000 francs more were 1ound to be in the savings-banks of Paris alone than in the same month 

of the preceding year'' -showing conclusively the good effects of their 

aholition on the poorer classes. 

The enlightened moral sentiment of the country demands the passage 

of such a bill, and I hope it will pass. 

Mr. HEMPHILL. I yield now to the gentleman from Maryland 

[Mr. COMPTON]. 

1\Ir. COMPTON. 1tfr. Speaker, a few days ago, when I moved to poslpone the further consideration of this bill until to-day, I said distinctly 

to my friend from Indiana [:Mr. BROWNE] and to the House that I did 

not propose to throw any obstacle in the way of its passage other than 

possibly to give briefly my views of the provisions of the bill and to 

state the course which I intend to pursue with reference to it. I desire 

in the outset of my rema1·ks to say this: I am not here, sir, as the champion of lottery schemes or gambling in any form or shape. 

I do not profess to be very much better than a great many men with 

whom I associate. At the same time, Mr. Speaker, I claim for myself 

to be exempt absolutely from any affiliation or association with any lottery or other gambling concern. But, while this is true, sir, I desire to 

say another thing, in order that my position may be clearly and distinctly understood, not only by this House, but by those I represent upon 

this floor. I am one of those who do not believe that purity in man- kind, that morality in communities, can be enforced or that men's souls can be sent to heaven by compulsory legislation. While I recognize 

the fact and believe as religiously as any man on this :floor that all the 

moral agencies invoked to better the moral condition oCsociety in the 

way of associations for the moral improvement of mankind are right 

and, in so far as they go, good in their kind, I do not believe that the, men of this country will be regenerated by those influences alone. 

I believe, sir, that the best foundation, and the only one upon which 

society and good governme11t can safely rest, is a community whose_ moral tone and moral impressions are received and formed by the fireside from the lips of a Christian mother and by virtue of the example 

of an honest, honorable, conscientious father. I believe that the elements of Christian truth which are revealed through the religious channels by which they are conveyed to us are, after all, the true foundation stones upon which alone society and good government can rest. 

Mr. FUNSTON . .._ Will the gentleman permit me to ask him a question? 

l\{r. COMPTON. Yes, sir. 

Mr. FUNSTON. What can a Christian mother or a Christian father 

do with her or his children iu respect to such matters so long as these 

<lens are left open and permitted by the ln.ws of the land? 

Mr. -COMPTON. Teach their children, sir, that these things are 

against the revealed word of truth as it comes to us from the lips of 

Him who knew no sin. Teach them by precept and by example that 

these things are wrong in practice, and that they lead to perdition and .destruction. - Now, Mr. Speaker, while I hold these views, I protest here to-day 

that the moral aspect of. this question is not the one w bich most con- cerns you and me as Representatives· upon this floor. Sir, there are 

other questions involved here broa-der and deeper, affecting us as legislators, and which, in my humble opinion: should control our judgments 

in casting our votes upon this bill. I am not going to get myself between the two fires of legal artillery which are playing here. Not being 

myself a lawyer, I know that if I did I would be ground to powder. I 

leave the constitutional question involved to the double-barreled con- stitutional argument fired by the gentleman from Arkansas [Mr. RoGERS] which struck the two bills, the one which has come from the PostOffice Committee and the one which has come from the Committee on the District of Columbia, in their vital parts at one and the same fire. 

But, .Mr. Speaker, are there no such things as rights? Is there no 

such thing as justice to the papers published in the District of Columbia? Where is the 1·ight, where is the justice of prohibiting the publication of t.hese lottery advertisements in the newspapers of the District of Columbia, when you open the doors through the mails for the 

introduction of papers cont3.ining such advertisements from my friend's -state, or from my State, or from any other State? 

Mr. CANNON. Will the gentleman permit a question right there? 

Mr. C0~1PTON. CertK'l.inly. • 

Mr. CANNON. As I read the bill it does not allow what the gentle- man says it does. If it does allow it, then I agree with him that it is 

wrong. 

Mr. COMPTON. I agree with the gentleman from lllinois [Mr. 

CA.., KON] that the bill does not undertake to prevent the circulation 

within the District of Columbia of papers published outside the Dis- trict and containing these advertisements; and now, to him, as a lawyer, 

1 puttbisquestion: Does he believe foronemomentthatthatlawwould 

stand longer than it would take an intelligent court to destroy it? 

1\Ir. CANNON. I have not a doubt of it at all. I have no doubt 

that the publication of lottery advertisements in the District of Columbia can be prohibited by legislation by Congress, just as it is prohibited in illinois by the State Legislature, and bas been for thirty years. 

Mr. COMPTON. Let us examine this question a little further. The 

gentleman says be believes the power resides in Congress to prohibit 

the advertisement in the District of Columbia of lottery schemes. I 

know that this nower is exercised in the several States; but let me ask 

the gentleman a question pertinent to the matter we are now considering. What is the IJouisiana lottery? It is an institution authorized, organized, and created by the organic law of a sovereign State of 

this Union. It is a legal institution in so far as the State of Louisiana can make it so, as completely as any institution chartered by any State 

in this broad land. Now, my friend fwm lllinois knows that in so tar as we can exercise this power in reference to the Louisiana lottery we can equally exercise it with reference to any banking institution chartered in the State of Louisiana or elsewhere. Now, I wish to ask my 

friend this question: If we can say to this lottery company, a chartered institution, bearing the stamp and impress of the authority of a State law-nay, of the constitution of one of the States of this Union- ,, Your advertisement shall not be published in any newspaper issued 

in the District of Columbia,'' why can we not say to some banking cor- poration authorized in the State of Louisiana, or, if you choose, in the 

District of Columbia, "You shall not receive the moneys of this 1ottery company as deposits in your vaults?" 

Mr. CANNON. I believe that in the exercise of the police powerCongress or the State Legislatures, in t.heir respective jurisdictions, can unquestionably, in accordance with the judicial decisions, pass legislation of this character. Such legislation has been passed by various 

States, and bas been sustaineci, I believe, by the comts from every 

standpoint. The gentleman says, " If this can be done, where will you 

draw the line?" 

.Mr. COMPTON. That is the ques~ion. · 111r. CANNON. We cqn pass this legislation now; and when it is 

necessary to "draw the line," I will then answer the gentleman's inquiry. Legislation of this character is an unquestionable exercise of 

the police power. 

:Mr. COMPTON. Where does the gentleman's own State draw the 

line-against newspapers published outside? 

Mr. CANNON. ''Against papers published outside!" Why, it prohibits the publication of any advertisement of any lottery under severe 

penalties . . Ur. COMPTON. Ry any Illinois paper? 

Mr. CANNON. B.v any paper. 

l\'fr. COMPTON. Does the legislation apply to papers published outside of the State? 

Mr. CANNON. It does not make any difference where the paper is 

printed; the law applies to the publication or circulation. 

Mr. HEMPHILL. I will now yield to the gentleman from Indiana 

[.Mr. BROWNE]. How much time does be desire? 

Mr. HOGG. Before the gentleman from Indiana proceeds I wish to 

put a question t{) the gentleman from South Carolina [Mr. HEMPHILL]. 

Would not any person selling in the District of Columbia papers published outside the District, and containing lottery advertisements, be 

amenable to the punishment con~mplated by this bill? 

Mr. HEMPHILL. As I have stated several times, that is a mat.ter 

about which lawyers differ. The whole argument before the committee was upon the assumption that the bill was not to be so construed. Lawyers were paid by their respective clients-one by the Louisiana lottery, and the other by the newspapers of this District-to state all rea- sonable obje.ctions to the bill; and that was not one of them. 

Mr. Cl~AIN. If that is not the construction of the bill it makes an 

unjust discrimination. 

.Mr. HEMPHILL. That is a matter for every man to decide according to his own judgment. I yield ten minutes to the gentleman from 

Indiana [.Mr. BROWNE]. 

:Mr. BROWNE, of Indiana. Mr. Speaker, if I am correct in my interpretation of this bill, it will operate as a prohibition of lottery ad ver- tisements within the District of Columbia; and it will be a matter of no 

consequence where the advertisement or notice may have been originally printed. It is as much a publication to distribute within this 

District the papers of Maryland, Virginia, 01; New York, as if the type 

from w bicb those papers were printed had been originally set up within 

the District. And while I assume that this bill does thus prohibit the 

publication of these advertisements, I want it distinctly understood 

that, adopting this interpretation, I indorse the measure fully and without reserve. The law would be absolutely nugatory if it did not so provide. All that would be necessary in order to evade it would be to 

have your advertisement inserled in a paper published in Baltimore, 

Alexandria, or some convenient point in the State of Pennsyhania, and 

having tbns been printed it might be thrown broadcast in the District 

of Columbia; and in that way the evil which Congress proposes io rem- edy would go unchecked. I want gentlemen who differ with us in 

this matter to understand that the object of the bill is to prohibit the 

making public by print of lottery advertisements in the District of 

Columbia. And this brings me to a consideration of the question which 

gentlemen have seen proper to discuss in this connection. 

I must confess my astonishment at some of the positions which gentlemen have taken here. I listened to the very learned and very eloquent argument of the distinguished gentleman from Arkansas (M.r. 
1158 CONGRESSIONAL RECORD-HOUSE .. FEBRUARY 13, 

R OGERS], in whichpedemonstrated tomymindquite conclnsivelythat 

neither Congress nor the States can by legislation trencliupon the constitutional liberty of the press. But are there no limits to the exer- cise of that liberty? In the Constitution is enshrined the liberty of 

speech, but does that protect every tongue in every conceivable utterance? There is in the rnme provision of the Constitution an assertion 

of the liberty of petition. Does thn.t mean that the Congress of the 

United States is bound to receive every petition of whatever character 

which may be sent to this body? Suppose it is indecent in language; 

suppose it asks something that is obnoxious to the moral sense. Uay we not, without violating the Constitution, exclude such a petition 

from our petition-box and all reference to it from our Journals? Does 

the gentleman intend to say that because in general terms the Consti- tution provides that the liberty of the press shall be preserved, therefore the press may publish whatever it pleases? Oh, I know gentlemen do not intend to be so understood. 1\Ir. COMPTON. Allow me--

M.r. BROWNE, of Indiana. One moment. I was listening anxiously 

to hear the gentleman from Arkansas define to the lawyers and other 

gentlemen of this body in what consists the liberty of the press. He 

would perhaps have been required to have gone back through the 

years of the English-speaking race to find the ori~in of that iden. in 

the Constitution of the United States-back to that day when kings 

assumed a censorship of the press and the right to determine in advance 

the manner in which the press should give utterance to public opinion 

on somesnbjectconcerning the administration of the government. Did 

it e•er extend to advertisements, and was that the character of literature the liberty of the press was intended to protect? Will the gentleman answer? I undert::~ke to say its purpose was to secure the fullest 

liberty of the decent expression of opinion o~ any subject which might concern the public; and I would be as far from restraining that liberty 

of the press as either of the distinguished gentlemen who have spoken 

in advocacy of the freedom of the press to advertise lotteries.· Let me answer the question at once. Gentlemen on the other side 

conceue not only the policy, but the propriety, of prohibiting this gambling in the District of Columbia. They say it is within the police 

powers of the District, and we have the right to do it; that it is the 

dema.ud of the moral sentiment of the age; that we are only keeping 

abreast of the advancing civilization of the age when we put legisla- tion of this character upon the statute-book. They concede we may 

make lotteries unlawful and yet deny the right of Congress to prohibit 

the publication of invitations to commit the crime. That, gentlemenpardon me, if I say it-seems to me a monstrous doctrine indeed. You 

declare the business a crime, but do not concede the power of Congress 

to declare it a crime. You go beyond that, and say it is proper. You 

should decl::l.re, at the same time, the newspapers have some kind of 

immunity by which they may invite every man, woman, and child in 

the District to commit it, and yon can not prohibit it unless, forsooth, 

you violate the freedom of a Washington newspaper. I have said all 

I want to S:lY on this subject. Mr. HEMPHILL. I now yield, for five minutes, to the gentleman 

from Texas [Mr. CRAIN]. 

1\-!1·. CRAIN. Mr. Speaker, the gentlemen who have spoken in favor 

of this bill assume, or take for granted, that every lottery is necessarily a crime. Yow, right there I take issue with them. I do not believe 

that a lottery which is authorized by the organic law of a State ofthis 

Union belongs to the category of crimes. I do not believe every scheme 

of chance or lottery which is indulged in at a bazaar given for the benefit of the Grand Army of the Republic, or at a fair which may be held 

for the benefit of a cburch·orschool, is necessarily a crime, because, for- sooth, moralists belonging to the school of morality of which the gentleman from Indiana [Mr. BROWKE] is such a distinguished member so 

hold. 

A lottery, according to Webster, is a distribution of prizes by lot or by chn.nce. Therefore a simple publication by a newspaper of a tair 

for the benefit of the poor, OJ; for the benefit of the schools attached tt> a ch arch, or for any other purpose, would be punished under this bill in 

t he courts of the District. 

Independently of this proposition it seems from the discussion of this 

question by the gentleman from Indiana, and the chairman of this com- mittee, that there is a difference of opinion in reference to the object 

of thi~ bill. The gentleman from South Carolina [Mr. HE-niP HILL] insists this bill does not apply to newspapers which are printed elsewhere 

and drcuJated in the District. The gentleman from Indiana [Mr. BROWNE], on the other hand, maintains, and I think rightly, that it 

not only applies to the papers published here, but to newspapers printed 

elc;;ewhere and circulated here. If there be doubt on the proposition it 

ought not to go upon the statute-book of this country. If Congress 

confesses through the committee, or from the lips of the gentleman from 

Indiana, that its legal interpretation is inYolved in doubt, then it ought 

not to be incorporated into the law of the land. Why frame a bill 

which iB coruessedly, according to its advocates, liable to such different 

construction? If the gentleman from Sonlh Carolina iB correct, then 

the bill unjustly discriminates against the papers of this District. If 

the gentlem:m from Indiana be correct, then the bill interferes with 

the circulation of outside papers in the District. 

The SPE AKER pro tempore. The time of the gentleman has ex - pired. 

1\Ir. CRAIN. I ask for five minutes more time. 

Mr. ITEMPIDLL. I would be gl:::.d t o yield to the gentleman, b ut 

I can not do so. 

1\Ir. CRAIN. Then I will take the privilege of finishing my remarks 

in the RECORD. 

:Mr. HEMPIDLL. I now yield five minutes to the gentleman from 

New York [Mr. CUMMINGs]. 

1\:11·. CUM:l\IINGS. Mr. Speaker, I am no lawyer; but it seems to me, aB a man who pretends to have a modicum of common sense, that 

there is too much law in this bill. In trying to correct an admitted 

evil you are opening the doors to a greater evil. 

This bill appears to contain some of the ashes of the old alien and 

sedition laws. Those Jaws, sir, not only interfered with "the liberties 

of the press, but they did, as this l.'l.w will probably do, interfere with 

personal liberty. Nor is this the first time that the ashes of the alien 

ancl sedition laws have been sti:rred by Congress. They were stirred 

under the administration of General Grant, when the United Sta,tes 

Senate passed a bill to abridge the freedom of the press. Under the 

pro"\isions of that bill the editor of the most obscure newspaper in tho 

most obscure corner of the most obscure State of the Union could have 

been dragged to the District of Columbi:J. and subjected to fine and imprisonment, or both, by its petty local tribunals. 

There is the same seed, sir, in this bill. It not only tramples upon 

the freedom of the pre s and upon the freedom of the person, but it 

tr:1.mples upon t.he rights of the States. Under the Jaws of the State 

of Louisiana lotteries are legal. The editor of a Louisiana newspaper can lawfully print a lottery adverUsement the1·e, but his paper would 

be tabooed in the District of Columbia under the provisions of this act. If he afterwards appears in the District of Columbia his person can be 

seized :mel he can be subjected to fine and imprisonment. There is no 

question about it. The bill is clear and specific. It says: 

Or publ.Thhed. • 

Under law a newspaper is held to be published wherever it is circulated. The paper published outside, but circulated in the District of 

Columbia, is thus published here. 

Mr. BROWNE, of Indiana. Will the gentleman permit me to call 

attention to the law of his own State? He refers to Louisiaun,. I believe the gentleman is from New York. Now, if the gentleman will 

examine the law of the Sta.te of New York he will find that a newspaper 

published in another State is subject to the same conditions proposed 

here exactly. 

Ur. CUMUINGS. If the States are able to correct an alleged evil, 

what has the Federal Government got to do with it? 

:Ur. BROWNE, of Indiana. I did not know thn,t the States could 

legislate for the District of Columbia . .l\1r. CUMMINGS. I did not say that they diu, sir. To continue: 

If you have a right to prescribe what shall be printed in the advertising columns of a newspaper, you certainly have the right to exercise 

censorship over its editorial and news columns. . 

Mr. LIND. Will the gentleman permit me t-o interrupt him for a question? · 

Ur. CUMMINGS. I have but five minutes; otherwise I should ba 

very glad to yield to the gentleman. · Congress is then, under this bilJ, to indirectly exercise editorbl supervision over the entire press of the country. Who is to be the editor- in-chief? Is it to be tho distinguished gentleman at the other end of 

the Avenue? Who is to be the city editor? Is it to be the Speaker of 

the House of Representatives? ·who are to be the reporters? .AJe they 

t o be the chairmen of committees? Where is your editorial supervision 

going to end? This bill opens the door for it. Where and when will it 

be closed if once opened? 

Now, you mean well-you say you mean well- you say that you do 

not mean to interfere with the freedom of the press. Your object is 

different. The question is not what is your object, but what is to be 

the effect of your efforts? When you play with the freedom of the 

press you play with fire. Blow out this match and avoid a conflagration. [Applause.] 

[Here the hammer fell.] 

Mr. HEMPHILL. By an understanding with my friend who con- trols the time on the other side, he will now consume the remainder of 

the time in opposition to the bill. :Mr. ROGERS. I yield five minutes to the gentleman from Alabama [Mr. OATES]. 

Mr. OATES. Mr. Speaker, the first question raised in opposition to 

this bill is founded upon the Constitution. rl'he clause of the Constitution is perhaps familiar to you all: 

Congress shall make no law respecting an estnbllshment of religion, or pt·ohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, etc. 

Tbe first inquiry in order to a proper understanding and application 

of this proposed law, in my judgment is, what is the liberty of tbe 

press ? Is it the expression of tbe opinions of the editor, and stop 

there; or does it include the publication of advertisements a well.? 

l\Iy opinion is that the liberty of the press extends only to t he ed1-
' 

1888. CONGRESSIONAL RECORD-HOUSE. 1159 

torial views of the paper, The advertisements in t he paper are no 

more the expressions of the editor than a hand-bill published by 

the advertiser and posted upon the corners of the streets. That is his 

act- the act of the advertiser, the man who publishes his business. 

The injurious effect ou the paper of this bill, should it become a law, 

consists onJy in depriving it of a remunerative business. Hence, I do 

not believe that this bill is obnoxious to the objection that it is an invasion of the liberty of the press. 

The bill, however, is a very harsh one. It seems to me that it is 

wholly an unnecessary measure, and as it is drawn it will create a 'ery 

unjust discrimination against the newspapers of this District. I have 

n.o doubt, sir, that it applies alone to the newspaper~ published within 

the District of Columbia. It reads: 

That it shall not be lawful within the District of Oolumbia. for any person to advertise or publish an advertisement of any lottery scheme, or any other 

scheme or game of chance, or for the sale of any lottery ticket or tickets, or any interest therein, or the sale of any ticket or tickets in any other scheme or game of ehance, or any interest therein, in any newspa.per, circular, hand-bill, or poster, or in any other way. · 

There are two things which this bill denounces. One thing is to advertise or publish an advertisment of any lottery or game of chance 

in any newspaper or otherwise; and the other is the sale of any lottery 

ticket or ticket in a game of chance; and it applies only to the District of Columbia. It can not be extended so as to apply to the doing of 

either of those things outside of the District. 

Mr. BROWNE, of Indiana. Will the gentleman allow me a question? -

Mr. OATES. Yes, sir. 

1\Ir. BROWNE, of Indiana. Will the gentleman, as a lawyer, interpret the word " publish" as not applying to newspapers other than 

those in the District? 

Mr. OATES. Evidently the bill has in view the prohibition of publishing what is known as an advertisement in a newspaper, or issuing 

any circular, hand-blll, or poster, within the District and not outsiue 

of it. 

Mr. BROWNE, of Indiana. If it is printed out of the District and 

published here, is it not published in the District? 

1\Ir. OATES. The gentleman undertakes to give the word "publish" its largest sense, which is never allowable in the construction of 

a penal statute. 

Mr. BROWNE, of Indiana. I give it the legal sense, a.nd it has 

never been diffel'ent1y construed by any court. 

Mr. OATES. The gentleman from Indiana will pe£mit me to &'ty 

that he would not do himself any credit if he rose before any court and 

asserted tbnt he could by a latitudinous construction of a penal statute 

include anything not embraced in its letter. [Here the hammer feU.] 

Mr. OATES. I should like a minute or two more. I do not appro>e of the"Louisiana lottery, but it is a lawful State institution. 

Newspapers from that State and elsewhere could, were this bill a law, 

be circulated ali libitum, within this District, and the courts would not, 

could not punish the publishers. 

- Mr. ROGERS. I can not yield further, as I have promised the time 

at my dispo aJ . 

Mr. OATES. I merely wanted to say in conclusion that I am opposed 

tothepolicyofthisbill. Lotteries and gambling ought to beand:ue prohibited by law within this District. The laws already in..force are a 

sufficient protection. You can not legislate religion and morality into 

the people. If all the churches were to expel all of their members w bo 

take chances in the Louisiana lottery I apprehend that they would lose 

a much larger percentage of valuable membeis tban they would willingly part with. I think that lottery should be abolished, but it is a. State institution ancl Congress has no power to do it. The State of 

Louisiana alone can do that. 

1\fr. ROGERS. I yield five minutes to the gentleman from Florida 

[:Mr. DOUGHERTY]. 

Mr. DOUGHERTY. I run obliged to the gentleman from Arkansas, 

but do not know that I will consume even the time he has allotted me. 

Whenever the House of Representatives comes to adopt any measure 

on any subject it seems to me that as their action has the force of la.w 

they should be careful as to what constructi~n shall be put upon the 

language of their act. As I read this bill, sir, it seems to me likely to 

fill the criminal courts ot this District with prosecutions from other 

States and other portions of the territory of the United States. 

Without coming down critically to find out what is the exacl meaning of the word "publish,'.' it seems to me that under the construe· 

tion of this ln.w if a lottery scheme be published in a newsp!rper o.f the 

State of Louisiana, and if I, as an individuaJ, have iu view the object 

of getting those publications before the people of the District of Columbia, all I ha>e to do is to buy a thousand of those newspapers, circulate them through the mails, and spread them broadcast o>er the 

District of Columbia, and the intelligence desired to be c<>mmunicated 

is spread throughout the whole District. That is one of the operations 

of this law in my judgment. It has been commonly said by gentlemen who are members of the Honse that th:is is a bill to establish a censorship of the press. I believe the liberty of the press as the lib- . erty of speech is guarded and guarantied by a law with which t he 

Congress of the United States, t he whole legislative department of th e 

Government u nited with the executive, can not t amper. 

Now, sir, if they will establish a system of censorship of the pr ess 

that would prevent a newspaper reporter from lying about individuals, 

whether th ey be public men or whether they be private individuals, if 

it were possible under the Constitution to enact such a law, I for one 

would cheerfully vote for it, beca.use I have never yet seen anything as 

offensive to the sense of public morality in any advertisement of any 

lottery or other scheme as I have seen in the expressed opinions of newspaper reporters published as facts. If this House could pass an act the 

enforcement of which would compel the representatives of newspapers, 

both editors and reporters, to confine themselves to a statement of fact 

instead of publishing individual opinions of theirs as facts, I believe 

the enactment of such a law would redound tothe goodand the welfare 

of all this people. 

But, sir, one grave fault of this bill is thn.t it proposes to discriminate 

against newspapers published in a certain and a very small portion of 

the territory of the United States. I believe that any legislation that 

discriminates against any class or any individual, unless it be careful in 

its terms, may be hurtful not only to the individuals concerned in that 

particular legislation, but such precedents would be dangerous in reference to the legislation of the country. 

[Here the hammer felL] 

:M:r. ROGERS. I yield five minutes t<> the gentleman from North 

Carolina/ [l\Ir. LATH.A.l\1]. 

Mr. LATH.A.l\L I should not have a single word to say with regard 

to the merits of this bill but for the reason that I am so unfortunate as 

to differ in opinion with the gentleman from South Carolina who _is 

chairman of the District Committee. I differ with him both in his 

ern -, truction of the meaning of the words of the bill and as to what 

the oommittee understood when they reported it here to the favorable 

consideration of this. House. I certainly understood personally, and I 

thdught the other members of the committee understood, that the 

purview of this bill would not only reach t1e newspapers published 

in the District of Columbin., but would apply equally to every ·paper 

published in the United States that was circulated within the limits of 

this District. 

If the chairman of the oommittee, bowe,er, is correct in his views, it is 

apparent to the House that this bill has been favorably reported under 

a misapprehension of the law, and ought to be recommitted to the committee for its further action. I say "a misapprehension of the law" 

because, with the exception of' the distinguished chairman of the committee, no gentleman upon this floor has taken the position that the bill 

does not apply generally to newspapers published throughout the Union. 

Now, sir, if it does so apply, it will have the same result that laws of 

this character which ha>e been passed in the several States baYe ha.d . 

There are laws in at least twenty of the States of this Union of an exactly similar character to th:is, denouncing as gTeat if not greater p<'Jlalties for their infraction, yet I a~k any gentleman upon this floor 

whether he has ever known of .a single prosecutiol:\ and conviction under those laws? And if the offenders were prosecuted, who would ha1e 

to suffer? You might pick up here the editors of three or four papers 

published in the city of Washington and you might punish them, but 

you could not punish a citizen of South Carolina or of any other Stnte 

who violated yonr law, because he would not be here to be arrested 

and tJ.-jed. · 

You might pick up the barefooted boy who runs through the snows 

of winter to sell his newspapers and put him in prison for dissem:inat-

-iJ:lg papers containing these ad>ertisemeuts, published in South Carolina, in Kentucky, or in any other State, but the men who published 

the papers would not be amena.ble to your laws. 

:M:r. CRAIN. ·I wish to ask the gentleman a question. He is a member of the Committee on the District of Columbia. I will ask him t o 

state what was the construction placed by the committee upon this 

bill. 

1\Ir. L.A.TH.A.M. I can state the construction which I placed upon 

the bill, and which I understood tbe members sitting neu.r me to place 

upon it. I asked the question whether the bill would apply to all 

papers circulating in the District o.f Columbia, and I understood the 

opinion to be that it would so appJy. , Now, Mr. Spe.'lker, I desire to say that I am opposed to lottel'ies. If 

by my voice and vote to-day I could stamp out of existence the Louisiana lottery or any other lottery, legal or not legal, I would cheerfully 

cast my vote to do it. Bnt, sir, this is an entirely different question. 

This institution is established by the fundamental law of a sovereign 

State; it is as much a legal institution as theFirstNationalBank; we 

can not destroy it. Its malign influence extends all over this country, 

and will continue to do so until its charter has expired by lapse of _ 

time. You can not by any instrumentality that human ingenuity can 

devise legislate morality int<> the human race. ' 

J\Ir. CRAIN. Will the gentleman tell us why the Territories were 

not included in this bill? 

The SPEAKER pro tempore. The time of the gentleman from North 

Carolina [Mr. LATHAM] has expired. The gentleman from Arkansas 

[ML RoGERS] is entitled to the fl.om.: . Mr. ROGERS. Mr. Speaker, the gentleman from I ndiana [Mr. 
I 

1160 CONGRESSIONAL REOORD~HOUSE. FEBR.U.ARY 13, 

BROWNE J was anxious for roe to define to him the liberty of the press. 

It is very much easier to define what is not the liberty of the press than 

to define what is, but Judge Cooley in his work on Constitutional Limitations, after a long discussion of this subject, has undertaken to sum it up, and I give my friend from Inii::ma the benefit of that distinguished authority: 

The constitutional liberty of speech and of the press, as we understand it, implies a right to freely utter and publish whatever the citizen may please, and to be protected against any responsibility for so doing, except so far as such 

publications, from their blasphemy, obscenity, or scandalous character may be a public offense, or us, by theit· falsehood or malic3, they may inju1·iously atfect 

the standing, reputation, or pecuniary interest of individuals. Or, to state the same in somewhat different words, we understand liberty of speech and of the press to imply not only libert.y to publish, but complete immunity from legal cen ure for the publication, so long as it i.s not harmful in its character when 

tested by such standards as the law affords. For those standards we must look to the common-law rules which were in force when the constit.utional guaran- ties were established and with reference to which they have been adopted. 

And in the case of Stone vs. Mississippi the supreme court of that 

State said: 

They are not. in the legal acceptance of Ute term mala in se, but, as we have 

just seen, may properly be made mala prohibita. 

::)o that when the Constitution was adopted the1·e was no such thing as the crime of dealing in lotteries of auy description, but, on the contrary, the Father of our Country took .his part in lotteries in this District. I will give the gentleman another thought in that connection, 

which comes from a distinguished Frenchman who traveled in this 

country many years ago. De Tocqueville said: But in countries in which tho sovereignty of the people ostensibly prevails 

the censorship of the press is not only dangerous but absurd. * * * The 

sovereignty of the people and the liberty of the press may therefore be looked upon as correlative institutions, just as the censorship of the press and universal 

ouffrage are two things that are irreconcilably opposed, and which can not long 

be retained among the institutions of the same people. 

Mr. McADOO. I wish to a'>k the gentleman whether there are not 

laws similar to this in most of the States of the Union? 

Mr. ROGERS. In thirty-five States there are laws in rel:.ttion to lotteries, and also, I am told, in the District of Columbia,. 

Mr. McADOO. And is it not a fact that in nearly all the States 

there are publications about lotteries? 

11Ir. ROGERS. Yes; but I have been miable toiind a single adjudication touching the constitutionality of these laws. 

Mr. McADOO. And does not the Constitution of the United States 

bear the same relation to the States that it bears to the District of Columbia? 

Mr. ROGERS. That is my understanding, of course. Mr. BLOUNT. I would like to ask the gentleman from Arkansas a question. He says that so far as he knows the question has never been _raised as to the constitutionality of lawsofthis description. Ifraised _ 

at all it would be raised by the lottery companies, would. it not? 

l'lfr. ROGERS. Not necessarily. I should think not. I suppose it 

would be raised by publishers of newspapers. 

Mr. BLOUNT. But it has neve:c been mised at all? 

Mr. ROGERS. .l am not aware that there has been any adjudication 

upon the constitutionality of prohibiting publications of this description 

in the press. 

Mr. BLOUNT. Does the gentleman regard that fact as an acquies- cence on the part of the newspapers aud the lottery companies in the 

constitutionality of this character of legislation? 

Mr. ROGERS. No, sir; exactly the reverse, because I dare sa.ythere 

is nbt a Ringle State of the Union in which the newspapers do not publish these things in some form or other. Now, Mr. Speaker, I promised to yield two minutes to the gentl~­

lDan from Wisconsin [Mr. GUENTHER]. As I do not see him in his 

seat, I yield to the gentleman from Alabama [Mr. HERBERT]. 

Mr. HERBERT. l\:Ir. Speaker, this bill, it seems to me, applies 

only to papers published in the District cf Columbia. The language 

is peculiar: It shall not be lawful for any peTson to adYcrtiseWhat does that mean? It applies to the person who causes an advertisement to be inserted- or publish an advertisement in any newspaper, circular, hand-bill, or poster. 

What does that mea.n? That applies to the person who prints and 

utters. If it were intended to apply to persons who may circulat-e 

newspapers containing advertisements of this description, the word 

''by" would have been used, instead of the word "in." The prohibition would have been against publishing an advertisement by any 

newspaper, circular, hand-bill, or poster. That language would cover the circulation. But the words of tb.e bill mean simply that no publication of the kind described can be made within the District of Col nmbia. The bill therefore makes a useless discrimination against newspapers published in the District, leaving full power to newspapers published outside to be circulated here. · Such legislation can do no possible 

good. 

Mr. ROGERS. As I before stated, I promised to yield two minutes 

to the gentleman from Wisconsin [Mr. GUENTHER], who was not then 

in his seat. As he is now present, I ask that the House, by unanimous con ent, allow him two minutes. 

Mr. HEMPHILL. I will yield two minutes to the gentleman from 

Wisconsin. 

Mr. GUENTHER. Ur. Speaker, I regret very much that it is, or seems to be, the tendency of this Republic to adopt more and more the 

m~t.hods of monarchical Europe. To one who, like myself, left his 

native land to find a home where he could breathe the air of liberty and 

not be hampered at every step by the paternal, maternal, and goody- t:toody care of the government, it is certainly a pain!ul reflection to :find 

that we are rapidly approaching in this country the state of affairs from 

which we :fled. 

I do not advocate lotteries; I am not an advocate of gambling in any 

form. I think I am as moral as any ofthe gentlemen who believe it 

their special mission from Beaven to be the legisL.'l.tive watch-dogs of our public morals. Thjs would betheinitiative step of a censorship of 

lhe press. I am opposed to it because I believe it to be on-American, 

unrepublican, and in this case certainly uncalled for. 

Mr. HEMPHILL. Mr. Speaker, this is a case, not at all uncom- mon, in which every roan who undertakes to oppose this bill thinks it 

necessary to express his determination to fight all lottery schemes whene\er he gets the chance. But hero is a case in which every man who 

is opposed to lotteries, opposed to gambling, opposed to inducing the 

people to violate the law, has an opportunity to put himself upon 1·ecord 

in favor of a law looking to those ends. There are a good many gentlemen here ·who say that they will not 

vote for this bill because it applies to papers outside of the District as well as in it. There are a good many other gentlemen here who say 

they will not vote for it because it applies only to papers published in 

this District. The fact is there are some men entirely too hypercritical 

about bills coming before this House. 

The gentleman from Arkansas [ Ir. ROGERS] has read from the opinion of JudgeCooley, summing up what he considers to be a violation of 

the liberty of the press; and he says it is no violation of the liberty of 

the press to suppress the publication of those things which are harmful in their character. Now, it is conceded by every man who has 

addressed the House on this suhject, by those who oppose this bill as well as those who favor it, that the lottery schemes of this country are harmful in their character. That they are so considered by the sentiment of the people at large is established by the fact that thirty-five 

out of the thirty-eight States of this Union have passed laws upon this 

subject. Mr. ROGERS. I trust the gentleman will allow me a moment. I 

know he does not wish to make any statement, either of law or fact, 

which is not ab olutely correct. Therefore; I call his attention to the 

fact that Judge Cooley, in a sentence immediately following the sen- tence just referred to, states that the matter must be determined by 

reference to crimes which were recognized as such by law at the time 

of the adoption of the Constitution. Now, will the gentleman tell us whether at that time it was any crime to run a lottery? 

Mr. HEMPHILL. I was not in existence at that time, and am not 

acquajnted witll all the laws which were then in existence. But the 

fact that lotteries were indulged in by the Father o our Country and 

other noted people of that day is not sufficient to sh0w that there were not laws then upon the statute-book in opposition to lotteries. 

Mr. BLOUNT. There were not any railroads then, either. 

1tfr. HEUPIIILL. No; there were no railroads, no telegraphs, and 

very few newspapers; and to my mind it is ridiculous to say that crimes 

which now shock the sentiment of the community and are corrupting 

the morals of the people can not be dealt with because they were not 

legislated against a hundred years ago. Now, Mr. Speaker! I see some gentlemen object to voting for this bill 

because it applies only to newspapers published in iliis city. But they 

must remember there is a sentiment in this country endeavoring to pnt 

down the advertising of these lottery tickets in every State in this 

Union, and it would be unkind to the people of this country for us to 

stand back in reference to this matter any: longer. 

It is important we should clisposeofthis measure ,and therefore I shall 

demand the previous question on the passage of the bill. Mr. CRAIN. Why does not the bill include the Territories of the 

United States?· 

Mr. HEMPHILL. One reason is because the gentleman who intro· 

duced it drew the bill up in reference to the laws of the District of Columbia. The other is because the committee having in charge this bill 

has nothing to do with the Territories of the United States. If my 

friend from Texas will introduce a bill and refer it to the Committee on 

Territories I will help him to secure its passage. Mr. BROWNE, of Indiana. There is such a bill pending before this: 

Congress. · Mr. CRAIN. Why not incorporate its provisions in the pending 

bill? 

:Mr. HEMPHffiL. It will come in at the proper time. 

Ur. CRAIN. I move this bill be referred to the Committee on the 

Judiciary, as there seems to be a doubt about its intendment. 

Mr. HEMPHILL. I move to lay the motion to refer upon the table. 

Mr. CRAIN. I demand the yeas and nays on my motion. 

The previous question was ordered. 

Mr. ROGERS. Is not the vote on the passage of the bill? 

The SPEAKER pro tempore. Yes; the bill has been ordered to be 

engrossed and read a third time, and the qnestion now is on the roo-
1888. CONGRESSIONAL RECORD-HOUSE. ' 1161 ... t10n of the gentleman from Texas to refer the bill to the Committee on 

the Judiciary. 

Mr. CRAIN. I demand the yeas and nays. 

The House divided; and there were-ayes 21, noes 64. 

So the yeas and nays were ordered, one-fifth of those present voting 

in the affirmative. 

The question was taken; and it was decided in the affirmative-yeas 

119, nays 113, not voting 91; as follows: 

YEAS-119. 

Abbott, Collins, 

Anderson, A. R. Compton, 

Anderson, G. A. Cowles, 

Bacon, Crain, 

Baker, C. S. Crouse, 

Baker, Jehu Culberson:, 

Bankhead, Cummings, 

Barry, Dargan, 

Biggs, Davidson, A. C. 

Blanchard, Davidson, R.H.M. Bland, Dockery, 

Bliss, Dougherty, 

Bowen, Donn, 

Breckinridge, C.R. Enloe, 

Breckinridge,WCP_ Ermentrout, 

Bryce, Felton, 

Buckalew, Ford, 

Burnett, Forney, Bynum, French, 

Campbell, J. E. Gaines, 

Candler, Gest, 

Carlton, Glover, 

Caruth, Grimes, 

Catchings, Guenther, 

Cheadle, Hall, 

Chipman, Hare, 

Clardy, Hatch, 

Cobb, Heard, 

Cockran, Henderson, J. S. 

Cogswell, Herbert, 

Hooke~;, 

Houk 

Hovey, 

Howard1 

Hudd, 

Hutton, 

Jones, 

Laffoon, 

La Follette, 

Laird, 

Landes, 

Lane, 

Lanham, 

Latham, 

Lee, 

Lynch, 

Macdonald, 

Maish, 

Marti.!}, 

McClammy, 

1\fcCreary, 

J'IIcKinney, 

1\IcRae, 

1\Ieniman, 

Mills, 

1\loffitt, 

Montgomery, 

Moore, 

Norwood, 

Oates, 

NAYB-113. 

Adams, 

Allen,E.P. 

Allen,J.M. 

Anderson, C. L. Bayne, 

Blount, 

Boothman, 

Bound, 

Brewer, 

Brower, 

Browne, T. M. 

Brown, C. E. Buchanan, 

Bunnell, 

Burrows, 

Cannon, 

Caswell, 

Clark, 

Clements, 

Cothran, 

Cutcheon, 

Dalzell, 

Darlington, 

Davenport, 

Davis, 

Dingley, 

Dunham, 

Elliott, 

Farquhar, 

Finley, 

Fuller, 

Funston, 

Gallinger, 

Gear, 

Glass, 

Grosvenor, 

Grout, 

Haugen, 

Hayden, 

Hemphill, 

Henderson, D. B. Henderson, T. J. Hermann, - Hiestand, 

Hogg, 

Holman, 

Holmes, 

Hopkins, A. J. Hopkins, S. I. 

Johnston, J. T. Johnston, T. D. Kean, 

Kelley, 

Kerr, 

Ketcham, 

Laidlaw, 

Lehlbach, 

Lind, 

Lodge, 

Long, 

Lyman, 

1\Iason, 

McComas, 

McCormick, 

McCullogh, 

1\Iilliken, 

Morgan, 

Morrill, 

1\Iorrow, 

Nelson, 

Newton, 

Nichols, 

O'Donnell, 

O'Neill, Charles 

Owen, 

Payson, 

Peel, 

Penington, 

Perkins, 

Peters, 

Phelps, 

Pidcock, 

Plumb, 

Post, 

Rayner, 

Reed, 

Robertson, 

NOT VOTING-91. 

Allen, C. H. Dibble, Mahoney, 

Anderson,J.A. Dorsey, :Mansur, 

Arnold, l:<'isher, l\'Iatson, 

Atkinson, Fitch, McAdoo, 

Barnes, Flood, McKenna, 

Belden, Foran, McKinley, 

Belmont, Gay, McMillan, 

Bingham, Gibson, McShane, 

Boutelle, Goff, Morse, 

Bowden, Granger, Ne.'ll, 

Browne,T.H.B. Greenman, Nutting, 

Brown,J. R. Harmer, O'Neill,J. J. Brumm, Hayes, Osborne, 

Burnes, Hires, Parker, 

Butler, Hitt, Patton, Butterwort-h, Hopkins, S. T. Pugsley, Campbell, Felix Hunter, Randall, 

Campbell, T. J. Jackson, Russell, J. E. Conger, Kennedy, Rusk 

Cooper, Kilgore., Sawy~r, Cox, Lagan, Scott, 

Crisp, - Lawler, Shaw, 

DeLano, Maffett, Sherman, 

O'Ferrall, 

O'NeaH,J. H. 

Outhwaite, 

Perry, 

Phelan, 

Rice, 

Richardson, 

Rogers, 

Rowland, 

Sayers, 

Seney, 

Shively, 

Snyder, 

Springer, 

Stahlnecker, 

StewarL, Charles 

Stone of Ky. 

Tillman, 

Townshend, 

Tracey, 

Vance, 

Walker, 

'Vashington, 

Wheeler, 

Whitthorne, 

Wilkins, 

Wilkinson, 

Wise, 

Yost. 

Rockwell, 

Romeis, 

Rowell, 

Rossell, C. A. 

Ryan, 

Scull, 

Smith, 

Sowden, 

Spooner, 

Steele, _. Stephenson, 

Stewart., J. W. Struble, 

Taulbee, 

Taylor, J.D. Thomas, G. M. Thomas, 0. B. Vandever, 

Warner, 

Weber, 

West, 

Whiting, William 

Wickham, 

Wilber, . Wilson, Thomas 

Yardley. 

Simmons, 

Spinola, 

Stewart,J. D. Stockdale, 

Stone or Mo. Symes, 

Tarsney, 

Taylor, E. B. Thomas, J.R. Thompson, A. C. 

Thompson, T. L. Turner, E. J. 

Turner, H. G. 

Wade, 

Weaver, 

White,J. B. White,S. V. Whiting, J. R. Williams, 

Wilson, W. L. 

Woodburn, 

Yoder. 

So the motion was agreed to. . 

On motion of Mr. CRAIN, by unanimous consent, the reading of the 

names was dispensed with. 

The following pairs were announced, until further notice, on all political questions: 

Mr. SIMMONS with :Mr. ATKINSON. 

Mr. TARSNEY with M:r. PATTON. 

Mr. FELIX CAl\IPBELL with Mr. JACKBON. 

Mr. STEWART, of Georgia, with Mr. GOFF. 

Mr. SPINOLA with Mr. THOl'IAS, of Illinois. 

Mr. NEAL with Mr. KENNEDY. 

Mr. CUMMINGS with Mr. FITCH, until Wednesday, 15th. 

Mr. STONE, of Missouri, with Mr. ANDERSON, of Kansas, until the 

close of the investigation by the Special Committee on Reading Railroad. 

The following were annotlllced as paired for this day: 

Mr. MCSHANE with Mr. SHERMAN. 

Mr. MILLIKEN with Mr. DIBBLE. 

Mr. WADE with Mr. MANSUR. 

1\Ir. TURNER, of Georgia, with .Mr. McKINLEY. 

Mr. BARNEs-with Mr. McCORMICK. 

Mr. KILGORE with Mr. THOMAS II. B. BROWNE. 

Mr. STOCKDALE with Mr. THOUPSON, of Ohio. 

Mr. McMILLIN with Mr. DoRSEY. 

:Ur. ScoTT with Mr. OSBORNE. 

Mr. WILSON, of West Virginia, with Mr. HARMER. 

Mr. MAHONEY with Mr. ARNOLD. 

Mr. GRANGER with :rti.r. BUTTERWORTH. 

Mr. HARE with 1\I.r. COOPER. 

Mr. MATSON with Mr. PUGSLEY. 

Mr. RussELL, of Massachusetts, with Mr. HOPKINS, of New York. 

Mr. MORSE with Mr. HUNTER. 

Mr. RANDALL with Mr. JOHN R. BROWN. 

The result of the vote was then announced as above 1·ecorded. 

Mr. CRAIN moved to reconsider the vote by which the motion waa 

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

table. 

The latter motion was agreed to. 

VESSELS IN DISTRESS IN CANADIAN WATERS. 

Mr. CHIPMAN. Ur. Speaker, I rise_ to submit a privileged report. 

The SPEAKER pro te-1npore. The Clerk will read the report. 

The Clerk read as follows: 

The Committee on Foreign Affairs, to whom was referred a resolution asking 

information in regard to American wrecking vessels in Canadian waters, report 

the samEl back with the recommendation that it be adopted. · The resolution and papers referred to the committee are as follows : 

HOUSE OF REPRESENTATIVES, UNITED STATES, 

Washington, D. C., Feb1-uary 3,1888. 

Whereas it is alleged that the Canadian authorities for years have refm;edand now refuse to allow American wrecking vessels and machinery to assist Ameri- can vessels while in distress in Canadian canals and waters; and it is alleged further that Canadian wrecking vessels aud machinery have been and now are allowed to come into American waters and assist any vessels there in distress- some of the facts in regard to these allegations will appear by the attached letters, which are made a part hereof: 

"OSWEGo, N.Y., Felwuary 1, 1888. 

"DEAR SIR: On or about the 30th day of September, 1881, I, being controlling owner of steam-barge Thompson Kingsford, was notified that she was ashore at Wellington, Ontario, and immediate assistance was needed. I informed our wrecker, Mr. Allen, who expressed himself ready to start at once provided the 

Canadian authorities wonld give him permission to work in their wat-ers. I 

therefore applied by wire to the minister of marine at Ottawa, and after a long delay was informed that the assistance needed could be procured at Kingston, 

and the application was denied. I thought the treatment was severe, especially as my tugs were all ready to go. and we could have got the barge out of danger 

in twenty-four hours. As it was, during the delay, or rather by the delay in 

waiting for an answer, she was subjected to a severe gale, causing great dam- ag·e and eventually costing us about $1,200 more than it would if we could have 

done the work ourselves. 

"Again, on or about the 19th day of August, 1882, the same barge was sunk in 

the bay of Quinte by collision, and I again made application to go to her relief 

with my own appliances, and was again refused. 

"To sum the matter up, the Canadian government have persistentlyrefmsed to allow us to use our tugs or wrecking appliances in their waters under any and 

all circumstances. 

"JOHN K. POST. 

''Ron. N. W. NUTriNG, · " Washington, D. Ct, House of Rep1·ese-n!atives." 

"OswEGo, N. Y., Feltruary 1, 1888. 

"DEAR Srn: At the suggestion of Mr. Allen, I make the following statement: On or about the 3d day of November, 1882, the schooner Camanche, of which I was controlling owner, was sunk in the Welland Canal, near Port Colborne. 

Although Bufl'alo was but 20 miles, and assistance could have been procured 

in six hours, we were told that American assistance would not be permitted, 

although at that moment the steam-pumps we1·e loaded and ready to come. The result was we had to wait for assistance from Amherstburg, nearly 300 miles 

distant, and causing a delay of three days. Owing to the delay, the vessel's cargo swelled and sprung her entire deck up, and almost ruined the vessel. 

"The treatment by the Canadians in ibis case was very unfair, and not at all as we treat them. 

"Ron. N. W. NUTTING, Washinnton, D. C." 

Therefore, 

"ALBERT QUONCE. 

Resolved, '!'hat the Treasury Department of the United States is hereby re- quested, if not inconsistent with the public good, to transmit to this House with 

all convenientspeed anyandall correspondence, orders, and information in its 

custody in regard to the refusal of the Canadian authorities to allow American 

wrecking vessels and machinery to assist American vessels while in distress in 

Canadian waters, and as to whether Canadian wrecking vessels and machinery 

have been and are permitted to operate in American waters. 

Mr. CHIPMAN. I ask the previous question upon the adoption of 

the resolution. 

Mr. OATES. Is this resolution now before the House for consideration? 

The SPEAKER pro t~mpore. It is a privileged resolution. 

Mr. OATES. From what committee? 

The SPEAKER pro tempore. It is reported from the Committee on Foreign Affairs. 

The previous question was ordered, under the operation of which the 

resolution was agreed to. 

Mr. CHIPMAN moved to reconsider the vote by which the resolu-
1162 CONGRESSIONAL RECORD-HOUSE, FEBRUARY 13, 

tion was adopted; and n.lso moved that the motion to reconsider be laid 

on the table. 

TJ1e L.1>tter motion was agreed to. 

ENROLLED BILLS SIGNED. 

1\Ir. FISHER, from the Committee on Enrolled Bills, reported that 

they had examined and found duly enrolled bills of the following titles; 

when the Speaker signed the same: 

A bill (H. R. 2578) to authorize theconstructionofa bridge over the 

l\1i ouri River at or near the city of Lexington, Mo.; 

A bill (S. 1754) for the relief of Henry H. Marmaduke, of Missouri; 

and 

A bill (S. 1022) to relinquish the interest of the United States in certain lands in Kansas. 

SERVICE OF LEGAL PROCESS, DISTRICT OF COLID!BIA. 

1\Ir. HEMPHILL. I now call up for consideration the bill (H. R. 

3290) to amend section 685 of the Revised Statutes relating to the District of Columbia and put it upon_its passage. 

The bill is as follows: 

Be it enacted, etc., That section numbered 685 of the Revised Statutes relating to the District of Columbio. be, nnd the same is hereby, amended so a.s to reafl as follows: 

';&--c. 685. The summons shall be served like other writs of summons at least se\en days before the appearance of the party complained of; but in case such party has left the District of Columbia, or can not be found, said summons may be served by delivering a. written or printed, or partly written and partly printed, copy thereof to the tenant, or leaving the same with some person above the age of twelve years residing on or in possession of the premises; and in case no one is in actual possession ofsaidpremisesorresidingthereon, then by posting n copy of said summons on the premises where it may be conveniently read ." 

The committee recommend the adoption of the following amendments: 

After the word" tenant," in the eleventh line, insert the words "or to the a gent or atton1ey of the defendant, if he be known." .Also in the twelfth line, aflel' the word "person," insert the words" of suit- abl e discretion." 

bir. HE IPHILL. I would like to say that this bill simply proposes 

to provide the means for summoning defendants who have absented 

themselves from the District. It is a mere matter of conforming the 

law upon this subject to the general laws prevailing elsewhere. 

If there be no desire to debate the bill, I ask the previous question 

upon the amendments and the engrossment and third reading of the 

bill. 

The pre"\tiQus question was ordered, under the operation of which the 

amendments were agreed to, the bill as amended was ordered to be engr ed for a third reading; and being engrossed, it was accordingly 

read the third time, and passed. ' 

Mr. HEMPillLL moved to reconsider the vote by which the bill W:lS 

p.'l.SSed ; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

POOLS ON RACES, ETC. 

1\Ir. HEMPHILL. I nmv call np the bill (H. R. 4964) to prevent 

any person or persons in the cities of Washington and Georgetown from 

making books and pools on the result of trotting or running ra-ces, or 

boat races. 

The bill is as follows: 

Be it enacted, etc., That it shall be unlawful for any person or persons, or asso- datio n of persons, in the cities of Washington and Georgetown, in the District of Columbia., to bet, gamble, or make books and pools on the result of any trotting race or running- rnce of horses, or boat race, or race of any kind, or on any election or contest of any kind. SEc. 2. That any per on or persons, or association of persons, violating the provisions of this net shall be fined not exceeding t500 nor less than $100, or be imprisoned not more than ninety nor less thn.n thirty days, or both, at the dis- cretion of the court. 

The committee recommend the adoption of the following amendments: 

In section 2, line 3, strike out the words "one hundred dollars" and insert "twenty-five dollars," and in the fourth line strike out the words "nor less than thirty." 

Mr. COMPTON. I wish to offer a further amendment to the bill. 

Mr. HEMPIDLL. I ask the previous question upon the amendments proposed by the committee, after which the gentleman may offer 

his amendment. 

Mr. BIGGS. I would like to have these amendments again read. I 

ask for information, as I am not satisfied with the bill altogether. 

The amendments were again reported. 

The previous question was ordered, under the operation of which the 

amendments of the committee were agreed to. 

Mr. CO}IPTON. I desire to add an amendment at the end of the 

first section in these words: 

Or games of base ball. 

So as to prohibit pool-selling upon these games as well as upon the 

other pointR co>ered by the bilL 

:M.r. BREWER. The section as it stands covers this question which 

my friend from Maryland seeks to raise now. It uses the words: Or conte<;;t of nny kind. 

Therefore the amendment is entirely useless. 

1\Ir. CO:hfP':I;ON. I offer that amendment, and think it should be 

appended to the bill. 

The amendment was agreed to. 

Mr. HEMPIDLL. I now demand the previous question upon the 

engrossment and third reading of the bill. • 

The previous question W:lS ordered, under the operation of which the 

bill as amended was ordered to be engrossed for a third reading ; lllld 

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

1\lr. HEMPHILL 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. 

BRIDGE ACROS..') ROCK CREEK. 

Mr. HEMPHILL. I call up for consideration the bill (H. R 1184) 

to authorize the construction of a bridge across Rock Creek, at the 

Woodley Lane road, in the District of Columbia. The bill makes an appropriation, but I ask unanimous consent th:tt it may be considered in 

the House as in Committee of the Whole. · 

The SPEAKER pro tempore (Mr. RICHARDSON). The Chair is informed the bill is on the House Calendar. It will be considered in the 

Honse unless the point is made. 

Mr. HEMPHILL. Let the substitute be read. 

The following substitute, reported by the Committee on the District 

of Columbia, W:lS read: · Strike out all after the enacting clause and insert as follows: That the commissioners of the District of Columbia be, and they are h e1·eby, authorized and directed to cause to be constructed across Rock Creek, on the Woodley Lane road, in the District of Columbia~ a. substantial stone or iron bridge with necessary approaches; and the sum of $35,000 is hereby appro- priated, out of any money in the Treasury not otherwise appropriated, which said sum shall be available immediately upon the pas_age of this act, for the· construction of said bridge and approaches, and for such investigation and sur- veys and such contingencies as the commissioners of the District of Coltm1bia shall deem necessary, the same to be maintained o.s a free bridge for tr vel. SEC. 2. That the sum which shall be expanded under the pl"Odsions of this act shall be ti·eated and regarded as part of the g-eneral expenses of the D istrict of Columbia, and the United States shall be credited with the amount which it may pay u nder this act upon the 50 per centum of th expenses of the Di lrict of Columbia, as provided in the act of June 11, 1876. entitled "An act providing a. permanent form of government for the District of Columbia." SEC. 3. That the commissioners of the District of Columbia shall, as soon as practicable, cause a survey of said creek to be made to d etermine the length, 

width, and height of said bridge and the approaches thereto, and shall cause plans and specifications to be prepared for such brid~e and uch approaches; and when the same are completed said board shall advertise for sealed proposals for the construction of such bridge and such approache , which advertisement ball be inserted for at least one week in one or more daily pnpers in such cities ns the said board of commissioners shall desig11ate, and shall let such contract t'o the lowest responsible bidder, as provided by law : Provided, That the aggregate cost for the construction of such bridge and the approaches thereto, including the incideu tal expenses connected the1·ewith, shall not exceed the amount herein appropriated. 

Ur. HEMPHILL. If there is no information or explanation desired, 

I will move the previous question. 

M:r. ADAMS. Let the report be read. 

The report (by 1\Ir. BREWER) was read, as follows: The Committee on the District of Columbia, to whom was referred the bill (H. 

R. ll84) to authorize the construction of a bridge aero s Rock Creek at the so- called Woodley Lane road, in the District of Columbia., r spectfully r eport : That they have had the same under consideration and hn.vc come to the con- clusion that such bridge is necessary, ::md that the same should be con tructed. They therefore report said bill back to the House, with certain amendments in the nature of a. substitute, and recommend that the amendments l>e concurred in, and that the bill when so amended do pass. 

1\fr. TAULBEE. Is that the whole of the report? 

The SPEAKER pi·o tempore. The whole of the report has been read. 

1!1r. TAULBEE. Then, will the gentleman in charge of ihe bill 

give the Honse some verbal explanation to show what is the nece ity 

why a bridge should be constructed at that point, and why it will be 

more useful there than at other points? I would like also to hear something about the probable increase of the value of property in that 

neighborhood by reason of the construction of this bridge. 

Ur. HEMPHILL. I will answer the gentleman's questions. Does 

he desire to submit any furtber question? 

Mr. TAULBEE. Not until those a.re answered. 

1\fr. HErt1PIDLL. I will state that this bill was introduced 

amongst the first of the bills which were presented for our consiuera.-

tion; that it went in its regular course 1.o the committee, and wns re- ported upon favorably by a subcommittee. Subsequently, after the 

subcommittee had given such informaticm as was desired, further action by the committee was postponed until an examination of the premises should satisfy individual members of the committee as to the propriety of making this expenditure. 

All the members of the committee except one went to this place and 

saw it for themselves. Every one of them that~ wit came bacl? satisfied that this was a necessary and proper expenuitme of the public 

money. Another reason that satisfied them was that this is the only 

bridge from P street up. to a place c.1.lled IUingle's Ford, a distance 

of 3 or 4 miles, and the committee thought it was the proper place to 

have a suitable bridge for the people who wanted to go out of the city 

and those who wanted to come in. Those are some of the re:lSons 

which influenced the committee. :Mr. TAULBEE. I am not well.acquainted with the geogmphy of 
, 

1888. CONGRESSIONAL -RECORD- HOUSE. 

that portion of the District, but I wish to inquire further whether this 

proposed bridge is on the line of the proposed extension of Massn..chusetts avenue. 

111r. HEMPHILL. It is not. 

11Ir. TAULBEE. How far from it? 

Mr. HEMPHILL. I suppose about a mile. It is on an entirely 

different road which has nothing to do with Massachusetts avenue. 

l\1r. HENDERSON, of Iowa.. Does this bill appropriate money fbr 

the construction of the bridge? 

Mr. HEMPHILL. It does. 

Mr. HENDERSON, of Iowa. How much? 

1\Ir. HEMPHILL. Thirty-five thousand dollars. 

1\fr. HENDERSON, of Iowa. Has any ground been donated for it? 

Mr. HEMPHILL. Yes, sir. The people out there who have property have donated, according to the statement furnished by the city 

department, grounds about the bridge and leading to it, valued at 

$1!:)9,000, for public streets. 

Mr. HENDERSON, of Iowa. Who are to be accommodated by this · 

bridge? 

, 1\Ir. HEMPIIILL. Of comse everybody who lives out on that side 

of the city will be accommodated by it, and the people who live on the 

other side of the creek will be accommodated by it. 

Mr. HENDERSON, of Iowa.. .Are not the speculators more likely to 

be accommodated by H than anybody else? 

Mr. HEMPIIILL. _I will answer the gentleman in this way, that 

when the matter came up before the committee and we beard some reports of that kind-that the speculators were to be benefited by itbefore the committee acted upon it we postponed, as I have said, its 

con!'ideration until the members could go to the spot and make a personal investigation; and those who went, and they were all the members of the committee except one, were satisfied that it was a proper 

and necessary expenditure lor the public good. 

Now, whether any speculators are going to make money out of it is 

2.matterwhich depends very much on the future. I suppose these gentlemen my friend from Iowa alludes to are the people who live along 

the route and others interested in the improvements of that part of the 

city; and, as I have said, they give to the city for public streets and for 

improvements along the avenues and streets in that neighborhood property which is estimated to be worth $189,000. In addition to that 

these same gentlemen, or some others, I do not myself personally know 

who they are, ba•e spent there altogether $208,000 in grading streets 

which they haTe donat-ed to the public, and so fur as I am concerned, 

my judgment is that this is a proper expenditure; and if these gentlemen are willing to spend $400,000 towards the improvement of that 

portion of the city, I think the Government can afford to give them 

$35,000 for the construction of the bridge, even if other people are not 

accommodated by it. 

Mr. HENDERSON, of Iowa. I desire to ask one other question. 

Are there any petitions for the passage of tbis bill? 

Mr. HEMPHILL. Yes; there is a petition by everybody, I believe, 

along the route who would be immediately interested in the matter of 

the streets in that part of the city. And in addition to that -there is a petition signed by a large number of people who live out in the adjoining territory included it.J. the District of Columbia, but not embraced 

within the city limits, who would not be in any way affected or influenced by this except as a matter of convenience, a.s they would be af-

• fecteQ.J>y any improvement which contributes to the general welfare. 

Mr. HENDERSON, of Iowa. One question further. 

1t1r. HEMPHILL. I will answer any questions the gentleman may 

ask. 

Mr. HENDERSON, of Iowa,. Ate those petitions signed by pMties 

living in that vicinity-people who have homes there? 

Mr. HEMPHILL. Some of them are. These last that I have mentioned live out in Montgomery County, Maryland. They are people 

who have a good deal of business with the city of Washington, who 

have to visit the markets and other places in the city. Of course they 

are interested in getting in an.d out easily, and there is no proper road 

for them to travel to and fro between their homes and .the city unless 

they go down to the P street bridge (which my friend will understand is 

the bridge which the Metropolitan Railroad crosses on its way to Georgetown), or go np to another place some 3 or 4 miles distant, where also 

there is a bridge. It is proper to state that there is an ordinary wooden 

bridge now at the place where it is proposed to build this, but I do not 

think that any gentleman who examines it will say that it is a proper 

structure for any civilized community where people have to pass to and fr~ . 

Mr. HENDERSON, ofiowa. Is this bill recommended unanimously 

by the committee? 

Mr. HEMPHILL. There is no minority report. My understanding is that there is one member of the committee who did not assent 

to the r ecommendation. He r eserved the right to dissent. 

Mr. BREWER. But that g~ntleman did not go out to make an ex- amination of the locality? -

1tfr. HEliPIDLL. No, he did not go. Mr. WILKINS. I wish to ask a question for information. Is this 

what is known as the Woodley Lane bridge? 

. 

Mr. HEMPHILL. It is. 

Mr. WILKINS. I understood the gentleman from South Carolina 

to say that it was the bridge for the extension of Massachusetts avenue. 

Mr. HEMPHILL. Oh, no. It is a different thing entirely. It bas 

nothing to do with the extension of Massachusetts avenue. 

Mr. HENDERSON, of Iowa. Are there any 1·emonsn:ances against 

the passage of this bill? 

Mr. HEI\fPHILL. Yes. There is a remonstrance in the way of a 

resolution adopted by the citizens' committee. They passed a resolu- tion in which they said that this was a waste of public money, and one 

of the speakers upon that occasion said there was a "job" in it. The 

gentleman from Michigan [Mr. BREWER], the member of our committee who had reported the bill, immediately prepared a letter and.sent 

it to the chairman of the citizens' committee, saying in substance, " If 

you gentlemen have any objection to mge t-o this bill, we ask you to 

come before the committee and present it." They did notcomeatthe 

time they were invited; they said they were not ready yet. We postponed the matter until this morning, when the gentleman who offered 

the resolution in the citizens' committee and two or three other gentlemen appeared and made objections to the bill. They objected to 

such an expenditure of the public money. The gentleman w bo offered 

the resolution lives on this side of the city and wants improvements 

·made here, and I asked him the question, "What is really the point in 

this case? Is it not that the money is being spent in one portion of the 

city when you think it ought to be spent in another?" He replied, 

"That is it." It is a question as to where this money shall be spent. 

That is the sum and substance of the objections when they are boiled 

down. 

Mr. TAULBEE. When I listened to the reading ofthis bill I suppose I must have been misled with reference to the locality of the proposed bridge, as would be inferred from the question which I asked 

the gentleman in charge of the bill. From the reading I got the impression that the bridge was proposed to be builtin that part of the District of Columbia where it is notorious that almost the entire territory 

is in the hands of speculators, who are; attempting to increase the value 

of property there in order that they llh.,y·make their speculations successful; but when it is announced by the gentleman from South Carolina [Mr. HEMPHILL] that the persons who live in the vicinity of this 

proposed bridge and who own the property around there have maqe 

such generous and enormous contributions to the city of Washington 

and the District of Columbia, I feel half-way inclined to withdraw my 

objection. I would, however, insist, as this is perhaps the most favorable opportunity I shall have, that the committee having these District matters in charge should take into consideration the necessities of 

that portion of the city lying within the very shadow of this Capitol 

Doubtless it is known to members of this House that within four or 

five squares of the national Capitol itself the streets remain unpaved. 

Railroad depots are found in the vicinity of this building, ancl if the 

expenditure of public money is to be made for the improvement of the 

city of Washington, I insist that, instead of making streets and building bridges 3 or 4 miles awa.y,from the Capitol, some attention ought to 

be paid to its immediate vicinity. 

Mr. HEMPHILL. If the gentleman will permit me, I will state t o 

him that the Committee on the District of Columbia does not lkwe control of the expenditure of money for the paving of streets, the laying ot 

sewers, or anything of that kind. That is controlled by the general 

Committee on Appropriations; and while I concur in the view which 

the gentleman expresses with respect to public improvements, I will 

state to the gentleman that the Committee on the District of Columbia bas shown all proper attention to the needs of this eastern portion of the city, which may have been somewhat neglected in the past. 

Last year we made an appropriation of more than $100,000 to build 

a bridge across the Eastern Branch for the benefit of the people in this 

portion of the city and ofthose who li>e on the other side oftberiver. 

There is also pending a proposition to charter a railroad for the benefit 

of the people in that section. We ha.ve endeavored, as fur as possible, 

to givethesepeople afuirshowingand to provide better means of travel 

and traffic between the outlying country and the city. 

Mr. TAULBEE. I understand, Mr. Speaker, tbattbeCommitteeon 

the District of Columbia does not have the appropriation of money 1or 

the improvement of the streets; but, if I understand the rules of this 

House, I think that committee does have such charge and sncb authority 

as would enable it to by proper restrictions upon the commissioners or 

the District, who exercise the prerogative of distributing the money and 

desjgna,ting the streets that are to be improved. 

Mr. HEMPHILL. No; the appropriation bill provides for tbatq 

Mr. TAULBEE. If any man will examine the appropriation bill be 

will find tha.t the commissioners have almost carte-blanche for the designation of the streets that arc to be improved. 

Mr. HEUPHILL. Well, Ur. Speaker, the gentleman's view and 

mine are not so very divergent after all, and if he will introduce a proper bill on this subject our committee will give it full and fair consideration, and will be very glad to give him a. hearing. Mr. TAULBEE. I have not felt called upon to introduce bills on this subject, because my assignments on the committees of this House 

have directed my attention and labors in a different direction, and I 
·' 

•, 

1164 -CONGRESSIONAL REOORD-HOUSE. FEBRUARY 13, 

would not assume to know so niuch about these District matters as I 

should hope to know if I were a member of the gentleman's committee. 

I will vote with that committee. I have been with the gentleman all 

along; I have gone with him through Austerlitz to Waterloo, and I 

expect to be with him_to the end, but I want these ql;lestions answered, 

because I think they are pertinent. 

And I want to say right here that I look with great suspicion upon a measure bearing the features that this bill bears, especially if this 

proposed improvement is located in that part of the District where 

there have been such strenuous efforts recently to ''boom" real estate. 

But with the statement made by the gentleman from South Carolina as to these enormous conb·ibutions, which, I dare say, are in money or real estate--

Mr. HEMPHILL. Both. 

Mr. TAULBEE. For the improvement of that part of the city, I 

think we ought as members to do something in that direction. But 

before coming to a fixed and definite conclusion on that matter, I would 

like to ask what part of these contributions bas been made in money 

and what part by the donation of streets along the line of which the 

donors own real estate. 

Mr. HEMPHILL. I will state to the gentleman that the money 

amounted to $208,559.13. 

:Mr. HENDERSON, of Iowa. That is what they spent on their property. 

Mr. HEMPHILL. No, it is what they spent upon the streets themselves in preparing for this improvement. . Mr. HENDERSON, of Iowa. It is what was spent upon their property on both sides of the proposed line. 

Mr. HEMPHILL. Well, I do not know about tha.t. 

l\ir. HENDERSON, of Iowa. I do. 

Mr. TAULBEE·. i want to say thatifthe "contributions" referred 

to by the gentleman from South Carolina consist of improvements that 

have been going on upon the property of these "syndicates," grading 

the streets and laying off their property in town lots; if that is what 

the gentleman means by "contributions," it bears quite a different 

complexion from what I had understood. I had supposed these con- tributions were expen<ied upon streets of the city where people live. I 

could infer nothing else from the answem which the gentleman gave to 

questions ofthe gentleman from Iowa [Mr. HENDERSON]. If t-he nature of these contributions has been what is now st.ated, I do not think 

the contributions have been very direct. · · 

Mr. WILSON, of West Virginia. Mr. Speaker--

Mr. HEMPHILL. I would like to say--

The SPEAKER pro tempore (Mr. RICHARDSON). The Chair bas 

recognized the gentleman from West Virginia [Mr. WILSON]. 

Mr. HEMPHILL. I do not think I have yielded the floor. 

The SPEAKER pro tempore. The Chair so understood. 

Mr. HEMPHILL. I stated to the gentleman from Kentucky [Mr. 

TAULBEE] that I still claimed· the floor. · 

Mr. TAULBEE. I did not understand that I orcupied the floor in 

my own right, but only by the courtesy of the gentleman. 

Mr. HEMPHILL. If the gentleman from West Virginia desires to 

speak, I will yield to him. How much time does be desire? • Mr. WILSON, ofWest.Virginia. Not over five minutes. 

Mr. HEMPHILL. . I yield to the gentlma n. 

Mr. WILSON, of West Virginia. Mr. Speaker, I have not risen to 

oppose this bill, because I do not know enough about the facts con- nected with this proposed improvement to j nstify me in arguing against 

it upon this floor. So far as my ignorance of the matter is concerned 

I can only say that having been intimately connected during the last 

two Congresses with the business matters of the DistrictofColumbia, 

and having during that time, as I supposed, had brought to my attention almost all the improvements that were really called for by any 

public necessity, I did not until this Congress, and until the report of 

this committee, hear anything about the project now before the House. 

Without any personal knowledge, ..however, as to the necessity for the 

construction of this bridge, I do know this one fact, that the citizens' 

cominittee of one hundred, a representative committee organized by 

the people of this District to represent and care foi: the interests of all 

sections of the District, an organization which is about the only advisory body in the District from which we can get any information as to the views and wishes of the people who pay the taxes-I do know 

the fact that this committee bas unanimously adopted a resolution opposing the present construction of this bridge. That committee, I am 

also informed, ~esires further time in which to be heard before the 

Committee on the District of Columbia in opposition to this bridge. I 

am also informed that the chairman of the subcommittee on the District,, the gentleman from Michigan [Mr. BREWER], I believe, has received from Mr. Fendall, the chairman of the citizens' committee of one hundred, a letter expressing his opposition to the construction of 

the bridge at the present time. 

Now, in view of all these facts; in view of the fact which has also 

been stated by one or two gentlemen here, that this bridge is to be 

located in a portion of the District not yet thickly settled, where there can be no pressing demand for the immediate building of the bridge 

because of any considerable population; in view of the fact that this 

organized body of citizens has lmanimously opposed it at the present 

time, I have simply :risen to suggest to my friend from South Carolina 

and to the gentlemen of his committee, in whose judgment I have great 

confidence, so that I would ordinarily follow them blindly, that this 

matter be allowed to go over until the next District of Columbia day, 

in order, first, that the citizens' committee of one hundred may have full 

opportunity to present before the Committee on the District of Col umbia the grounds of their opposition to this measure, and in order also 

that members like myself may have opportunity meanwhile to form an independent judgment as to the necessity of the present construction of this bridge. . · Mr. TAULBEE. And at least find out where it is. 

Mr. HE fPHILL. 1\Ir. Speaker, I think the committee bas given 

these gentlemen who are opposed to this measure every opportunity to 

be heard which they can reasonably ask. But, of course, this com- mittee bas had other things to do besides listening to the people of the 

District of Columbia. Jt is one of the peen liarities of the people here, ·and it may be they are not singular in this respect, and there are other 

people who lmve the same peculiarity, but there is not a proposition 

which has been presented to us to expend money in any part of this 

District but others come to the committee and oppose it, and insist the 

money should be spent, not where the committee propose, but in some other direction. I think that is the 1·esuU of the experience of members very generally who have served upon this Committee on the District of Columbia. 

I say, Mr. Speaker, that we gave this matter our personal examination, and came to the conclusion it was a proper measure. The co'Jlmissioners of the District are of the same opinion. We have received petitions from persons who are interested and persons who are not interested in the property of the District. So far as we have been able to 

discover, there is no objection stated to the proposition, except on the · part of people who live in other parts of the District and who think 

the money should be spent in their· section. Perhaps that is natural, 

although it is necessarily selfish. 

I wish now to yield some time to the gentleman from Michigan [Mr. 

BREWER] who submitted this report from the Committee on the District of Columbia. 

Mr. TAULBEE. Before the gentleman takes his seat I wish to ask 

him a question-whether this committee of one hundred represented 

the northwest part of this city as well as other portions of the District? 

Mr. HEMPHILL. I will only say, Mr. Speaker, that I do not know 

where these gentlemen came from, but I have understood that they came from every portion of the District. At the meeting to which I 

have already made reference, sixty out of the one hundred were present, 

and they act~d upon the resolution without any discussion, and without reference to any committee for the purpose of investigating the matter and without any report upon it. According to the newspaper account of the proceedings of the meeting it was put through without any 

report. We know bow things of that sort.are done, as legislation ref· 

quently goes through the House without anybody in particular being 

responsible for it. After that meeting we beard all who had taken part 

in opposition to this measure, and every man who was opposed to it 

alleged as the only ground for his opposition, that he wished the money 

might be expended somewhere else than where the Committee on the 

District of .Columbia, and the commissioners of the District, thought 

it should be expended. 

Mr. TAULBEE. Do the commissioners recommend the passage of • this bill? • Mr. HEMPHILL. Yes, they do recommend this bill. I now yield 

to my colleague on the committee, the gentleman from Michigan [Mr. 

BREWER). 

Mr. BREWER. 1\ir. Speaker, being a member of the Committee on the District of Columbia, and having been instructed by that committee 

to report this bill favorably to the House, I feel it to be incumbent upon 

me to present my reason for favoring its passage. 

I am somewhat surprised at the remark made by the honorable gentlemanfrom WestVirginia[Mr. WILSON], whosayshewasamemberof 

this committee, I think at the last session of Congress,. and that among 

the various improvements suggested in this District he never heard 

this one proposed. If that is so, it only shows his inattention to the 

reeommendations contained in the report of the commissioners of the 

District. 

Mr. WILSON, of West Virginia. I did not say that I was a mem- ber of the Committee on the District of Columbia at the last session, 

but that I was a member of the Committee on Appropriations, having 

charge of the District matters. 

1\Ir. BREWER. I understood the gentleman to say that be was a 

member of the Committee on the District of Columbia at the last session. 

Mr. WILSON, of West Virginia. No; not at the last session, but 

I was a member of the Committee on the District of Columbia in the 

Forty-eighth Congress. 

1\fr. BREWER. Now, in the report of the commissioners of the District for 1886, they specially recommended the construction of this bridge, 

and they repeated that recommendation in their last annual reP.ort. 

I am somewhat surprised gentlemen are sow~ling and so anxioUB to 
.-

1888. CONGRESSIONAL RECORD-HOUSE. 1165 

criticise the judgment as well as the work of th.e District Committee. 

Some of us know with what trial, with what labor, with what perse- verance the honorable Speaker of this House labored four long weeks 

to find amongst the members of this House of Representatives thirteen 

gentlemen to whom could be intrusted the affairs of this District; and 

he succeeded in finding twelve. It was thought, at that time, the 

great difficulty wast{) make up the Committee on Ways and Means, 

but I think the House has generally come to the conclusion it requires no very able body of men to frame a tariff bill if they can do it in secret 

session. [Laughter.] Everybodyknewwho was to be at the head of 

the Committee on Appropriations, and so in due time the honorable 

Speaker appointed those who were to constitute the Committee on the 

District of Columbia. 

Now, Mr. Speaker, this bill was presented, I know not by "thorn, to 

the Committee on the District of Columbia. It was referred to a subcommittee of which I was a member. We went and inspected the location of this proposed bridge. We made our report to the committee. 

The whole committee inspected the location of the bridge, and they 

came to the conclusion that it was right and proper to reeommend its 

construction. 

The course of Rock Creek where this bridge is proposed to be con- stracted is at the bottom of a deep declivity. There are high banks on each side. There is a bridge there now, but it.is near the water, and 

those who travel that road are compelled to go up and down these high 

embankments. It is one of the leading roads through the northwestern 

portion of the District leading into the State of M..-'1ryland. Every single 

member of the committee who inspected the location came to the con- clusion, immediately almost after inspection, as a business matter, in 

the interest of the, District, and in the interest of the public, it was necessary that it should be constructed farther from the water so as to 

do away with the steepness of the bauks of the creek and make the 

travel over the bridge easier and more convenient. 

Now it is doubtless true, sir, that there are men who own lands out 

beyond that creek which they have bought and bold with tb~ expectation of improving in value, so that when they are divided into lots and 

put upon the markettheywillmakemoney by the improvement. That 

may be aU very true; and doubtless these lands will be increased in 

value by this proposed bridge. 

But, in coming to the conclusion the committee did, we regarded it as wholly unnecessary and irrelevant to consider what these men might 

have done heretofore or what will be the results upon their property 

in the future. We were concerned only with the question of what was the public interest. It is, as all admit, desirable for the public interest 

and convenience that this bridge shall be constructed, and that consideration was what influenced the committee. 

Now let us see what will be the effect of its construction. .A.re we to be prevented 1rom making improvements of a public character in 

the District of Columbia because perchance it might enhance the value 

of some man's property who bought it for speculative purposes in tim~ 

gone by, and lose sight of the 1act that such needed improvement is 

demanded by the public necessities? Our attention has been called 

to the report or resolutions of the committee of citizens,· the committee 

of one hundred, as it is called, of this District. 

Ten years ago, when I was here in this House, we were asked to pass 

an appropriation bill for the purpose of constructing a public building 

in the District of Columbia, and I apprehend that since that time during every Congress the same question has been under consideration in 

the House. Why has that bill not been passed? Everybody knows 

that it was necessary; but it was not passed for the simple reason that 

the citizens' committee of one hundred could not agree upon a site; the 

District people themselves were divided on the question, and hence the 

appropriation was never made. Why? Because the moment you 

talked of putting up this building every man wanted it next to his 

own door for the benefitofhisprivateproperty; and it is so in every improvement we attempt to appropriate money for at this time, and will 

be so, I am satisfied gentlemen will find, during the remainder of this 

session of Congress. But, Mr. Speaker, the committee could not stop 

to consider these things. Shall we say that we are not going to construct a. bridge or open a street because at the end of the street or on the other side of the bridge somebody, a. syndicate, if you please, bas 

got hold of some of the land and is going to cut it up and sell it out in 

town lots, and the public expenditure which Congress makes is going 

to enhance its value? If we adopt that rule we shall make no improTements this year or hereafter. 

I have had some experience in municipal affairs: I know that no improvement ever was made in one direction that there were not objections in the other, .A.s a business enterprise, supposing that there 

be a syndicate holding lands on the other side of Rock Creek to-day, 

it is now taxed as country property, at a rate one-third or more less 

than city property; but if this bridge is built the assessed value of the 

property beyond the creek will be enhanced, or rather the rate will be 

increased to such an extent that the city will derive more than double as much revenue from taxes as at present. Suppose there is such a tract 

of land there and it is cut up into lots and sold out and buildings are constrncted upon these lots, the tax rule is then applied there that is 

applied here in the city, and, of course, the assessment and the rate of 

taxation will be raised accordingly. I think, therefore, as a business 

man, examining this question with that end in view, that by the con- struction of this bridge the increased value of property on the other side 

of Rock Creek, the enhanced value when we come to assess the property 

for purposes of taxation, will be so great that it will more than pay the 

cost of the construction of the bridge inside of tbree years. 

I ask consent to append to my remarks some letters bearing upon this 

subject. · 

There was no objection. 

The letters are as follows: 

Hot:SE OF REPRESENTATIVES, Washington, D. 0., Fel»-uary 9, 1888. 

1\IY DEAR Sm: I see by the morning papers of yesterday that at a. meeting of 

the citizens' committ~e of which you were chairman, held on the evening pre- vious, among other things discussed and considered was that of the proposed 

bridge over Rock (;'reek, on the Woodley Lane road, so called, and that at such 

meeting resolutipns were passed in opposition to the construction of such bridge. It was stated, according to the reported proceed.ings in the press, that there was a. "job of the first water" connected with such proposed bridge matter. The 

bill in question for such bridge having, under the direction of the Committee on the District of Columbia., been favorably reported to the House by myself, I should deem it a very great favor if you or your committee or any other-citizen 

in the District of Columbia would communicat~ to the chairman of said com- mittee or myself personally any information which you or they may possess tending in any manner to show that there is a "job" of any kind connected 

with the proposed construction of the bridge in question. Before said bill was reported to the House the location of the proposed brid~e was visited and care- fully inspected by nearly every member of the committee on District affairs, and 

the construction of such bridge was deemed necessary and in the interest of the 

public generally. There will be a meeting of the Committee on the District of 

Columbia. to-morrow, Friday, at 11 o'clock, and I will guaranty that any mem- ber of your committee shall be heard touching the matter in question, if the ~>ame shall be desired. I have the honor of remaining, very truly, yours, M. S. BREWER, Member of District OommiUee. REGINALD FENDALL, Esq., . Chairman Oi.tizens' Oom1nittee, Washington, D. 0. 

CITIZENS' REPRESENTATIVE CoMMITTEE OF ONE HUNDRED, 

DISTRICT OF CoLUMBIA, - Wa,shington, D. a., February 10, 1888. 

.DEARSm: Your esteemed favor of yesterday, having reference to the proposed 

construction of a new bridge over Rock Creek, on the Woodley Lane road, and 

the action of the citizens' committee of one hundred, was received last night. In reply I have to state that I was called away from the meeting of the com- mittee before the close of its session on Tuesday night, and the proceedings re- ferred to by you took place in my absence. It is impossible to communicate with the citizens' committee in time to ar- mnge for a hearing before your committee this morning. 

The citizens' committee will hold its next meeting on Tuesday evening, the 

14th instant, when I will present your communication. I a.m sure they will be 

pleased to accept your courteous invitation, and, if it is agreeable to your com- mittee, make arrangements to appear before them on Friday, the 17th instant. I will thank you to inform me if this suggestion meets with your approval. I have the honor to be, very respectfully, your obedient servant, 

REGINALD FENDALL, 

President Citizens' Representative Committee of Oae Hundred. 

Ron: l\IARK S. BREWER, 

Member of District O<»nmiUee, House of .Representatives. 

HOUSE OF REPRESENTATIVES, UNITED STATES, 

Washing/on, D. 0., Februa?-y10,1888. 

MY DEAR Sm: Your letter of the above date is just received, and the same has been considered by the whole committee. I am directed by the committee to inform you that the subcommittee which has the subject-matter in charge 'Yill meet on Monday morning next, at half past 10 o'clock at the rooms of the 

Committee on the District of Columbia, for the purpose of hearing any and all persons who may desire to be heard in opposition to the construction of the 

proposed bridge over Rock Creek. We beg that you will notify Mr. Dodge and 

such other persons as may feel an interest in the subject-matter. It is not con- venient for the committee to postpone the consideration of the matter to alat~r 

day. · I am ve1·y truly yours, 

REGINALD FENDALL, Esq. 

l\1. S. BREWER, of District am.,mittee. 

CITIZENS' REPRESnNTATIVE ColiiMITrEE OF ONE HUNDRED, • DISTRICT OF COLUMBIA, 

Washington, D. 0., February 11, 1888. 

DEAR Sm: I have to acknowledge the receipt of your favor of yesterday, informing metbat your subcommittee will meet on Monday next at 10.30 o'clock, 

and requesting me to notify Mr. Dodge and such others as may feel an interest 

in the pending bill for the construction of a bridge over Rock Creek on Woodley Lane rt>ad. . The citizens' representative committee of one hundred is composed of delegates chosen by local citizens' associations, which cover the entire District or Columbia.. It was intended (and is) to be thoroughly representative and impartial in its constitution. · One of the rules of the committee forbids any of its officers or members to ap- pear before any committee of Congress, except when specially authorized and 

directed to do so by order of the whole committee. I have therefore to regret 

that I am unable to comply with your request to have the committee officially represented before you on Monday next, as the committee of one hundred has 

given no such authority in this case, and it is impossible for our committee to hold a meeting before Tuesday evening next. I find from the record that the preamble and resolution having reference to an appropriation for the construction of said bridge was offered by a delegate from 

the northwest section of the city, was quite fully debated, and then passed with- out a. dissenting voice. 

It must therefore stand as an expression of the deliberate judgment of the 

committee, unless reconsidered and modified by that body. 

As this matter has attracted some public attention, I shall feel it to be my duty on Tuesday next to present your correspondence to the committee of one hundred, with the recommendation that they take steps to have a. report pre- pared which shall fully set forth the reasons for their action in the premises. I have the honor to be, very respectfully, your obedient servant, 

REGINALD FENDALL, 

President Oitizens' Representative Committee of One Hund1·ed. 

Hon. 1V!ARK S. BREWER, House of Rep1"esentativcs. 
1166 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 13, 

Mr. HEl\lPHILL. I now yield five minutes to the gentleman from 

Dlinois [Mr. ROWELL]. 

MI·. ROWELL. This improvement, in the judgment of the members 

of the committee ·who examined it, is one which is imperatively demanded. This is one of the improvements recommended in 1886 and 

again recommended this year. 

It probably will benefit the section of country beyond where it is to 

be located. If it did not confer some benfit it is an improvement that 

ought not to be made. If you spend the public money where nobody 

will be benefited by the expenditure you spend thepublic money uselessly. 

Now, between the P street bridge and Klingle's Ford this is the only 

crossing of Rock Creek. It shortens the distance for people coming in 

from the Maryland side, that portion of the country adjacent to the 

city, some 2 miles. If you give them a decent road and a decent crossing, which is demanded by every consideration of economy, they gain 

this advantage. Itis also demanded by considerations of the improvement of public property; and I do not hesitate to declare that the construction of this bridge will :tdd to the taxable value of property beyond 

that. point sufficient to pay back into the Treasury the whole cost of it 

within a very few years. 

It is simply a question of getting the grade of a road that people can 

travel over . 

.Another consideration is that the people beyond it themselves are 

now demanding it. It is said thatacitizens' committee resolvedafew 

nights ago against it. Now, it is true that the president of the meeting bad left, and in violation of the rules of the committee a motion 

was made by a certain gentleman to oppose this bridge, and by another 

gentleman a single remark was made upon the subject in opposition to it. 

These two gentlemen were before the subcommittee to-day and bad 

ainp1e opportunity to explain what they meant. They simply meant 

that if we did not have money enough on hand to build school-houses 

and improve the streets inside of the city, therefore we ought not to 

spend money outside. . Another member of the citizens' committee, an influential member, 

living in East Washington, cn.me before the subcommittee and denounced 

the action of the citizens' committee as pulling back in the traces, as 

opposed to public improvements, and declared if that was to be the action of the citizens' committee he would wash his hands of it and withdraw. That is the situation. · 

[Here the hammer fell J 

Mr. HEMPHILL. Unless some further discussion is desired, I will 

now call for the previous question. -

Mr. HENDERSON, of Iowa. I should like to make a few observations. 

Mr. WILSON, of West Virginia. I suggest to the gentleman-from 

Iowa to take the floor in his own right. 

Mr. HENDERSON, of Iowa. Am I entitled to take the floor in my 

own right? · 

The SPEAKER pro te-mp01·e. The gentleman from South Carolina 

[Mr. HEMPHILL] is entitled to the remainder o£ his time. 

Mr. HEMPHILL. How much time have I remaining ? 

The SPEAKER pro tempore. The gentleman has twenty minutes of 

his time remaining. ' 

:Mr. HEMPHILL. How much time does the gentleman from Iowa 

desire? 

Mr. HENDERSON, of Iowa. About eight or ten minutes. 

Mr. HEMPHILL. I yield the gentleman from Iowa eight minutes. 

Mr. McADOO. Before the gentleman from Iowa proceeds I wish to 

ask the gentleman from South Carolina a question. Is it proposed to 

build a.railroad to this bridge? 

l\Ir. HE.MPHIL~. There is a railroad which will cross over the 

bridae on its return trip, if built. 

Mr. HENDERSON, of Iowa. I do not rise to oppose the bill on its 

merits. Still I am not prepared to vote for it; and if driven to vote upon 

it now I will oppose its passage by any method that is legitimate. I 

think the request of the gentleman from West Virginia should be complied with to giv-e us till next District day an opportunity to investigate and look into this question. 

I know enough through my relations with the District by being a 

member of the subcommittee of the Committee on Appropriations 

having charge of District appropriations-! know enough in that way 

about real-estate jobs in that part of the city to make me feel no hesitation in saying that I am full of the idea that there is a great deal more 

in this than has yet been developed. 

I agree with the gentleman from Illinois [Mr. ROWELL] that improvements should be made in the District of Columbia. There is 

needed to-day the expenditure of millions of dollars by way ofimprovements, and I have not been backward, as a member of the .AJlpropriationsCommittee, in giving the District needed money. But I have stood 

here on this floor demanding that the substantial interests now planted 

in thls city and District shall first be considered before Congress becomes the instrument of a real-estate ring. There may be no such ring 

back of this movement. I make no charge of that kind now. But I 

unite with my friend from West Virginia in asking for reasonable time 

to give the citizens and to give this House an opportunity to thoroughly 

investigate this question. 

There are large trads of country outside of the boundary that need 

money-very much money. The District Commis ioners have come 

before us in this Congress asking for more money for improvements 

than they have ever asked for before; improvements in rich, thickly 

populated parts of the city and District outside of the city. Before, 

then, reaching out towards this region which has been Illilrked, tracked 

and retracked by the keen eye of the speculator, I think this House 

should be in possession of full knowledge of the facts instead of voting 

through this bill at this time. _ 

.Those of us who are not prepared to-day to vote for this measure because we know something of these operations, only ask for time to give the 

question a fnll and fair investigation, and that the people shall be fully 

and fairly heard. We ask that the consideration of the bill shall be 

deferredforonly a month, until another District day, when you will have 

a whole day to control it. Why should this bill be driven through now 

by whip and spur simply because a few interrogation points have arisen 

in regard to it? The light can do no harm, if this be something that 

can stand the light. I hope it may be of that character. But until satisfied it is so, I for one can not give approval to the bill. I have great 

feara in regard to its purposes, and I am absolutely clear that those 

$35,000 can be planted to better &.dvantage in other parts of the city 

and District than in putting a bridge across Rock Creek. That is all I 

desire to say at this time. 

Mr. HEMPHILL. I think it is unfair to the committee--

1\Ir. HENDERSON, of Iowa. Will the gentleman from South Carolina permit me jnstanother word? 

:Mr. HEMPHILL. Yes, sir. 

lr. HENDERSON, of Iowa. I do not want the gentleman from 

South Carolina, or any member of this committee, to think I impugn 

their motives or reflect on them in any way. But, like the gentleman 

himself, a"!ld like his colleagues, I have been, without my own desire, 

thrownintotheinvestigationoftheseDistrjctmatters;havebeenbrought 

in contact with them; have been taken out in carriages to these vicinities, and have seen that region of country; and it iB because of my 

knowledge of it that I seek to throw this warning before the House in 

conjunction with the gentleman from West Virginia, who was chairman of the subcommittee of the Committee on Appropriations in regard to the District bill in the last Congress; and I do not want the 

gentleman now to think that I am casting any reflection on him. I 

simply make a request that seems to me a reasonable one, when I ask 

him to let the bill stand over till next District day, when we will have 

had time to investigate it. 

:Mr. HEl\IPHILL. The gentlellilln from Iowa [Mr. HENDERSON] 

said he did not know why this should be driven through under whip 

and spur. I would like to know who is try:\ng to drive it through 

under whip and spur? It was among the first of the bills introduced 

in the House, and gentlemen have had from the date of its introduction up to the 13th of February to examine and consider it. The b'll 

was reported by a subcommittee, and a week was allowed for the general committee to examine the subject and the premises if they saw fit. 

They made their investigatiDn and made their report, and then, after 

that, we gave the citizens' committee of one hundred a full hearing 

this morning, and I assert here that the representative of that committee, who made the principal speech, stated himself that the real question was whether the money should be spent in this portion of the city 

or somewhere else. 

Now, it is very unfair to our committee and to every man who desires to support this bill to say that we are attempting to put it through 

under whip and spur. So far as I am concerned the bill comes up in 

the regular way; it comes up after three or four other bills have been 

considered, when it might ha\e been brought up the first bill to-day 

if we had seen fit. It is here like any other bill upon this Calendar, 

and the question is whether or no the House will stand by what their 

committee have reported unanimously, except a reservation by one of 

the members of the right to object if he should see fit, and that member, by the way, is not present to-day. It is for the Honse to determine whether they will reject a measure which has been reported 

almost unanimously by the District Committee, which has received 

the recommendation of the District commissioners, and against which 

no >alid objection has been urged. 

As to the suggestion that this bridge will benefit somebody, that is 

true. The Aqueduct bridge, for which we appropriated $125,000, will 

benefit somebody. • So will every other public improvement that is 

made. The question here is simply whether the policy shall be ca.rried out of providing some convenient means of communieatiou between the city and the surrounding country. So far as I am concerned 

I have no hesitation in sayin~ that this is a proper and legitimate ex- penditure of public money, and that is the sentiment of the co.mmittee. It it; for the House to detennine whether they will authonze the 

expenditure now or will postpone it until another time. So far as I 

am concerned they have it in their own hands. 

Mr. :McADOO. .A few minntes ago I called the attention of th:e 

gentleman from South Carolina [Ur. HEMPHILT.-] to the fact that 1t 

I 
188'8. CONGRESSIONAL RECORD-HOUSE. _11 67 

was contemplated to build a raihoad which would cross this proposed 

bridge. Mr. HEUPHILL. Yes, sir. 

Mr. McADOO. Will the gentleman kindly inform the House what 

arrangements will be made with the railroad company for the use of 

the bridge? Will they be required to pay for it, and under whose supervision and control will they be allowed t{) use the bridge? 

Mr. HEMPHILL. Under the charter as proposed this railroad will 

be taxed 4 per cent. upon its gross earnings toward meeting its share of 

the expenses of the District; and in addition to that there is a provision that under no circumstances shall their dividends e~eed 10 per 

cent., and if they do, then the commissioners are to have the right to 

reduce the rate of fare. 

1\fr. McADOO. Under what lawwill the road be authorized to cross 

the bridge? 

Ur. HEUPJIILL. Under the charter. 

Mr. 1\Ic.ADOO. So you get the bridge before the railroad? 

Mr. HEMPHILL. Well, sir, it is not we that get it. We have 

nothing to do with it., and I think it is very unfair to insinuate that the 

committee has any interest in this matter. 

l\Ir. McADOO. I do not for one moment make such an insinuation. 

I have the highest respect for the committee and for its chairman. 

Mr. HEMP HILL. I have no interest in it whatever, and the House 

can kick out both the bridge and the railroad bills so far as I am personally concerned; but it is a very strange thing that people who live 

here can not ask to have a railroad built or a bridge constructed without some gentleman supposing that there is a "ring" or a "job n connected with it. 

1\Ir. HENDERSON, of Iowa. 'rhe gentleman knows that there is some ground for those suspicions. 

Mr. HEMPHILL. So far as I know there ia not. 

l'IIr. HENDERSON, of Iowa. Then you have not watched District 

affaira very closely. 

:Mr. HE:t\.fPHILL. Yes, I have watched them with a good deal of 

care for two years past. I say, of course, that if this bridge is built 

somebody will undoubtedly make some money out of it, and so if any 

stone is laid apywhere somebody is quite certain to profit by it. 

Mr. HENDERSON, of Iowa. I think there is no body of men anywhere who are so much pressed and purSued under plausible pretexts 

to get legislation in the interest of speculators as the members of this 

House. Of course it is never urged on that plea. 

Mr. HEMPHILL. There is no doubt that there are a good many 

people in this country who want to have the public money expended 

for their benefit, and, the' committee of one hundred being composed 

of people of this District, it is fair to suppose that the members of that 

committee are influenced by substantially the same motives that influence the people who are outside of that body. They want money 

spent in the eastern portion of the city. They complain that in the 

past they have not had a fair sha1·e of the public money that has been 

expended, and perhaps they have not; but that is no reason why a measure of public necessity should be slighted or rejected. 

Mr. EZRA B T.A YLOR. .Admitting that this proposed bridge js a 

good thing and a public benefit, did the committee consider the question 

whether the money is as much needed for that as it is for other purposes in other parts of .the city? Has that Comparative investigation 

been made? 

1\fr. HEMPHILL. Well, sir, we heard arguments by gentlemen 

who represented the different conflicting views, and we came to the 

conclusion that this was a proper thing to ask the House to do. .As 

I believe the House is ready to vote, I call for the previous question. 

1\Ir. HENDERSON, of Iowa. Will the gentleman permit just one question more? 

J!I.Ir. HEMPHILL. Certainly. 

Mr. HENDERSON, of Iowa. Since the Commjttee on the District 

of Columbia has only been able to finish its investigations this morning, and the bill is sought to be passed to-day, can the gentleman blame 

members for desiring a little more time to look at it? 

1J~r. HEMPHILL. I do not want gentlemen to 'Q.llderstand that I 

blame them. I am simply here to put through the business of. the 

Hou::e. If members think they ought to have more time, of course 

they are entirely at liberty to vote that way. 1\Iy only concern is to 

get through the public business. I call for the previoUB question. 

The SPEAKER pro tempore. The question_ is on agreeing to the 

amendment proposed by the Committee on the District of Columbia. 

Mr. HEMPHILL. Does the Chair understand that I asked the previous question on the bill and pending amendment? 

The SPEAKER pro tempore. The gentleman from South Carolina 

calls for the previoUB question on agreeing to the amendment, and on ordering the bill to be engrossed and read a third time. 

Mr. HENDERSON, of Iowa. I rise to a parliamentary inquiry. Is 

a motion to recommit in order at this time? 

The SPEAKER pro tempore. .After the bill has been ordered to be engrossed and read a third time the motion to recommit will be in order. 

The previous question was ordered; and under the oneration thereof 

the amendment proposed by the Committee on the District of Columbia was agreed to. 

The bill as amended was ordered to be engrossed and read a third 

time; and it was accordingly read the third time by its title. 

Mr. HEUPHILL. I call for the previous question on the passage of 

the bill. _ 

Mr. HENDERSON, of Iowa. I now make my motion to recommit. 

The SPEAKER pro tempo1'e. The gentleman from South Caroli.na 

demands the previous question on the passage of the bill, pending which 

the gentleman from Iowa moves to recommit the bill to the Committee on the District of Columbia. 

The question being taken on the motion to recommit, there wereayes 19, noes 99. 

Mr. HENDERSON, of Iowa. No quorum. 

The SPEAKER pro tempore. The point being made that no quorum 

has voted, the Chair will appoint as tellers the gentleman from South 

Carolina [Mr. HEMPHILL] and the gentleman from Iowa [Mr. HENDERSON]. 

. The House again divided, and the tellers reported-ayes 17, noes 148. 

So the motion to recommit wag not agreed to. 

The SPEAKER pro ternpm·e_ The question now recurs on the demand for the previous question upon the passage of the bill· 

Tbe previous question was ordered. • 

Mr. HENDERSON~ of Iowa. :Mr. Speaker, is it now in order to 

demand the teading of the engrossed bill? 

The SPEAKER pro tempore. The gentlemen from Iowa has the 

right to have the engrossed bill read, if he insists upon it. 

1\Ir. HENDERSON, of Iowa. I do. 

Mr. HEMPHILL. I WISh to ask for information whether the previous question has not been ordered on the passage of the bill? 

The SPEAKER pro tempore. It has been. 

Mr. l!IILLS. That will carry this bill over as unfinished business if 

the House should now adjourn. 

The SPEAKER pro tempore. That carries the bill over as unfinished 

business. 

Mr. HEMPHILL. Is it not too late to demand the reading of the 

engrossed bill? 

Mr. HENDERSON, oflowa. Itistoolateforthegentlemantomake 

that point. 

Mr. HEl\IPHILL. The engrossed bill has been read, I believe. 

Mr. HENDERSON, of Iowa. No, it has not. 

Mr. HEMPHILL. Then it was not read because the reading was 

not demanded, and it is now too late to call for it, as the question is on the passage of the bill. 

The SPEAKER pro tempore. The gentleman from Iowa made the 

point, the Chair sustained it, and no exception was taken. In the 

opinion of the Chair, the gentleman from South Carolina is now too 

late in raising the question. 

1\Ir. HEUPHILL. The gentleman from Iowa was too late. , 

The SPEAKERp1·o tempore. The gentleman from Iowa made his 

point in time. 

l!Ir. HEj\1PHILL. I slesire to inquire whether, if we now adjourn, 

the bill will come up to-morrow or on the next District day? 

Mr. HENDERSON, of Iowa.. Tha.t question had better be determined hereafter. 

·Mr. O'NEILL, of Pennsylvania.. Mr. Speaker, presuming that this 

bill will come up as unfinished business to-morrow, I merely desire to 

suggestMr. HE mERSON, of Iowa. I move that the House adjourn. 

The SPEAKER pro tempore. The gentleman from Pennsy 1 vania [l\Ir. 

O'NEILL] is occupying the :floor, as the Chair understands, upon a parliamentary question. · 

:Mr. O'NEILL, of Pennsylvania. Of course, I do not desire to obtrude my opinion upon the Chair on a question of order, but I presume 

this bill will come up to-morrow as unfinished business if ~e adjourn 

now. If the gentleman from Iowa chooses to insist upon an adjournment when we are just about to pass a bill which he knows must inevitably pass, and which should pass in justice to the people living in 

that portion of the District to which it relates--

:&Ir. HENDERSON, of Iowa. I rise to a point of order. The lecture 

of the gentleman from Pennsylvania to me js not a parliamentary in· quiry. I. move that the House do now adjourn. -

The SPEAKER pro tempore. The question of order of the gentleman 

from South Carolina is pending. The gentlem..'tn from Pennsylvania 

addressed the Chair, and the Chair desired to hear what the gentleman 

had to say on that point. 

1\fr. O'NEILL, of Pennsylvania. I do not wish to discuss the question of order. 

1\Ir. HENDERSON, of Iowa. If the gentleman does not wish to 

discuss the question of order then he is out of order, and I move that 

the House do now adjourn. 

The SPEAKER pro tempore. The gentleman from Iowa has not the 

floor to make that motion. 

Mr. HENDERSON, of Iowa. , The gentleman from Pennsylvania 

says he does not wish to discuss the point of order. 

The SPEAKER pro tempore. The gentleman from Pennsylvania will 

proceed. 

lli. O'NEILL, of Pennsylvania. In reply to the gentleman from 
1168 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1_3, 

Iowa, I wish to say that by the vote already taken this Honse has ex- pressed itself to be decidedly in favor of the passage of the pending bill. 

The bill is fairly before the House, and it has been fairly argued. 

Mr. HENDERSON, of Iowa. I rise to a point of order. 

The SPEAKER pro tempore. The gentleman will state his point of 

order. 

Mr. HENDERSON, of Iowa. The gentleman from Pennsylvania 

rises to discuss the question of order, and instead of doing so proceeds 

to give me a lecture, which, in my judgment, is not in order. [Laughter.] - Mr. O'NEILL, of Pennsylvania. Does not this bill come up as the 

unfinished business to-morrow? 

The SPEAKER pro tempore. In the opinion of the present occupant 

of the chair, the previous question having been ordered, the bill does come up as the unfinished business to-morrow morning, after the reading of the Journal. At that time the Speaker of the House will occupy 

the chair, and can decide whether it comes up then in order or goes over as the unfinished business of the next District day! 

Mr. DINGLEY. As this is District day does not the unfinished busi- ness of to-day go over under th~ rule to the next District day? 

The SPEAKER pro tempm·e. The Chair is under the impression, as the previous question has been ordered, the bill comes up to-morrow after 

the :~;eading of the Journal. 

Mr. HENDERSON, of Iowa. The Chair does not decide that question, but leaves it to the Speaker to decide.· The SPEAKER p1·o tempore . . · It has been the practice of the House, as 

gentlemen will remember, when the previous question has been ordered on a bill on Friday, that bill would come up upon the Monday following or the next day, after the reading of the Journal. The Chair holds 

this bill will come up to-morrow, and, as he has already stated, the 

Speaker will occupy the chair in the morning and can decide the matter for himself. 

Mr. CANNON. I do not understand the previous question has been 

ordered. 

Mr. HEMPHILL. Yes, it has. 

Mr. CANNON. On the final passage of the bill? 

The SPEAKER pro tempm·e. The previous question has beer. ordered . ·on the passage of the bill. 

Ur. COMPTON. Do I understand the Chair has decided that the 

gentleman bas the right to call for the r~ding of the engrossed bill? 

The SPEAKER pro tempore. The Chair has so decided. 

Mr. COMPTON. I appeal from the decision of the Chair. 

The SPEAKER pro tmnpore. It is too late. 

Mr. HEMPHILL. As to the point of order, the Chair ruled against me before I bad an opportunity to be heard; but as it has been decided 

that this bill will come up as the first business after the reading of the 

Jownal to-morrow, I think the proper thing now to do is for the House 

to adjourn, and I therefore submit that motion. 

LEA YE OF ABSENCE. 

:Mr. ANDERSON, of Kansas, was granted leave of absence -for to-day 

and until the return of the Special Committee on Labor Troubles in 

Pennsylvania. - LAURA L WALLEN. 

On motion of Mr. BLISS, by unanimous consent, leave was granted 

for the withdrawal from the files of the Honse, without leaving copies, 

of the memorial of Laura L. Wallen. 

EMPLOYES AT PRESIDENTIAL POST-OFFICES. 

Mr. FUNSTON, by unanimous consent, introduced a bill (H. R. 721.3) 

to designate, classify, fix the salaries, and regulate the appointment 

and employment of officers, clerks, and employes at Presidential postoffices; which was read a first and second time, referred to the Committee on the Post-Office and Post-Roads, and_ ordered to be printed. 

THREE-DOLLAR GOLD PIECES. 

· :Mr. BLAND, by unanimous consent, introduced a. bill (H. R. 7214) 

to prohibit coinage of three-dollar gold pieces; which was read a first 

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

Measures, and ordered to be printed. 

SAULT STE. MABIE VILLAGE. 

Mr. CUTCHEON, by unanimous consent, introduced a bill (H. R. _ 7215) to confirm certain lands to the village of Sault Ste. Marie; which was read a first and second time, referred to the Committee on Private 

Land Claims, and ordered to be printed. 

1\.IESSAGE FROM THE ·sENATE. 

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

that the Senate had passed bills of the following titles, in which the 

concurrence of the House was requested, namely: 

A bill (S. 279) making appropriations for the purchase of ground 

and the erection thereon in the city of Washington of a building to be 

used as a hall of records; and 

A bill (S. 1938) making an additional appropriation for the relief of 

the poor of the District of Columbia. 

Also, that the Senate had passed without amendment the bill (H. 

R. 19) for the relief of H. B. Wilson, administrator of the estate of 

William Tinder, deceased. 

Mr. HEMPHILL's motion was agreed to; and then (at 5 o'clock and 

5 minutes p. m.) the House adjourned. 

PRIVATE BILLS AND JOINT RESOLUTIONS INTRODUCED AND REFERRED. 

Under tho rule private bills and joint resolutions of the following 

titles were introduced and referred as indicated below: 

By Mr. ADAMS: A bill (H. R. 7091) for the relief of minor heirs of 

OrisonS. Baldwin-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7092) for the relief of Anna M. Arnold-to the 

Committee on Invalid Pensions. 

Also, a bill (H. R. 7093) granting an increase of pension to John A. 

Rolf-to the Committee on Invalid Pensions. 

By Mr. C. S. BAKER: A bill {H. R. 7094) granting a pension to 

Nancy Van Dyne-to the Committee on Invalid Pensions. 

By Mr. BAYNE: A bill {H. R. 7095) granting a pension to Miriam 

V. Ashe-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7096) to remove the charge of desertion from the 

military record of William J. Blain-to the Committee on Military 

Affairs. 

By .Mr. BELDEN: A bill (H. R. 7097) granting a pension to Edmund-Ryan-to the Committee on Invalid Pensions. 

By Mr. BLISS: A bill (H. R. 7098) for the relief of Herman Leibmann-to the Committee on Claims. 

By Mr. BOOTHMAN: A bilf{H. R. 7099) to-increase the pension of 

Joseph Claire-to the Committee on Pensions. 

By Mr. C. E. BROWN: A bill {H. R. 7100) for the relief ofSophia G. 

Mitchell and Eliza Jane Mahon-to the Committee on War Claims. 

Also, a bill (H. R. 7101) granting a _pension to John Senff-to the 

Committee on Invalid Pensions. 

Also, a bill (H. R. 7102) to correct the military record. of James D. 

Gallagher-to the Committee on Mill~ Affairs. 

By Mr. BRYCE: A bill (H. R. 7103) forthe relief of Rudolph Menadier-t·:> the Committee on Military Affairs. 

By Mr. BUNNELL: A bill (H. R. 7104) for the relief of Mercy 

Owen, widow of Jeptba W. Owen-to the Committee on Invalid Pensions. 

By Mr. BURNES: A bill (H. R. 7105) for the relief of John S. Logan, assignee-to the Committee on Claims. 

By Mr. BURNETT: A bill (H. R. 7106) granting a pension to Sylvander Jefferds-to the Committee on Invalid Pensions. 

Also, a bill {H. R. 7107) granting a pension to Patrick Coyle-to the 

Committee on Invalid Pensions. 

By Mr. JAMES E. CAMPBELL: A bill (H. R. 7108) fer the relief 

of George W. Soller-to the Committee on Military Affairs. 

By Mr. CANDLER: A bill (H. R. 7109) for the relief of the executor 

or administrator of the estate of Nehemiah Garrison, assignee ofUoses 

Perkins-to the Committee on Claims. 

By Mr. CANNON: A bill (H. R. 7110) granting a pension to Elizabeth Volan-to the Committee on Invalid Pensions. · By Mr. CASWELL: A bill (H. R. 7111) granting a pension to Caroline Pautel-to the Committee on Invalid Pensions. 

By Mr. CLARDY: A bill (H. R. 7112) for the reliefofMaryL. Roderick-to the Committee on Invalid Pensions. 

By Mr. CHEADLE: A bill (H. R. 7113) granting a pension to Maria 

Youngs-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7114) granting a pension to Henrietta Petersdorfto the Committee on Invalid Pensions. 

Also, a bill (H. R. 7115) granting a pension to William Scott-to the 

Committee on Invalid Pensions. . By M:r. CHIPMAN: A bill (H. R. 7116) for ·the relief of workmen 

employed in the construction of Poverty Island light-house, Lake :Michigan-to the Committee on Claims. 

Also, a bill (H. R. 7117) forthereliefof DavidSample-tothe Committee on Military Affairs. 

Also, a bill (H. R. 7118) for the relief of John Crosby-to the Committee on Claims. 

By Mr. CULBERSON: A bill {H. R. 7119) for the relief John D. 

Henderson's heirs-to the Committee on War Claims. 

Also, a bill (H. R. 7120) for the relief of Levina Neeley-to the 

Committee on Invalid Pensions. 

By Mr. DAVIS: A bill (H. R. 7121) granting a pension to Florence 

Mabel Wils.on-to the Committee on Invalid Pensions. 

By Mr. DUNHAM: A bill (H. R. 7122) for the relief of Mrs. William W. Sherman-to the Committee on War Claims. 

Also, a bill (H. R. 7123) for the r~lief of Catharine Mutz-to the 

Committee on Invalid Pensions. 

By Mr. DUNN: A bill (H. R. 7124) for the relief of S. C. Stirling, 

H. R. Stirling, J. Anna Stirling, executrix of W. R. Stirling, and the 

legal representatives of Mary C. Stirling-to the Committee on War 

Claims. 

By 111r. FINLEY: A bill (H. R. 7125) for the relief of Martha Spencerto the Committee on 1t1ilitary Affairs. · By Mr. GAINES: A bill (H. R. 7126) for the relief of the heirs of 

Mark Davis, deceased-to the Committee on War Claims. 
• 

• 

1888. CONGRESSIONAL RECORD-HOUSE. 1169 

By Mr. GLOVER: A bill (H. R. 7127) for the relief of Charles McLaren-to the Committee on War Claims. • .AJso, a bill (H. R. 7128) for the relief of Hiram K. Hazlett-to the 

Committee on War Claims. 

Also, a bill (H. R. 7129) for the relief of Bell R. Clements-to the 

Committee on Pensions. -

Also, a bill (H. R. 7130) for the relief of Philip Holdenried- to the 

Committee on Pensions. 

Also, a bill (H. R. 7131) for the relief of Catharine.J{ennedy-to the 

Committee on War Claims. 

Also, a bill (H. R. 7132) for the relief of John A. King-to the Committee on Pensions. 

Also, a bill (H. R. 7133) for the relief of Dr. W. W. Mantlo-to the 

Committee on War Claims. 

Also, a bill (H. R. 7134) for the relief of Fidel Buechel-to the Committee on Pensions. 

By Mr. HATCH: A bill (H. R. 7135) to remove the charge of desertion from Jacob L. Webb-to the Committee on Militar.v .Affairs. Also, a bill (H. R. 7136) granting a pension to Litha J. Shalley-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 7137) granting a pension to Harrison Toops-to 

the Committee on Invalid Pensions. 

Also, . a bill {H. R. 7138) to remove the charge of desertion from John 

Greeley-to the Committre on Milita,ry Affairs. 

Also, a bill (H. R. 7139) for the relief of John M. Davis-to the Committee on Military Affairs. 

Also, a bill (H. R. 7140) for the relief of Robe1:t D. Gardner-to the 

Committee on War Claims. ~ 

Also, a bill (H. R. 7141) for the relief of Joseph T. Scott-to the 

Committee on Naval Affairs. · Also, a bill {H. R. 7142) granting a pension to Andrew J. Finn&yto the Committee on Invalid Pensions. • · Also, a bill {H. R. 7143) granting a pension to Frances D. Best, widow 

of Lieut. Col. J. G. Best-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7144) granting a pension to S. W. Doss-to the 

Committee on Invalid Pensions. 

Also, a bill (H. R. 7145) granting a pension to Joseph Williams-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 7146) for the relief of Lewis W. Chase-to the 

Committee on Invalid Pensions. 

Also, a bill (H. R. 7147) granting a pension to Israel D. Thomas-to 

the Committee on Invalid Pensionli. 

Also, a bill (H. R. 7148) granting a pension to Emeline Howrento the Committee on Invalid Pensions. 

By Mr. HEARD: A bill (H. R. 7149) to incorporate the Hotel Republic Company of the District of Columbia-to the Committee on the 

District of Columbia. • 

By Mr. HERMANN: A bill (H. R. 7150) for increase of pension of 

Herman Baumhager-to the Committee on Invalid Pensions. 

By Mr. HOOKER: A bill (H. R. 7151) for the relief of A. N. Kimball and sureties on his official bond as receiver of public moneys-to 

the Committee on the Judiciary. 

By Mr. HOUK. A bill (H. R. 7152) for the relief of William Robinson-to the Committee on War Claims. 

Also, a bill (H. R. 7153) for the relief of Joseph Chittum-to the 

Committee on War Claims. . 

Also, a bill (H. R. 7154) for the relief -of Jerry Simerly-to the Committee on War Claims. . Also, a bill (H. R. 7155) for the relief of Charlotte 1\Iarrow-to the 

Committee on Invalid Pensions. ' 

-Also, a bill (H. R. 7156) granting& pension to William W. Kid wellto the Committee on Invalid Pensions. 

Also, a bill (H. R. 7157) granting a pension to James J. Gibbs-to 

the Committee on Invalid Pensions. 

Also, a bill (H. R. 7158) granting a pension to Amon Gross-to the 

Committee on Invalid Pensions. 

Also, a,bill (H. R. 7159) granting a pension to William Stokes-to 

the Committee on Invalid Pensions. 

Also, a bill .(H. R. 7160) granting an increase of pension to A. W. 

Rose-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7161) amending the military record of Alexander . Gossett-to the Committee on Military Affairs. 

By Mr. HOVEY: A bill (H. R. 7162) for the relief of Mary Nevelsto the Committee on Invalid Pensions. 

By Mr. JOSEPH: A bill (H. R. 7163) for the relief of E. B. Beerto the Sele~t Committee on Indian Depredation Claims. 

By Mr. KERR: A bill (H. R. 7164) for the relief of the heirs of Samuel Morrison-to the Committee on War Claims. 

By Mr. LODGE: A bill (H. R. 7165) granting a pension to Julia 

Cassidy-to the Committee on Invalid Pensions. 

By llfr. MANSUR: A bill (H. R. 7166) to grant a pension to Simon 

Greenabaum-to the Committee on Invalid Pensions. 

AlEo, a 'bill (H. R. 7167) for the relief of Andrew P . .Jenkins-to the 

Committee on Military Affairs. l~y Mr. McCORMICK: A bill (H. R. 7168) for the relief of William 

Magee-to the C-ommittee on Invalid Pensions. 

~IX--74 

·-

By 1\Ir. McSHANE: A bill {H. R. 7169) granting arrears of pension 

to Joseph R. Dodds-to the Committee on Invalid Pensions. 

Also; a bill (H. R. 7170) granting a pensio:r;l to James Ball-to the 

Committee on Invalid Pensions. 

By Mr. MORRILL: A bill (H. R. 7171) to restore to the pension-roll 

the name of L'laac Dilley-to the Committ~ on Invalid Pensions. By Mr. MORROW: A bill (H. R. 7172) Tor the. relief ot the estate of 

E:- L. Brown-to the Committee on Claims. 

By Mr. NEWTON: A bill(H. R. 7173) for the relief ofthelegalrepresenta ti ves of Benjamin P. Curry, deceased-to the Committee on Claims. 

By Mr. OATES: A bill (H. R. 7174) for the relief of Mrs. L. E. Boatwright-to the Committee on Wa1· Claims. 

Also, _a bill (H. R. 7175) for the relief of Mrs. A. E. Hardin, of Alabamnr-to the Committee on War Claims. 

By Mr. J. J. O'NEfLL: A bill (H. R. 7176) for the relief of Jacob 

Kern-to the Committee on Claims. 

By Mr. PEEL: A bill (H. R. 7177) granting a pension to Tilman 

Thrasher-to the Committee on Invalid Pensions. 

By Mr. PERKINS: A bill (H. R. 7178) for the relief of William A. 

Uitchell of the charge of desertion-to the Committee on Military Affairs. 

Also, a bill (H. R. 7179) granting a pension to William F. Jobes, of 

Neodesha, Kans.-to the Committee on Invalid Pensions. 

By 1't1r. PETERS: A bill (H. R. 7180) granting a pension to John 

Harlan-to the Committee on Invalid Pensions. By Mr. PIDCOCK: A bill (H. R. 7181) granting a pension to Alletta. 

V. Quick-to the Committee on Invalid Pensions. 

By Mr. ROMEIS: A bi1l (H. R. 7182) granting a pension to Henry 

L. Baldwin-to the Committee on Invalid Pensions. By Mr. RUSK: A bill (H. R. 7183) granting a pension to Abraham 

Seidenstricker-to the Committee on Invalid Pensions. ' · 

By Mr. SCULL: A bill (H. R. 7184) granting a pension to Jacob 

Fletcher-to t.he Committee on Invalid Pensions. 

By Mr. SENEY: A bill (H. R. 71S5) granting a pension to Samuel 

Neikirk-tothe Co~mittee on Invalid Pensions. ~ 

By Mr. M. A. SM~ITH: A bill (H. R. 7186) to authorize the Leavenworth and Rio Grande Railway Company to construct and operate a railway through the Indian Territory, and for .other purposes-to the 

Committee on Indian Affairs. 

By Mr. STONE, of Kentucky: A bill (H. R. 7187) for the relief of 

Charles S. Hamlin-to the Committee on War Claims. 

Also, a bill (H. R. 7188) for the r-elief of J. B. Groom-t.o the Committee on War Claims. . By Mr. E. B. TAYLOR: A bill (H. R. 7189) for the ·relief of Na--

thaniel Lang-to the Committee on Military Affairs. 

By I.ir. G. M. THOMAS: A bill (H. R.. 7190) for the relief of Benjamin F. Royse-to the Committee on Military Affairs. 

By Mr. 0. B. TH0~1AS: A bill (H. R. 719'1) for the relief of Harrison W. Moore-to the Committee on War Claims. 

By 111r. VOORHEES: A bill (H. R. 7192) for tbe relief of General R. 

H. Milroy-to the Committee on Claims. 

By Mr. WARNER: A bill (H. R. 7193) to remove the charge of desertion from the record of Albert G. Stansberry-to the Committee on 

Wli tary Affairs. 

By Mr. WHEELER: A bill (H. R. 7194) to ref~r the c1aim against 

the United Sta.tes of .J. J. Akers, of Colbert County, Alabama, to the 

Court of Claims-to the Committee on War Claims. 

By Mr. WILKINSON: A bill (H. R . . 7195) for the relief of Antonio 

·Marquez-to the Committee on War Claims. 

By Mr. McCREARY: A bill (H. R. 7196) granting a pension to 

Jesse Mahaffey-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7197) granting a pension toUrs . .Julia B. Russell, 

widow of David Russell-to the Committee on Invalid.Pensions . 

Also, a bill (H. R. 7198) granting a pension to 1\frs. Rosannah Hol- landsworth-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7199) to place the name of Jacob L. Tussey, of' 

Jackson County, Kentucky, on the pension-roll-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7200) for the relief of Mrs. Jane Harbison-to ihe 

Committee on War Claims. · 

By Mr. McMILLIN: A bill (H. R. 7201) granting a pension to C. C. 

White-to the Committee on Invalid Pensions. 

By Mr. REED:_ A bill (H. R. 7202) granting a pension to William 

C. Lord-to the Committee on Invalid Pensions. 

Also, a bill (H. R. 7203) to remove the charge of desertion in the case of John Graffam,jr.-to the Committee on Military Affairs. 

By Mr. DELANO: A bill (H. R. 7204) granting an increase of pension to David P. Stewart-to the Committee on Invalid Pensions. 

By Mr. NEAL: A hill (H. R. 7205) granting a pension to James 

Nipper-to the Committee on Invalid Pensions. 

By Mr. SYMES: A bill (H. R. 7206) for the relief of Theodore J. 

Shandal-to the Committee on Pensions. 

Also, a bill (H. R. 7207) for the relief of .J obn Leonard-to the Committee on Military Affairs. _ Also, a bill (H. R. 7208) for the relief of C. C. Davis-to. the Committee on Claims. 
1170 CONGRESSIONAL REOORD-HOUSE. FEBRUARY 13, 

By Mr. BURNES: A bill (H. R. 7209) for the relief of Mrs. Isabella 

l't!. Pank:ey-to the Committee on War Claims. 

By Mr. YOST: A -bill (H. R. 7210) forthe reliefofthe heirs of Z. J. 

White-to the Committee on War Claims. 

Also, a bill (H. R. 7211) for the relief of J. D. Youell-to the Committee on War Claims. 

Also, a bill. (H. R. 7212) ,.or the relief of P. W. Wood-to the Committee on War Claims. 

Changes in the reference of bills improperly referred were made in 

the following cases, namely: 

A bill (H. R. 2667) for the relief of Ida M. Howell-Committee on 

Invalid Pensions discharged, and referred to the Committee on War 

Claims. 

A bill (H. R. 6245) for the relief of William Burk-Committee on 

War Claims discharged, and referred to the Committee on Invalid Pensions. 

A bill (H. R. 5826) granting a pension to W. W. Bradley-from the 

Committee on Invalid Pensions to the Committee on l'liilitary Affairs. 

A bill (H. R. 3860) for the relief of Hyland C. Kirk and others, as- signees of Addison C. Fletcher-from the Committee on Claims to the 

Committee on Patents. 

PETITIONS, ETC. 

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

under the rule, and referred as follows: 

By Mr. C. H." ALLEN: Petition of Daniel C. Maxfield and others, of 

Amesbury, Mass., in aid of a certain treaty of arbitration-to the Com-

-mittee on Foreign Affairs. 

By l\Ir. E. P. ALLEN: Petition of H. B: Daniels and 54 oth~rs, citizens of Litchfield, Hillsdale County, Michigan, for a Government telegraph-to the Committee on the Post-Office and Post-Roads. 

By Mr. A. R. ANDERSON: Petition of J. N. Harris and others, of 

Ham burgh, Iowa, for the establishment of a Government system of telegraphy-to the Committee on the Post-Office and Post-Roads. 

By Mr. J. A. ANDEHSON: Petition of certain citizens of Davis 

County, Kansas, for a Sabbath law-to the Committee on the PostOffice and Post-Roads. 

Also, protest of 300 citizens of Davis County, Kansas, against the 

admission of Utah with polygamy-to the Committee on the Territories. 

By Mr. BACON: Petition of Letisha Sparks, for relief-to the Committee on Invalid Pensions. 

Also, memorial of the Board of Trade of Newburgh, N.Y., for a post-office at that city-to the Committee on Public Buildings and 

Grounds. 

Also, petition of citi~ns of Newburgh, N. Y., for a post-office at 

Newburgh, N. Y.-tothe Committee on PublicBuildingsandGrounds. 

By Mr. BAKER: Petition of Mrs. Nancy Van Dyne, mother oi James 

B. Van Dyne, late orderly sergeant Company I, First Veteran New 

York Cavalry, 4Jr relief-to the Committee on Invalid Pensions. 

Also, petition of Sidney B. Roby, the Union and Advertiser Company, 

and 100 others, citizens of Rochester, N.Y., in favor of the proposed 

reduction of letter postage-to the Committee on the Post-Office and 

Post-Roads. - By l'lir. BAYNE: Paper relating to House bill No. 6673-tothe Committee on Military Affairs. 

By l'llr. BIGGS: Petition of citizens of Uerced County, California, 

for removal of the duty on lumber-to the Committee on Ways and 

Means. 

By Mr. BOOTHMAN: Petition of E. B. Payne and others, com- mittee ofthe National Veteran Union Organization of soldiers of the 

late war, for the passage of a service-pension law-to the Committee on 

Invalid Pensions. 

By111r. BOUND: Petiiion ofthe facultyofLebanon Valley College, 

of Lebanon, Pa., for an international copyright law-to the Committee 

on Patents. 

By Mr. BOWDEN: Petition of General S. C. Armstrong and other 

citizens, in regard to improving the harbor of Hampton, Va.-to the 

Committee on Rivers and Harbors. 

Also, petition of Jesse H. Peel and others, and resolutions of the council of Hampton, Va., for the same purpose-to the Committee on 

Rivers and Harbors. 

By Mr. BOWEN: Two petitions of citizens of Wythe County, Virginia, for a Government system of telegraphy-to the Committee on 

the Post-Office and Post-Roads. 

By ~1r. BROWER: Petition of the citizens of Madison, Rockingham · County, North Carolina, asking for $20,000 to be appropriated for the 

improvement of Dan River-to the Committee on Rivers and Harbors. 

By Mr. C. E. BROWN: Memorial of the Chamber of Commerce and 

Merchants' Exchange of Cincinnati, Ohio, touching the improvement 

of the Kentucky River-to the Committee on Rivers and, Harbors. 

By Mr. T. M. BROWNE: Petition of the Board of Trade and 650 

others, citizens of Richmond, Ind., for the erection of a public building 

in that city-to the Committee on Public Buildings and Grounds. 

·By Mr. BURNES: Petition of R. l'lf. Nash and other clerks in the 

post-office at St. Joseph, l'lio., in favor of bill fixing the salaries of clerks 

in •the post-offices of the United States-to the Committee on the Post-" 

Office and Post-Roa-ds. . By Mr. T. J. CAMPBELL: Petition of the House of the Good 

Shepherd of New York City, for relief-to the Committee on Appropriations. -

By Mr. CANDLER: Petition of the Georgia Uarble Company, the 

American Marble Company, and citizens of Georgia, against the reduction on rough marble-to the Committee on Ways and Means. 

By Mr. CANNON: Petition of Rev. E. B. Randle and 200 others, of 

Paris, Ill., for prohibition of exporting intoxicants to Africa-to the 

. Committee on Foreign Affairs. 

By Mr. CARUTH: Petition in regard to the tax on wool, from Richson & Co., Louisville, Ky.-to the Committee on Ways and Means. 

Also, Ohio River captains, mates, pilots, and engineers of ste.'lm-•essels, in regard to the return of license fees-to the Committee on Claims. 

Also, a paper in regard to the pension of Uaria Hulse; also, a paper 

in regard to a pension for John Taaffe, and a paper in regard to a pension for Mary Griffith-to the Committee on Invalid Pensions. 

By Mr. CATCHINGS: Petition of heirs of Agnes Heard, of Warren 

County, Mississippi, for reference of his claim to the Court of Claimsto the Committee on War Claims. 

Also, papers in the claim of John M. Powell, guardian, of Hinds 

County, Mississippi-to the Committee on War Claims. 

By Mr. CHIPMAN: Petition of Catherine Carroll, sister of William 

Carroll, late of Company B, 'Twenty-fourth Regiment Michigan Volunteers, for relief-to the Committee on "Invalid Pensions. 

Also, petition of Urs. Annie Norton, widow of John Norton, late 

Company D, Fifth Regiment Michigan Infantry, for a widow's pension-to the Committee on Invalid Pensions. 

Also, petition of David Sample, for. honorable discharge-to the Committee on Military Affairs. 

Also, petition of G. R. Alvord Post, Grand Army of the Republic, 

for honorable discharge of David Sample-to the Committee on Invalid 

Pensions. 

Also, petition of John Crosby, of Dearborn, Mich., for compensation as custodian of Detroit arsenal-to the Committee on Claim . Also, a bill providing for the impro.vement of the channel from 

Grosse Point to the Detroit River, Michigan-to the Committee on 

Ri•ers and Harbors. 

By Mr. CLARK: Petition of A. W. Lincoln, Menasha, Wis., for relief-to the Committee on the Post-Office and Post-Roads. 

By Mr. CLEMENTS: A bill to appropriate $97,000 to complete the 

improvement of the Coosa River, in Georgia and Alabama-to the Committee on Rivers and Harbors. Al~o, a bill to appropriate $500,000 for the improvement of th~ Coosa 

River, in Georgia and Alabama-to the Committee on Rivers and Har-

~~ . Also, a bill to appropriate $20,000 to improve the Oostenaula and 

Coosawattee Rivers, in Georgia-to the Committee on Rivers and Harbors. 

By Mr. COBB: Petition of Thomas R. Knowles, of Chambers County, 

Alabama, for re-ference of his claim to the Court of Claims-to the 

Committee on War Claims. 

By Mr. COGSWELL: Petition of B. T. Huntington and others, for 

the reissue of fractional currency and the abolition of postal notes-to 

the Committee on Banking and Currency. 

Also, petition of Batchelder & Co. and others, citizens of Danvers, 

Beverly, and Salem, Uass., for the survey and improvement of Crane, 

Waters, and Porter Rivers-to the~mmittee on Ri·vers and Harbors. 

By Mr. DARGAN: Papers in the claims of Herbert Smith, of J. H. 

O'Cain, executor of Mary O'Cain; of John C. Carthen, of John Slattery, 

of J. N. Townsend, ofl\Iary Welch, ofLeonidas Lowry, by his widow; 

of John G. Grant, of Pleasant Baker, of Mary R. Lo:ldholt, of Elizabeth Singleton, of Patrick Brady, of Daniel Goldfinch, of Patrick H. 

Flanigan, of Jacob A. Schwarze, son of Philip B. Schwarze; of M. W. 

Venning, of R. S. Lipsay, of Ballard D. Dean, of Joel L. Easterling, of 

l\Iartin Caulfield,of John Baker, of Lucy Breeden; of R. P. Hamer and 

others, executors ofR. C. Hamer; ofT. P. Stubbs, ofRichard Jordan, 

of Susan Brigman, widow of Thomas Brigman and of Julia C. Watson, 

all of South Carolina-to the Committee on War Claims. 

I3y Mr. DAVENPORT: Petition of citizens of Ontario County, New 

York, for passage of service bill for soldiers-to the Committee on Invalid Pensions. 

By Mr. DAVIS: Petition of W. G. Bunker and others, masters of 

vessels and coa tpilots, in favor oftheimprovementofVineyard Haven 

Harbor-to the Committee on Rivers and Harbors. 

.A.lso,petitionofWilliam W. Crapo and others, citizens of New Bedford, in favor of the passage of an act to increase anu regulate the salaries of post-office clerks-to the Committee on the Post-Office and 

Post-Roads. · Also, memorial of William Thompson and others, of New Bedford., Mass., in favor of international arbitration-to the Committee on 

Foreign Affairs. 

::eyy Mr. DINGLEY: Petition of citizens for arbitration of any 

• 

• 
• 

1888. CONGRESSIONAL RECORD-HOUSE. 1171 

differences that may arise., between the United States and Great Britain-to the Committee on Foreign Affairs. 

By Mr. DOUGHERTY: Papers in the case of F. P. Ferriera, of John 

A. Pellicer, of Francis Bobe, and of Andrew J. Pellicer, of Flori~ato the Committee on War Claims. 

By Mr. DUBOIS: Petition of 100 citizens of Oneida County, Idaho, 

ag~inst any division of said Territory-to the .Committee on the Territories. 

By Mr. DUNN: Papers in the claim of Henry T. Cate, of Horatio 

Woodward, of Charles W. Belknap, of Samuel J. Sutton, of Arrey 

Marrs, of Hugh Dobkins, of Lizzie E. Neely, Mary E. Neely, andEsther A.. B. Neely, of Thomas B. Paine, of"'W. H. Gillam, son-in-law of 

Joseph Egner; of James Dougherty, of John Brewer, of Mary A.. England, and of W. H. Engels, of the State of Arkansas-to the Committee on War Claims. 

Also, petition of I. J. Morrison, heir-at-law of Mrs. A.. E. Morrison, 

of Phillips County, Arkansas, for reference of his claim to the Court 

of Claims__:to the Committee on War Claims. 

By Mr. ELLIOTT: Petition of citizens of Columbia, and of J. L. 

Ferguson and others, of South Carolina, for the improvement of the 

Congaree River-to the Committee on Rivers and Harbors. 

By Mr. ERMENTROUT: Memorial of Boston Executive Business 

Association, for fast mails-to the Committee on the Post-Office and 

Post-Roads. 

Also, memorial of Samuel Wilson, for reduction of postage on seeds, 

plants, etc.-to the Committee on the Post-Office and Post-Roads. 

By Air. FINLEY: 'Petition of estate of E. B. Cram, of J. M. Bowman, of James E. Browning, of Joseph Browning, of Beverly D. Curd~ 

of Jesse .A. Curd, of Tibitha Dickey, of Charles P. Edmunds, of A.sa 

Y. Ellis, of E. G. Evans, of Mary J. Everett, of W. B. Farris, of Nancy 

W. Ferris, of A.. J. D. Foster, of C. J. Hargrove, of Garland Ford, of 

J. C. Goff, of Josiah Hatcher, of estate of A. L. Hawkins, and of John 

Bishop, of Barren County, Kentucky, asking that their claims be referred to the Court of Claims for a :finding of facts-to the Committee 

on War Claims. 

Also, petition of James Breeding, of W. F. Grady, and of Amanda 

H. Keener (formerly Da.honey), of Adair County, Kentucky, asking 

that their claims be referred to the Court of Claims for a finding of factsto the Committee on War Claims. 

Also, petition of E. A. Edmunds, a citizen of Beaver County, Kentucky, asking that his claim be referred to the Court of Claims for a finding of facts-to the Committee on War Claims. 

By :Mr. FORNEY: Petition of citizens of Blonnt County, Alabama, 

for national aid to education, and favoring the Blair bill-tq the Committee on Education. 

Also, petition of W. B. W. Lee, administrator of Mordecai Tipton, 

of Cherokee County, Alabama, for reference of his claim to the Court 

ofCla,irns-to the Committee on War Claims. 

Al o, petition of citizens of North Alabama, asking that the t:u on fruit brandies be abolished-to the Committee on Ways and Means. 

By Mr. FUNSTON: Petition of citizens of Wellsville, Kans., asking 

that osage orange be added to the list of timbers required by the timber-cultlll"e act-to the Committee on Agriculture. 

By Mr. GIBSON: Papers in the case of Waterman Clift and Robert 

May, for relief-to the Committee on War Claims. 

By Mr. GREENMAN: Petition of 56 citizens of Cambridge, N.Y., 

for the classification of worsted as woolen goods, and for a law fi.xing 

schedule of duties on wool and woolen goods as agreed upon by woolgrowers and wool-manufacturers' meeting, held in Washington, January 14, 1888-to the Committee on Ways and Means. • By Mr. HAYES: Petition of Business Men's Association, of Muscatine, Iowa, for the establishment of an experimental station for the man- ufacture of sugar in Iowa-to the Committee on Agriculture. 

By Mr. J. S. HENDERSON: PetitionofJ. R. Blair, C. C. Wade, and 

120 others, citizens of Montgomery County, North Carolina, for an appropriation to make the Pee Dee River navigable from the South Carolina line to Gunsmith Shoals-to the Committee on Rivers and Harbors. 

By ~fr. HERM..AJ.~: Petition of the Grange and Knights of Labor 

A.ssemblies, of Irving, Lane County, Oregon, opposing new charters to 

banks, favoring reissue of fractional currency, etc.-to the Committee on Banking and Currency. 

By Mr. HIRES: Resolutions of the Anglers' Association of Eastern 

Pennsylvania, protesting against the menhaden fishermen-to the Committee on Merchant Mal'ine and Fisheries. 

Also, petition of Woman~s Christian Temperance Union of Salem, N. 

J., for the better legal protection of young girls in the District of Columbia-to the Committee on the Judiciary. 

By Mr. HOOKER: Petition of G. R. X:emp, administrator of James 

F. Leonard, of Madison County, and of Aaron Langley, of Hinds County, 

Mississippi, for reference of their claims to the Court of Claims-to the 

Committee on War Claims. · By Mr. HOUK: Petition of E. A. Skillman, agent, of Washington, 

D. C., praying for the passage of a law to cancel certain lien ce!'ti:fi.-

cates and relieve certain property in District from the burden thereofto the Committee on the District of Columbia. 

• 

By Mr. HOVEY: Petition of Joseph D. McClure, for increase of pension-to the Committee on Invalid Pensions. 

Also, petition of citizens of Warrick County, Indiana, for a pension 

to Mary Nevels, a bl.inJi girl-to the Committee on Invalid Pensions. 

By Mr. HUDD: Memorial of Thomas E. Tomson, mayor, and the common council of Manitowoc, Wis., in relation to a general appropriation for public buildings-to the Committee on Public Buildings and 

Grounds. 

Also, petition of A. L. Gray, mayor, and common council, of Fort 

Howard, Wis., for the same-to the Committee on Public Buildings 

and Grounds. 

By Mr. KEAN: Three petitions of residents of New Jersey, fisher- men_ and others, for the protection of food-fishes along the New Jersey 

coast-to the Committee on Merchant Ma1·ine and Fisheries. 

By Mr. KETCHAM: Petition of Seth Secor and 75 others, of Cold 

Spring, N.Y., for the passage of the service-pension bill-to the Committee on Invalid Pensions. , Also, petition of 13 citizens of A.nCI·am, N. Y., for the adoption of the 

wool-growers' schedule of duty-to the Committee on Ways and Means. 

By Mr. LANHAM: Petition of letter-carriers 't>f El Paso, Tex., for 

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

By Air. LATHAM: Petition of ..citizens of North Carolina, in relation 

to Ocracoke Inlet, in said State-to the Committee on Rivers andHarbora. 

By Mr. LODGE: Petition of William 0. Newall and others, citizens of 

Lynn, Mass., in favor of settling international disputes by arbitrationto the Committee on Foreign Affairs. · 

Also, petition to accompany bill granting a pension to Julia Cassidyto the Committee on Invalid Pensions. 

By 1\ir. LONG: Petition of .French & Ward and others, of Norfolk 

County, Massachusetts, for classifying worsteds as woolens-to the Committee on Ways and Means. 

By Mr. McCLA.MMY: A oill to improve the navigation of the Upper 

Cape Fear River, in North Carolina-to the Committee on Rivers and 

Harbors. 

Also, a bill to improve the navigation of the Black Ri-rer, in North 

Carolina-to the Committee on Rivers and Harbors. 

A.lso, a bill to improve the navigation of the New River~ in ~orth 

Caroljlla-to the Committee on Rivers and Harbors. 

Also, a bill to survey Northeast River, in North Carolina-to the 

Committee on Rivers and Harbors. 

By Mr. McCOMAS: Petition of the Lol!lbard Street Yearly Meeting 

of Friends, for the better legal protection of young girls-to the Committee on the Judiciary. 

Also, petition of same, for a national prohibitory constitutional amendment-to the Committee on the Judiciary. Also-; petition of same for national aid to common schools-to the 

Committee on Education. 

Also,petitionoftheMarylandStateTemperanceA.lliance,fornational 

aid to common schools-to the Committee on -Education. 

Also, petition of Samuel Ceas, of the District of Columbia, to Con- gress, to accompany bill-to the Committee on War Claims. 

By Mr. McCORMICK: Protest of laborers, etc., of Arnot, Tioga 

County; of 521 miners and laborers of Morrison Run, Tioga County; 

of 234 miners and laborers, etc., of Antrim, Tioga County, and of 172 

miners, laborers, etc., of Fall Brook, Tioga County, Pennsylvania, 

against the removal of the duty from coal imported into the United 

States-to the Committee on Mines and Mining. 

By Mr. McCRE.AaY: Petition of James T. Harris, a Mexican soldier, for amendment of the act of January 29, 1887-to the Committee on Pensions. 

By 1\ir. 1\fcMILLIN: Petition of Robert C. Whitehead, of Wilson 

County, Tennessee, for reference of his claim to the Court of Claims- to the Committee on War Claims. 

By Mr. McR.AE: A bill for the permanent improvement ofthe{)uachita River, in Arkansas and Louisiana-to the Committee on Rivers 

and Harbors. 

Also, petition of the Arkansas Agricultural Association against the 

suppression of the use of cotton, oil in the manufacture of lard-to the 

Committee on .Agriculture. 

Also, resolutions of the Board of Trade of Pine Bluff, Ark., against 

the passage of Senate bill 650-to the Committee on Agriculture .. By Mr. MAISH: Petition of William Lutz, of Company C, Eightyseventh Regiment Pennsylvania. Volunteers, for a special-act pensionto the Committee on Invalid Pensions. 

Also, petition for increasing the pension of Mrs. Annie Gibson Yates, 

widowofCapt. George W. Yates-to the Committee on Invalid Pensions. 

By Mr. MERRIMAN: Petitton of the Chamber of Commerce, and 

petitions of citizens of Rochester, and of citizens of Oneida, N. Y., for 

the reduction of letter postage to 1 cent-to the Committee on the PostOffice and Post-Roads. _By Mr. MILLIKEN: Petition of William .McLaughlin and others, for a pension for Amelia F. Robbins-to the Committee on Invalid Pensions. • Also, petition of F. L. Berry and othera, for the passage of the per 

diem rates pension bill-to the Committee on Invalid Pensions . 
1172 CONGRESSIONAL RECORD-HOUSEo FEBRUARY 13, 

Also, memorial of J. R. Roberts and others and of A. B. Gifford nnd 

others, for the settlement of disputes between Great Britain and the 

United Stat-es by arbitration-to the Committee on Foreign Affairs. 

By Mr. ~ILLS: Petition of citizens of the Fifth district of Texas, 

asking for governmental telegraph-to Committee on the-Post-Office 

and Post-Roads. 

By Mr. MORGAN: PetitionofMarthaA. Benton, ofMarshallCounty, 

and of heirs of William Seallon, of Panola County, Mississippi, for ref- erence of their claims to the Court of Claims-to the Committee on 

War Claims. 

By Mr. MORRILL: Memorial of the mayor and council of Atchison, 

Kans., asking for improvement of the Missouri River-to the Committee on Rivers and Harbors. By Ilir. :MORSE: Petition from 190 woolen and worsted mills of the 

United States and 110 merchants of New York City, for the classification of worsted as woolen cloth-to the Committee on Ways and 

Means. 

By Mr. NEAL: Petition of James Nipper for relief-to the Commlttetl on Invalid Pensions. 

By Mr. NELSON: "Petition for the relief of settlers on the Mille 

Lac reservation, Minnesota-to the Committee on Indian Affairs. 

By Mr. O'DONNELL: Petition of 31 citizens of Delta, Eaton County, Michigan, for reduction ofpostage onseeds, plants, and bulbs, thereissue of fractional currency, and for other purposes-to the Committee 

' on the Post-Office and Post-Roads. By Mr. O'FERRALL: Papers in the claim of John E. Lewis, of 

Frederick Count,y, Vir~inia-to the Committee on War Claims. 

By Mr. PHELAN: Petition of Jacob Glenn, of Shelby County, Tennessee, for payment of his war claims-to the Committee on War Claims. 

Also, petition of Mrs. Parnella B. Finney, of Memphis, Tenn., for 

payment of her war claim~to the Committee on War Claims. By Mr. RANDALL: Memorial of Cnlvin S. Crowell & Co., of Philadelphia, Pa., against the .passage of bill prohibiting the use of seines 

and traps-to the Committee on Merchant Marine and Fisheries. 

By lr. RAYNER: Petition ofW. P. Harvey & Co. and other business firms of Baltimore, Md., for the repeal of the duty on sugar-to 

the Committee on w·ays and Means. 

A_l,so, papers in the case of Abraham Brafman, for relie:f.-to the Committee on Claims. 

Also, petition of members of the faculty of the-Johns Hopkins University of Ba-ltimore, for an international copyright law-to the Committee on Patents. 

By Mr. REED: Petition of William C. Lord, for a pension-to the 

Committee on Invalid Pensions. 

By ~rr. RICE: · Resolution of the Chamber of Commerce of St. Paul, 

.Minn., in favor of the proposed constitutional centennial celebration in 

J889, the world's exposition in 1892, and the permanen.t exhibition of 

the three Americas-to the Committee on Ways and Means. 

Also, resolution of the same approving bill (H. R. 1847) to provide 

for the enrollment of the naval militia and the organization of a naval 

reserve-to the Committee on Naval Affairs. 

By Mr. RICHARDSON: Petition of A. B. Bratton, of Franklin Qonnty, 

Tennes:ee, for reference of his claim to t.he Court of Claims-to the 

Conunittee on War Claims. 

Also, petition of B. W. Blanton, administrator of Benjamin Blanton, 

of Tenne~ee, for reference of his claim to the Court of Claims-to the 

Committee on \Yar Claims. 

By .1\Ir. ROGERS: Memorial of the school board and city council of 

Hot Springs, Ark., asldng the Government to donate certain unsold 

lots to Hot Springs, Ark., in trust for the public schools of said cityto the Committee on the Public Lands. 

Also, petition of JameR C. Lipscomb, of Sebastian County, Arkansas, 

for reference of his claim to the Court of Claims-to the Committee on War Claims. 

By 1\'lr. ROMEIS: Memorial of the Bricklayers' Union of Toledo, 

Ohio, favoring the appointment of John T. Lynch for superintendent 

of mason-work on the Library building-to the Committee on the Library. 

By Mr. RUSK: Petition of Abraham Seidenstricker, late of Company H, Sixth Regiment Maryland VoJ..pnteers, for relief-to the Committee on Invalid Pensions. 

By. Mr. SAYERS: Petition of citizens of Fort Worth, Tex., for the 

erection of post-office building-to the Committee on Public Buildings 

and Groundc:. 

By Mr. SCUI1L: Evidence in ca.se of Abraham Howard, for a pension-to the Committee on Invalid Pensions. 

By Mr. SENEY: Petition of Thomas Ryan and others, for an increase 

in the compensation of bailiffs-to the "Committee on the Judiciary. 

Also, joint resolutions of the General Assembly of Ohio, favoring the 

passage of Senate bills No. 913 and No. 1206-to the Committee on In- valid Pensions. 

Also, joint resolution of Eame, favoring Senate bill providing for the 

eradication of pleuro-pneumonia among cattle-to the Committee on Agriculture. 

Also, memorial of Joseph Hunt and B. F. Fortner, for a court in Indian Territory-to the Committee on the Judiciary. 

Also, memorial of H. 'It. Spooner and othets, of Seneca County, Ohio, 

favoring House bill No. 1549-to the Committee on Invalid Pensions. 

By Mr. STAHLNECKER: Petition of the Boston Executive Business Association, for an improved mail service between New York and 

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

Also, resolutions of citizens of Peekskill, N.Y., urging an appropriation for the improvement of their harbor on the Hudson River-to 

the Committee on Rivers and Harbors. 

By Mr. STOCKDALE: Remonstrance of Paris, Ladner and others, 

of :biarion County, Mississippi, against the reduction of the tariff on wool-to the Committee on Ways and M:eans. 

Also, petition of Ivin M. Fortin berry, of Mississippi, for reference of 

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

By Mr. STONE, of Kentucky: PetitionofJamesArmstrong, ofWHliam S. Asher, of Dtewry Allen, of Jonas Barlow, of Isaac B. Conrad, 

of Stephen Deweese, of Jeremiah S. Dean, of John V. Dean, of L. S. 

Gresham, of John Gwill, ofW. G. Gray, of William George, of John 

Goldsberry, of Daniel K. Hon, of James W. Hutchison, of Howard T. 

Jennings, of D. F. Kemp, of G. R. McDowell, ofW. H. Martin, of 

Joseph Miller, of Sarah J. Myers, of James H. Meek, of William 

Nichols, of B. G. Pierce, of estate of John T. Porter, of William Rucker, 

of John G. Snow, administrator of R. Snow, of John D. Smith, of 

Edward Spencer, of John H. Swift, of James H. Sechrist, of Nelson 

Wilson, and of Daniel Watson, of Kentucl'y, for reference of their 

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

By Mr. STRUBLE: Petition of certain citizens of Iowa, for a grant 

to every soldier of the late war, or his legal representatives, of 160 acres of land-to the Committee on Invalid Pensions. 

· By Mr. 'l'AULBEE: Proof in claim of J. M. Fidlen and Thomas 0. 

Manor, of_Pikeville, Ky.-to the Committee on War Claims. 

By Mr. G. M. THOMAS: Petition of Allen W. Brewer, for a pension-to the Committee on Invalid Pensions. 

By 1\Ir. TRACEY: Petition of business men of Albany, N.Y., for removal of the duty on mplate-totheCommitteeon Ways and Means. 

By Mr. VANCE: Petition of E. S. Cleveland and others, of the 

First district of Connecticut, for the classification of clerks in first-class 

post-offices, and for fixing the salaries of same-to the Committee on 

the Post-Office and Post-Roads. 

By Ur. VANDEVER: Petition of the Woman's Christian Temper- ance Union of Southern California, for repeal of the internal-revenue 

tax on all a.Ifoholic liquors-to the Committee on Ways and :M:eans. By l\fr. VOORHEES: Petition of 1,575 citizens, and of 47 citizens, 

and of 223 citizens of North Idaho for the annexation of the counties of 

Idaho, Nez Perc&>, Shoshone, and Kootenai, Idaho Territory, to "Wash· 

ington Territory-to the Committee on the Territories. 

Also, petition of citizens of Washington Territory for an appropriation of $20,000 for the improvement of the Nooksack River, in said 

TmTitory-to the Committee on Rivers and Harbors. 

Also, petition of the Woman's Christian Temperance Union of East 

Washington Territoxy, for a national commission ofinquiryconce1·ning 

the alcoholic liquor traffic-to the Select Committee on the Alcoholic 

Liquor Traffic. 

By Mr. WASHINGTON: Petition of heirs-at-lnw of Mrs. M:. A. Stevens, deceased, late of Davidson County, Tennessee, for reference of their case to the Court of Claims under provisions of the Bowman act-to the 

Committee on War Claims. 

Also, petition of faculty of Vanderbilt University, Nashville,Tenn., asking enactment of copyright Jaw-to the Committee on Patents. By Mr. vV ARNER: Petition of cattle-dealers and owners, of Kansas 

City, Mo., asking passage of H. R. 945-to the Committee on Agriculture. 

By Mr.WEAVER: Petition of Davin Vail and about 150 others, and 

of William R. Wallace and about 75 others, citizens of the Sixth district of Iowa, for the establishment of a postal telegraph-to the Committee on the Post-Office and Post-Roads. 

Also, petition of J. J. Dickson and48 others, citizens of DavisConnty, 

Iowa, for an amendment to the Constitution relative to the Executive 

and other offices-to the Committee on the Judiciary. 

By Mr. WEBER: Petition of D. H. Crosby, late postmaster at Wilson, 

N. Y., for relief-to the Committee on the Post-Office and Post-Roads. 

By Mr. WHEELER: Petition of Samuel C. McKay, administrator 

of Johnson McKay, of Jackson County, Alabama, for reference of his 

claim to tbe Court of Claims-to the Committee on War Claims. Also, petition of J. W. Dearden !tnd 31 others, for national aid to 

education-to the Committee on Education. 

By :Mr. WHITTHORNE: Petition of Joseph C. Anthony,· of Giles 

County, Tennessee, for reference of his claim to the Court of Claimsto the Committee on War Claims. 

By Mr. W. L. WILSON: Papers in the claims of Philip Gordon ; of Isaac 

V. Burns; of l\Ioses Baylor; of John Cook; of .Jo eph L. Roberts; of 

G. W. Bane; of George Shaw; of George W. Cockl"ell; of A. R.llrown, 

son of Thomas Bro"·n, and of Seorge W. Spotts, of West Virginia-to 

the Committee on War Claims. 

By Mr. WISE: Petition for an appropriation to reimburse the depositors ot the .i''reedman's Savmgs and '.frust Company Bank-to the Committee on Banking and Currency . 

• 
•. 

1888. CONGRESSIONAL RECORD-SENATE. 1173 

The following petitions for an increase of compensation of fourth-class 

postmasters were severally referred to the Committee on the PostOffice and Post-Roads: 

By 1\fr. BROWER: Of citizens of Meadows, Stokes County, North 

Carolina. 

Also, of citizens of Slate, Stokes County, North Carolina. 

By Mr. J. E. CAMPBELL: Of citizens of Perins' Mills, Clermont · County, Ohio. 

By :Mr. CANDLER: Of E. C. Garrison, L. J. Raysdale, and others, 

of Banks County, Georgia. · 

By Mr. COWLES: Of citizens of Lincoln County, and of Wilkes 

County, North Carolina. 

Byl\fr. DUNN: OfcitizensofAlbertha, Randolph County, Arkansas. 

By Mr. FINLEY: Ofcitizens of Green County, Kentucky. 

By M:r. FUNSTON: OfR. C. McDowell and othe:rS, of Kansas. 

By Mr. HERMANN: Of citizens of Boyd and Wasco Counties, Oregon. 

Also, of citizens of ifone, Monow County, Oregon;· of citizens of Waterloo, Linn County; of citizens of Syracuse, Polk County; of citizens 

of Cleveland, Douglas County, and of citizens of Deadwood, Lane 

County, Oregon. 

By Mr. HOUK: Of citizens of Morris GapandofHuffstetler's Store, 

Tenn. 

By l\Ir. LATHAM: Of citizens of Atlantic, Carteret County, North 

Carolina. , By .. M.r. McCORMICK: Of32 citizensofCarpenter, LycomingCounty, 

Pennsy 1 van ia. 

By Mr. l\IcRAE: Of citizens of Longview, Ark. 

By Mr. E. B. TAYLOR: Of citizens of Rapids, Ohio. 

By Mr. WHEELER!' Of James T. Masterson, J. E. Steenson, and J. 

N. Jackson, of l\Iount Hope, Ala. 

By Mr. WHITTHORNE: Of B. F. King and others, of Williamson 

County, Tennessee. . By Mr. ~OST: Of citizens of Mill Gap, Highland County, Virginia. 

The following petitions, praying for the erwctment of a law providing temporary aid for common schools, to be disbursed on the basis of · illiteracy, were severally referred to the Committee on Education: 

By Mr. GRANGER (by request): Of 170 citizens of Fairfield County, 

Connecticut. 

By Mr. GROUT: Of 372 citizens of Caledonia County, Vermont. 

By Mr. LAIDLAW: Of 30lcitizensof Allegany County, New York. 

By Mr. McCORMICK: Of 202 citizens and of 279 citizens of Tioga 

County, Pennsylvania. 

By Mr. MILLIKEN: Of 201 citizens of Somerset County, Maine. 

By Mr. ROMEIS: Of 142 citizens of Ottawa County, Ohio. 

The following petitions, asking for the passage of the bill prohibiting 

the manufacture, sale, and importation of all alcoholic beverages in the 

District of Columbia, were severally referred to the Select Committee 

on the Alcoholic Liquor Traffic: 

By Mr. G. A. ANDERSON (by request): Of 209 citizens of the 

District of Columbia. 

By Mr. BOOTH111AN: 0{ J. H. Brigham and 99 others, citizens of 

the Sb:th district of Ohio. 

By Mr. BURROWS: Of 168 citizens of the Fourth district of 

Michigan. By Mr. HIRES: Of 121 citizens of the First dist.rict of New Jersey. 

By :Ur. S. T. HOPKINS: Of 108 citizens of the Seventeenth district 

of Colorado. 

By Mr. LAIDLAW {by request): Of 158 citizens, and of 132 citizens, 

of the Thirty-fourth district of New York. 

By Mr. McCOMAS: Of the Lombard Street Yearly Meeting of 

Friends held in Ba.ltimore, Maryland. 

By Mr. l\IcCORUICK: Of 116 citizens of the Sixteenth district of 

Pennsylvania. 

By l\Ir. l\IcCULLOGH: Of 106 citizens of the Twenty-first district 

of Pennsylvania. 

By Mr. MERRIMAN: Of110 citizens of Washington, D. C. By Mr. POST: Of 134 citizens of the Tenth district of Illinois. 

By Mr. WEAVER: Of 100 citizens of the Sixth district of Iowa. 

By l\fr. WICKHAM: Of 150 citizens, and of 43 citizens; of the Fourteenth district of Ohio. 

SENATE. 

TUESDAY, Feb r~tary 14, 1888 . . 

Prayer by the Chaplain, Rev. J . G. BUTLER, D. D. 

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

EXECUTIVE CO"!\IMUNIC.A.TIO 'S. 

The PRESIDENT pro tempore laid before the Senate a communication from the Secretary of the Interior, transmitting, in response to a resolution of .January 31, 18 8, a report from the Commissioner of the 

General Land Office, containing certain information called for as to what 

amount of lands upon the Omaha reservation, in Nebraska, have been 

sold pursuant to the statute approved August 17, 1882, and the amount 

paid into the Treasury, etc.; w bicb, with the accompanying papers, was referred to the Committee on PuBlic Lands, and ordered to be printed. 

He also laid l.Jefore the Senate a communication from the Secretarv 

of the Interior, transmitting, in response to a resolution of January 30, 

18 8, a report of the Commissioner of the General Land Office, containing certain information relative to the pnblic lauds in the State of Nebraska; which, with the accompanying papers, was referred to the Com- mittee on Public Lands, and ordered to be p~nted. . 

He also laid before the Senate a communication from the Secretary 

of the Interior, transmitting, in accordance with section 1844 of theRevised Statutes of the United States, a copy of the acts passed by the 

Legislati\c Assembly of the Territory of New Mexico at its twentyse'l'enth session, 1886-'87; which, with the accompanying document, was referred to the Committee on Territories. 

DISTRICT SCIIOOLS. 

The PRESIDENT p1·o tempore laid before the Senate a communication from the commissioners of the District of Columbia, transmitting, 

in compliance with the requirements of a resolution of the Senate of 

January 11, 1888, reports made to them by the superintendents of the 

white and colored schools of the District; which was read. 

The PRESIDENT pro tempore. If there be no objection, the com- munication will be referred to the Committee on Education and Labor 

and printed. 

!~Ir. DAWES. I should think it bad better be referred to the Com- mittee on Appropriations. 

The PRESIDENT p1·o tempore. The resolution to which this is an 

answer was offered by the Senator from New Hampshire [Mr. BLAIR]. 

l\fr. DAWES. I beg pardon j I thought it was in response t<> a reso- lution which I offered. 

The PRESIDENT z;ro tempore. The resolution was offered by the 

Senator from New Hampshire, and, if there be no objection, the com- munication will be referred to the Committee on Education and Labor 

and. printed. PETITIONS .AND MEi\IORIAJ~S. 

The PRESIDENT pro tempore presented a petition of merchants 

and manufacturers of Baltimore, 1\fd .• praying that Congress restrict 

immigration; which was referred to the Committee on Foreign Relahloo& · 

He also presented. a petition of citizens of Fort Worth: Tex., praying 

that an appropriation of $200,000 be made for the erection of a public 

building at that place; which was referred to the Committee on Public 

Buildings and Grounds. 

He also presented a petition of the Board of Trade of Kansas City, 

Kans ~ praying for the erection of 3i post-office building at that place; 

which was referred to the Committee on Public Buildings and 

'Grounds. 

He also presented a petition of the Woman's Christian Temperance 

Union of Kansas, officially signed, praying for legislation to -provide 

for the adequate punishment of crimes against women and girls; 

which was referred to the Committee on the District of Columbia. 

He also presE\nted a petition of the Woman's Christian Temperance 

Union of Nebraska, praying for the abolition of the internal-revenue 

t..u on. alcoholic liquors and tobacco; which was referred to the Committee on Finance. 

Mr. GEORGE presented a petition of 4 senators Pnd 5 representati-ves of the Mi~sissippi Legislature, and 122 private citizens of the 

First and Sixth Congressional districts of l\Iississippi, praying for pro- hibition in the District of Columbia; which was Teferred to the Com- mittee on the District of Columbia. 

l\fr. ALLISON presented a joint resolution of the General Assembly 

of Iowa; which was read., and referred to the Committee on the Judiciary, as follows: 

Joint resolution No.3. 

Be it resol-ved by the Geneml Assembly of the State of Iowa, That our representatives in the Senate and House of Representatives in Congress be requested to use their efforts to secure the passage of a bill which shall require that before 

judgments rendered in the Federal courts sitting in the State of Iowa shall bc'!- come liens upon real estate, transcripts thereof shall be filed with the clerk of 

the court in the county where the real estate is located, and be properly indexed • .Approved February 9, 1888. · 

I hereby certify that the foregoing joint resolution passed the senate and the ~rf~~~f representatives of the Twenty-second .General .Assembly of the State 

[sEAL.) FRANK D . .JACKSON, 

Secl'etary of State. 

Mr. ALLISON presented resolutions adopted by the Republican Club 

of the city of Creston, Union County, Iowa, in 1h.vor of the passage of a measure granting to each Union soldier and sailor who served either 

in the war with :Mexico dr in the war of the rebellion a pension, upon 

the sole condition that the soldier or sailor was honorably discharged 

from the service; which were referred to the Committee on Pensions. 

Mr. V_<l.NCE presented the petition of Minerva Tillery, of North - Carolina, praying to be allowed a pension in consideration of her serv- ices in the Florida war; which was referred to the Committee on Pen- sions. 

He also _presented the petition of Mrs. Delin, Newman, surviving 

)