1887. CONGRESSIONAL RECORD-· HOUSE; 1447 

.ASSA YER OF THE MINT. 

Joseph R. Ryan, of Nevada, to be assayer ofthe mint of the United 

States at Carson, in the State of Nevada. 

CLERK OF COURT IN ALASKA. 

Henry E. Haydon, of Stillwater, Minn., to be clerk of the district 

court for the district of Alaska, vice Andrew T. Lewis, to be removed. 

SURVEYORS OF CUSTOMS. 

Robert Brand, of illinois, to be surveyor of customs for the port of 

Galena, in the State of illinois. 

Louis J. Weiler, of Indiana, to be surveyor of customs for the port 

of ltfichi.gan City, in the State of Indiana. 

Ul\TJTED STATES ATTORNEYS. 

George A. Allen, of Pennsylvania, tom; attorney of the United States 

for the western district of Pennsylvania. 

Daniel N. Lockwood, of New York, to be attorney ·of the United 

States for the northern district ofNew York. 

APPRAISERS OF MERCHANDISE. 

Francis A. Hoffman, jr., of illinois, to be appraiser of merchandise 

in the district of Chicago, in the State of illinois. 

Francis B. Laurenson, of Maryland, to be appraiser of merchandise 

in the district of Baltimore, in the State of :Maryland. 

TERRITORIAL JUDGES. 

William G. Langtbrd, of Washington Territory, to be associate justice of the supreme court of the Territory of Washington. 

James Spencer, of Whitehall, N. Y., to be associate justice of the 

supreme court of the Territory of Dakota. 

RECEIVERS OF PUBLIC MONEYS. 

Daniel J. Sullivan, of Prescott, Ariz., to be receiver of public moneys 

at Prescott, Ariz. 

Bishop Gordon, of Redwood Falls, Minn., to be receiver of public 

moneys at Redwood Falls, Minn. 

REGISTERS OF THE LAND OFFICE. 

Michael F. Battelle, of Luverne, ltfinn., to be register of the land 

office at Fargo, Dak. 

Surville J. De Lan, of Denver, Colo., to be register of the land office 

at Glenwood Springs, Colo. 

UNITED STATES CONSULS. 

Enoch J. Smithers, of Delaware, formerly con.Sul at Chin-Kiang, to 

be consul of the United States at Tien-Tsin. 

Seth A. Pratt, of North Weymouth, Mass., to be consul of the United 

States at Zanzibar. 

Isaac R. Diller, to be consul of the United States at Florence. 

Promotions in the Army. 

CORPS OF ENGINEERS. 

Capt. Henry M. Adams, to be major, January 10, 1887, vice Suter, 

promoted. 

First Lieut. William M. Black, to be captain, December 31, 1886, 

vice Greene, resigned. 

Second Lieut. Hiram M. Chittenden, to be first lieutenant, December 31, 1886, vice Black, promoted. 

Additional Second Lieut. Thomas H. Rees, Corps of Engineers, to 

be second lieutenant, December 31, 1886. . 

TWENTIETH REGIMENT OF INFANTRY. 

Harry D. Humphrey, of Idaho, to be second lieutenant, January 10, 

1887. ORDNANCE DEPARTMENT. 

Second Lieut. William W. Gibson, Third Artillery, to be first lieutenant, January 10, 1887. 

MAJOR OF CA V .A.LRY. 

William P. Chambliss, Fourth Regiment of Cavalry, to be major ot 

cavalry. 

.A.PPOINTl\fE NT IN THE NAVY. 

Albion S. Keith, to be an ensign in the Navy, on the retired-list. 

POSTMASTERS. 

Henry Fox, to be postmaster at Healdsburgh, in the county of So-

;noma and State ~f California. 

James :M:. Miller, to be po.st:master at Vacaville, in the county of 

Solano and State of California. 

Edward Ingram, to be postmaster at Monterey, in the county of 

:Monterey and State of California. 

. P. S. Latch, to be postmast er at Appleton City, in the GOunty of 

Saint Clair and State of Vissouri 

Lewis Brown, to be postmaster at Newport, in the county of Newport and State of Rhode Island. · 

Edwin Judkins, to be postmaster at Franklin, in the county of Merrimack and State of New Hampshire. -

Edwin S. Merrill, to be postmaster at Winchendon, in the county 

of Worcester and State of Massachusetts. 

Buren S. Wasson, .to be postmaster at La Porte City, in the county 

of Blacl!: Hawk and State of Iowa. 

William J. Coogan, to be postmaster at Pittsfield, in ·the county of 

Berkshire and Stat-e of Massachusetts. 

James R. Hall, to be postmaster at I(oward, in the county of Elk 

and State of Kansas. 

Walstine P. Eddy, to be postmaster at Columbus, in the county of 

Cherokee and State of Kansas. Hen~M. Fitzgerald, to be postmaster at Greenwich, in the county 

of Fairfield and State of Connecticut. 

John Q. A. Shelden, to be postmaster at Manhattan, in the county of 

Riley and State of Kansas. 

Henry F. Libbey, to be postmaster at Pittsfield, in the county of Somerset and State of Uaine. 

Sidney B. Warner, tQ be postmaster at East Haddam; in the. county 

of Middlesex and State of Connecticut. 

George F. Thorpe, to be postmaster at Westport, in the county of Fairfield and State of Connecticut. 

Simeon Mudgett, to be postmaster at Dexter, in the county of Penobscot and State of Maine. 

Henry C. Tyler, to be postmaster at Deep River, in the county of 

Midd1esex and State of Connecticut. 

William J. Bradbury, to be postmaster at Fairfield, in the county of 

Somerset and State of Maine. 

Bridget Lane, to be postmaster at Summit, in the county of Union 

and State of New Jersey. 

Marshall P. Dowe, to be postmaster at Danielsonville, in the county 

of Windham and State of Connecticut. 

Henry Penniman, to be postmaster at Winthrop, in the county of 

Kennebec and State of Maine. · 

Jacob A. Bowles, to be postmaster at Hickory, in the county of Catawba and State of North Carolina. 

Eckford Moore, to be postmaster at Trenton, in the county of Mercer 

and State of New Jersey. 

Charles W. Jones, to be postmaster at Griggsville, in the county of 

Pike and State of Illinois. - Mary Sue Sellers, to be postmaster at ltiarion, in the county of Marion 

and State of South Carolina. 

John Stuart, to be postmaster at Pipe Stone, in the county of Pipe 

Stone and State of Minnesota.. 

James G . . Kenney, to be postmaster at Provo City, in the county of 

Utah and Territory of Utah. . Thomas J. Douglas, 2d, to be postmaster at Bridgton, in the county 

of Cumberland and State of 1\Iaine. 

Joshua Goodwin, to be postmaster at South Berwick, in the county 

of York and State of Maine. · Elias B. Hinckley, to be postmaster at Stonington, in the county of 

New London and State of Connecticut. 

George Paul, to be postmaster at Iowa City, in the county of Johnson 

and State of Iowa. 

The above confirmation was accompanied by the following report 

from the Committee on Post-Offices and Post-Roads i which was ordered 

by the Senate to be printed in the RECORD: The Committee on Post-Offices and Post-Roads, to whom was referred the nomination of George Paul to be postmaster at Iowa City, Iowa, in place of Ja- cob Ricord, suspended, has considered the same, and report: That there seems to have been no cause for the suspension of Mr. Ricord other than of a partisan character. He is not charged with anything affecting his in- tegrity as a man or as an officer. Mr. Paul appears to be a p~rson qualified to discharge the duties of the office, and thecommi~tee recommend that he be con- firmed. 

George W. Hess, to be postmaster at Evanston, in the county of Cook 

and State of Illinois. , 

The above _confirmation was accompanied by the following report 

from the Committee on Post-O:ffi,ees and Post-Roads; which was ordered 

by the Senate to"be printed in the RECORD: The Committee on Post-Offices and Post-Roads, to whom was referred the nomination of George W. Hess to be postmaster at Evanston, Ill., to succeed John A. Childs, who was suspended during the recess of the Senate, respectfully 

report: 

That it appears that there were no reasons other than those of a political nature for the suspension of John A. Childs, who was a very efficient and com- petent officer, but, inasmuch as no charges have been made in any way affect- ing his good name and as he does not seek to retain the office, and because no objection has been made to the nomination of George W. Hess, the Committee recommend that the latter's nomination be confirmed. 

HOUSE OF REPRESENTATIVES. 

MONDAY, February 7, 1887. 

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W • H. MILBURN, D. D. 

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

ENROLLED BILLS SIGNED. 

Mr. NEECE, from the Committee on Enrolled Bills, reported that 

tlie committee had examined and found duly enrolled bills of following titles; when the Speak-er signed the same: A bill (S. 2652) for the construction of a military telegraph line 

from Sanford, Fla., to Point Jupiter, Fla., and the establishment of a signal station; 
1448 OONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, 

.A bill (S. 1368) for the r~lief of Richard H. Porter, surviving part- I A bill (H. R. 325) granting a pension to Catharine Waters; ner and assignee of the late firm ofR. H. & James Porter; .A bill (H. R. 3167) to restore the name of Lifurs Roberson to the 

A bill (S. 2477) making an appropriation for the establishment and pension roll; 

erection of a military post near the city of Denver, in the State of Colo- A billlH. R. 4028) granting a pension to Samuel Sawyer; 

rado; · A bill H. R. 4097) for the relief of William J. Owings; 

A bill (S. 1536) for the purchase of suitable grounds in the city of A bill H. R. 5091) to restore the name of Harvey Coburn to the 

Owensborough, in the State of Kentucky, and the erection thereon of pension roll; a public building for the post-office, Unit~d States collector's office, A bill (H. R. 5398) granting a pension to Mrs. Margaret Cashin; . 

United States commissioner's office, and for ~e use of other United A bill (H. R. 5506) granting a pension to Emily Louisa Spicer; 

States officers in said city, and appropriating money for said purposes; A bill (H. R. 6026) granting a pension to John Selby; 

A bill (S. 1042) to pay B.S. James for transporting the United States A bill (H. R. 6069) granting a pension to Owen P. Wilson; 

mails; . A bill (H. R. 6523) granting a pension to Henry Roscoe; 

A bill (S. 388) to grant the right of way through the Fort Bliss Mil- A bill (H. R. 7327) granting a pension to Anthony llfcRobertson; 

itary Reservation to the Rio Grande and El Paso Railroad Company; A bill (H. R. 7335) granting a pension to Michael Todd; · 

A bill (S. 574) for the relief of Robert Strachan; A bill (H. R. 7352) granting a pension toUrs. Sarah Randles; 

A bill (S. 129) authorizing the Secretary of War to adjust and settle .A bill (H. R. 7390) granting a pension to David B. Caldwell; 

the account for arms, ammunition, and accouterments between the Ter- A bill (H. R. 7547) granting a pension to Livingston Clark; 

ritory of Montana and the United States; and A bill (H. R. 7689) granting a pension to Caroline C. McNair; 

A bill (S. 269) for the relief of W. H. Powell. A bill !H. R. 7699) granting a pension to E. A. McFadden; 

PAYMENT OF JURORS. A bill H. R. 7716) granting a pension to Lizzie Brown; 

A bill H. R. 7732) tor the relief of Franz Rossrncker; The Speaker ]aid before the House a letter from the Secretary of the A bill (H. R. 7748) granting a pension to John II. Stucker; 

Interior, transmitting, withaecompanyingpapers, adraught, and recom- A bill (H. R. 7911) granting a pension to Daniel Schultheis; 

mending the passage, of a joint resolution to provide for the payment A bill (H. R. 7983) granting a pension to Mrs. Anna Schier; 

of jurors summoned to condemn site for the Congressional Library; A b'll (H R 8 ) · which was referred to the Committee on Appropriations, and ordered 1 · · 002 to mcrease the pension of Loren Burritt; · • A bill !H. R. 8151) granting a pension to John P. :McDonald; 

to be printed. A bill H. R. 8227) granting a pension to Seth Weldy; 

LEAVE OF ABSENCE. A bill H. R. 8258) granting a pension to Waitie F. Harris; 

By unanimous consent, leave of absence was granted to :rt:tr. LownY A bill (H. R. 8424) granting a pension to James H. Young; 

for ten days, on account of important business. A bill (H. R. 8463) granting a pension to Elizabeth M. J. Meagher; 

UNITED STATES COURT, DULUTH, MINN. A bill (H. R. 8601l granting a pension to James H. Butler; 

On motion of Mr. NELSON, by unanimous consent, the House Cal- A bill (H. R. 8632 for the relief of Emily Luther; 

endar was discharged from the further consideration of the bill (H. R. A bill (H. R. 8791 granting a pension to Sally W. Rice; 

10421) to provide for a term of court at Duluth, Minn.; which was read, A bill (H. R. 8847) for the relief of Phila. Clark; as follows: A bill (H. R. 9004) for the relief of Caroline P. Bolton; 

Be it enaewd,<l:c., That hereafter, and until otherwise provided by law, there A bill (H. R. 9009) granting a pension to Mrs. Susan E. Bari'Jj shall be held annually, on the sec.'ond Monday in July, a term of the district A bill (H. R. 9025) for the relief of 1\Irs. Sophia Sprain, widow, and 

court of the United States for the district of 1\finnesota. at the city of Duluth, in two minor children of Louis F. Sprain; said district, said term to be in addition to the terms now required by law to be .A bill (H. R. 9026) grant.ing a pension to Niriu.s Cissell,· held at the cities of Saint Paul and Winona, in said district. A bill (H. R. 9130) granting a pension to Sarah O'Brien; The amendment of the Committee on the Judiciary was read, asfol- A bill (H. R. 9157) granting a pension to Grant E. Q. Lathermon; 

lows: A bill (H. R. 9169) to place on the pension-roll the name of Charles In lioe 8, after the word" district," insert the following: T W . "And a. grand and petit jury shall be summoned to serve at said term of court · ornom i 

hereby established." A bill (H. R. 9247) granting a pension to Ma1'Y Grimes; 

Mr. SPRINGER. Do I understand this is a report from the Com- A bill (H. R. 9250) for the relief of William B. Barnes; A bill (H. R 9426) granting a pension to Betsy Cooney; mittee on the Judiciary? A bill (H. R. 9443) granting a pension to Elizabeth M. King; 

:~: ~~~~L. 1\tis a unanimous report, and there is no reason A bill (H. R. 9444) granting a pension to Frederick Richmond; 

why it should not pass. A bill (H. R. 9672) granting a pension to Clara M. Tannehill; 

The amendment of the Committee on the Judiciary was agreed to; A bill (H. R. 9862) granting a pension to Mary Jane Magoon; 

and the·bill as amended was ordered to be engrossed and read a third A bill (H. R. 10°25J granting a pension to Clementine Hartinge1·; 

time, and, being engrossed, it was accordingly read the third time, and A bill (H. R. 10082) to increase the pension of Margaret R. Jones; A bill (H. R. 10103) granting a pension to Minerva Abbey; 

pa~~~·NELSON mo;ed to reconsider the vote by which the bill was A bill (II. R. 10104) granting a pension to Caroline L. Shedd; and 

A bill (H. R. 10152) granting a pension to Ellen M. Sturtevant. 

pa;;sed; and also moved that the motion to reconsider be laid on the The message further announced that the Senate had passed hills of 

ta~~~ latter motion was agreed to. the following titles, in which the concurrence of the House of RepreMESSAGE FROM THE SENATE. 

A message from the Senate, by Mr. SYMPSO:Y, one of its clerks, announced that the Senate insisted on i~ amendment disagreed to by the 

House on the bill (H. R. 8869) granting a pension to Mrs. Henrietta 

]1. Drum Hunt, agreed to the conference asked by the House thereon, 

and bad appointed Mr. MITCHELL, of Pennsylvania, Mr. BLAIR, and 

Mr. WHITTHORNE mana?ers on the part of the Senate. 

Also, that the Senate non-concurred in the amendment of the House 

to the bill (S. 2519) granting an increase of pension to Richard B. 

Rians; and asked a conference with the House thereon, and had appointed Mr. SAWYER, Mr. BLAin, and Mr. WILSON, of Iowa, man- agers on the part of the Senate. 

Also, .tbat the Senate agreed to the amendments of the House to the 

bill (S. 2218) for the relief of Lucy A. Washburn. 

Also, that the Senate had passed with amendments the bill (H. R. 

10394) making appropriations for the current and contingent expenses 

of the Indian Department for the fiscal year ending June 30, 1888; in 

which the concurrence of the House of Representatives was requested. 

Also, that the Senate agreed to the report of the committee of conference on the bill (H. R. 7218) to amend an act entitled "An act for 

the erection of a public building at Chattanooga, Tenn.,'' approved February 25, 1885. 

The me8sage further announced that the Senate had passed without 

amendment bills of the House of the following titles, namely: 

A bill (H. R. 10412) to authorize the construction of a wagon and 

foot passenger bridge over the Mississippi River, between the cities of 

East Dubuque in the State of Illinois, and the city ofDubuqne in the 

State of Iowa; 

sentatives was requested, namely: 

A bill (S. 2578) to prohibit members of Congress from aeting as attorneys and employes of railroad companies in certain cases; 

A bill (S. 1321) granting arrears of pension to Richard H. Me Whorter; 

A bill (S. 1986) granting pensions to William Knight, Jacob Parrot, 

William Red<lick, and John Whollam; 

A bill (S. 2248) for the relief of Adam L. Epley; 

A bill (S. 2374) granting a. pension to Mrs. Arabella. Coddington; 

A bill (S. 2421) granting a pension to :Mrs. Maria C. McPherson; 

A bill (S. 2629) granting a pension to .Jane Brown Dunn; 

A bill (S. 2670) granting an increase of pension toJamesH. Thomas; 

A bill (S. 2834) granting a pension to M.rs. Hettie K. Painter; 

A bill (S. 2935) granting a pension to Robert Baxter; 

A bill {S. 3106) granting a pension to Milton Teeter; 

A bill (S. 3107) granting a pension to Catharine F:Ellsworth; 

.A bill (S. 3108) granting a pension to.James Lucas; 

A bill (S. 3131) granting a pension to Hugh Rogers; 

.A bill (S. 3135) granting a pension to Catharine E. Babcock; 

A bill (S. ·3146) granting a. pension to John H. Reynolds; 

A bill (S. 3218) granting an increase of pension to Maria Hunter; 

A bill (S. 3220) granting a pension to H~anah R. Langdon; and 

A bill (S. 3260) granting a pension to Laura A. Wright. 

ORDER OF B'GSINES~. 

Mr. WHEELER. I ask unanimous consent to discharge the Committee of the Whole House from the further consideration of tl:e bill 

(S. 305) for the erection of a public building at Huntsville, Ala., and 

that the same be considered in the House. 

The bill was read. 
1887.- . CONGRESSIONAL RECORD-HOUSE. 1449 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. HIESTAND. I ask for the reading of the report. 

The report was read in .part. 

Mr. HIESTAND. I withdraw the call for the further reading of the 

report. · 

The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. COWLES. They have got along so well without this building, as appears from reading the report, for a period of seventy-six years 

that I think they can get on without it a little longer. I object. 

Mr. WHEELER. The gentleman's objection is made too late. 

The SPEAKER. The Chair thinks not. 

1\Ir. LONG. I ask unanimous consent to discharge the Committee 

of the Whole !{ouse from the further consideration of the bill (H. R. 

10132) to allow soldiers and sailors in the United States service who 

have lost both arms an increased pension. 

Mr. COWLES. I withdraw my objection to the consideration of the 

bill called np by the gentleman from Alabama [Mr. WHEELER]. 

The SPEAKER. Another matter is now before the House. 

The bill H. R. 10132 was read . . The SPEAKER. Is there objection to the present consideration of 

the bill? 

Mr. WALLACE and Mr. COWLES called for the regular order. 

ltfr. LONG. Will the gentleman from North Carolina [Mr. COWLES] 

permit the reading of the report? · 

TERMS OF UNITED STATES COURTS AT TEXARKANA. 

The SPEAKER. The Chair appoints as managers of the conference on the part of the House on the disagreeing votes of the two Houses on the bill (H. R. 9116} to provide for holding terms of United States 

courts at Texarkana, Ark., and for other purposes, Mr. CULBERSON, 

Mr. ROGERS, and Mr. CASWELL. 

OBJECTION WITHDRAWN. 

Mr. LONG. The demand for the regular order is withdrawn for the 

purpose of permitting the report on the bill H. R. 10132 to be read. 

The SPEAKER. Is the demand for the regular order withdrawn? 

Mr. WALLACE. It is not. 

Mr. WHEELER. TbegentlemanfromNorthCarolina[Mr. CoWLES] 

has withdrawn his objection to the bill which I called up. The SPEAKER. But the gentleman from Louisiana [Mr. W ALLACE] demands the regular order, and insists on it. 

ORDER OF BUSINESS. 

The SPEAKER. This being Monday, the regular order of business 

is the call of the States and Territories for the introduction and refer- ence of bills and resolutions. Under this call, resolutions and memorials of State and Territorial Legislatures are in order; also resolutions 

of inquiry addressed to beads of Departments. · 

Mr. MORROW introduced a bill (H. R.11040) to increase the naval 

establishment and protect the harbors of the cities of New York and 

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

Committee on Naval Affairs, and ordere<I: to be printed. 

GEORGE W. BLAKE. 

Mr. SYMES introduced a bill (H. R. 11041) granting an increase of 

pension to George W. Blake; which was read a. first and second time, 

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

printed. 

WAGON BRIDGE AT CLINTON, IOWA. 

Mr. MURPHY introduced a bill (H. R. 11042) to authorize the con- struction of a wagon bridge over the Mississippi River at Clinton, Iowa; 

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

EMERSON F. FALES. 

Mr. LYMAN introduced a bill (H. R. 11043) for the relief of Emer- son F. Fales, late of Company E, Fourth Maine Infantry; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

CONSIDERATION OF BRIDGE BILLS. 

Mr. LYMAN also submitted the following resolution: which was read, and referred to the Committee-on Rules: · 

ResoLved by the House of Representatives, That on the- day of February, 1887, the House take a recess at5 o'clock p.m. until7.30 p.m., and that an evening session be held and set apart for the consideration only of House and Senate 

bills providing for the erection of bridges across navigable rivers reported favorably by the Committee on Commerce. 

CONSIDERATION OF SENATE BILL. 

A-Ir. HENDERSON, of Iowa. I submit the resolution which I send 

to the desk, and ask that it lie over for one day. 

The Clerk read as follows: 

Mr. TAULBEE. I move to refer that resolution to the Committee 

on Rules. 

Mr. HENDERSON, of Iowa. I make the point of order that the mo- tion of the gentleman from Kentucky is not in order at this stage. This 

is a privileged matter. 

The SPEAKER pro temp01·e (Mr. McCREARY). The gentleman from 

Iowa bas a right to ask that the resolution lie over for one day under 

the rules of the Honse. That disposition of the resolution will be made. 

DISTRIBUTION AND DELIVERY OF M.AILS. 

Mr. MORRILL presented a concurrent resolution of the Legislature of 

the State of Kansas; which was referred to the Committee on Railways 

and Canals. 

Mr. MORRILL. I ask unanimous consent that the resolution be 

printed in the RECORD. 

There was no objection. 

The resolution is as follows: 

Whereas the railway-mail facilities of the State of Kansas-have ·failed to keep 

pace with the rapid development of the State; and 

'Vhereas there are 500 miles of railroad in operation in said State upon which 

there is no mail service; and 

Whereas the car facilities on many of the through lines are insufficient for a proper distribution of the mail; and 

Whereas there is not a. sufficient number of postal clerks on many of the lines 

in the State to properly perform the services required of them; and 

Whereas the superintendent of the seventh division of the railway-mail serv- ice has apparently failed to recognize the growing needs of the State: Therefore, 

Be it resolved by the hottse cf representatives of the State of Kansas (the senate con- curring therein), That our Senators and Representatives in Congress are hereby respectfully requested to use their utmost endeavors to secure the nece888.l'y improvements for the proper distribution and prompt delivery of the mail. Resolved, That the secretary of state be directed to forward a copy of this res- olution to each of our Senators and Representatives in Congress. 

I, E. B. Allen, secretary of state of the State of Kansas, do hereby certify that 

the foregoing is a true and correct copy of the original resolution now on file 

in my office. 

In testimony whereof I have hereunto subscribed my name and affixed my official seal. Done at Topeka, this 27th day of January, A. D. 1887. tsEAL.) E. B. ALLEN, Secretary of St.ate. 

HOllE FOR SOLDIERS' MOTHERS, ETC. 

~ir. HANBACK introduced a bill (H. R. 11044) to establish a home 

for mothers, widows, and daughters of so~diers and sailors in the .late war for the Union; which was read a first and second time, referred to 

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

RUTHA A. BENTLEY. 

Mr. RYAN introduced a bill (H. R. 11045) to amend a pension to 

Rutha A. Bentley; which was read a first and second time, referred to 

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

THE OKLAHOl\fA BILL. 

Mr. PETERS presented a concurrent resolution of the Legislat~e of the State of Kansas, favoring the passage of the Oklahoma bill; 

which was read and referred to the Committee on the Territories. 

Mr. PETERS. Mr. Speaker, I ask unanimous consent that that 

resOlution be printed in the RECORD. 

Mr. MORRISON. I object. 

STAR ROUTES AND OTHER POSTAL MATTERS. 

Mr. PETERS also offered a resolution requesting the PostmasterGeneral to furnish the Honse certain information in regard to star routes 

and other matters connected with the postal service; which was read 

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

1\Ir. PETERS. I ask unanimous consent that that resolution be 

printed in the RECORD. 

Mr. EDEN. I object. 

THOMA.S H. FLOURNOY. 

Mr. STONE, of Kentucky, introduced a bill (H. R. 11046) for the 

benefit of Thomas H. Flournoy; which was read a first and second 

time, referred to the Committee on War Claims, and ordered to be 

printed. · SAMUEL ULLMAN. 

Mr. STONE, of Kentucky, also introduced a bill (H. R. 11047) for 

the benefit of Samuel Ullman; which was read a first and second time, 

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

WILLIAM PRESTON. 

Mr. TAULBEE introduced a bill (H. R. 11048) for the benefit of 

William Preston; which was read a first and second time, referred t.o 

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

A. VANGENDER. 

Mr. TAULBEE also presented a resolution of the Committee on Invalid Pensions, asking that A. Van gender b~ allowed the sum of $250 

for extra compensation as assistant clerk to said committee at the second session of the Forty-ninth Congress; which was referred to the 

Committee on Accounts. 

Resolved, That the Committee oftheWholeHousebedischarged from the fur- ESTHER GEARHART. 

ther consideration of the bill (8_.3050) granting a pension to Mary A. Logan, and Mr. TAULBEE also introduced a bill (H. R. 11049) for the relief of that the same be made a speCial order for Tuesday, the 15th day of February h d 1i d d · 1857, immediately after t:tw reading of the Journal, and that the same will be ~ t e estate· of Esther Gearhart; which was re.a a rst an secon time, continuing order until disposed of. · referred to the Committee on Claims, and ordered to be printed. 

• 
J450 . CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, 

BUTTER AND OLEOMARGARINE. 

Mr. WILLIS introduced a bill (H. R. 11050) to amend the act en- entitled "An act defining butter; also imposing a tax upon and regulating the manufacture, sale, importation, and exportation of oleomargarine;" which was read a first and second time, and ordered to be 

printed. 

Mr. WILLIS. I ask that that bill be referred to the Committee on Ways and Means. . Mr. SPRINGER. It ought to go to the Committee on Agriculture. 

Mr. HATCH. I move that it be referred to the Committee on Agriculture. 

The question was taken; and the motion of J\Ir. HATCH was agreed 

to-ayes 79, noes 57. · 

SUPPORT FOR SCHOOLS. 

:Mr. WILLIS offered the following resolution; which was read, and 

referred to the Committee on Rules: 

Resolved, That the Committee on Education be discharged from the further 

consideration of Senate bill 194, entitled a bill to aid in the establishment and 

temporary support of common schools, and that Wednesday, February 16,1887, 

immediately after the reading of the Journal, be set apart for the consideration 

of the srune in the House; no other business to be transacted until the consideration of said bill is concluded. If the consideration of said bill be displaced, 

then the next day not previously set apart shall be devoted to its consideration, 

and so on until the same shall be disposed of. 

TERM OF COURT, OWENSBOROtfGH, KY. 

Mr. LAFFOON introduced a bill (H. R. 11051) to provide for a term 

of court at Owensborough, Ky.; which was read a first and second time, . referred to the Committee on the Judiciary, and ordered to be printed. 

B. F. ROBINSON. 

Mr. McCREARY introduced a bill (H. R. 11052) for the benefit of 

B. F. Robinson, of Garrard County, Kentucky;'which was read a first 

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

to be printed. E. F. PIGG. 

Mr. McCREARY also introduced a bill (H. R.11053J for the benefit 

of E. F. Pigg, of Madison County, Ky.; which was read a first and 

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

be printed. 

LYDIA POSEY. 

Mr. McCREARY also introduced a bill (H. R. 11054) for the benefit 

of Lydia Posey, executrix of Thomas B. Posey, deceased; which was read a first and second time, referred to the Committee on War Claims, 

and ordered to be printed. 

MARY ANN TRAINOR. 

Mr. IRION introduced a bill (H. R. 11055) granting a pension to 

Mary Ann Trainor; which was read a first and second time, referred to 

the Commi~ on Invalid Pensons, and ordered to be printed. 

PROTECTION OF FISHERIES. 

Mr. DINGLEY (by Mr. REED) introduced a .bill (H. R. 11056) to 

protect the fisheries of the United States; which was read a first and 

second time, referred to the Select Committee on American Ship-building and Ship-owning Interests, and ordered to be printed. 

EMPLOYEs IN NAVY-YARDS. 

Mr. BOUTELLE introduced the following resolution: 

.Resolved, That the Secretary of the Navy be, and he is hereby, directed to furnish this House with a list of all persons employed at the several navy-yards 

of the United States from January 1., 1886,. to Janna.ry 1, 1887, with the purp<>ses 

for which employed, rates of compensation, and dates of employment; also n. list of all persons discharged from the several navy-yards of the United States 

between the dates of January 1, 1886, and January 1, 1887, with rates of com- pensation, purposes for which employed, and dates and reasons for their discharge. 

The SPEAKER pro tempore (Mr. McCREARY). This resolution will 

be referred to the Committee on Expenditures in the Navy Department. 

111r. BOUTELLE. I suggest that it should go to the Committee on 

Naval Affairs. 

Mr. TAULBEE. I move to amend so as to refer it to the Committee on Reform in the Civil Service. 

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

the gentleman from Kentucky [Mr. TAULBEE]. 

Mr. TAULBEE. I ask that the resolution be again read. 

The Clerk again read the resolution. 

Mr. RANDALL. I ask that the resolution go to the Committee on 

Naval Affairs. 

Mr. BOUTELLE. Unquestionably it should go there under the 

rules. 

Mr. TA. ULBEE. After hearing the resolution I withdraw my amendment. 

The SPEAKER pro tempore. In the absence of objection the reso- lution will be referred to the Committee on Naval Affairs. 

ferred to the Committee on the District of Columbia, and ordered to 

be printed. 

VENEZUELAN CLA.Il.\1~. 

Mr. RICE introduced the following resolution; which was referred 

to the Committee on Foreign Affairs: 

.Resolved, That the Secretary of State be requeited to furnish this House with 

copies of the correspondence with claimants against the GoYernment of Ven- ezuela. since the passage of the joint resolution of March 3,1883, relating to the 

revival of the general stipulations of the treaty of 1866 with· that government, 

and also copies of any correspondence with the Go'l"ernment ofVenezueJ.ain 

respect to the same not heretofore communicated to this House. 

REPORT OF GREELY RELIEF EXPEDITION. 

Mr. LONG introduced a joint resolution (H. Res. 253) for printing 

5, 000 copies of Commodore Schley's report of the search for the Greely 

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

Committee on Printing, and ordered to be printed. 

PENSIONS. 

Mr. CUTCHEON presented a joint resolution of the Legislature of 

the State of Michigan relative to pension legislation; which was read, 

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

J\fr. CUTCHEON. I ask unanimous consent that this joint resolution be printed in the RECORD. 

Mr. TAULBEE. I object. 

LEN A. POLLARD. 

J\Ir. CARLETON futroduced a bill (H. R. 11058) to restore to the 

pension-roll the name of Lena Pollard; which was read a first and sec- ond time, referred to the Committee on Invalid Pensions, and ordered 

to be printed. SECTION 4444, REVISED STATUTES. 

J\Ir. BURROWS introduced a bill (H. R. 11059) to amend section 

4444 of the Revised Statutes relative to vessels engaged wholly or in 

part in the coastwise service; which was read a first and second time, 

referred to the Select Committee on American Ship-building and Shipowning Interests, and ordered to be printed. 

PENSIONS. 

Mr. TARSNEY presented a joint resolution of the Legislature of 

the State of Michigan requesting Congress to remove the arrears-ofpension limit, and to pension survivors of rebel prisons and soldiers and 

sailors who are disabled and dependent, or who are sixty-two years of 

age; which was referred to the Committee on Invalid Pensions, p,nd 

ordered to be printed. 

Mr. TARSNEY. I ask unanimous consent that this joint resolution 

be printed in the RECORD. 

Mr. MORRISON. I object. 

.ANNE MATTOCKS. 

Mr. TARSNEY also introduced a bill (H. R. 11060) granting a pension to Anne Mattocks; which was read a first and second time, re- ferre·d to the Committee on Invalid Pensions, and ordered to be printed. 

DISTRffiUTION OF METEOROLOGICAL INSTRUMENTS. 

Mr. BARKSDALE introduced a joint resolution (H. Res. 254) to au- thorize the distribution of meteorological instruments to voluntary ob- servers of the Signal Service for the benefit of the agricultural interests 

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

Committee on Agriculture, and ordered to be printed. 

BRIDGE ACROSS TOMBIGBEE RIVER. 

Mr. ALLEN, of Mississippi, i.Iitroduced a bill (H. R. 11061) to authorizetheTombigbee Railroad Company to construct a bridge across the 

Tombigbee River at or near Columbus, Miss.; which was read a first 

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

tope printed. 

HAYDEN SORTER. 

Mr. HEARD introduced a bill (H. R. 11062) granting a pension to 

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

Committee on Invalid Pensions, and ordered to be printed. 

FIREMAN'S INSURANCE OOMPANY, DISTRICT OF COLUMBIA. 

Mr. HEARD (by request) also introduced a bill (H. R. 11063) extending the charter of "The president and directors of the Fireman's Insur- ance Company ofW ashington and Georgetown,'' in the District of Columbia; which was read a first and second time, referred to the Committee 

on the District of Columbia, and ordered to be printed. 

REORGANIZATION OF THE BUREAU OF STATISTICS. 

Mr. HEARD (by request) also introduced a bill (H. R.11064) for the 

reorganization of the Bureau of Statistics, Treasury Department; which 

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

~'ENN.ALLYTOWN, D. C. JOHN BEICHLEY. 

Mr. COMPTON (by request) introduced a bill (H. R.l1057) to change Mr. WEAVER, of Nebraska, introduced a bill (H. R. 11065) grantthe name of that portion of the District of Columbia known as Ten- inga pension to John Beichley; which was read a first and second ti,me, 

nallytown to Tenleytown; which was read a first and second time, re- referred to the Committee on Invalid Pensions, ~d ordered to be printed. 
1887. CONGRESSIONAL RECORD-HOUSE. 1451 

EXTRA HOURS EXACTED FROM CLERKS. 

:1\fr. LAIRD offered a resolution directing the Committee-on Labor 

to find the facts as to whether extra and unusual hours of labor are 

exacted from certain clerical employes of the Government without ex· 

tra compensation, and to report by bill or otherwise; which was referred 

to the Commi~tee on Labor, and ordered to be printed. 

bill; which was referred to the Committee on Agriculture, and ordered 

to be printed. 

GEORGE W. FRY. 

Mr. STORM also introduced a bill (H. R. 11077) granting a pension 

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

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

LAURA A. WRIGHT. _ MATHIAS KINDT. 

1\fr. GALLINGER introduced a bill (H. R. 11066) granting a pension 

to Laura A. Wright; which was read a fust and second time, referred to Mr. STORM also introduced a bill (H. R. 11078) granting a pension 

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

HIRAM H. DARLING. 

l'tfr. GALLINGER also introduced a bill (H. R. 11067) granting an 

increase of pension to Hiram H. Darling; which was read a fust and 

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

PENSIONS TO CERTAIN PERSONS. 

MT. BUCHANAN introduced a bill (H. R. 11068) granting pensions 

to certain persons; which was read a first and second time, referred to 

the Committee on Pensions, and ordeTed to be printed. 

WILLIAJtf GRUFF. 

Mr. HIRES introduced a bill (H. R. 11069) granting a pension to 

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

Committee on Invalid Pensions, and ordered to be printed. 

PETER COFFI:N. 

Mr. BURLEIGH introduced a bill (H. R. 11070) granting a pension 

to Peter Coffin; w bich was read a first and second time, referred to the 

Committee on Invalid Pensions, and ordered to be printed. 

RELA.TING TO CLAIMs. 

Mr. TIMOTHY J. CAMPBELL introduced a bill (H. R. 11071) relating to certain claims; which was read a first and second time, referred 

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

BRIDGET FREILEWEH. 

Mr. LINDSLEY introduced a bill (H. R. 11072) to increase the pension of Bridget Freileweh; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. 

ELIZABETH B. THOl\fSON. 

· Mr. HISCOCK introduced a bill (H. R.11073) directing the commissioners of the District of Columbia to execute a deed of quit-claim and 

release to a portion of an alley in Washington, D. C., to Elizabeth B. 

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

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

HISTORIC GROUNDS. 

Mr. OUTHWAITE submitted a joint resolution of the General Assembly of Ohio requesting Senators and Representatives in Congress to 

vote for and urge the passage of Senate bill 1976 "to provide for the 

survey of certain bist{)ric grounds, locations, and military works;" 

which was referred to the Committee on Military Affairs, and ordered 

to be printed. 

WAR CLA.IMS. 

Mr. GEDDES. submitted a resolution for session Thursday evening, 

February 10, to consider claims reported by the Committee on Wa:r 

Claims; which was referred to the Committee on Rules, and orde1·ed to 

be printed. 

STREETS AND A VENUES IN THE DISTRICT. 

l'tfr. ROl\IEIS introduced a bill(H. R. 11074) directing the commissioners of the District of Columbia to establish streets and avenues in 

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

GEORGE T. RUSSELL. 

l'tfr. HERMANN introduced a bill (H. R. 11075) granting a pension 

to Lieut. George T. Russell, of Douglas County, Oregon, and late of 

Eighty-seventh Company Veteran Reserve Corps, late war; which was 

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

JOSEPH RUSSELL. 

Mr. HERMANN also introduced a bill (H. R. 11076) to pay Joseph 

Russell, of Coos County, Oregon, $310 for property destroyed by hostile 

Indians in Oregon in 1855-' 56; which was read a first and second time, 

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

EXPERIMENT-STATIONS. 

:Mr. STORM presented a joint resolution of the Legislature of Pennsy!Yania., requesting her members in Congress to vote for the passage 

of the bill providing for the establishment of agricultural experimentstations; which was r~ferred to the Committee Qn Agriculture, and 

ordered to be printed. 

MILLER BILL. 

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

Pennsylvania requesting her members in Congress to vote for the Miller 

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

BENJAl\IIN ll. MOSS. 

Mr. STORM also introduced a bill (H. R. 11079) for the relief of Benjamin H. Moss; which was read a first and second time. referred to the 

Committee on Invalid Pensions, and ordered to be printed. 

NATIONAL MEMORIA.L BRIDGE. 

Mr. CURTIN introduced a bill (H. R. 11080) for the erection of a national memorial bridge over the Potomac, from Washington to Arlington; which was read a first and second time, and, on motion of Mr. 

CURTIN, referred to the Committee on Public Buildings and Grounds, 

and ordered to be printed. 

AGRICULTURAL EXPERIMENT-STA.TIONS. 

Mr. BOUND presented a joinb 1·esolution of the senate and bouse 

of representatives of the Commonwealth of Pennsylvania, favoring 

Senate bill for the establishment of agricultural experiment-stations in 

the several States and Territories; which was read at length, and referred to the Committee on Agriculture. 

AltillNDMENT TO LAND LA. WS. 

Mr. EVERHART introduced a bill (H. R. 11081) to allow persons 

in the military and naval service of the United States, who have served 

honorably in any of its wars, to acquire Government lands without residing thereon; which was read a first and second time, referred to the 

Committee on the Public Lands, and ordered to be printed. 

JOSEPH G. MYERS. 

1\fr. RICHARDSON introduced a bill (H. R. 11082) for the relief of 

,Toseph G. Myers, of Warren County, Tennessee; which was read a first 

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

to be printed. 

CLAIMS REPORTED BY COURT OF CLAillfS. 

Mr. RICHARDSON also introduced a bill (H. R. 11083) for the allowance of certain claims for stores and supplies taken and used by the 

United States Army, as reported by the Court of Claims under the 

provisions of the act· of March 3, 1883, known as the ''Bowman act ;'' 

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

, War Claims, and ordered to be printed. 

BRIDGE ACROSS THE POTOMAC TO ARLINGTO~. 

:Mr. BARBOUR {by ·request) introduced a bill (H. R. 11084) authorizing the Secretary-of War to have an iron bridge constructed acToss 

the Potomac River to the Arlington estate; which was read a first and 

second time, relerred to the Committee on the District of Columbia, 

and ordered to be printed. 

G. B. WIBERT. 

Mr. BARBOUR (by request) also introduced a bill (H. R. 11085) 

for the relief of G. B. Wibert; which was read a first and second time, 

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

EDWIN 1\I. LA.WTON. 

Mr. BARBOUR (by request) also introduced a bill (H. n. 11086) 

for the allowance of extra compensation for the services of the late Edwin M:. Lawton, disbursing clerk of the War Department; which was 

read a first and second time, referred to the Committee on Expendi· 

tnres in the War Depl:\ftment, and ordered to be printed. 

. JANE O'RILEY. 

Mr. HUDD introduced a bill (H. R. 11087) granting a pension to 

Jane O'Riley, widow of Thomas O'Riley, late private Company D, 

Thirteenth Wio:;consin Volunteers; which was read a first and second 

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

be printed. · 

MARY F. HARKINS. 

Mr. CASWELL introduced a bill (H. R. 11088) granting a pension 

to Mary F. Harkins; which was read a first and second time, referred 

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

FORT ABRAHAM LINCOLN. 

:1\fr. GIFFORD presented a resolution of the LegisJath:e .Assembly 

of the Territory of Dakota in relation to Fort Abraham Lincoln; which 

was read, and referred to the Committee on Military Affairs. 

M:r. GIFFORD. I ask that the resolution be printed in the RECORD. 

There was no objection. 
1452 CONGRESSIONAL RECORD-HOUSE. FEBRUARY· 7, 

The resolution is as follows: 

Whereas it is reported that the early abandonment of Fort Abraham Lincoln tn this Territory is contemplated by the United States Government: Therefore, Be it resolved by the Legislative Assembly of the Territory of Dakota, That we ear- nestlY protest against any such contemplated action, and do respectfully peti- tion that said fort be maintained and further improved for the following reasons: Its location at the crossing of the Northern Pacific Railroad over the Missouri River makes it permanently suited for a · distributing post for arms and supplies for other posts along the Missouri River and in the country farther west. Its facilities are the very best for the massing of troops, and for their prompt 

dispatch, in case of Indian outbreak, riots, or emergency of any kind, to ex- posed points in every direction. - Its abandonment would necessitate the removal of the bodies of the dead in its cemetery to some other point, many of whom have but recently been brought there from other posts and interred. Its adequate maintenance is a necessity to the settlers in the adjacent country 

who are unprotected except by the near presence of United States troops from the depredations of the roving bands of Indians w}Jo are continually wandering over the country, or from the horrors of an outbreak of the thousands now mas,;ed on the adjoining Sioux Reservation, whose atrocities and massacres are still fresh in the memories of the people, while its abandonment would not only greatly alarm and jeopardize the present scattered settlers and small com- munities, but would also seriously retard further settlement and development of that section of the country. Resolved, That we urge upon our Delegate in Congress, Hon, 0. S. GIFFORD, to use every effort to secure the object above set forth. 

Resolved, That duly certified copies of the foregoing preamble and resolu- tions be forwarded to Hon. 0. S. GIFFORD, the President of the Senate, and the Speaker. of the House of Representatives, at Washington, to be laid before both Houses of Congress, and ordered printed and referred to appropriate committees. 

UNITED STATES OF AMERICA. 

TERRITORY OF DAKOTA, SECRETARY'S OFFICE. 

I, M. L. McCormack, ~cretary of the Territory of Dakota, do hereby certify that I have carefully compared the foregoing copy of house bill No. 50, being a joint resolution protesting against the removal of Fort Abraham Lincoln, ap- proved by the governor January 29, 1887, with the enrolled original now on file in this office, and tha' the same is a correct transcript therefrom, and of the whole thereof. . In testimony whereof, I have hereunto set my hand and affixed the great seal of the Territory-of Dakota, at Bismarck, this 8lst day of January, 1887. [SEAL.] M. L. McCORMACK, 

Sem·etary of Dakota Terr.Uory. 

MRS. THOMAS S. FREE. 

Mr. GIFFORD also introduced a bill (H. R. 11089) granting a pension to Mrs. Thomas S. Free, widow of Thomas S. Free, late major 

Tenth Regiment Iowa Infantry; which was read a first and second time, 

:referred to the Committee on In valid Pensions, and ordered to be printed. 

JAMES M. BROWN. 

Mr. GIFFORD also introd'!lced a bill (H. R. 11090) granting an in- crease of pension to James M. Brown, late captain. Company K, New 

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

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

ORDER OF BUSINESS. 

The SPEAKER. This completes the call. If there be no objection 

the Chair will recognize gentlemen who were not in their seats when 

their States were called. 

There was no objection. 

FLORIAN LISCHEWSKY. 

Mr. BINGHAM introduced a bill (H. R. 11091) restoring to the pension-rolls the name of Florian Lischewsky, late a private of Company C, 

Twenty-ninth Regiment New York Volunteers; which was read a first 

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

ordered to be printed. ELIZABETH HAGGAim. 

Mr. RIGGS introduced a bill (H. R. 11092) granting a pension to 

Elizabeth Haggard; which was read a first and second time, referred to 

the Committee on Invalid Pensiorui, and ordered to be prin~d. 

LEWIS S. BATEMAN. 

Mr. ROGERS introduced a bill (H. R. 11093) for the relief of Lewis 

S. Bateman, late a private in Company G, Fourth Regiment Arkansas 

Cavalry, United States Army; which was read a first and second time, 

referred to the Committee on Military Affairs, and ordered to be 

printed. 

JESSE ROOD. 

Mr. HENDERSON, of Iowa, introduced a bill (H. R. 11094) for the 

removal of the charge of desertion from th~ record of Jesse Rood; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed. 

CHARLES CHUBBUCK. 

Mr. DAVIS introduced a bill (H. R. 11095) granting a pension to 

Charles Chubbuck; which was read a first and second time, referred to 

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

REPORT ON COIDIERCE. 

Mr. HAMMOND presented the following concurrent resolution; 

which was read and referred to the Committee on Printing: 

Resotved by the House of Representatives (the Senate concurring), That 15,000 ad- ditional copies of·thereport on commerce by William F. Switzle.r, Chief oftlie Bureau of Statistics, be printed, 10,000 for t-he use of the House and 5,000 for the use o.f the Senate. · 

REPORT ON HENNEPIN CANAL. 

Ur. BARKSDALE reported back with a favorable recommendation 

the following resolution; which W;tS read: 

Resolved, That there be printed immediately for the use of the House 1,000 

copies, without the maps, of Executive Document No. 79, Forty-ninth Congress, second session, being a letter from the Secretary of War transmitting a report of the Board of Engineers upon the proposed acquisition by the Government of the Illinois and Michigan Canal and construction of the Hennepin Canal. 

The report was rea-d, as follows: 

The estimated cost is tao. The approximate cost of the amount of printing 

previously estimated upon, ordered by Congress within the present fiscal year, the Public Printer states to be $.136,33L'i5. 

The resolution was a-dopted. 

ltlr. BARKSDALE moved to reconsider the vote by which the reso- lution was adopted; and also moved that the motion to reconsider be 

laid on the table. 

The latter motion was agreed to. 

BUSINESS OF NAY AL COMMITTEE. 

ltir. HERBERT submitted a resolution to set aside Tuesday, February 15, for the consideration of business from the Committee on Naval 

Affairs; which was referred to the Committee on Ru1es. 

COTTON TAX. 

ltlr. McRAE introduced a bill (H. R. 11096) to credit and pay to the 

States all moneys collected as n. tax or duty on raw cotton under the 

act approved July 1, 1862, aud the acts aiD;endatory thereof; which was read twice by its title. 

Mr. MoRAE. Mr. Speake;r, in order that this bill may be considered by the same committee and at the same time as the -directtax bill 

l'ecently passed by the Senate and now before the Judiciary Committee, I move to refer it to that committee. 

The motion was agreed to; and the bill was referred to the Committee on the Judiciary, and ordered t-o be printed. 

SARAH SANKS. . 

Mr. HOLMAN introduced a bill (H. R. 11097) granting a pension 

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

Committee on Invalid Pensions, and ordered to be printed. 

FLETCHER S. DEWEY. 

Mr. HOLMAN also introduced a bill (H. R. 11098) granting a pension to Fletcher S. Dewey; which was read a first and second time, re- ferred to the Committee on Invalid Pensions, and ordered to be printed. 

ELIZABETH BROWN • 

Mr. LAWLER introduced a bill (H. R. 11099) granting a pension to 

Elizabeth Brown; which was read a first and second time, referred to 

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

CHARI~ G. MINNICK. 

Mr. LAWLER also introduced a bill (H. R. 11100) granting a pension to Charles G. Minnick, a soldier of the war of 1812; which was read a first and second time, referred to the Committee on Pensions, and or- dered to be printed. 

COAST DEFENSES, ETC. 

Mr. LAWLER offered the following; which was read and referred to 

the Committee on Rules: 

Whereas on the 13th day of December, 1886, the following preamble and reso- lution were submitted in the House and referred to the Committee on Appro· 

priations, to wit: 

"Whereas the rapidly accumulating surplus in the Treasury, largely in excess of the needs to support the Government and discharge the bonded debt as it is called or may become due, is likely to prove subversive of the commercial inter- ests of t.he country and detrimental to the welfare of the people in various es- sentials; and "Whereas the proper executive officers of the Government represent to the Congress that our coast defenses need to be placed in armament so as to meet the requirements of the advanced arts in modern warfare and afford adequate 

protection to the large seacoast and lake-board cities, now absolutely exposed to the mercy of a foreign enemy; and "Whereas, although the personnel of our Navy is composed of officers and sailors of the hi~hest excellence and patriotism, unsurpassed in ability by that of any other nat10n, yet we have no vessels of war worthy the name or capable of competing with the armed cruisers of third or fourth rate powers: and "Whereas it is estimated that nearly one million of willing workingmen are now unemployed throughout the country and suffering consequent deprivation of the necessaries of life ; and " Whereas the happiness and welfare of the Republic are largely dependent upon the employment and contentment of the laboring classes: Therefore, be it " Resolved (as the sense of Ute House of Representatives of the Forty-ninth Congress of the United States), That a. large proportion of the surplus in the Treasury should be expended, through liberal appropriations, for repairing and properly equipping our coast defenses, for construction of war ships worthy the name of an American navy, and for such Federal public works as may be needed in various sections of the country, to the end that these surplus moneys .ll.lay be distributed among the people as wages for their labor to be employed." And whereas on the 24th day of January, 1887, the following resolution, accom- panied by a letter from Admiral Porter, was submitted to the House and re- ferred to the Committee on Naval Affairs, to wit: 

"Resolved, That the Committee on Naval .Affairs be instructed to inquire into and report upon the expediency of immediately appropriating the sum ot 

850,000,000, to be expended under direction of t-he Secretary of the Navy, for the construction, equipment., and armament of such new vessels of war as may be deemed necessary by him; such sum to become and remain a permanent appro- priation for the specific purpose named, not to be covered back in to the Treasury at any time, but to remain available continuously for this purpose until tho Congress shall otherwise direct. 
1887. CONGRESSIONAL RECORD-HOUSE. 1453 

"By unanimous consent, a letter from Admiral Porter to Mr. Lawler, in relation to the subject of the resolution, was ordered to be printed with it." 

And whereas on the 31st day of January,1887, thefollowingpreamblesandres· 

olution were submitted to the House and referred to the Committee on Appro--

priations, to wit: 

"Whereas the belligerent tone of the Canada press and the announcement that 

Great Britain will shortly dispatch a fleet of war-ships to cruise in the vicinity 

of our northeastern coast line indicate hostility toward the United States. grow- ing out of our position on the fisheries question; and 

" Whereas Admiral Porter has directed special attention of the country to the 

fact that twenty-seven of our Atlantic, Gulf, and Pacific harbors are absolutely - defenseless, eleven of these, to wit, New York, San Francisco, Bos,on, the lake 

ports, Hampton Roads, New Orleans, Philadelphia, Washington, Baltimore, 

Portland, Me., and the Rhode Island port.s of Narragansett Bay are in urgent 

need of immediate defenses; and 

"Whereas it is alleged that Great Britain and Canada are in possession of charts 

and exemplifications of all our harbors and coast defenses: Therefore, 

"Resolved, That the President be, and he is hereby, requested as Commander-inChief of the Army and Navy to inform the House of Representatives at an early 

day what steps, if any, are necessary in his judgment to provide for this emer- gency." · And whereas no report has been made to the House upon euher of said preambles and resolutions from said committees, as is required by clause 1, Rule 

XXIV of the Rules of the House: Therefore, 

Be it resolved, That: the Committee on Appropriations and Committee on Naval 

Affairs, be, and are hereby, discharged from the further consideration of said 

preambles and resolutions. 

And whereas due regard for the welfare of the Republic demands that some definile action be taken upon the subject matter contemplated by said resolutions, so that the Congress, if deemed necessary, may take precaution for the 

public defense under the powers conferred by section 8, Article I of the Constitution of the United States, and in accordance with the prevailing sentiment of 

the people thereof as ex-pressed in the public press, Be it further resolved, That after the call by States for introduction of bills and 

resolutions shall have this day been fully answered, the Home shall immediately thereupon take order for consideration, either in whole or in part, of said 

preambles and resolutions, and resolve itself into Committee of the Whole on the state of the Union for that specific purpose; that two hours be allowed for 

debate thereupon, unless sooner concluded, and a vote to be t-aken at once thereafter by the House upon the adopt-ion of any or all of said resolutions as the House mav direct. 

:M:r. RANDALL. .As that preamble contains a reflection upon the 

Committee on Appropriations, I thfuk ·it proper to say that that committee have considered the subject, and that the original matter is not 

within the range of the rule to which reference is there made, but is a 

demand on the President for certain opinions, and it is quite unnecessary to adopt any resolution of that kind, because the Constitution provides that the President shall from time to time give to the Congress 

information of the state of the Union and recommend to their consideration such measures as he shall judge necessary and expedient. 

Mr. THOMAS, of illinois. On behalf of the Committee on Naval 

Affairs, I wish to say that the resolution referred to as having been 

referred to the Committee on Naval Affairs has been considered by that 

committee and will be reported to the House in due time. 

JOHN T. LYNCH. 

Mr. BLAND introduced a bill (H. R. 11101) fo1· the relief of John T. 

Lynch, administrator of David Lynch; which was read a first and second time, referred to the Committee on War Claims, and ordered to be 

printed. 

SIMEO~ TROW. 

Mr. BLAND also introduced a bill (H. R. 11102) for the relief of 

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

Committee on War Claims, and ordered to be printed. 

BRIDGE NE.AR MUSSEL SHO.ALS CANAL. 

Mr. WHEELER introduced a bill (H. R. 11103) authorizing the construction of a bridge over the Tennessee River at or near the foot of 

Mussel Shoals Canal, and for other purposes; which was read a first and 

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

printed. 

EXTRA COPIES OF PENSION .ACT. 

Mr. WHEELER also offered the following resolution; which was read, 

· and referred to the Committee on Printing: 

Resolved, That the Public Printer be directed to print 15,000 extra copies of 

the act grantinlil:' a pension to the surviving officers and enlisted men of the 

Army and Navy and the widows of such officers and enlisted men for the use of the House. 

WILLIAM E. PARKER. 

Mr. CRAIN introduced a bill (H. R. 11104) granting a pension to 

William E. Parker; which was read a first and second time, referred to 

the Committee on Pensions, and ordered to be printed. 

CUTHBERTSON S::Y.ALL. 

Mr. LITTLE introduced a bill (H. R. 11105) for the relief of Cuthbertson Small; which was read a first and second time, referred to the 

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

RETAIJ... LICENSE FOR VENDING OLEOMARGARINE. 

Mr. O'NEILL, of Missouri, introduced a bill (H. R. 11106) to reduce 

the retail license charged to venders of oleomargarine and butterine · 

which was read a first and second time, referred to the Committee o~ Ways and Means, and ordered to be printed. 

FOURTH COLLECTION DISTRICT OF VIRGINIA. 

Mr. D.A. VIS, under authority heretofore granted, submitted the views 

of the minorityofthe Committee on Co~merce on the bill (H. R.. 11025) 

to amend an act approved J nne 15, 1882, changing the. boundaries of 

the fourth collection district of Virginia. 

CLAIMS AGA.lNST THE GOVERNMENT. 

Mr. SPRINGER. Mr. Speaker, I call up the pending motion to 

suspend the rules and pass _the bUns. 2643) being an act supplemental 

to an act entitled ''.An act to afford assistance and relief to Congress and 

the Executive Departments in the investigation of claims and demands 

against the Government," approved March 3, 1883; and I desire to offer 

an amendment which I send to the Clerk's desk. 

The SPEAKER. The gentleman from illinois [M.r. SPRINGER] calls 

up the pending motion to suspend the rules to pass the bill he has indicated. The gentleman states that he proposes to modify the bill. .A 

second has been demanded but not ordered. 

Mr. BURROWS. We have a morning hour, do we not? 

The SPEAKER. Upon the :first and third Mondays of the month. 

The Clerk will report the amendment proposed by the gentleman 

from illinois [Mr. SPRINGER]. 

The Clerk read as follows: 

· The Committee on Claims have instructed me to move to suspend the rules and 

pass the bill (S. 2643) being a bill supplemental to an act entitled "An act to afford assistance and relief to Congress and the E.xecutive Departments in the 

investigation of claims and demands against the Government," approved March 

3, 1883, with the foliowing amendments thereto: 

Strike out all after the enacting clause of the bill and insert in lieu thereof the 

following: "SECTION 1. That whenever any bill or petition shall be introduced in either House of Congress providing for or asking the payment of a private claim 

against the United States, legal or equitable, or for a grant, gift-, or bounty to any 

person, or for relief of any kind, involving the investigation offacts, the House in which such bill or petition is introduced shall, before final action is taken 

thereon, refer the !!a me to the Court of Claims, which shall proceed with the same in accordance with the provisions of the act approved March 3, 1883, entitled 

'An act to afford assistance and relief to Congress and the Executive Depart- ments in the investigation of claims and demands against the Government,' and 

report to such House the facts bearing upon such claim, grant, gift, bounty, or relief, as required therein and by this act. · · "SEc. 2. That hereafter all private claims, demands, or applications for any 

grant., gift., bounty, or for relief of any kind that may be presented to Congress shall be presented by petition only, which shall set forth the facts upon which 

such claim is based or such relief is sought, n.nd which shall be signed by the 

claimant or his agent or attorney,and neither House of Congress shall consider or entertain, for any purpose other than that of referring the same to the Court 

of Claims, or to some judicial tribunal or comrrussion under existing law, any such claim or demand against the United States which involves the investiga- tion of facts, or any bill or petition for any grant, gift or bounty to any person, or any relief whatever, involving the investigation of facts, until such facts shall 

have been investigated by such court,judicial tribunal, or commission, and the 

findings of fact reported to Congress. And it shall be the duty of the Secretary 

of the Senate and the Clerk of the House, under such rule.s as each House may prescribe, to transmit the same to the Court of Claims as herein required. "SEc. 3. That at the adjournment of this Congress all bills and petitions relating to private claims against the Uuited States, legal or equitable, or for any grant, 

gift, bounty. or relief of any kind to any person, which may be pending in either House of Congress or before any committee of either House, except such as have been reported upon by the Court of Claims, or the accounting officers of 

the Treasury Department, shaU, by the Secretary of the Senate and the Clerk of 

the House, respectively, be referred to said court,togetherwith aU papers on file 

relating thereto, as hereinbefore provided; and all such bills, petitions, claims, 

and demands shall be investigated by the court, as provided by this net and the act of March 3, 1883. The Secretary of the Senate and the Clerk of the House shall enter in thejournalsoftheirrespective Houses, and in the CoNGRESSIONAL 

RECORD, a statement showing what bills, petitions, or claims have been so trans- ferred. . . " SEC. 4. Any person having a claim or demand against the United Stat-es which 

is barred by a statute of limitation, or which is not cogn~ble by any court au- thorized to hear and determine the same and to render judgment thereon; may file his petition therefor in the Court of Claims, subject to the provisions of this act and the act to w llich this is an amendment, and have the facts relating theret-o 

iudicially ascertained, and report made to Congress as herein required. But nothing in this act shall be construed as committing the United States to the 

pa.yment or, any claim o1· demand referred to the Court of Claims or instituted 

under this act, or the act to which this is an amendment, and no judgment shall 

be entered thereon by the court. "SEc. 5. That the Court of Claims is required to promptly consider all matters referred and presented to said court, under such rules and regulations as it may adopt, and subject to the provisions of existing law. And on the first day of each regular session of Congress the clerk of the Court of Claims shall transmit to each House of Congress a full and complete statement of the findings of fact in 

each case investigated, and not theretofore reported, stating what amount, if 

anything, is due the claimant or claimants; whether the claim or demand is 

founded upon any act of Congress, or upon any contract, express or implied; 

the laches or diligence of the claimant or petitioner in presenting the claim or demand against the Unit-ed States; and such other findings of fact and conclusions of law as may be required by an act of Congress and as the court shall 

deem material to enable Congress to pass upon such claim, demand, or petition. 

Tha.t until such claim, demand, or petition is finally investigated and reported 

upon to Congress by the court, as provided by this act, and the act to which this is an amendment, neither House of Congress shall consider the same, by bill or oLherwise, in reference to allowing the same. "SEC. 6. That it shall be the duty of the Attorney-General, or his assistants un- der his direction, to appear for the defense and protection of the United States 

in all cases which may be transmitted to the Court of Claims or instituted un- der this act1 or the act to which this is an amendment. And it shall be the duty of the district attorney of the United States to appear for the Government in all cases where depositions are taken in their respective districts, to be used in the 

Court of Claims, and to cross-examine witnesses, and to protect the interests of 

the United States. · "SEc. 7. That reports of the Court of Claims to Congress under this a.Ct, and the act to which this is an amendment, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from 

Congress to Congress until the same shall be finally acted upon. 

"SEc. 8. In all cases which may be brought before the Court of Claims, or re- ferred to it under this act, or the act to which this is an amendment, the claim- ant shall pay all costs in such court which may be incurred by him in the investigation of the facts and in procuring the depositions of witnesses. And the court shall enter judgment- against the claimant therefor at the instance. of the 

attorney;for the United States or any person entitled thereto." 
I· 

1454 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7; 

Mr. RANDALL. Mr. Speake:r-- i ADDITIONAL COPY QF A. BILL • . 

1\Ir. SPRINGER. I ask una.nimous consent that n ;second may be The SPE.A.KER. If the gentleman from Illinois [1\Ir. SPRINGER] 

considered as ordered. ' will give way fo:r a mo:m~ntthe Chair desires to lay before the Honse a The SPEAKER. - A second was demanded on the previous day, and resolution: ' · 

pending the vote by :billers the House adjourned. The gentleman from The Clerk read as foll-ows: 

illinois now :asks un~~ .consent tha~ a second may be considered 1 JU.solved, 'Tha.t the Senate be requested to fur-nish the House with a duplicate 

as -ordered. Is there Db]ectiOn? engrossed copy of Senate bill2225, to in:demnify cert in subjects of th"6 Chinese 

M1:. STEELE. We had better hav-e :a second. Empire for losses sustained by .the violen<Je of a mob at Rock Springs, in. the 

The SPEAKER. The gentleman from Tennessee [.Mr. McMILLIN] ; ~~tory of Wyoming, in Septem.ber,l88a,rtbe original having been lost or misdemanded the second before1 :and the gentleman from I~ [Mr. The SPEAKER. The bill referred to in this :resolution is <Cmbmced 

STEELE] now :renews the demand. The gentlem-an from llim01s [Mr. in the class of b · fix d fl to dJ . th . · 1 :de SPRTh"'GER] ana the gentleman from Tennessee will ae.t as tellers. ; . . . Uffi?ess e or_ -m.o:rrow nn er e :Specm 01 r. 1\K- :c::<TJ'I"Il"ULE 1 · to ;,~ tary . . Th bill · If there be no obJection the resolution wil1 be agreed . to; and the Clerk J.tLL. .o~ • nse · .a. Jl3fl'u~en . mqmry. . e • pre- ' will request from the Senate :a copv <Of the bill designated. sented by the gentleman from IllinoiS Dna former day-under thiS order There b · b'ec&n th • I uti 'd d d do ted. was not the same as that which he now submits. Can it be changed , erng no 0 ~ 1 e reso on was const ere an a P 

without unanimous consent? CLAIMS AGAINST THE GOVERNMENT. 

The SPEAKER. If a .second had been .ordered the bill, as the ·Chair Mr. -SPRINGER. Mr. Speaker, I shall briefly state what is proposed 

has heretofore ruled, could not be changed; but the gentleman having to be done under the provisions ofthlsbill. .And in thefu:stplace I wish 

merely submitted his motion, and no second having been ordered, he it to be understood that this bill is :as broad as the right of petition. 

this morning states that by direction of the committee he makes cer- For, sir, ev:ery citizen of the United States under thB Constitution has 

tain tChanges in the bill, which the Chair thinks he has :a right ito do. the right to petiti-on Congress for relief. Now, what is to be done when 

The House divided; and the tellers reported-ayes 151, noes 134 thn.tpetiti~ncomeshere? Arewetodenyeverything, orarewetogrant 

'Mr. STEELE. I am willing that a second be considered as ordered, everything which is asked .at our hands? Or shall we require the petiand mH not make the point of {'no quorum. 'J tioner to go before :a court of competent jurisdietio.n and first have the 

The SPEAKER. There is a secondj and under the rules thirty · facts judicially ascertaine~ and then have those facts reported to usfo11 

minutes are now .allowed for debate, fifteen minutes in .support of the our action? T.P,.at is what is proposed by this bill. and that is all there 

moti-on -and :fifteen ruinates against it. The Chair will :recognize the is in it, except as to details how it sb.all b:e done. 

gBntlemanfrom Illinois [Mr. SPRTNGER] toeontrol the time in suppo:rt Then follow:s this provisio~ applicable to all cases coming here; 

of the motion and the gentleman from Tennessee [Mr. Mc.Mn.LINJ to That nuthing in this act shall be constru.ed as committing tb"6 United States control the time in .opposition. to the payment of .any elaim or deman.d referred t-o the Court of Claims or inMr. McMILLIN. lli. Speaker, itjg proper I should state that when stitnted under this act, oT the act to which this is an aiDendmentI demanded a second .at the time this proposition was first presented to Which is the Bowman actthe Honse, I did so because in the bill as then submitted certain .classes and no judgment shall be entered thereon by the co111't. 

of claims were discriminated ~o-ainst. That objection having been It is simply putting the Conrt of Claims where the Committee of the · 

obviated .in the amended bill offered this morning, I do not feel it Whole Honse on the Private Calendar now is1 as the first place where 

would he right for me to control the :time in opposition to the mea- thefactBshaU beconsideredandadjudicated. So that when we get are- sure. port from that Committee of the Whole House on the Private Calendar, 

The SPEAKER. The Chair will then recognize the gentleman from or from this C0urt of Claims, and the facts j udiciaDy ascertained, we 

PffiiDSylvania. IML RANDALL] to .control thetime in >Oppo::.-ition to the will then know what we ought to do. 

meticm. 1 ItrequirestheAttorney-Genem1shall bepresent byhimselfor..assistMr. XANDALL. .lli.. Spe.a.ker, -my opposition to this measnre is ant in the Court of Claims to protect the interests of the United States. 

based <On Olll' lack -of .sn::ili information :as would advise the House in Further, it is provided thatnodepositions shall betaken in the·districts 

regard to th~ effect of the bill if ·enacted into 1aw. If I rorrectly nnder- ·of the United States unless the district atto:rney shall appear in behalf of 

stand the bill, the 60~ '000 claims which wer.e eo.nsidered by the Southern the United states to cross-examine witnesses, .so that no claim .shall be 

Cln.ims Commission, 10,000 of which were rejected, and of the remain- examined and passed upon .against the United States upon ex parte 

ing 5'0.009 -only'7 per rent. allowed, and -also the 401000 claims which testimony. The Government -of the United States is protected by the 

were .acted u_pon 'by the Quartermaster's Department and the auditing district attorney being required to a:ppeax and ~·examine witnesses 

o.fficers{}fthe Treasary Departmen~ would, under thBol)erationof this in behalf of the United States. 

bill., go before the Oourt <1f Claims for report upon the facts on which Mr. BURROWS rose. 

those clalms are based. If we .could .amend this proposition so as to Mr. SPRINGER. Wait a moment. 

p:rovide that :all claims heretofore aeted upon and determined by the :Mr. Speaker, it is required, furth~, tbat all of these depositions and 

Sou..them Claims Commission~ .and all claims which have been rejected all expenses in.curred by the claimant .shall be .at his own cost. So that 

or passed npon under the act known as the 4_th of J u1y act shall be -Congress says t-o .a claimant, prove your case in a judicial way and we 

excluded from the opex:ation of the bill, then the limitations 'Of ex- wil.l decide whether you are entitled to relief or not. 

istmg law as to cla.imsagainstth~Governmen'twouldnotbedestroyed. :Mr. BURROWS. Wbat about claims which are barred? 

But, if I understand correctly the effect of the bill in its present form, it 11Ir. SPRINGER. All claim:S barrro by the law now are barred 

w<>uld practi-cally authorize the revival of every one of those claims so faJ" as entering a judgment but not for .a jndieial ~certainment of 

which ha-ve her-et<(Jfore been passed upon and rejected or in ~art paid. the fa.et.s.. 

.Mr. &RINGER. The gentleman does not understand the bill. . Mr. BURROWS. Does not this bill remove the bar? 

ML RANDALL. I may nn.t understand it; but I have seen so much Mr. SPRINGER. No; this bill does not. To-day a claimant may 

of this character of legislation in behalf of claims that I want to un- go to the Court of Claims and have his right for relief here and the 

derstand it, and I want the Honse to understand it;. I .at least desire case prosecuted to judgment where th-e law so provides. 

to e eKempt .fr-om ail responsibility in this matter if the effect of this · 11Ir. BURROWS. What is the provision about removing the bar 

.meastn'e ·ehonld be, as I fea:r it may beJ to take money out of the Treaa- which exists under the present law? 

my :im,pro_p&ly in the payment of elaims which have .already been Mr. SPRINGER. It removes tbe statute of limitations as to claims 

acted npo.n by .a suitable tnlmnal provided for that pUipQSe. This is in reference tn the nnding of faets. 

all I etre to say l()D the question. Mr. BROWN, of Pennsylvania. Has the gentleman .any objection 

.ML REED. Has this bill ever been printed? to an amendment? 

Mr. SPBINGER. Not in the shape in which it stands now. Mr. SPRINGER. I have ~Iready said, and will again repeat, that 

ML REED. In other word~ we are asked -. to pass a bill which we · this bill, so far as judicial ascertainment of :fu.cts is concern~ is as 

hav-e not had :an <Opportunity to examine in print. broad as the right of petition. You can not prevent anybody from 

1\lL SPRINGER. I think I can make this matter so plain to the sending a petition to Co%oress asking for :relief, and then it is for Congentleman from :Maine that he will be willing to vote for the bill upon gress tn grant the relief asked for or to deny it. The Bowman act setB 

the reading from the Clerk's desk. It is not in ,any such .shape as to forth the provisions in relation to the presentation and preparation of 

-SU1Tound it with any mystery whate~r- claims. 

Mr. ROGERS.. There is on~ question I w011ld lik~ to put to the gen- · Mr. BURROWS. Is there any enlargement in this bill of the Bowtleman:from IDinois at the outset-whether the court in adjudicating man act? 

claims und.Jer this bill will do anything more than find the facts and Mr. SPRINGER. The Bowman aet determines how claims shall be 

certify them to· congress, and whether Congress will not then be en- considered. 

tircly free in determining as to the propriety of an appropriation. Mr. ROWELL. Does not tb.is bill-open it to a larger .adjudication 

Mr. RANDALL. But the bill gives an opportunity for the reopen- of claims? 

ing of claims which have already been adjusted by the Government. Mr. SPRINGER It does not anthorize any final adjudication. 

_ML ROGERS. I was addressing my question to the gentleman from . Mr. ROWELL. Does it not allow claims to be again presented? 

Illinois .[Mr. SPBINGER], who claims to understand the bill. , . Ur. SPRINGER. No; it does not except for the ascertainment of 

Mr. RANDALL. And I was making .answe:r to the remark .o.f the , the facts. .Before we are required to pass upon the merits of a case the 

gentleman from Arkansas [Mr. RoGERS]. claimant is reqmred to prove his ease in .a court of jdstice. Nobody 
1887. CONGRESSIONAL. RECORD-HOUSE. 1455 

can object to that provlSwn. It enables the petitione-rs who petition 

Congress for relief to .go to the C.ourt of Claims and prove the facts upon 

which they ask for relief: There is no.prejudice to the Government 

and no :advantage ga-ined by the claimant. Unless heproves his case of course he gets no relief. Who will my any Amerimn citizen .shall be 

deprived of a f.ornm in which he may show by competent testimony he 

bas a just claim ~o-ainst the Government? That is all I ask for anybody: That if anybody has a claim against the United States, the 

United States will open a. tribunal where the facts may be presented. 

:Mr.. BROWN, of Pennsylvania.. Does notthisbillallowhim to come in twice? 

l't!r. SPRINGER. Not n.t.all. 

Mr. BROWN, of Pennsylvania. Has the gentleman any objection 

to permitting an amendment excluding the class of claimants referred 

to by my colleague (Mr.. RANDALL]? 

Mr. SPRINGER. I have no o"Qjection to excluding any on.e who has 

already had a hearing of the facts in his case. Mr. SENEY. Let me ask the gentleman does this reopen the claims 

already rejected? 

Mr. SPRINGER. It will have the effect I have stated only. 

ML PERKINS. I would like to ask the gentleman it; under the 

present law, he knows of any instance where the House1 or a committee 

of the Honse, has accepted the findings of the Court of Claims upon any 

matter submitted to it ? 

Mr. SPRINGER. I do not know of one that has been passed without examination. 

Mr. PERKINS. 'Then I woul<llike to ask how Congress is to get 

relief nnder the operation of such a bill as this? 

Mr. SPRINGER. The claim is to be sent there in order to have a 

,judicial ascertainment of the facts. 

:M:r. PERKINS. But if the findings of fact are not accepted after 

they are made, how .does Congress get any relief? Now, my observation is that neither the House nor its committees are·disposed to accept 

the findings of the court. 

Mr. SPRINGER. Let me ask, in response to the gentleman: Is it 

easier for the House fu determine the merits of a case when the facts 

have been ascertained only by ex parte evidence? In which way will 

the interests of the Go-vernment be best subserved? If it is easier to 

determine a:nd to do j nstice after the j udiei.al ascertainment ofthe facts, 

let us have that judicial ascertainment; and I assume that those who are to .come after us will be just as jealous of the rights of the Government and as careful guardians of the Treasury as this Congress <Or its 

predecessors. 

Mr. HEARD. Let me ask the gentleman from Tilinois, does this sub- · 

stitute, .as proposed, provide that the findings of the Court of Claims 

shall :relate to questions of law aa well as questions of fact? 

Mr. SPRINGER. The court will take cognizance ·of the law under 

which a claim is predicated. 

I yield now five minutes to the gentleman from Missouri [Mr. WAR2\~R], a member ofthe committee. 

Mr. STEELE. .Before the gentleman yields the floor I would like to 

n.sk whether this bill would not send all private pension clai:mB to the 

Court of Claims, :and thereby enable the Government to employ its attorneys against the rights of a claimant, and no provision is made for 

the employment .of counsel for a claimant who is too poor to employ 

counsel himself? 

Mr. WARNER, of Missouri. Mr. Speaker, this bill is in substance 

the same as that reported from the Committee on. Cia,ims at the fir.st 

session of this Congress, with this, I may say, important -exception: 

That bill referred all private and domestic claims, other than war · claims~ to the Court of Claims for a finding of fact, and they make re- port to Congress before such cla.ims could be acted upon. 

When the bill now under considerati{)n came over from the Senate it was thought best to enlarge that jurisdiction a.nd to refer all claims against 

the Government, including war claims, which we are daily considering 

in this House to the obstruction of other business, simply for a finding 

of fact and to report that finding of fact back to the Honse. It .simply 

presents this proposition, whether we are dealing fairly with the claimants, and whether we intend to consider their matters in Congress or simply keep on holding the word of pl'Omise to :the ear while we con- tinually and persistently break it to their hope. 

111r. ROWELL. Will the gentleman permit me to ask him a question? 

Mr. WARNER, of :Missouri. I have but five minutes, and must 

decline interruptions. 

There have been sent by this Congress up to date 4,550 bills to the 

Committee on War Claims. During the Forty-eighth Congress the 

whole number so referred amounted to '2,149. The Committee on Claims of the present Congress have had 1,800 bills referred to it, 

while during the last Congress only 913 were referred to that committee. 

I have not time, sir, to follow out this table through all the different Congresses, butithasbeencontinually increasingandgrowingupon 

us, until to-day I state here, without fear of .successful contradiction, 

that it is only the favored few that receive any consideration at the 

hands of Congress. · 

Jtfr. PETTIBONE. Or ever will. 

Mr. WARNER of Missouri. 'The man who has a member w press 

his 'Claim in season and out of season, who can get recognition perchanee 

to have it passed by unanimous consent, can get his claim considered; 

while the hundreds, the thousands, and tens of thousands who have 

just claims can get no relief or consideration. 

Mr. MILLIKEN. Let me ask the gentleman how many of these 

claims hav.e been considered? 

Mr. WARNER, of Missouri In round numbers 10,000 privaro bills 

have been introduced in the Forty-ninth Congress up to this time, 

and 2,041 have been reported, but only a very small percentage of that 

number have become laws or ever will become laws. 

But let us see a little further, for we might as well look at the question squarely. It becomes alarming as to the time of Congress that is 

spent in considering the:;e eases. The committees of tbe House are largely in the -dark in arriving at the fads in a given case. But a few 

weekssincewehadanimportantmatterinvolvinganunknownamount; 

$200,000 was said to be a just amount by one part of the committee, 

563,000 said another part of the same committee, and 67,000reported 

by another committee. In the absence of a judicial finding of fact, the 

question as to what amount is just in that case, we were asked to pass on that important ease. No member pretended to give, and no member probably knew, the exact facts. Why not, the~ refer such claiills 

for judicial ascertainment? Are we afraid to permit cla,imants to es- tablish the facts of their claims against the Government? 

But another matter. In the . Forty-seventh Congress the expense of 

printing bills and reports thereon was $85,438.82. During th.e Fortyeighth Congress this amounted to $96,336.59, while up to the 28th day 

of January of this Congress the amount paid for printing bills and the 

reports thereon had run up to the enormous sum of $1591674.55. Of 

this amount, Mr. Speaker, the Public Printer estimates that at least 

two-thirds is chargeable to private bills and reportB thereon. The 

question is then presented, does this House, in the consideration of these 

bills, propose to undertake the ascertainment of the facts themselves, 

where1 as in the McMinnville case that went out to the country a. few 

days RoO'Q, it is adisputedquestionas to what were the faets in that case, 

and it will go down to history as a disputed question in just as much 

doubt a.s that other question. '' who struck Billy Patterson.'' The question presented to us is, are we doing that justice to the citizens of this 

Government that the Government of England and every other great 

government does as a matter of justice to its citizens ? 

The other great nations go much further than is asked by this bill. In the Brown case (6th Court of Claims Report, 192), Nott, justice, in delivering the opinion of the court, uses this language : "That the legal redress given to a citizen or the United States against the United States is less than he can have against almost any government in Christendom. The laws of other nations have been produced and proved in this court, and the mortifying fact is judicially established that the government of the United States holds itself of nearly all governments the least IID:lenable to the laws. * * '* Of all the Governments of Europe, it is believed that Russia. alone does not hold the state amenable in matters of property to the law. Of all the countries wh9se la. ws have been examined· in this court, Spain only re- sembles the United States in fettering the judicial proceedings of her courts by 

restricting and leaving the execution of their decrees dependent upon the legislative will. · * • • FiTSt in the high civilization that protects the individual and assures his rights stands thegrea.t Empire of the German States." In Eugla.nd, notwithstanding the principle underlying the English constitu- tion that the king can do nD wr-ong, the citizen who has u. claim against the government is furnished with a mode of obtaining redress. Mr. Justice Davis, in the O'Keefe case (11 Wall.,l83),says: . "The law allows him (the citizen) by petition to inform the kin.g or the na- ture of his grievance, o.nd as the law presumes that to know of an injury and to redress it are inseparable in the royal breast, it then issues, as of course in th': king's own name; his orders to his judges to do justice to the party~­ gneved. 

"This valuable privilege, seeured to the subject in the time Df Edward I, is now crystalized in the common law of England. As the prayer of the petition is grantablee:z: debitojw;titi~, it is called a petition of right, and is a judicial pro- ceeding to be tried like slrits between subject and subject. It does not exist by 

virtue of any statute, nor does the recent legislation in England concerning it do more than to regulate the manner of its exercise, and tD confer on the peti· tioner the privilege, not before gr-anted, or instituting his proceeding in any one of the superior courts of common law or equity in Westminster." This question received consideration of the Committee on Claims in the ThiT~ 

tieth Congress. Hon. John A. Rockwell, a. distinguished member of that com- mittee, in o.n elaborate report, uses this language: "The chairman of the committee has obtained from the ministers or several of the leading governments of Europe statements as to the course pursued in claims against the governments of Russia, Austria., and the smaller German States, and in Holland and in other nations. In relation to all mere matters of contract o.nd ordinary trespasses the government is heard in the ordinary tri- bunals of the ()()untry, which are governed precisely by the same rules of law in these cases as between individuals. These governments, although far be- hind us in civil freedom a.nd constitutional liberty, never shirk from the full and fair investigation of these claims, and always submit to an adverse decision by the courts. It has been left to our own Government to deny to the citizen who has a. demand against it the power to try the question before its own courts, and yet has furnished no adequate tribunal for the purpose." (Report No. 4c98, 

vol. 3, R. or Com., 1st sess. 48th Cong.) 

Had I the time instance after instance could be given where members 

have been called to vote upon claims involving thousands of dollars 

proved np1 if at aU, by ez parte affi&-vits. Are we unwilling to exchange this unsatisfactory and I might say vicious method of a judicial finding of fact in each case? Let me in conclusion call the atten-
• 

1456 CONGRESSIONAL-RECORD-HOUSE. FEBRUARY 7,-

tion of the Honse to a sample of ex parte investigation as given by Justice Nott in a foot-note to the case of Brown vs. United States, on page 

191, 6 Court of Claims Reports. 

The learned justice says: 

Thus the first case in the first volume of the reports of this court (Gordon's case, 1 C. Cis. R. page 1) discloses these extraordinary facts: There was allowed 

the claimant for property destroyed by United States troops $8,873, then $100 for an error of calculation in the first award; then $8,997.9! for interest; then 

$10,004.89 more for interest; then $39,217.50 for property previously found not to have been destroyed byUnitedStates troops; and finally $66,519.85 in a revision 

of the previous awards. 

The Forty-first Congress revived this practice in the celebrated Cborpenning case, where the Postmaster-General in an ex parte arbitration on ex parte testi- mony awarded the claimant $425,000. It is not generally known that the same claim had been brought by the claimant previously before the Court of Claims, where he demanded-but 8176,576, and where the suit was dismissed. 

Comment is unnecessarv. 

[Here the hammer fell.] 

Mr. RANDALL. I desire to occupy a moment, after which I will 

yield to any gentleman who desires the floor. 

I confess to be sensitive touching what are known as war claims and 

their passage through this House. Here we have a proposition not 

printed, and changed since it was formerly before this House for consideration. Is it unnatural that one who has the responsibility of a 

vote on a measure of this character, so far-reaching, should rise to 

8ecure information as to its effect? As I understand it, it does destroy 

the limitations now in force. It does give a new bearing to many thousands of claims that have been passed upon and rejected by a tribunal 

authorized by law to have made these investigations. It does open 

again claims which have been rejected by the proper accounting officers 

of this Government. .And until such claims are excluded f1·om the 

operation of this proposition: I can not for a moment conscientiously 

vote for it. 

I originally rose rather to suggest to the gentleman having charge of 

this measure that he should insert a clause that should make it plain; 

that the quartermaster's claims that have been passed upon shall not 

be included in the operation of this law; and that claims that have been 

passed upon by the Southern Claims Commission and rejected, or in 

part adjudicated by that tribunal-and the average payment, as I remember, of those 50,000 claims was 7 per cent.-shall be excluded from 

the operation of this measure. I want a clause inserted in this bill 

which will have that effect, because I believe those claims have been 

adjudicated by the Government in a manner the claimants were willing 

to accept. 

:Mr. SPRINGER. Will the gentleman allow me? 

Mr. RANDALL. Yes, sir. -

Mr. SPRINGER. I have no objection whatever to the insertion of 

such a clause. While I believe under the provisions of this act the 

court would report that such cases were excluded, having been already 

adjudicated, I ask unanimous consent to insert a clause of the natura 

indicated. 

Mr. RANDALL. As I understood the reading of the bill, it does not 

give the court any discretion to exclude rejected claims. _ It provides 

that the court should entertain those claims, take testimony pro and 

con, and report them to this House, the effect of which is to renew 

those claims after the Government bas adjudicated them. If the gentleman will amend his bill in these respects be will take away most of 

the objection which has been raised against it. 

· Mr. SPRINGER. I ask unanimous consent to make that amendment. 

Mr. McCOMAS. I object. 

Mr. SPRINGER. I ask unanimous consent to have read for the information of the Honse the Bowman a.ct, which is not repealed by this 

bill except in one clause of it. 

Mr. RANDALL. I yield five minutes to the gentleman from Wiseonsin [Mr. BRAGG]. 

Mr. STEELE. I think some time should be allowed to this side of 

the Honse. 

Mr. RANDALL. I did not understand that gentleman there wanted 

it. I went over and asked the gentleman from Maine [Mr. REED], and 

he said he did not know if time would be wanted there or not. How 

much time hav(' I? 

The SPEAKER. The gentleman bas seven minutes of his time remaining. 

Mr. RANDALL. I yield three minutes to the gentleman from Wisconsin [Mr. BRAGG]. 

Mr. BRAGG. I hope this bill will not pass. It is time that something seeking to become a law of this kind was dead. If we have not 

been able to kill anything of the kind we have been struggling_ year 

after year to kill what are known as war claims growing out of the 

depredations of troops during the war. They would have died before 

now if certain gentlemen were not so particularly anxious all the time 

to have something to say about them. 

We bad a court, a commission of claims, and gave time for the presentation of claims. . That court was extended. It has expired with 

limitations passed upon all those claims. And yet gentlemen are not 

content, although the courts have been out of existence now for nearly 

six years. These claims are being continually revived. And every 

now and then we ha\e some little paltry bill which is introduced and 

passed which repeals the statute of limitations on some one case and 

opens the door to others. So that we drive this pack of bounds-! 

mean the claim agents who are pressing this bill-away from onr door 

on the principle that a man always drives away a dog proper, by feeding them every time. They do not always get as much as they want. 

But whenever you give them a little you encourage them to come back 

for more. 

That is what we are doing with this class of claims. We had a bill 

here the other day which was sought to be attached to the bill reported 

from the Department authorizing the payment of $5 an acre for cbincapin lands on the Maryland Heights. It was proposed to pay those 

claimants damages done by troops as they came to and fro down 

the Shenandoah valley into the battle-fields of Pennsylvania. The 

moment yon confer this power on the court the court takes the testimony, and there is no man who has had experience but knows the 

claimant who is mean enough to come up from the South and pretends 

he was loyal can furnish witnesses to prove it. 

[Here the hammer fell.] 

Mr. RANDALL. I yield the balance of my time to the gentleman 

from Indiana [Mr. STEELE]. 

Mr. STEELE. I yield to the gentleman from Maine [Mr. REED]. 

Mr. REED. I have entire sympathy with the pmposes of this bill, 

but I should like to know if it accomplishes what almost everybody 

thinks .it may accomplish. This bill has never been printed. There 

has been 1;10 opportunity of examining it, and I must say I think it un· 

fortunate that it should be brought up in this fashion. . 

I should like to ask the chairman of the committee how he recon· 

ciles the first section with the second. The first section declares that 

nothing shall be passed upon until it has been referred by the action 

of Congress to the Court of Claims. The first section refers to a bill. 

The second section says no claim shall be presented except by petition, 

and that they shall be referred by the officials, the Clerk of the House 

and· the Secretary of the Senate, under the mles of the Houses, without 

action by Congress or without action of the House. · 

In other words, one section proposes a legislative act, and the other 

section proposes a routine act for the same transaction. 

Mr. SPRINGER. The first section requires that no such bill shall 

be considered by the House for any purpose except for reference, and 

the second section provides that hereafter claims shall be presented by 

petition only, and that the Clerk of the House and the Secretary of the 

Senate, under such rules as each Honse may prescribe, shall transmit 

them to the Court of Claims. That duty is merely ministerial. 

Mr. REED. But the first section provides for bills. 

Mr. SPRINGER. There is no way of preventing a gentleman froni 

introducing a bill of this kind. All he has to do is to say when be introduces the bill that it does not apply to this class of cases, but after 

it bas been referred to the committee they may determine that it does 

apply to such a case, and then it will be sent back and transmitted to 

the Court of Claims. 

Mr. REED. But if a gentleman introduces a bill under a claim of 

right, who is to decide that no action is to be taken on it except by 

reference? 

Mr. SPRINGER. The committee to whom it is referred are to 

decide that. 

Mr. REED. And that is to govern in spite of a decision of the House 

to the contrary? 

Mr. SPRINGER. TbeHousemustofcoursebethejudge ofwhether 

the bill comes under the rule or not. 

Mr. REED. In other words, these matters will still be presented, . 

not in the form of petitions, but in the form of bills, and the Honse 

will be required to pass upon them in each case the same as before. 

Mr. SPRINGER. Our rule now requires that measures relating to 

rivers and harbors shall be presented through the petition-box, hut 

nevertheless members frequently introduce them in the ordinary way. 

You can not anticipate the contents of a bill which any gentleman may 

introduce. 

Mr. REED. Well, Mr. Speaker, it is precisely because nobody can understand what this bill means that I regret that it is brought up in 

this fashion. 

The SPEAKER. The gentleman from lllinois [Mr. SPRINGER] has one minute remaining. 

Mr. SPRINGER. I ask unanimous consent now, Mr. Speaker, to 

have the Bowman act, to which this is supplemental, read. The reading will occupy more than a minute, but I hope that every gentlemen 

will be willing to have it completed. 

Mr. RANDALL. Mr • .Speaker, if the reading can not be completed 

in the remaining minute, I am willing, so far as I am concerned, to 

consent to any additional time that is needed for the reading, but we 

do not want reading and debate both. 

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

from illinois [Mr. SPRINGER]? 

There was no objection. 

Mr. SPRINGER. Now, Mr. Speaker, one word more--

Mr. RANDALL. Ob, no . 
1887. CONGRESSIONAL RECORD-HOUSE. 1457 

:Mr. SPRINGER. I merely desire to say, :Mr. Speaker--

Thef::iPEAKER. ThegentlemanfromPennsylvarua[Mr. RANDALL] 

objects. 

.Mr. SPRINGER. Then, Mr. Speaker, I will ask to have the Bow- man act read. I did not think the gentleman from Pennsy 1 vania wonld 

be so exacting. 

Mr. RANDALL. I have not been exacting, because I have consented 

to allow all the time that is required for the reading of the act which 

the gentleman wishes to have read. 

The Clerk read as follows: 

Be it enacted, &c. [section 1], That whenever a claim or matter is pending be- fore any Cl)llJmittee of the Senate or House of Representatives, or before either House of Congress, which involves the investigation and determination of facts the committee or House may cause the same, with the vouchers, papers, proofs' and documents pertaining thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found, the court shall not enter judgment 

~~:r;:s~' ~~ ~~~s~~~ ~~~ i~:~n!fd~~=tloon~mittee or to the House by which 

SEc. 2. That when a. claim or matter is pendin~ in any of the Executive De- partments which may involve controverted questions of fact or law, the head of such Department may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said court, and the same shall be there pro- ceed~d in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall not. enter judgment thereon, but shall report its findings and opinions to the De- partment by which it. was transmitted for its guidance and action. SEc. a. The jurisdiction of said court shall not extend to or include any claim against the United States growing out of the destruction or damage to prop-erty 

by the Army or Navy during the war for the suppression of the rebellion, or for the use and occupation of real estate by any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; Nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue of the provisions of any law of the United States. 

SEc. 4. In any case of a claim for supplies or stores taken by or furnished to any part of military or naval forces of the United States for their use during the late war for the suppression of the rebellion, the petition shall aver that the per- son who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was through- out that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact. And unless the said court shall, on a preliminaryinquiry,find that the person who furnished such supplies or stores, or from whom the same were taken as aforet~aid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, with- out further proceedings, be dismissed. SEC. 5. That the Attorney-General, or his assistants, under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, oftsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court. SEC. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same. SEC. 7. That reports of the Court of Claims t{) Congress under this act, if not finally acted upon during the session at which they are reported, shall be con- tinued from session to session and from Congress to Congress until the same shall be finally acted upon. 

The SPEAKER. The question is on the motion of the gentleman 

from Illinois [Mr. SPRINGER] to suspend the rules and pass the pendinA bill. 

Mr. REED. Mr. Speaker, I suggest to the chairman of the Committee on Claims [Mr. SPRINGER] whether he should not ask unan- imous consent of the House to set apart a. day for the consideration of 

this bill. 

Mr. SPRINGER. I am willing to do that. 

Mr. REE.D. Suppose you do it, then. I think everybody will agree 

to that. 

Mr. SPRINGER. I will ask unanimous consent that the vote be 

taken upon this bill to-morrow morning after the reading of the Journal. 

In the mean time gentlemen will have an opportunity to examine the 

bill. 

:Mr. REED. Oh, no. Let us have a day for discussion. 

Mr. RANDALL. That can be fixed through the Committee on 

Roles. 

The SPEAKER. The Chair will state that to-morrow, after the- reading of the Journal, is set apart for the consideration of bills re- ported from the Committee on Foreign Affairs. 

Mr. SPRINGER. Let it be next Friday then; that is private-bill 

day. 

Mr. REED. Do not propose Friday, because you~ meet objections. 

Mr. BRUMM. I object to Friday. 

Mr. SPRINGER. I see that many gentlemen are not prepared to 

vote upon this measure, and, if they are willing, I will consent that the 

matter be referred to the Committee on Rules, with the understanding 

that that committee will give us a day for the consideration of this 

bill. 

Several MEMBERS. That is right. 

Mr. SPRINGER. Then, with the understanding that I shall have 

leave to introduce a resolution to that effect, I now ask permission to 

withdraw the bill. 

Several MEMBERS. That is right. 

:Mr. STORM. Air. Speaker, I desire to make a parliamentary inXVIII-92 

quiry. If that is done will it require a majority or a two-thirds vote 

to pass the bill ? 

'l'he SPEAKER. A majority . 

Mr. STORM. Then I object. 

Mr. SPRINGER. That will not prevent the proposition being submitted under the rules afterward. I hope my friend will not object. 

Mr. O'NEILL, of Missouri. Let us pass the bill and have it amended 

in the Senate. 

Mr. SPRINGER. I will guarantee that all necessary amendments 

will be made in the Senate. 

Mr. RANDALL. The gentleman has no right to make any guarantee for the Senate. 

The question being taken on the motion of Mr. SPRINGER to suspend 

the rules, there were-ayes 76, nays 75; two-thirds not voting in the 

affirmative. 

Mr. ZACH. TAYLOR. I call for the yeas and nays. 1\Ir. S~RINGER. I hope we shall not consume time by taking the 

yeas and nays. 

The yeas and nays were not ordered, only six voting in favor thereof. 

So the motion to suspend the rules and pass the bill was not agreed to. 

.TL'DICIA.L DISTRICTS IN MIESOURI. 

Mr. BURNES. I rom-e to suspend the rules and pass the bill which 

I send to the de!=!k, being a substitute for House bill 2929. 

The SPEAKER. The bill which the gentleman moves to pass under 

suspension of the rules has heretofore been read in the hearing of the 

House. Is the reading again demanded? 

JI.Ir. BLA.ND. I ask to have it read. 

The SPEAKER. The Clerk will :first read the title of the bill. 

The Clerk read as follows: 

A bill (H. R. 2929) to amend the act dividing the State of Missouri into two ju- dicial districts and to divide the eastern and western districts thereof into divis- ions, establish district and circuit courts of the United States therein, and provide for times and places for holding such courts, and for other purposes. 

The SPEAKER. The substitute wiU now be read. 

The Clerk read as follows: 

Strike out all after the enacting clause and insert the following : "That the city of Saint Louis and thef~lowing-namedcounties in the State of Missouri shall constitute the eastern judtci!U district of Missouri, to wit: Saint Louis, Franklin, Gasconade, .Jeff~rson, Crawford, Washington, Saint Fran9ois, Saint Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shan- non, Reynolds, Wayne, Scott, Carter, Oregon, Ripley, Butler, Stoddard, New Madrid, Mississippi, Dunklin, Pemiscot, Montgomery, Lincoln, Warren, Saint Charles, Macon, ·Adair, Audrain, Clarke, Knox, Lewis, Marion, Monroe, Pike, 

RaJls, Schuyler, Scotland, Shelby, and Randolph. And all the other counties in the State of Missouri shall constitute the western judicial district of Missouri. SEc. 2. That the eastern judicial district of Missouri is hereby divided into two divisions, which shal1 be known, respectively, as the northern and eastern divis- ions of said eastern district. The city of Saint Louis and the counties of Saint Louis, Franklin, Gasconade, .Jefferson, Crawford, Washington. Saint Fran9ois, Saint Genevieve, Dent, Iron, Madison, Perry, Bollinger, Cape Girardeau, Shan- non, Reynolds, Wayne, Scott, Carter, Oregon, Ripley. Butler, Stoddard, New Madrid, Mississippi, Dunklin. Pemiscot, Montgomery, Lincoln, Warren, and Saint Charles shall constitute the eastern division of said district, the courts for which are now established and held and shall be continued at the city of Saint Louis. The remaining counties within the eastern district shall constitute the northern division of said district, and the courts therefor shall be held at the city of Hanniblil, and shall be styled the district court (or the circuit court, as the case may be) of the United States for the northern division of the eastern dis- trict of Missouri. The western judicial district of Missouri shall be divided into four divisions, to be known as the Saint .Joseph, the western, the central, and the southern divisions. The counties of Clay, Ray, Carroll, Chariton, Sul- livan, Jackson, La Fayette, Saline, Cass, Johnson, Bates, Henry, Vernon, Put- nam, Caldwell, Livingston, Grundy, Mercer. Linn, Barton, .Jasper, and Saint Clair shall constitute the western division, the courts, circuit and district, for which shall be continued at the city of .Kansas. The counties of Atchison, 

Nodaway, Holt, Andrew, Buchanan, Platte, Clinton, Harrison, Daviess, De Kalb Gentry, and Worth, shall constitute the Saint .Joseph division, and the cour~ therefor shall be held at the city of Saint .Joseph and shall be styled the dis- trict court (or the circuit court, as the case may be) of the United States for the Saint Joseph division of the western district of Missouri. The counties of Cedar, 

Polk, Dallas, Laclede, Pulaski, Dade, Greene, Webster, Wright, Texas, Lawrence, 

Christian, Douglas, Howell, Newton, Barry, McDonald, Stone, Taney, and Ozark shall eonstitute the southern division of said western district, the courts for which shall be held at the city of Springfield, and they shall be styled the dis- trict court of the United States for the southern division of the western district of Missouri. The remaining counties within the said western district shall con- stitute the central division of said district, and the courts, circuit and district, therefor shall be continued and held at Jefferson City. SEc. a. That there shall be, and there are hereby, established a district and cir- cuit court of the United States in each of the several divisions of the said east- ern and western districts herein created, except the southern division of the western district, in which a district court shall be and is hereby created. That in each division there shall be held two terms of the district and circuit courts in each and every year except said southern division of the western district, in which there shall be held two terms of the district court in each and every year. The times of holding said terms of court in the city of St. Louis, the city of Kansas, and the city of .Jefferson shall be held at the times now established by 

law, and in the other divisions herein named the times of. holding said terms of court shall be fixed without delay by the judge of the district court of the proper district That the counties of Cedar, Polk, Green, Dade, Lawrence, New- ton, McDonald, Barry, and Stone, of the southern division of the western dis- trict aforesaid, be, and they are hereby, attached to the western division of the western district for circuit court purposes, and that all other counties in said southern division of the western district be, and they are hereby, attached to 

the eastern division of the western district for circuit court purposes. The dis- trict judges for the ea..~tern and western districts of Missouri, each in the divis- ions of his proper district and the circuit judges of the United States for the eighth judicial circuit, are hereby required to bold the courts aforesaid. J 111ries shall be summoned for the courts hereby created as now provided by law for the summoning of juries in the said districts. 
1458 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, 

SEC. 4. That hereafter all suits to be brought in the courts of the United States in Missouri, not of a local nature, shall be brought in the division having juris- diction over the county where the defendants, or either of them, reside or may be found; but if there be more than one defendant, and a part of them reside in different divisions or districts of said State, the plaintiff may sue in either di- vision of either district where one of such defendants resides, and send dupli- cate writs to the other division or district directed to the marshal of said dis- trict, on which said writs shall be indorsed by the plaintiff or his attorney, that the same is a duplicate of the original writ sued out of the court of the proper division and district. Anycau~emay, by the written consent of both parties or their attorneys of record, be transferred to the court of either division or dis- trict without regard to the residence of the defendants, and whether such cause be now pending or be instituted hereafter. All civil causes now pending in any of the courts in said eastern or western district, or any division thereof, 

against parties residing in some other division hereby created, may remain and be finally disposed of in the court in which they are now pending, respectively, unless the defendants therein shall desire to have the same transferred t-o the appropriate court of the division in which they reside, in which last event such transfer shall be applied for to the court of the division in which the cause is pending; and when a cause shall be ordered to be transferred, as above pro- vided, to a court in any other division it shall be the duty of the clerk of the court from which the transf~r is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers ofthe cause, and all documents and deposits in his court pertaining thereto, together with a certified transcript of the record of all orders; interlocutory decrees, or other entries in the cause; and he shall also certify under seal of the court that the papers sent are all which are on file in said court belonging to the cause, for the perform- ance of which duties said clerk so transmitting and certifying shall receive the same fees as now allowed by law for similar services, to be taxed in the bill of costs and regularly collected with the other costs of the cause; and such tran- script, when so certified and received, shall thenceforth constitute a part of the record of the cause in the court to which the transfer shall be made. SEc. 5. That there shall be appointed a clerk for each of said courts at Hanni- bal, Saint Joseph, City of Kansas, and Springfield, and each clerk shall be a resi- dent of the division in which the courtofwhichhe is clerk is held; he shall keep an office, and the records. files, and documents pertaining to the court of his division, and be shall discharge all the duties and receive the fees required or allowed by law. And the marshals and the district attorneys for the said east- ern and western judicial districts shall be the marshal and attorney respectively for the divisions for their respective district, and shall be allowed the same fees and be subject to the same duties and liabilities as may be provided by law; that process issuing out of the courts of either division of said districts shall be directed to the marshal of the district in which th~ division is located, and maybe executed by him or his deputies upon the party or parties against whom issued wherever found within his district; and the marshal of each district shall keep an office and at least one general deputy residing at the place of holding courts in each division, excepting the division in which he may himself reside. SEc. 6. That all causes and proceedings in law, equity, or bankruptcy now pending in any district or circuit court of the United States in the State of Mis- souri, where all the defendants (or plaintiffs, where the jurisdiction is derived from the residence of the plaintiffs) !fuall reside in either of the divisions in which courts are hereby established, shall be transferred to the court of the di- vision in which the defendants (or plaintiffs, where the jurisdiction is derived from their residence) reside; and the transfer may be made in vacation or in term time. If made in vacation, an affidavit of all the parties defendant that they are resident in said division shall be filed, and ten days' notice of the pur- pose and time of hearing of said motion shall be given the opposite party or his attorney of record: but if made in term time, then on motion and affidavit only. And the said circuit and district courts for said divisions shall have the same powers and jurisdiction, with the same right t-o parties to prosecute appeals and writs of error thereupon, as now pertain to the district and circuit courts for the said eastern and western judicial districts. All prosecutions for crimes and of- fenses, now pending in any of the courts of said eastern and western districts, or any division thereof, shall be terminated by final adjudication therein, and all such prosecution hereafter commenced shall be commenced and prosecuted in the division where the offenses were committed. SEC. 7. That before the judge shall fix the terms of courts at Saint Joseph he shall have satisfactory evidence that the county court of Buchanan County has provided and set apart for the use of said courts a court-room, clerk's office, mar- shal's office, and attorney's office, free of expense to the United States for rent therefor, to be used and occupied until the completion of the public building be- longing to the United States Government now in process of construction at said city of Saint Joseph, at which time the courts shall be held in said offices estab- lished in said public building; and before the judge shall fix the terms 'Of courts at Hannibal he shall have satisfactory evidence that the county court of Marion COunty has provided and set apart for the use of said courts a court-room, clerk's office, marshal'soffice,andattorney'soffice; free of expense to the United States for rent thereof, to be used and occupied until the completion of the public build- ing belonging to the United States Government now in process of construction at said city of Hannibal. at which time the courts shall be held and said offices established in said public building; and before the court or judge shall fix the terms of said court at Springfield he shall have satisfactory evidence that the county court of Greene County has provided and set apart for the use of said court a court-room, clerk's office, marshal's office, and attorney's oftice, free of expense to the United States for rent therefor. 

The SPEAKER. Is a. second demanded on the motion to suspend 

the rules? 

Mr. BLAND. To save time, I ask that a second may be considered 

as ordered. 

The SPEAKER. . A second will be considered as ordered if there be no objection. The Chair hea.rs none. There are now thirty minutes 

for debate-fifteen minutes in favor of the motion, and :fifteen against 

it. The Chair will recognize thegentlemanfrom Missouri [Mr. BURNES] 

to control the time in support of the motion, and the gentleman from 

Missouri [Mr. BLAND] to control the time in opposition. 

Mr. BURNES. Mr. Speaker, in the State of Missouri there are at 

present three United States courts-one at Saint Louis, one at Jefferson Cicy, and one at Kansas City. These three courts are on a. line 

through the center of the State-one upon the eastern border, another 

upon the western border, and another in the center. That great State, 

embracing more than 70,000 square miles, lies to the right and the left 

of these courts. In the southwestern portion of the State there is no United States court; in the northeastern portion there is none; in the 

northwestern portion there is none. We, in support of the bill, think 

it best for the judges to go to the people at Saint Joseph, Hannibal, and 

Springfield to perform their judicial labors rather than that the people shall be dragged in many instances 200 miles for the purpose of 

paying obeisance to the judges, who in spite of their pretenses are servants and not masters of the people. This bill meets the approbation, I believe, of a. large majority of the delegation from Missouri, and has also the sanction of the Judiciary Committee. We think 

that we are asking nothing unreasonable or unusual when we call upon our friends to sustain us in our wish to pass this bill. 

Asking only for equality of right and common justice, let me make a comparison: 'l'he State of Iowa on the north of us has six United 

States comts. The State of Ohio, a. much smaller State, is divided, I 

believe, so that there are now several divisions of the United States 

courts in the two districts of that State. 

Mr. SENEY. Six. 

Mr. BURNES. I thank my friend from Ohio. We ask for but six 

in the State of Missouri; no more than Iowa., no more than Ohio, and 

I believe but little more, if any, than in the adjoining State of Kan- sas. I see nothing unreasonable in this proposition. It is much more convenient and cheaper for the judges to go to the people than for the 

people to go to the judges. Besides, their visits to their masters may 

save them from supercilliousness and prejudice in their conduct. We 

ask no extraordinary appropriation. The bill does not impose any additional burdens upon the Treasury nor increase the public expendiiture; it does not create any additional judgship, but requires those 

in office to serve the people by going out of their slippers and gowns 

upon the public highways to be seen. I trust members of the House 

will agree to give Missouri these ordinary court facilities which are enjoyed by so many of the people of so many of Missouri's sister 

States. I will reserve the residue of my time. 

Mr. CLARDY. I wish to ask my colleague whether the substitute 

just read changes at all the division of the eastern judicial district, as stated in the original bill. 

.1'\fr. BURNES. No, sir; the eastern district remains as in the 

original bill. The substitute divides the counties in the western district a. little difterently with regard to the different divisions. 

Mr. 0' NEILL, of Missouri. Does it leave the eastern district un- changed? 

Mr. BURNES. Practically so. . 

Mr. HEARD. I wish to ask my colleague a. question. The original bill affected the status of only two counties embraced in my district-Polk and Dallas. I ask my colleague whether the substitute 

proposes to affect any other counties in my district. 

Mr. HATCH. It does not. 

1\Ir. BURNES. I think it does not. 

Mr. HATCH. It does not. 

Mr. HEARD. Then I desire to say that I shall vote for the bill 

There are twelve counties in my Congressional district, one of which is 

now in the western judicial district of Missouri, the remaining eleven 

counties being in what is now the central district. This bill proposes 

to change two of those eleven counties lying on the southern border 

of my district, attaching them to the Springfield court. . I have had no remonstrance from any of the people of my district against this change, 

while I have had petitions in favor of the proposition from the two 

counties sought to be affected by it. I shall therefore vote for the bill. 

The SPEAKER. The gentleman from Missouri [Mr. BURNES] has 

eleven minutes of his time remaining. 

Mr. BLAND. I desire to have read the memorial to the Congress of 

the United States, which I send to the Clerk's desk. 

The Clerk read as follows: 

To the Congress of the United. Stales: 

This memorial of the Bar Association of Jefferson City, 1Uo., to the Congress of the United States, respectfull~· represents: That the bill now pending for the establishment of additional Federal judicial districts in the State of Missouri {H. R. 292!1) ought not to become a. law for the following reasons: 1. Because there is no necessity for the creation of any new judicial districts in Missouri. 

2. Because there is not, has not been for many years past, and can not be for mauy years to come, any amount of legal business in the Federal courts suffi- cient to justify the creation of new districts in this State. - 3. Because the creation of such new districts would necessitate great addi- tional expenses by requiring the renting of several additional court rooms and clerk's offices and officers attendant upon the court, holding eight additional terms of court each year in the district, and also large additional jury fees and additional expenses for light, f11eJ, &c. 

4. Because the additional expenses imposed upon the district judge in traveling to so many points and remaining at each in order to go through the empty form of holding courts, would seriously diminish the salary, of which many a.re now complaining as insufficient. . 5. Because the reports of the clerks of the circuit and district courts, made to this association, show the following facts : That the total number of cases bro11ght to the circuit court for the eastern divis- ion of the western district of Missouri for the past seven years, ending February 

6, 1886, is 709, of which 488 were for the collection of county and t-ownship bonds and coupons, a class oflitigation which is practically at an end, for the reason that compromises have been effected with most of the counties, leaving 22l cases of a miscellaneous character for the seven years, or about an average of 3L cases a year; that the total number of cases of all grades of offenses, brought to the district court for the eastern division of the we tern district of 1\fissouri for the past four years is 422, or an average of about 105 a. year; that the total number of days the district court was in session at its stated terms in ~he eastern division of the western district of Missouri for the past four years is 92, or an average of 23 days a year. The foregoing being the number of cases brought to and the amount or busi- ness transacted in the circuit and district courts for the eastern division of the western district of Missouri, while composed of forty-three counties, as it now 
1887. CONGRESSIONAL RECORD-HOUSE. 1459 

is, what necessity, we respectfully ask, can there be for establishing additional courts in the same territory, as proposed by H. R. 2929, introduced by Mr. HATCH? The foregoing data is furnished from the records of said courts by the clerks 

thereof. 

.All of which is respectfully submitted. 

By order of the Jefferson City Bar Association. 

A.. 1\I. HOUGH, Pres-ident. 

J. C. FISHER, Secretary. 

The data herein set forth is correct as appear3 from the records in this office. 

Attest: 

H. C. GEISBERG, Olerk. 

Mr. BLAND. That is the information I find given in that memorial by the clerk of the circuit and district courts of Jefferson City. It 

shows the facts to be that the total number of cases brought to the circuit court for the eastern division of the western distlict of Missouri 

for the past seven years, ending February 6, 1886, is 709, of which 488 were for the collection of county and township bonds and coupons, a class of litigation which is practically at an end, for the reason that 

compromises have been effected with most of the counties, leaving 221 cases of a miscellaneous character for the seven years, or about an aver- age of 31 cases a year; that the total number of cases of all grades of 

offenses brought to the district court for the eastern division of the 

western district of Missouri for the past four years is 422, or an average 

of about 105 a year; that the total number of days the district court was in session at its stated terms in the eastern division of the western 

district of Missouri for the past four years is 92, or an average of 23 

days a year. This is the exact condition of facts in this case. Every 

member of the Missouri delegation knows thah the case referred to of 

county and township bonds are out of court to-day. Then what is the 

necessity except to gratify the ambition of a few aspiring towns and 

the gentlemen who represent those cities to have court-houses and circuit courts held all over thn.t State. For one, lt:Ir. Speaker, I think it 

is time for this House and this Congress to call a halt to this character 

of legislation. 

A short time ago, Mr. Speaker, we passed a bill having for its object 

the curtailing of the jurisdiction of the Federal courts, and that is the 

demand of the people everywhere except on the part of corporations 

and monopolies, which ask Congress to extend their jurisdiction and to 

multiply courts for their own convenience. 

It is true this b.ill does not extend the jurisdiction of a Federal 

court, but it does enlist new communities and new advocates to maintain their jurisdiction, for every city and every town and every neighborhood thatisfavoredorshall be favored by the locationofthesecourts 

within their limits will become warm supporters of maintaining their 

continuance and increasing their jurisdiction instead of diminishing 

it. So that we are constantly passing bills here for the encouragement 

of the Federal judiciary in matters over which the States ought to 

have exclusive jurisdiction. What we ought to do is give these matters now in the Federal courts and over which the Federal courts assume jurisdiction back to the State courts and to the people of the States to 

be tried in their own counties and local communities and by their own 

juries. 

I fear my friend from the Hannibal district and my colleagues from 

the Springfield and SaintJoedistricts, all thrivingandambitioustowns, 

instead of demanding legislation to reduce and curtail the jurisdiction 

of those Federal courts, trying to have these courts established in their 

1listricts, and when they have accomplished the establishment of these 

Federal courts in their midst, it may be they will then begin to demand business for these courts in order to have some excuse for continuing them, and that they may be a benefit to those communities. Instead of being strong ad vacates for the people's rights in curtailing the 

jurisdiction of these courts, they will be warm advocates' to maintain 

that jurisdiction, and we will find them opponents instead of friends. 

Mr. WADE. I should like to ask my colleague whether 75 per cent. 

of the business done at Jefferson City does not come from the town 

which asks for a district court at Springfield? 

Mr. BLAND. The gentleman represents a :flourishing town and I 

admire his zeal, but I do not think, Mr. Speaker, it is or ought to be 

the policy of Congress to multiply these courts in order to gratify the 

ambition of these thriving pla~ or their representatives upon this 

:floor. My colleague is hardly serious in his question, as it is not the 

fact. 

I understand it has been stated that a maiority of the Missouri delegation is in favor of this bill. If I am correctly informed by those 

who tell me what they shall do in the matter, I believe a majority of 

the Missouri -delegation would Jik.e to see this bill defeated. It is use- less and unnecessary and it is not a step in the right direction. 

I yield now five minutes to my colleague, Mr. STONE. 

Mr. STONE, of Missouri. Mr. Speaker, for a great many years there 

have been two Federal judicial districts in Missouri, known as the 

eastern and western districts. There are one hundred and fourteen 

counties in the State, exclusive of the city of Saint Louis, which has a 

separate government of its own. There are thirty-eight counties and 

the city of Saint Louis in the eastern district, and seventy-six counties 

in the western. The courts in the eastern district have always been 

held at Saint Louis. Up to 1879 the courts for the western district 

had been held at JeffCl'Son City, the capital of the State. 

By an act of Congress passed January 21, 1879, the western district 

was divided into two nearly equal subdistricts, known as the eastern 

and western divisions ofthewesteril district. By the provisions of that 

act the courts for the eastern division were continued at Jefferson 

City, and Kansas City was designated as the place for holding courts in 

the western division. That gave the State three Federal district 

courts-one at Saint Louis, on the eastern border, one at Ka.nsa.s City, on the western border of the State, and one at Jefferson City, about 

half way between t.he other two and near the geographical center of 

the St-ate. 

With those three pia~ every section of the State is connected by 

railroads and water ways. Saint Louis and Kansas City are the great 

:financial and commercial centers of the State, and to a greater or less 

extent of the adjacent States and Territories. With courts at the two 

great cities of the State and another at the capital, in the center of the 

State, it was thought we had courts enough until recently, when vari- ous local interests have been agitating an increase in the number. 

During the last and preceding Congresses, under the spur of local influences, various bills were introduced to establish courts at different 

places. In the last Congress some of those influences-those representing Hannibal, Saint Joseph, and Springfield-combined, and agreed on a bill establishing courts at those three points. That confederated 

influence reappears in this Congress, and it has prevailed on the learned 

Committee of the Judiciary to report favorably the joint bill. 

That bill divides the eastern district into two subdivisions, with one court at Saint Louis and another farther up the Mississippi River, at 

Hannibal. The western district .is chopped up into four judicial 

splinters. Courts are continued at Jefferson City and Kansas City, and 

established at Saint Joseph and Springfield. Saint Joseph is some 50 or 60 miles up the Missouri River, north of Kansas City. Springfield 

is southeast from Kansas City about 180 miles. 

I am opposed to this bill. The-proposed court at Springfield is for - the accommodation of what is known as Southwest Missouri. There are some twenty-five or twenty-six counties comprising Southwest 

Missouri, eight of which are in my district. Those eight counties are 

. northwest from Springfield; and Kansas City, the present place of holding our courts, is still farther northwest. Only nine counties in the 

proposed district are east of Springfield. On the map they look well 

enough; but in point of fact they comprise the rough mountain region 

of Missotni. ~he population is sparse, and always will be, for the 

country is incapable of sustaining many people. According to the last census the population of those nine counties ranged from 4, 404, the lowest, to 12,209, the highest, giving an average population to the nine 

counties of 8,434, while the average wealth was $743,860. Of coarse there has been some growth since then; but it h:1s not been great. 

In 1884 the total vote cast in those nine counties was 16,649. By 

reckoning five of population to every voter there would be now an aggregate population of 83,245, and an average population of 9, 249; which 

would be an average increase since the census was taken of only 815. 

This covers a territory somewhere from 80 to 100 miles east and west, 

by about the eame distance north and south. · The remainder of this 

proposed Springfield district lies west and north of Springfield, in the 

general direction of Kansas City. 

Now, take the eight counties of Southwest Missouri, embraced in my 

district, and we find that in -1884 those counties polled 40,232 votes, 

against 16,649 polled in the nine counties east of Springfield. Calculated on the basis of one vote to five of population, the eight counties 

I represent have a total population of 201,160, as against 83,245in the 

nine counties east of Springfield; and the eight counties in my district 

have a present assessed valuation of over $40,000,000. _ Now, I have compared the eight counties of my district embraced in 

what is called Southwest Missouri, ru!d which lie on the western border, with the nine counties east of Springfield. But there are eight 

other counties lying between, including the county of Greene, in which 

Springfield is located. 

In 1884 those eight counties cast an aggregate vote of 26,231, which, on a basis of 1 vote to five people, represent a population of 131,155. 

If to that we add the 83,245 people in the nine counties east of Spring· 

field, we will have a total population in seventeen counties of 213,400, 

against 201,160 in the eight southwestern counties in my district, or only an excess of 12,240. In other words, I represent on this :floor one- half of the population and wealth of Southwest Missouri. 

Again, when this bill was reported from the committee, the clerks of 

the courts at Kansas City and Jefferson City made a full statement of all 

suits brought in those courts during the last six years, from which it 

appears that 216 suits of all kinds were brought from the eight conn· · ties in my district, and only 123 from the other seventeen; and 66 of 

those 123 were from the county of Green alone-being mostly suits 

against that county on county bonds. So that in the other sixteen 

counties only 57 snits were brought by or against their citizens in six 

years-an av-erage of barely more than 3 suits to the county in a period 

of six years. 

Mr. PAYSON. During how many years? 

Mr. STONE, of Missouri. Since 1880, for a period of six years. 

Sir, in these six years, not exceeding three snits to the county have 

been brought from all of that territory in what is denominated the 

''Springfield district.'' 
1460 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, 

Mr. WADE. You mean ill the circuit court? 

Mr. STONE, of Missouri. Yes, sir. 

Now, this bill proposes to establish only district courts at Springfield, 

Saint Joseph, and Hannibal. There are to be no circuit courts at those 

points. 

The people in my district, which is the rich, prosperous, populous 

part of Southwest Missouri-for, as I have already shown, of the 

twenty-five counties in Southwest Missouri the eight in my district 

comprise one-half the wealth and population of the whole, and are 

the counties in which two-thirds of the judicial business of that region 

originates-object, as they have good reason to object, to have their busi- ness cut up in this manner. · As it is now the circuit and district courts are held at the same places 

and in the same buildings, and in point of economy, dispatch, and convenience suitors will greatly suffer by separating the courts as proposed. 

A great many cases are certified to the circuit court by reason of the 

district judge's interest in the cause, his inability to discharge the 

duties of his office, or something of that kind, or are taken up on cet·-

tiorari, appeals, and writs of error. Our courts are now all togetLer; we are satisfied; and we have a. right to object to so hurtful a. change 

in our condition as the pending bill proposes, simply to gratify the 

ambitions of two or three pretentious towns. 

I know nothing about the sentiment in Northern Missouri; but in 

Southern Missouri, my colleague [Mr. BLAND] and myself, representing fully two-thirus of the people, the wealth, and the business of that 

section, protest against this measure in behalf of both public and private 

economy, and of every material interest that should be potent here. 

But aside from the view which I have been urging, which is purely 

local to my section and entirely different from the conditions that general1y obtain, I place my opposition to this bill and all similar bills upon 

higher grounds. I am sure, Mr. Speaker, the high esteem in which I 

hold my colleagues, whoarejoinedlikeSiamesetwins by this cord which 

linked them some years ago, would inspire me ordinarily to do any 

proper thing to advance their interest, and I oppose this bill on their 

account with some reluctance. 

But I oppose the measure on principle, because I am opposed to increasi'ng the number of these Federal courts. I think it would be the 

part of greater wisdom and better statesmanship to go the other way, 

and reduce the number and curtail the jurisdiction of these courts. I am not the enemy of the Federal judiciary. Within its proper sphere 

it is an important and necessary factor in onr form of Government. 

The Federal courts have done and are capable of doing great good. 

A long list of great judges could be brought here into this arena- of men whose wisdom, learning, and patriotism have added much to 

the proudest pages in our history. The judiciary has been the subject 

of much splendid panegyric. We have been taught that every species 

of private right-that law and public order-find their greatest security in the the calm, conservative, deliberate judgments of the courts, 

and that when angry, intemperate partisanship sweeps the law-maker 

in its current, or when bold executive usurpation menaces the Constitution, and private right or the libertiesofthe people are in peril from 

either or both, they take refuge and find security in the sanctuary of 

the courta. 

In all of that there is much of truth, but there may be also some- thing of exaggeration. In recent years the tendency of Federal judicial 

power has not been altogether for good. The old restraints and limitations of the Constitution, which are no less arbitrary in their application to the judiciary than to other co-ordinate branches of the Government, have ceased to be as sacred in the minds of the judges as they once were. They have broken over here and there, and by a species of 

easy and generous constructiorfof the Constitution have spread their 

powers until they assume an almost universal ju,risdiction. 

The old idea. of strict construction is no longer a cardinal doctrine in our Federal courta. The whole tendency is the other way. The 

ancient constitutional doctrine, that all power not expressly or by nec- essary implication delegated to the Federal Government, was reserved 

to the States, is becoming obsolete in practice if not in theory. We are constantly drifting away from the old landmarks. We seem to 

forget that the Federal Government is the creature of the States. We seem to forget its origin, its constitutional nature, and the purposes of 

its creation. Sir, the union of the States was intended to be perpetual, 

and the united Government to be sovereign within the limits of its 

delegated powers. 

But in organizing a common Government the States did not lose their own autonomy, or strip themselves naked of all the high prerogatives 

of sovereignty. The States, no less than the Federal Government, are supreme within their respective spheres. In dealing with foreign 

powers, in regulating intercourse between the States, in protecting 

those great interests which are common to all, the Federal Government is the sovereign. 

But within the limits of the State itself-touching the administration 

of its local affairs-the Federal authority has no lawful right to go. In 

that field the State is the exclusive sovereign. Under a true construction of the Constitution there is no such thing as universal sovereignty 

in this country. Like God's eternal planetary systems, whose revolving harmonies are the wonder of the ages, this American republic is a 

system of sovereignties, each supreme in its own orbit, and held together bv the centripetal and centrifugal forces of constitutional law. 

That is the doctrine of the fathers; that is the rock upon which this 

Union was built; that is the original and true doctrine, and the one upheld in the golden age of American jurisprudence and statesmanship. 

Between the common Government and the States there should be 

mutual respect, and the rights of each should be observed and enforced. 

And that was the rule in the good old days when the name of J e:fferson was a power in this country, and his interpretation of the Constitution an authority. Then the private citizen saw but little of the Federal 

Government. He rarely came in contact with it. He loved his flag, 

and was willing to peril his life for its honor. He loved the Union, for 

in it he felt there was strength and security. He loved the Constitution, for it was the bond of brotherhood between the States. 

Beyond the domain of his own State, on land or sea, he felt he was under the eye of Federal power and that its arm was extended to protect him. But at home, while he bowed before the lawful authority 

of the common government, he felt that his security rested with the 

sovereign power of his State. But in recent years we have been drifting into other currents of thought and practice. The constellation of 

State sovereignties is waning, and the star of centralization is rising 

luminous towards the meridian of universal sovereignty. Federal 

power has grown enormously in the last quarter of a. century. The 

dignity and importance of SLate governments are falling away before 

the ever-increasing augmentation of Federal power. 

State LegislatureS have been scattered at the point of the bayonet 

and governors deposed by the President's mandate on his own impeachment. In a multitude of ways-aggressive, startling, offensive-the 

Federal Government has manilested a loft contempt of State authority. Thirty years ago a Federal official was a rare bird in country 

neighborhoods. To-day they swarm like black bats in the ghostly corridors of the Catacombs. They are everywhere-arrogant, obtrusive, 

and often insolent. The supreme right of suffrage-that highest prerogative of citizenship-must be exercised now under the supervision 

of a. deputy marshal. 

The States can not be trusted to enforce the laws and maintain the 

public peace, nor the people trusted to conduct their own election to 

choose their own officers. The ballot-box must pass under the espionage of the Federal constabulary, so that the people may not cheat each 

other or defraud their own Government. Such is the tendency of the 

times. What have these courts,. where we have been taught the Constitution is sure ofbra.ve defense, been doing? Have they stood stalwart in the breach, or drifted timidly with the tide? They have done 

neither. They have been leading the way in all these desperate as- saults upon the sovereignity of the States. 

I repeat, the old doctrine of strict construction has fallen into disrepute. New and arbitrary rules of construction have been introduced, 

by which the powers of the courts have been vastly augmented and 

their jurisdiction enlarged. They are constantly encroaching upon 

the judiciary of the States. They have multiplied in number and 

grown in power until theyarefeltlikealivingpresence in every neighborhood. The volume of their business is increasing enormously-an 

increase which can not be ascribed altogether to the growth of our industrial and commercial interests-for it consists largely of a character 

oflitigation which in former times was adjudicated almost wholly in 

the courts of the States. 

The State courts are giving way before the march of the Federal judiciary. They are being supplanted. They are treated as inferior tribunals. By mandamus certiorari, changes of venue, the Federal courta are fast absorbing the judicial business of the country. And why not, 

since they assume a mastery over the courts of the State, and a superior right to direct and control the machinery of local government ? 

Why not, when the very officers of a State court and all the official 

pe-rsonnel of the State must yield their first obedience to the Federal 

mandate. Twenty-five years ago a Federal court issued a writ ofmandamus to a State officer for the first time in the history of this Government. 

Twenty years ago it was held for the first time in the hlstory of this 

Government, against the dissenting opinions of three of the ablest 

judges then on the bench, including Chief-Justice Chase, that a. United 

States circuit court had the right by mandamus to compel a State officer to perform an act, which he had been previously forbidden to do 

by an injunction from a court of the State. And so they have gone on in this direction, step by E~tep, bending the stubborn restraints of 

the Constitution to suit their lordly will, until to-day they assert the 

right to control aud direct almost at pleasure the executive and judicial officers of a. State, and to visit summary punishment for disobedience of their mandates. 

Not many months ago the judges of the county court-a court of 

record-of Cass County, Missouri, were commanded by the United 

States court to do an act, the ultimate effect of which they believed and 

decided would be in contravention of the laws of the State, and when 

they refused to violate the laws they had sworn to observe and enforce, 

and thus become instruments for OJ\pressing the people whose servants 

they were, they were arrested, dragged from their homes to the capital 

of the State, and cast into a common jail. There they counted the 
1887. CONGRESSIONAL R.ECORD-HOUSE. 1461 

weary hours through weeks and months, holding enforced companionship with pickpockets, garroters, and men on whose souls "was the 

everlasting stain of blood;" while the governor and the supreme court 

of the State were within bailing distance, yet powerless to succor, for one little old Federal judge, bigger than all the State, stood in the 

pathway to rescue. The prison scene was photographed and reproduced in Harper's 

Weekly. It is a very suggestive picture-those high officers and honored citizens of the great commonwealth languishing in a common jail-old men with gray beards, recalling the Prisoner of Chillon, gazing through iron gratings at the Capitol within whose walls the laws 

were made for obeying which they suffered that indignity. Such 

scenes have become common in Missouri. 

The officers of the State in Lafayette, Cass, Saint Clair, and other 

counties have been arrested, or become fugitives to escape imprisonment, for the grave crime of enforcing the laws of their State. Only 

last summer one of the judges of the Saint Clail· County court, following his own judicial interpretation of the laws of his State, and denying the right of a Federal court to supervise and direct the judicial 

functions of his court, refused to obey the mandate of a Federal judge. 

A marshal was sent to arrest him, and be fled to escape imprisonment. 

For weeks a whole brigade of deputy marshals and hired detectives 

swarmed throughout that whole region in search of him. His home, 

where he left his wife and children, was invaded at all hours, both 

day and night. Vehicles were stopped upon the highways and 

searched. · A number of citizens who furnished food to the family of the fugitive, and others whose only offense was to express sympathy tor the 

officer and to denounce in private conversation the methods employed 

by the Federal courts and its officers, were arrested and draggeft away 

to answer for contempt. For months this terrorism is continued. At 

last the judge surrendered himself, and I suppose is this very hour in a prison cell. 

Mr. Speaker, with all these infamous outrap:es against my own people fresh upon me, I have some right to speak with feeling upon this 

question. 

Early in January I introduced a bill in this Honse limiting the jul'isdiction of Federal courts so that these extraordinary and unconstitutional powers they have been exercising should he forbidden by ex- press enactment; and I mean no offense to the learned Committee on the Judiciary when I say I think they would better subserve a great 

public demand and the best interests of the country if they should 

report a bill tending to restrain and restrict these courts, instead of one to increase their number. 

This may be old-fogyism, bourbonism, or what you will. But I stand 

for the old Constitution, as it came fresh from the hands of the great men who fashioned it. I stand for the national sovereignty in national 

aftairs and State sovereignty in local affairs. And I would to God that 

every Representative in this House would meet me here upon common ground, with greater love for our loC'.al governments, and stand in the 

pathway of centralization and the encroachments of Federal power in 

whatever form it comes. 

But I am free to confess I have little hope of meeting much response 

from this Congress. . I have seen too many such measures go through 

this House, and I presume the pending bill will march triumphantly 

along the same pathway. But I shall stand against it, and resist it 

-with such force as I possess, so that my conscience shall stand acquitted though I may wholly fail of achievement. 

The SPEAKER. The gentleman from Missouri [M:r. BURNES] has 

eleven minutes of the time remaining. 

Mr. BURNES. I yield one.-balf of my time to my colleague [Mr. 

HATCH]. 

Mr. HATCH. Mr. Speaker, it is only necessary to say in reply to 

the memorial which bas been read at the suggestion of my colleague 

[Mr. BLAND], and the statement of the clerks of these different courts 

commented upon by my colleague [Mr. STONE], that the Bar AMociation of Jefferson City, where that Federal court now exi~ts, have of course naturally protested against and persistently fought this measure 

for the establishment of a court anywhere else in the State. 

They were just as much opposed to establishing a court at Kansas 

City, and fought it as vigorously. It is simply taking away a part of 

the bread and butter of the lawyers who signed that memorial, and 

that is all there is in it. But Jefferson City happens to be in the very 

heart of the district represented by my distinguished friend and colleague [Mr. BLAND], and of course he is opposed to any more courts in 

the State of Missouri; and every single one of the clerks of these courts 

and every one of these local deputy marshals has been deluging Congress since the beginning of the Forty-sixth Congress in order to make some capital against this bill simply in the interests of their own pockets. 

But, Mr. Speaker, what are the facts in connection with the matter? 

We ask the House to divide the eastern district of the State of Missouri 

and establish a court in it over a stretch of territory extending from 

the _Iowa line to the Arkansas border in that State. That proposition 

has three several timeo received the approval of the Judiciary Committee of this House, and in the Forty-seventh Congress when it was 

reported this stat~ment was given in its support. Now listen a mo- ment: 

In relation t.o the nort.hern division of the eastern district the foJlowing facts are collectt d: 

It embraces seventeen counties; contains 9,470 square miles; 3,627,100 acres of improved lands besides 1,537,759 acres of woodland, forest, and other unimproved farm lands, supporting a population of 302,963. It embraces a region noted for its rich and varied agricultural products, as the following partial tables taken f1·om the census reports of 1&l0 will show: 

------------------------

Tobacco ................................................................... .. 

Buckwheat ........ ............... ....................... .................. . Indian corn .............................................................. . Oats .............................................. ............................. . Rye ............................................................................ . Wheat ....................................................................... . 

LIVE STOCK. 

I 

Numb~r of Production. acres. 

4,533 

3,415 

1,057,826 

209,452 

17,684 

180,238 

Poumds. 

7,4l0,006 

Bushels. 

38,044 

39,312,471 

5,046,084 

187,937 

2,551,120 

Horses ....................................................................................................... 138, 820 l'tlules ........................... ;............................................................................. 27,429 

l\1ilch cows................. . ........................................................................... 130,462 

Other cattle ............................................................................................... 289, 586 

Sheep ........................................................................................................ 3Z7,503 

Swint: ......................................................................•••..............................•. 802,075 

Tpe magnitude of the territory embraced in the proposed northern division 

and the necessity of the proposed legislation become the more apparent when 

compared with the foJlowing tables: It contains 9.470 square miles, while the 

State of Connecticut has 4,990; Delaware, 2,050; MaSS&.chusetts, 8,315; New Jersey, 7,815; Rhode Island, 1,250; New Hampshire, 9,305. 

H contains302,993 population, while the State of Delaware hasl46.608; Rhode 

Jsland,276.531; Florida,269,493; Colorado, 194.3Z7; Nevada. 62.266; Oregon,l74,-

768: and New Hampshire and Vermont but a fraction more, the former having 

346,991 and the latter 332,286. It is very much larger in population than any one of 

the Territories, as will appear by the following table: Dakota, 135.177; Utah, 14:!,963; Wyoming, 20,789; Washington, 75,116; New Mexico, 119,565; Idaho, 

32,6l0; Montana, 39,159. 

'rhe city of Hannibal, where it is proposed that two terms of the circuit and 

district court of the United States shall be held annually, is the large!"t city in 

population, and the commercial emporium of the proposed northern division, 

and also the center of the railroad system of the northeastern part of the State. It has direct raiJroad communication with every county seat in the seventeen counties except two, and an of the principal towns. Shelbyville, the county seat of Shelby County, is six miles north of the Hannibal and Saint Joseph Railroad, 

and Monticello, the county seat ofLewis County, is six miles north ot the Quincy, 

Missouri and Pacific branch of the Wabash. It is situated on the west bank of 

the Mississippi River, and in addition to railroad facilities has the advantage of 

steamboat and packet lines. We insert these facts as illustrative of much that can be said for each division 

provided for, and will not cumber the report with similar statistics of each one. 

This division of the State therefore is larger in territorythan five of 

the States of this Union which are mentioned in this report. It is larger 

in population than any single Territory of the United States where 

Federal courts now exist. 

'tlfr. BL.AFD. And will not the gentleman also admit t.hat only 

thirty days in the year are required for the transaction ofall the judicial business of the district? 

Mr. HATCH. No, sir. I am talking of the eastern division of the 

State, and I say that Judge Treat's court is in session two-thirds or three-fourths of the time; practically in session all the year. 

Mr. BLAND. I am not talking of Saint Louis, but of the district 

proposed to be divided by thjs bilL 

Mr. HATCH. No; I am not talking about Southwest Missouri. 

We have had enough of that too, and my colleague [.Mr. STONE] and 

my colleague [Mr. WADE] can talk about Southwest Missouri. I am talking about Northeast Missouri, which is larger than five of the 

States of the Union, and having a lru·ger'population than any Territory. 

And is it to be said that such a country as that, with a railroad through 

every single county in the division, shall not have a Federal court simply becaus.e the bar of Je1ferson City and the clerks and deputy marshals want to keep up the fees and make our people travel 150 to 300 

miles to court and then travel back to the northeast after being half 

starved at Jefferson City, which is one of the poorest places in the 

State to get anything to eat; they are kept there, as I say, on half 

rations till they have got every dollar taken from them, and are then 

compelled to walk h_ome. [Laughter.] 

Mr. BLAND. I think my colleague [Mr. HATCH] when he comes there always gets something good to eat and always goes away looking 

fatter and better than when be came. [Laughter.] These attacks 

upon Jefferson City are made when myitime is exhausted and I can not 

reply. 

.Mr. HATCH. When time shall gratify the ambition of my friend 

by putting biro in that capacious mansion as governor of the State, I 

hopebewillnotonlyhavea good bill offare at thegovernor's mansion, 

but that he will improve it at the hotels. Ifhe does he will have taken 

one step in the right direction. 

[Here the hammer fell.] 

Mr. BURNES. This is not a matter concerning which there sl10uld 

be any misunderstanding or any feeling. The issue is simply a plain 

business proposition involving public convenience. My esteemed friend 

from the Jefferson Pity district is not, to his argument quite as fair as is his usual custom, for he takes up the question and considers it ns 
146~ CONGRESSIONAL RECORD--HOUSE. FEBRUARY 7, 

if the bill proposed to extend the jurisdiction of the United States 

courts. That qp.estion is not involved and has nothing to do with this 

bill. The distinguished gen~leman in his effort merely to discharge 

his duty to a small portion of his constituents seems to oppose this· bill on the ground that he is opposed in g_eneml to United States courts; 

but he has such a court at Jefferson City, and the love of its advantages 

and conveniences drives the boa.rding-house keepers in that place to insist upon his denying to others equality of right thereto. 

The people of Jefferson City are very charming; but their necessities are numerous and great. The bar association of that place, like the 

bar, has become a ghastly joke. The bar association of Jefferson City! 

Will wonders never cease? 

Professor Parsons, in Harvard law school, gave his class one morning an illustration of the absolute barrenness of the "absolute rights of persons" as defined by Blackstone, saying that he once read a book en- titled Wolves in Iceland, and the first paragraph declared "there are no wolves in Iceland.'' So of the bar association of Jefferson City, substantially. There is no bar association of Jefferson City-I had almost 

said there is no bar in Jefferson City. . Jefferson City, it must be stated, is a very small town. If it were not the capital of the State and the site of the penitentia1·y it would 

be the solitary and unbroken abode of innocuous desuetude; for business or industrial pursuit there would be as profitless as on a lone rock 

in the vast center of the great sea. But there are hash-houses there-and hash-houses; they demand the 

able and distinguished Representative of that district to protect them 

from the loss they may sustain if they should lose the patronage of the 

few witnesses, jurors, and lawyers whom the exigencies of the meager 

docket, which has been described, require semi-annually to attend. 

Of course there is but little business on the docket of the Jefferson 

City court. Why should there be any? But ask my esteemed colleague, who so ably represents the Kansas City district, as to the busi- nesson the docket at Kansas City. You willfindinhisresponsethatthe 

court is in session almost continually. Askmyotheresteemedcolleague 

from Saint Louis [1\lr. O'NEILL]-the life and light of the House-as 

to the volume of business in the court of Saint Louis. You will hear 

in response that the court is crowded all the year round with lawyers, 

litigants, jurors, and witnesses, many of whom have to travel several 

hundred milffi from their homes in order to obey the process of the 

court and discharge their professional or public duties. 

But my friend representing the Jefferson City district, whose district 

lies in that part of Central :Missouri south of the Missouri River, was born, Congressionally, to a better estate. It was a sort of "Cresarian 

operation" that delivered Cole County into his jurisdiction and made 

him feel that it was his duty to compel unwilling citizens to sojourn 

beneath the scrubby oak and dwarfed pine growing doubtfully on the 

yellow clay of that inhospitable soil. To stop the ''hash-house" busi- ness of Jefferson City, or in the slightest to diminish it, will create more commotion in that city than ever agitated the Ephesians in their manu- facture of wooden gods. . But my distinguished colleague sees no necessity for courts at Saint 

Joseph, Hannibal, or Springfield. He sees no public demand for them. 

Of course not; why should he? Jefferson City can not see beyond her m unicipallimi ts. The public demand for these courts is not in J effer- son City, nor with the alleged barristers of its bar association. Go to 

the great communities of the State-to Saint Louis, solid, great, and 

grand city of the great valley in which the seat of empire and the center 

-of commerce are now recognized throughout the world, if you would 

learn of the public wants. Go to Kansas City, marvel of progress and 

incarnate spirit of enterprise, if you would seek more knowledge of :Missouri than we or the able and distinguished Representative of that city on this floor can give you. My distinguished colleague [Ur. O'NEILL], 

representing a city of more than half a million of people, can be de- - pended upon for a knowledge of the popular will. . 1\Ir. O'NEILL, of Missouri. Will the gentleman permit me for a moment? 

Mr. BURNES. Yes, sir. 

M:r. O'NEILL, of Missouri. Two years ago there was a strong protest from my city against the bill then presented. The present bill, I am informed, ha.s-been shorn of many of the features then deemed objectionable. I presume the present bill is not obnoxious to my people, aa I have not up to the present hour received a single protest against 

this bill. 

Mr. BURNES. I might add, the gentleman from Saint Louis will oe found voting for the bill. 

May I not safely conclude that my distinguished and esteemed colleague from the Jefferson City district, in the faithful discharge of his 

duty to a portion of his forlorn constituents, has found some demand , 

for these courts in the public estimate. Saint Louis is not objecting, 

and that city represents a large and respectable portion of the State. 

Kansas City is not objecting, and that. city represents a. large and re~ 

spectable portion of the State. Saint .Joseph, the third city in the 

State, and ·making rapid strides to pre-eminence, and the people all 

around in the districts of my coll~o-ues frC4n the second and third districts, as well as in my own, are earnestly demanding these courU!. 

Hannibal, the fourth city of the State, and Springfield and the great 

southwest joining hands in support of this bill ought to inspire some slight belief that the demand was general and popular in Missouri 

But poor old Jefferson City, with its "bar association" and its meager 

court docket, is fighting for its "hash-houses" and contending against 

equality of right in court business with three great quarters of the 

State, and while doing so painfully aware that the capital of the State 

must very soon be removed elsewhere. 

If senators and representatives now in session at Jefferson City representing the great communities interested in this bill should come to 

understand the selfish and unjustifiable wrongs that Jefferson City ..and 

its "bar association" would inflict upon them, the capital-rem,oval 

question would have at once irresistible reinforcements. [Applause.] 

lli. BLAND. The gentleman knows, or ought to know, that the 

present Legislature has recently voted that proposition down. 

Mr. BURNES. Yes; but the General Assembly is still in session. 

[Here the hammer fell.] 

The SPEAKER. The question is on the motion of the gentleman 

from Missouri [1\lr. BURNES] to suspend the rules and pass the bill. 

The question was taken; and there were-ayes 184, noes 3. 

Mr. BLAND. No quorum. 

The SPEAKER. The point of no quorum being made, the Chair 

will appoint the gentleman from Missouri, Mr. BLAND, and the gentleman from Missouri, Mr. BURNES, to act as tellers. 

The House again divided; and the tellers reported-ayes 184, noes 2. 

So (more than two-thirds having voted in the affirmative) the motion 

t.as agreed to, and the bill was pa.."!Sed. 

UNITED STATES DISTRICT COURTS-JUDGES' SALARIES. 

lli. BAYNE. Mr. Speaker, I move that the Committee of the Whole 

House tm the state of the Union be discharged from the further con- sideration of the bill (S. 6) fixing the salaries of the several judges of the 

United States district courts at $5,000 per annum, and for other purposes; and I move to suspend the rules and pass the bill. 

The bill was read, as follows: 

-Be it enacted, &c., That the salaries of the several judges of the dist.rict courts of the United States shall hereafter be at the rate of $5,000 per annum. SEc. 2. That · no person related to any justice or judge of any court of the 

United States by affinity or consanguinity, within the degree of first cousin, 

shall be appointed by such court or jud~e to or employed by such court or judge in any office or duty in any court of wh1ch such justice or judge may be a mem- ber. 

The SPEAKER. Is a second demanded? 

Mr. SENEY. I shall ask for the reading of the report. 

The SPEAKER. Is a second demanded? · Mr. SENEY. I demand a second. 

The SPEAKER. If a second is ordered debate will be in order and 

the report can be read in the time of some gentleman. 

Mr. BAYNE. I ask unanimous consent that a second be considered as ordered. 

Mr. OATES . . I object. 

The SPEAKER. Objection ismade. The Chairwill appoint to act as tellers the gentleman from Pennsylvania [Mr. BAYNE] and the gentleman from Ohio [Mr. SENEY]. 

The House divided; and there were-ayes 122, noes 52. 

The SPEAKER. The ayes have it and there is a second. Under 

the rules thirty minutes are allowed for debate; fifteen minutes in support of the motion and fifteen minutes in opposition to it. 

The Chair will recognize the gentleman from Pennsylvania [Mr. 

BAYNE] to control the time in support of the motion, and the gentle- man from Ohio [:Mr. SENEY] to control the time in opposition to it. 

Mr. BAYNE. Mr. Speaker, this is a Senate bill which has been 

passed by the Senate almost unanimously, as I understand, and has 

been reported to the House by the majority of the Judiciary Committee. Its -purpose is to equalize the salaries of the judges of the district 

courts of the United States. It appears that there is but one such judge 

who receives.a salary of$5,000, the judge forthedistrictofCalifornia. 

The next highest salary paid is to the judge of the district of Louisiana, 

$4,500 a year. Then come ten judges. who are paid $4,000 a year each. 

Threeofthesearein New York State, two in Pennsylvania, one in Massachusetts, one in New Jersey, one in Maryland., one in Southern Ohio, and one in Northern Illinois. Then there areforty-four judges who receive 

$3,500 a year each. The anomalyofthesituation is that there are judges 

in various parts of the conn try doing infinitely more work than those in 

other sections, yet receiving a less salary; and, in view of the salaries 

paid by the States to their judiciary, it seems to be a niggardly policy on the part of the United States to pay the judges of these district courts so meagerly. 

Another anomaly of the present situation is that one of the judges of 

the district of Illinois, for instance, gets a salary of $3,500 a year, while 

the judge of the other district of illinois gets $4,000 a year, and yet I am told that the one who gets but $3,500 has more onerous duties to 

perform than the one who gets $4,000. It is needless for me to sayto a. body like this that members of the United States judiciary ought to 

receive at least such a compensation as will enable them to live upon 

their salaries. It is unfair of this Government to place the judicial positions that are within the gift of the President beyond the reach of all 

who are not men of means. Now, if a salary of $5,000 a year be al-
1887. CONGRESSIONAL RECORD-HOUSE. 1463 

lowed it will enable a man, whether he has means or not, to accept such party to which I belong stands pledged to the people that taxes shall 

a position and to maintain his family upon his salary; but 38 it is now, be reduced; that there shall be no unnecessary increase in the number 

there is no temptation to anybody to accept such a position. On th~ or salaries of Federal officials. 

contrary, there are good reasons why those who are not men of means Mr. Speaker, I reserve the residue of my time. 

shonld decline them, because the salary is insufficient for the support The SPEAKER. The gentleman has eight minutes remaining. 

of the judges and their families. Mr. BAYNE. I yield five minutes to the gentleman from Wisconsin 

·Mr. HENDERSON, of Iowa. And they are not permitted to engage [Mr. BRAGG]. 

in other business. Mr. BRAGG. 1\Ir. Speaker, I am opposed to putting excessive taxMr. BAYNE. As suggested by my friend from Iowa, they are not ation upon the people, and am in favor of relieving them whenever I 

permitted to engage in any other business, nor shoUld they engage in can. I have voted repeatedly in this House to consider that question. 

any other business; they should receive an adequate salary, on which I believe my distinguished friend from Ohio [Mr. SENEY] had the 

they could live respectably, and I think that Congress should not hesi- honor to vote the other way. 

tate to grant it. I reserve the balance of my time. I am opposed to raising the salaries of political offices. This is all 

The SPEAKER. The gentleman from Pennsylvania hn.s ten minutes that our people ask of us. I have the honor to live in a judicial disof his time remaining. trict that has upon its bench, as one of its brightest ornamentS, a young 

Ur. SENEY. Mr. Speaker, this bill proposes to make the salaries man who in the discharge of his official duties as judge of that district 

of the United States district court judges uniform at $5,000 per year. sits almost uninterruptedly from the 1st day of January to the 31st 

Under the law now in force one of the district judges gets a salary of· day of December in each year. 

$5,000 a year; another gets $4,500; ten of them get salaries of $4,000, I am told by the gentleman from Ohio [Mr. SENEY] he can resign if 

and forty-five are paid $3,500 each. In view of the fact that these sal- . he does-not like it. I can say to him if that judge had been permitted 

aries were fixed some seventeen or eighteen years ago, and that theRe- to follow his own inclination he would have resigned years ago. But 

publican party so long had in their own hands the power to raise them he did not resign, at the request of the bar and those having business 

if they saw proper to do so, it seems to me a little strange that it has in his court, because :we assured him the time would come when offi.-

not been done. cers like him, who devoted their time in the dischargeoftheir judicial 

Mr. HENDERSON, of Iowa. Has not the country been growing in duties properly, and who did them with credit to the State and bar as business and wealth during-these eighteen years? he had done, would have their claims h~rd in Congress, and provision 

Mr. SENEY. The country has been growing in business; and the would be made for him. men who now sit on the Federal bench have been growing in years. He Hves in the littJe town of Racine, unable to move to the city 

My informatiGn is that the great body of them are now of such age that where his court is held because he hru~ not the means to buy a home 

they may retire now under the law on their salaries; but many of them in Milwaukee. And therefore he occupies his own homestead in the are looking forward to the passage of this bill in order that they may little town where he lives, and goes, and comes every rooming and 

retire at an increased salary. evening to attend to the duties he has to discharge. 

Mr. HENDERSON, of Iowa. Only a very small percentageofthem. It may be from time to time during the season. there may be two 

Mr. SENEY. That is one of the .reasons why I am opposed to the weeks, or three weeks, or four weeks he is not called upon by active 

increase of these salaries. business in his own court. . Then he is called to go to Chicago to help 

Mr. HERBERT. If the gentleman from Ohio will permit me right share the burdens of Judge Blodgett, the judge of that district, who is 

here- overloaded, and can not by working every day in the year bring up his 

Mr. SENEY. Certainly. calendar. He kindly comes down and shares the labor of his brother 

Mr. HERBERT. I wish to say that the salapes allowed -to these judge . . indges have been growing more and more valuable all the time. The There are two districts where, to my own personal knowledge of the 

salary of a judge will purchase to-day about twice 38 much as it would men, they do as much, or more, as any circuit judge in the United 

ten years ago. States, and I wonld not cut them down because, fol'SOoth, you may find 

Mr. HOPKIN"S. It costs a judge twice as much to live as it did ten some other district which h38 an incompetent judge, or some other disyears ago. trict which has not sufficient business t.o occnpy the attention of the 

Mr. SENEY. I regard the office of a district judge of the United judge. If such cases as those present themselves it is the duty of the 

States as one of the most lucrative 2nd desirable in the public servrce. Judiciary Committee to prepare a bill which will grade the judges, 

Mr. HOLMAN. At the present salary. when we find discrimination exists and men are receiving larger salary 

Mr. SENEY. At the present salary of $3,500 there is no office in under this bill than perhaps they ought to receive. 

the public serrtce more desirable or lucrative. We hear of very few Now, when we have given us a Sena.te bill, and we have an opportuFederaljudges who resign. Occasionally one dies. From these facts nity to reach those men who earn their money, and more too, men as it would appear that the men who hold these places are quite content able as any lawyer at the bar who earns thousands where they get hunto hold them at the salaries which they aore now receiving. dreds, I say we ought not to hesitate under any little plea of economy. 

Mr. HENDERSON, of Iowa. Two United States judges in the Thepeopledonotwanteconomyin thatdirection. Theywanteconomy, 

circuit in which I live--Judge Dillon aud Judge McCrary-have re- as I have said, in political offices. They do not ask for economy which 

signed. · will deprive them of men on the bench who stand at the head of the 

A MEMBER. To become attorneys for railroad companie.s. bar in the districts over which they preside-men in whom they have 

Mr. STORM. And we can not pass any bill giving such men large confidence-men whom suitors know when their cases are submitted 

enough salaries to induce them to remain on the bench when a railroad to them they will be fairly tried, justice will be honestly ad ministered, 

company is competing against the Government for their services. and the law will be the guide and rule of action. Let us remember 

Mr. SENEY. I think that the salaries now received by these judges· those men, and let us try to pass this bill notwithstanding the cry of 

will compare favorably with the salaries paid to the judges serving economy. 

under State authority. I think that the average of the salaries paid I will yield now to the gentleman from Alabama, [l\Ir. OATES]. 

in the States to nisi prius judges is about $3,000, so that the salaries Mr. OATES. Mr. Speaker, I am opposed to this bill in part for the 

paid to these Federal judges are $500 in excess of that average. I reason the gentleman from Wisconsin [111r. BRAGG] has given why he 

think they are also in excess of the average salaries paid to the gov- is in favor of it. If there is a necessity to increase the salarys of any 

ernors of the various States. You may go through the entire list, and of those judges on account of the large amount of work they have to 

I think you will find that there are no officers in the public service who perform that is an argument simply in favor of a bill grading their ~Z:et more for the labor they perform than do the district judges of the salaries and compensating them in accordance with the amount of work 

United States. they do. But, sir, these instances are but exceptions to the rule. 

1\Ir. WEAVER, of Iowa. And thP.y have a life tenure. There are same judges, as the gentleman from Wisconsin has stated, 

l\fr. SENEY. I am aware that in some districts there is a large who are employed all the year round and who have little or no time 'for 

amount of business, and the duties imposed upon these judges are-oner- rest or relaxation. That is simply an argument why those particular ons and exacting. But I am not informed that the judges in general men should have their salaries increased, but it is not a good reason for are overworked. If any of them are not content with the salaries now increasing the salaries of all the other judges. Many of them are not 

paid, the plain and ·easy course is for them to resign their places, and employed for more than two months in a year, and because one or two 

give to others who are willing to fill them the opportunity they ba ve or a half dozen judges are employed all the year round is no reason w by 

so long been denied.. I will undertake to put upon the Federal bench all the others who are not thus employed should have their salaries inthe best legal talent of this country at a salary of $3,500. If any one creased to $5,000 a year. 

of the gentlemen now on the district court bench should resign, I am Mr. HOPKINS. Canthegentlemanstatewhetheranyjudgeincluded 

quite sure that many of the be8t lawyers in any one of the States in tais bill does not sit more than two months in the year? 

would be_ asking at the hands of the present Executive a nomination to 1\Ir. OATES. Take the little State of Nevada with 62,000 people, the 

the vacant place. j ndge there does not sit that long. He is a good man, and no doubt could 

1tfr. Speaker, I am opposed to the increase of these salaries because realize three times the amount of his salary at his profession, but he pre~ 

I am unwilling to impose upon the people of this country an additional fers the judgship. There is no hardship forced upon him. I speak of 

burden in the shape of taxation. They already bear enough. The Judge Sabin in illustration, because I am his friend. 
'\ 1464 CON-GRESSIONAL RECORD-HOUSE. FEBRUARY 7; 

Mr. HENDERSON, of Iowa. In' my district the judges do not get 

two months' recreation in a whole year. They have to hold circuit as well as djstrict courts. 

llr. OATES. That is the fault of the circuit judge. 

Ur. HENDERSON, of Iowa. But the circuit judge has an empire 

to preside over. 

Mr. OATES. I must decline further interruption, as I have but a 

moment of time. I agree with the gentleman from Ohio [Mr. SENEY] 

that the office of United States district judge at a salary of $3,500 a 

year is a very desirable office. His term is for life or during good behavior, and when he reaches the age of seventy years he can retire and 

still draw his salary. There is no compulsory service; they can resign 

if they do not like it. 

The general complaint ofnearly all officers and employes of the Government is thattheirsalariesaretoolow. Mr. Speaker, but few die, and none resign on account of the salary being too small. It is said that 

the best lawyers can not afford to take a district judgeship at $3,500 a year. I know of but few who would refuse it ifit were tendered to them. 

Sir, I do not concur in the opinion of those who hold that the best lawyers make the best judges. Some remarkably successful practitioners 

have, when elevated to the bench, made very ordinary judges, while 

many men who were considered quite ordinary lawyers-almost com- plete failures as practitioners-have greatly distinguished themselves on the bench. 

Sil•, I deny the assertion that the best lawyers-as the most successful practitioners are always called-make the best judges. A judge 

who esteems himself wiser in the law than any of the lawyers who 

practice before him is too dogmatic to hear with patience and duly 

weigh the arguments adduced on each side of the question to be decided. The ablest advocates are the enthusiasts who see no other than 

the side of the cause they E>.spouse. 

This country is governed by the people, and while the majority of 

them may go wrong, may be temporarily swayed by false clamor or the 

want of a clear understanding of the question in hand, yet their institutions which have stood the test of time and met their approval 

may safely be takE>n as a clear indication of the popular will. None 

of the State judges except in New York and some of the old, wealthy, 

and populous States of the East are paid large salaries. 

The salaries ot the judges in all the other States-in nine-tenths of 

the States of the Union-range from $1,600 in Virginia to $4,000 in 

California, so that the average may be fairly estimated at $3,000 per 

annum. This, then, may be taken as a fair expression of the general 

opinion of the American people as to the amount of salary a judge 

should ordinarily receive. Gentlemen must remember that the salary 

attached to a judicial office is not the only allurement to the lawyer; 

the power and honor it confers are much more esteemed than the salary. 

The State judge holds but for a term of years-usually about sixwhen he has to run the gauntlet of a re-election, yet in every State, 

with an annual salary of $3,000, there are always men of fine judicial 

capacity anxious to obtain a judgeship. How much more acceptable 

to such aspirants would be a United States district judgeship with its 

higher salary and life tenure? 

The tendency of this bill is to dwarf the judiciary of the States and 

heighten the desire of mere salary-seekers to obtain these Federal 

judgeships. What if they do have to work the year round? How 

many millions of less fortunate men have to do the same thing for less 

than halfthesalaryajudgereceives? The purity, ability, and dignity 

of our Federal judiciary does not depend upon the amount of salary 

they receive, but upon their conduct as judges. 

The SPEAKER. The time of the gentleman has expired. 

Mr. SENEY. I yield two minu~s to the gentleman from Tennessee 

[Mr. McMILLIN]. 

Mr. McMILLIN. Mr. Speaker, the gentleman from Ohio has very 

truly said that the salaries of the district judges are already up to the 

average of the salaries paid by the Government for all other services 

performed for the people of this country. 

Mr. HOLMAN. About the average. 

Mr. McMlLLIN. And in verification of that fact I wish to call the 

attention of the House to this point, that in three States of this Union 

your governors, who work from one year's end to the other, and when 

they go out of office at the end of their terms retire to private life without any life pay, such as the judges receive on retirement, yet they receive but $1,000 a year. 

Mr. HENDERSON, of Iowa. But the governors work most of the 

time at politics. 

Mr. McMILLIN. I do not care what he may do while there, that 

is the compensation he gets; and I ask the gentleman does he claim that 

there is no politics in the judges? 

Mr. HENDERSON, of Iowa. I do, sir; I have never been able to 

find anything of the kind in a judge. 

Mr. McMILLIN. The gentleman's experience has been different 

from that of some others. Rhode Island gives her governor $1,000 a year; New Hampshire $1,000, and also Michigan. Oregon and Vermont pay $1,500; Delaware, $2,000; the State of Maine, $2,500; Nebraskn., $2,500; West Virginia, $2,700; the nine governors of the Territories get $2,600 each, and out of all of the States and Territories there 

are only fifteen who pay their governors more than $4,gou a year. 

. Now if there are particular instances where there are hardships or inequalities of salary owing to an excess of work done by the judges, 

let us remedy that. But will any man claim that all of the judges 

do the same amount of work and are entitled to the same salary? 

It should not be forgotten also that the retired-pay of' a judge is ·a great deal, while other officials when they retire to private life must 

support themselves. 

Mr. HENDERSON, of Iowa. But they can engage in any kind of 

private business; there is nothing to prevent it, even while holding 

office. But with a jud~e this is very different. 

Mr. McMILLIN. But he has his retired-pay to faJl back on. [Here the hammer fell.] 

Mr. SENEY. In the time remaining to me I ask that the report of 

the minority be read. · 

The minority report (by Mr. SENEY) was read, as follows: 

These bills are substantially alike. They propose to increase the salaries of the United States district court judges to $5,000 per annum. The salaries of these judges, under existing law. are as follows: One (California), S5.000; one (Louisiana), St,500; ten at 84,000 each, as follows: In New York. three; Pennsylvania, 

two; 1\Ias.sacbusetts, New Jersey, 1\Iaryland, Southern Ohio, and Northern Illinois, one each. Forty-four are fixed at $3,500 each. These salaries now ag~:rregate $203,000. Increased, as the bill proposes, they will ag~:rregate ~.ooo. This increase in the public expenditures ought not, in our opmion, Lo be made. We favor a liberal salary to these judges. If those allowed by existing laws are less than they ought to be, cheerfully will we vote for an increase. 

Perhaps these salaries ought to be made umform, It may be wrong to have the ~alary of one judge at $3,500, of another at $4,000, still another at St,500, and another at S5,000. The fact that all of these salaries except twelve are fixed at $3.500 each is a strong reason in support of this sum as the proper compensation to be paid. Why twelve of these salaries were fixed at a sum above $3,500 we are unable to state. We have no information as to the reasons for making a difference in the salaries of the twelve judges who receive more than $),500. The difrerence, it will be observed, ranges from about 15 to 42 per cent. Forty-four of these salaries the bill propo11es to increase nearly 50 per cent. These salaries were fixed about nineteen years ago. We have reason to believe that the subject at that time was fully considered. That these salaries were then thought to be sufficient we feel bound to presume. If tixed too low, long ago they ought t<> have been raised. That they were not induces the opinion that the law-making power for many years past was satisfied that they were reat!onable, and that more ought not to be paid. If too low now, they were too low when they were fixed, and were too low during all of the time intervening. 

Legislation t{) increac;e or to equalize the salaries of these judges has not, un- til a ''ery recent period. been seriously pressed. In the last Congress, bills for that purpose were introdu<'ed in the House. but that body closed its labors without giving them consideration. In the Congresses preceding, R.S far back as 1869, we know of no earnest endeavor to raise these salaries above the amount originally fixed in 1867. The necessity for an increase, if any there be, was as real in the past as it is alleged to be in the present. To recommend an increase at this time, in the aggregate 38 per cent., in the absence of a. single petition or disinterested request, is a responsibility which, 

with our convictions of duty t{) both the judges and the people, we are not willing to assume. We indulge the belief that $3,500 is a. liberal &l.la.ry for a d.istrict court judge. It is n·early S300 per month, and more than 11 for each working day in the year. Compared with the salaries of others engaged in the public service, it is all that ought to be paid. The office of district judge at $3.500 per an gum is more than a living. Tbi~ can not be said of every $3,500 Government office. It can not be said of many the salary of w bich is above S3 500. The position of district judge is by no means the least lucrative or desirabie in the Government, State or Fed- eral. 

For nearly a hundred years the position has been held by gentlemen distin- guished for theirintegrity, learning, and ability. Few resign. Wbenavacancy occurs the best talent at the bar offers for the place. In considering this subject we must not overlook the fact that a judge of the district court holds his office during good behavior. It is a life office at more than a living salary. This is to be said of but few of the many official places in the Government. 

There is another consideration to be borne in mind. The Congress in 1869 enacted that a Federal court judge, at the age of seventy years, after en years of service, might resign, and for the remainder of his life receive the same sal- ary which be re~eived at the time of his resignation. This provision is still in force, and, in our judgment, more than compensates for any supposed inade- quacy in salary while in active service. 

Still another consideration is worthy of mention. The duties of a district judge, as a. rule, are performed in the city where be resides, and for this reason he is at less expense than if he held court at places distant from his home. When official duties are to be performed elsewhere, usually the courtesies known to railroad management come to the relief of the judge and enable him to travel 

through his district free of expense. If we increase the salary of the district judge we ought, to be consistent., to incre.ase the salaries of others engaged i.n the public service. We feel unwilling t<> increase the compensation of those now holding office unles.'l it be made to appear that what they receive is below what is reasonable, and below what, in justice to those who are not of the office-holding class, ought to be paid. We find that in twentv of the States the salary of the governor is less than &'3 500, A judge in t-he highest court in twelve of the Srotes is paid less than $):500. The average salary in courts of last resort in the States is about $4,000; but a. district jud~e is a. nisi prius judge. Consider, then, his salary at $>,500, 

saying nothing about his expectancy, in connection with salaries paid to nisi prius judges in the State courts. \\ e have not at our command exact information as to the salaries allowed nisi prius judges in the States. The average salary, it is safe to say, is less than S3 000. These judges, in the discharge of their duties, It is believed, do as much, if 'not more, work each year than is done by a district court judge; that the labor of the State judge is done at more inconvenience and at a greater expense 

we think there can be no doubt. 

Maturely reflecting upon this subject, we are induced to bE-lieve that, all things considered, there are few, if any, positions in the public service more de,.ira.ble for its honors or for its emoluments. present and prospective, than the office of judge of the district court of the United States. It is suggested that the majority of these judges are now, by reason of age and length of service, entitled to be retired upon their present salaries for the remainder of their lives. If this be true, we ought not, it seems to us, to add t-heir names tQ the civil pension-roll at salari~s far in excess of what they now 
1887. CONGRESSIONAL RECORD--HOUSE. 1465 

receive. We pension our country's defenders, but there are few, however deserving, that are on the rolls at 33,500 per annum. To our minds there is a moral if not a legal difficulty in the way of increasing 

the salary of a district court judge. Under the Federal Constitution the salary 

of these judges can not be diminished during their continuance in office._ Under 

this provision, it is believed, there is the power to increase. Several of tne State 

constitutions provide that the salary of a judge shall be neither increased nor diminished during his official term. These provisions, of course, are not legal 

objections to increasing the salaries proposed by this bill. They furnish, how- ever, some evidence of the state of the public mind upon this subject. The public judgment, as we believe, rests upon th~ conviction that one who. ta.kes !'n 

office by election or appointment, at a specified salary, agrees to do 1ts duttes 

for that salary; and that it is a breach of faith and breach of contract to ask or take more. The minority of the committee entertain the opinion that an increase in the 

salaries of the judges of the district courts of the United SLates, particularly at. this time, when the business of the country is seriously depressed, labor scarce, and wages low, is not in the interest of good government; nor will the use of 

the public revenues for such a purpose satisfy those who believe that the ex- penses of the public se1-vice ought to be kept within economical limits. 

GEO. E. SENEY. 

JOHN R. EDEN. WM. C. OATES. 

DAVID B. CULBERSON. R. T. BENNETT. 

I concur in this minority report. but not in all the reasoning in its support. 

N. J. HAMMOND. 

During the reading of the report the hammer fell. 

The undersigned can not concur with the majority of the committee in reporting the Senate bill, for the following reasons: . The present salaries of district judges are as follows: District of Cahfornia, 

$5,000; eastern district of Louisiana. $4,500; district ofM.assachusetts, northern, 

eastern, and southern districts of New York, eastern and western districts of 

Pennsylvania, 84.000; district of New Jersey, district of Maryland, southern 

district of Ohio, and northern district of Dlinois, 84,000; all other districts, $3,500. 

Now, if these salaries were properly graded nineteen years ago. there can be no good reason for the increase of the lower salaries to the m>LXimum salary 

then allowed without any increase of that maximum salary. If the minimum 

salaries have been inadequate, upon the gradation then established, the same proportion of increase should be allowed to all. But it will be found by reference to the report of the Attorney-General for 1885 that there is a singular disproportion between the salaries now allowed and 

the labor done in the several courts. There should be a carefully graded bill for these salaries, having regard to the 

labors of the judge and the different expenses of living in different localities, 

and the travel required in attendance on courts. The undersigned is in favor of adequate salaries for judges. That is the best 

repaid outlay of the money of the people which induces the largest ability to seek the bench and frees judicial life from the cares of family and home, which distrac~ from public duty, and, above all, which will m ak~the judge truly independent of all influences to disturb the balance of his judgment and unfit him to be an impartial arbiter between all men and all interests in society. 

The undersigned thinks the bill which equalizes these salaries does more than 

is just to some and less than is just to others. For these reasons the undersigned declines to concur in reporting the Senate 

bill favorably, and reserves the privilege of moving to amend it so as to do justicc to all by proportioning salary to labor, and not equalizing rewards between 

those who have unequal claims. 

.All of which is respectfully submitted. J. R. TUCKER. 

During the reading of the report the hammer fell. 

Mr. SENEY asked and obtained unanimous consent that the re- mainder of the report be printed as above. 

Mr. BAYNE. I now yield two minutes to the gentleman from Arkansas (Mr. ROGERS]. 

Mr. ROGERS. Mr. Speaker, the principal arguments urged against 

this bill concede that there are districts in the United States where the salaries of the judges are too low, and some follow this concession up by 

the statement that there should be a graduated bill providing for these 

salaries. 

The history oflegislation or attempted legislation upon this subject 

during the past five or six years demonstrates one fact, and that is that 

no bill increasing the salary of a single judge, or which undertakes to 

graduate the salaries of the judges, can receive a majority vote of either 

branch of C'.ongress. There is, there tore, left but one proposition for 

consideration: whether or not the salaries are too low, and if too low, 

whether we are willing to increase them to $5,000. 

So far as I am personally concerned I should prefer it if it were possible to pass a graduated bill; but it is not certain by any means that 

a bill of such a character would operate more justly or equitably than 

this bill, even if it were passed, tor the simpl~ reason that a circuit 

judge may, at any time where the business has accumulated or is 

urgent in any district court, require any district judge in the circuit lio 

come to such point and assist in the dis posing of the business by holding 

separate courts. Such is now the practice in many circuits, and I apprehend if the subject were carefnlJy examined into it would be found 

that some of the very judges who, it is said, do but little work in their 

own districts are doing large amounts of work in other districts. 

In this way their work is equalized. · However this may be, I have 

long believed that the salary of most of the judges is too small, and I 

have grave doubt whether any bill graduating the saJ.aries would operate for any considerable length of time more equitably than the bill 

under consideration. In a country developing and undergoing changes as rapidly as ours, new inequalities would arise constantly, and the 

result be as it is now under the present system-complaints and jealousies. The practice in every State in the Union is to give the circuit 

judges the same salary, while no one pretends that their work is equalized. 

No new argument has been adduced against this bill. One intimates that there are praetically no Democrats on the bench. It is true. 

I trust it will not be so always. We have some chances now to get some Democrats appointed, and I hope we shall not throw them away 

hy the adoption of such narrow views and policies as that statement 

suggests. If we must have Republicans we want the ablest and best 

we can get, men. of abilit.! and_courage and ~tan?i~g. I~ is sa~d the 

judges never resign. It IS a mistake. The Clrcmt m wh1ch I live has 

had three judges to resign in the last ten years, and the Government 

sustained a severe loss in each instance. I do not know of any money 

spent so wisely and so economically as that spent in securing brains 

and integrity for the bench. I know of no duty so grave, so solemn, so important as that which devolves on the conscientious and upright 

judge. 

It is not pretended the work of the judges has not increased and increased largely in the last two decades. I venture the assertion, and it 

is not without facts to sustain it, that either of the two judges in the 

State I in part represent does more work annually than the single judge 

who presided over the court prior to 1861, and which then exercised jurisdiction over a larger territory, did in five years. Why is this so? First, 

the general development of the State. Second. the introduction of railroads; but more especially because the jurisdiction of these courts has 

been increased; yes, I suppose, doubled since 1861. 

Sir, the history of legislation for a decade or more after 1865 was a constant extension of the jurisdiction of the United States courts. 

Until recently tlre uniform practice of the Democratic party was to protest against and antagonize all this character of legislation. But of late we are beginning, I sometimes think, to put the other side on the defensive in this regard. With oleomargarine and pleuro-pneumonia and 

lottery statutes, indeed with the absorption and usurpation of the entire 

police powers of the States by Congress, we shall soon need a Federal 

court for every county. and the nearer you get them to the people in 

their every-day affairs the more important to have good judges. 

But the judges are not responsible for this legislation. Congress is 

responsible for it. It has imposed the additional work, and I believe it 

to be its duty to pay salaries commensurate with it. The law prohibits a judge from engaging in the pra.ctice of his profession. Most 

of them know nothing else. Their lives have been devoted to its 

study. They have no time for other business, however well fitted for 

it. If they had ample time to engage in other matters, it is wiser and 

better that they should not. 

I do not believe any of the judges can live as becomes their station 

and educate their children and save anything from their salaries. True, 

they are retired at seventy yearsof age on full pay. But what if they 

do not reach seventy? There is no provision for widows or uneducated 

children. I am convinced that it is wisdom, justice, and the highest 

interests of the country to put our judges beyond all anxiety, necessity, or temptation. We shaH secure better talent, greater learning, 

purer courts, greater safety to the citizen, and better protection to property; and I submit if we can do this, the measure is economical also. 

I therefore support this bill from a sense of duty. I do not believe my 

constituents will complain; I do not think they will object to pay 

commensurate with the work done-good substantial pay for good substantial work. "The laborer is worthy of his hire." 

Mr. BAYNE. I now yield to the gentleman from Virginia. 

Mr. TUCKER. Mr. Speaker, the bill now presented to the House 

has passed the Senate and was considered by the Judiciary Committee 

at the last session of Congress and reported favorably. It is due to the 

committee to say that there was great difference of opinion there about 

the chara.cter of this bill; and I confess that my own judgment was in 

favor of a bill graduating the salaries according to the necessities of 

the case growing out of the labor performed by different judges, and the 

expensiveness of living at th.e place where the judge was to perform the 

duties of his office. But that was found to be impossible. I was the 

only member of the committee who favored such a proposition; and 

that being out of the case. the question now is, what are we to do? 

I feel that there are cases in which judges, district judges, perhaps, 

are paid enough by thirty-five hundred, four thousand, or four thousand 

five hundred dollars a year; but there area large number of cases which 

have come to my attention where the judges are paid insufficiently at 

these rates. 

Mr. OATES. Let me ask my friend from Virginia if the majority of 

the judges are not paid enough in his opinion? 

Mr. TUCKER. I really do not think so. I think the great defect in our economy is that we start at the wrong point. There never should 

be economy in commanding the best brains to adjudge cases between man and man. [Applause.] I believe that the judicial brain is the 

worst paid brain in this country. It is paid less than for most any 

other purpose; and I favor this bill not because it may be perfect in its 

provisions, but because it is a move in the right direction. I would 

rather give a judge a high salary to compensate him for his arduous labors, so as to command the best ability for the bench, than to give high 

salaries to any other class of people in any other Government employment in this country. , The truth is the men whose brains are intent upon the almigJ\f~ 

dollar are paid in this country greatly over the men whose brains can 
1466 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, 

adjudge causes between man and man, and I am in favor of this bill as the best that can be done. 

It will be said it is very expensive. Mr. Speaker, the cost will not 

be over $50,000, and you pass a bill by a three-fourths vote to spend a million dollars on some job. 

:Mr. SYMES. Do you not think that judges of the Federal courts, 

who work the year round, are worth as much as Congressmen, who 

work only a portion of the year? 

Mr. TUCKER. Some of them are worth more than some Congress- men. [Here the hammer fell.] 

The SPEAKER. The question is on the motion of the gentleman 

from Pennsylvania [M.r. BAYNE] to suspend the rules and pass the 

bill. 

:l'tfr. DUNN. I move that t.he House do now adjourn. 

The question beingtaken on the motion to adjourn, it was not agreed 

to; there being-ayes 32, noes 98. 

Mr. SENEY. I call for the yeas and nays. 

The yeas and nays were ordered, 45 members voting therefor. 

Mr. BURROWS. There seems to be a misunderst.anding as to the 

question on which the yeas and. nays are ordered. 

The SPEAKER. The Chair understood the gentleman from Ohio 

[Mr. SENEY] to demand the yeas and nays on the motion to suspend the 

rules and pass the bill. 

:l'tfr. SENEY. Yes, sir; I called for them upon that question. 

The question was taken; and there_were-yeas 146, naysllO, not vot- ing 62; as follows: 

YEAS-146. 

Adams, G. E. Ely, 

Allen, C. H. Ermentrout, 

Baker, Evans, 

Barnes, Everhart, 

Bayne, Felton, 

Belmont, Ford, 

Bingham, Funston, 

Bliss Gallinger, 

Bou~d, GGt~till~~C.H. Boutelle, 

Boyle, Goff, ' Brady, Grosvenor, 

Bragg, Grout, 

Breckinridge,C- R. Guenther, 

Breckinridge,WCP Hale, 

Brown, C. E. Hall, 

Brown, W. W. Harmer, 

Buck, Haynes, 

Burleigh, Henderson, D. B. Burrows, Henderson, T. J. Butterworth, Henley, 

Cannon, Hepburn, 

Carleton, Hiestand, 

Caswell, Hiscock, 

Catchings, Hitt, 

Clardy, Holmes, 

Conger, Hopkins, 

Cooper, Honk, 

Crain, Hudd, 

Cutcheon, Irion, 

Dargan, Jackson, 

Davenport, James, 

Davis, . Johnson, J . T. Dibble, Jones, J. T. Dorsey, La. Follette, 

Dougherty, Laird, 

Dunham, Lanham, 

Libbey, 

Lindsley, 

Little, 

Louttit, 

Lyman, 

Markham, 

Martin 

Mayb~. 

McComas, 

McKenna, 

McKinley, 

Merriman, 

Millard, 

Miller, 

Milliken, 

Moffatt, 

Morgan, 

Morrill, 

Morrow, . Negley, 

Nelson, 

Norwood, 

O'Hara, 

O'Neill, Charles 

O'Neill, J. J . Osborne, Owen, 

Parker, 

Payne, 

Pettibone, 

Phelps, . Plumb, 

Price, 

Ranney, 

Reed, 

Rice, 

Rogers, 

N.A.YS-110. 

Allen,J.M. 

Anderson, C. M. . Anderson, J. A. 

Bacon, 

Barbour, 

Barry, 

Bennett, 

Blanchard, 

Bland, 

Blount, 

Brumm, 

Bunnell, 

Burnes, 

Cabell, 

Caldwell, 

Clements, 

Cobb, 

Cowles, 

Cox. W.R. Crisp, 

Croxton, 

Culberson, 

Daniel, 

Davidson, A. C. 

Davidson, R. H. M. 

Dawson, 

Dockery, 

Dunn, 

Adams,J.J. 

Aiken, 

Atkinson, 

Ballentine, 

Barksdale, 

Browne, T. M. Buchanan, 

Bynum, 

Eden, 

Eldredge, 

Fisher, 

Forney, 

Frederick, 

Fuller, 

Gay, 

Geddes, 

Glass, 

Halsell, 

Hammond, 

Harris, 

Hatch, 

Heard, 

Hemphill, 

Henderson, J. S. 

Herbert, 

Hill 

Hohnan, 

Johnston, T. D. Jones,J.H. 

King, 

Kleiner, 

Laffoon, 

Landes, 

Lawler, 

LeFevre, 

Lovering, 

Matson, 

McCreary, 

McMillin, 

McRae, 

Mills, 

Morrison, 

Neal, 

Neece, 

Oates, 

O'Ferrall, 

Outhwaite, 

Payson, 

Peel, 

Perkins, 

Perry, 

Peters, 

Randall, 

Reagan, 

Reese, 

Richardson, 

Riggs, 

Rowell, 

Sayers, 

Scott, 

Seney, 

Shaw, 

Skinner, 

Sowden, 

NOT VOTING-62. 

Campbell, Felix 

Campbell, J .IU. Campbell, J. E. Campbell, T. J . Candler, 

Collins, 

Compton, 

Comstock, 

Cox:,S.S. 

Curtin, 

Dingley, 

Ells berry, Farquhar, 

Findlay, 

Fleeger, 

Foran, 

Rusk, 

Ryan, 

Sawyer, 

Scranton, 

Seymour, 

Snyder, 

Spooner, 

Steele, 

Stephenson, 

Stewart, Charles 

Stewart, J. W . Strait, 

Struble, 

Swinburne, 

Symes, 

Tarsney, 

Taylor, E. B. Taylor, I. H. Taylor, ZaclL 

Thomas, J. R. Thomas, 0 . B. Thompson, 

Tillman, 

Tucker, 

VanSchaick, 

Wadsworth, 

Wait, Ward, J. H. 

Ward,T.B. 

Warner, William 

Weber, 

West, 

White, Milo 

Whiting, 

Woodburn. 

Springer, 

Stahlnecker, 

Stone, W. J., Ky. 

Stone, W. J ., Mo. Storm, 

Swope, 

·Taulbee, 

Taylor, J. 1\I. 

Throckmorton, 

Trigg, 

Turner, 

Van Eaton, 

Viele, 

Wade, 

Walla.ce, 

Warner, A. J. Weaver, J. B. Wellborn, 

Wheeler, 

Wilkins, 

Willis, 

Wilson, 

Winans, 

Wise, 

Wolford, 

Worthington. 

Gibson, Eustace Glover, 

Green, 

Hanback, 

Hayden, 

Hermann, 

Hires, 

Howar~ 

Hutton, Mahoney, Robertson, 

Johnson, F. A. McAdoo, Rockwell, 

Kelley, Mitchell, Romeis, 

Ketcham, Muller, Sadler, 

Lehlbach, Murphy, Sessions, 

Long, O'Donnell, Singleton, 

Lore, Pidcock, Smalls, 

Lowry, Pinda.r, Spriggs, 

St. Martin, 

Stone, E. F. Townshend, 

Wakefield, 

Weaver, A. J. 

White, A. C. 

So the rules were not suspended, two-thirds not having voted in the 

affirmative. 

Mr. HAMMOND. I ask unanimous consent that the reading of the names of members voting be dispensed with. 

There was no objection. 

Mr. ROGERS. I am paired on all political questions with Mr. 

O'DoNNELL, of Michigan; but not regarding this as a political question 

I voted. The following pairs were announced: 

Until further notice: 

Mr. Cox, of New York, with :l'tfr. BROWNE, of Indiana. 

:Mr. TOWNSHEND with Ur. FLEEGER. 

M.r. FORAN with Mr. WAKEFIELD. 

Mr. Bn.TUM with ?tfr. OwEN. 

Ur. RoGERS with Mr. O'DoNNELL. 

Mr. BALLENTINE with l\1r . .JOHNSON, of New York. 

Mr. PIDCOCK with :Mr. WHITE, of Pennsylvania. 

Mr. CANDLER with Ur. ATKINSON. 

For this day: 

Mr. CAMPBELL, of Ohio, with M.r. DINGLEY. 

Mr. CoLLINS with Mr. KELLEY. 

Mr. FELIX CAMPBELL with Mr. THOMPSON. Mr. MURPHY with Mr. HENDERSON, of llliliois. 

M.r. MAHoNEY with Mr. H.AATB.ACK, 

Mr. GLOVER with 1\fr. L.EHLBACK. 

Mr. HUTTON with Ur. ROCKWELL. 

Mr. ADAMs, of New York, with Mr. HIREs. 

On this vote: 

Mr. LOWRY with Mr. LONG. 

Mr. McADoo with 1\fr. KETCHAM. 

The resUl~ of the vote waa then announced as above sta.tcd. 

PUBLIC BUILDING AT AUGUSTA, GA. 

Mr. BARNES. Mr. Speaker, I move to suspend the rnles so as to 

discharge the Committee of the Whole House from the further consideration of the bill (S. 712) for the erection of a public building at Augusta, Ga., and pass the same with the amendments reported by the 

Committee on Public Buildings and Grounds. 

The bill, with the amendments, was read, as follows: 

Be it enacl~d, &c., That the Secretary of the Treasury be, and he is hereby, 

authorized and directed to purchase a site for, and cause to be erected thereon, a suitable building, with fire-proofvawts therein, for the accommodation of the 

United States courts, post-office, internal-revenue service, and other Govern- ment offices, at the city of Augusta, in the State of Georgia. The plans, specifications, and full estimates for said building shall be previously made and ap- proved according to law, and shall not exceed for the site and building complete 

the sum of $150,000; nor sha.ll any site be purchased until estimates for the erec- tion of a building which will furnish sufficient accommodations for the trans· action of the public business, and which shall not exceed in cost the balance of 

the sum herein limited after the site shall have been purchased and paid for, 

shall have been approved by the Secretary of the Treasury; and no purchase 

of site, nor plan for said building, shall be approved by the Secretary of the 

Treasury involving an expenditure exceeding the said sum of 8150,000 for site 

and building: Provided, That- the site shall leave the building unexposed to danger from fire in adjacent buildings by an open space of not less than forty 

feet, including streets and alleys; and no money appropriated for this purpose shall be available until a. valid title to the site for said building sba.Jl be vested in the United States, nor until the State of Georgia shall have ceded to the United 

States exclusive jurisdiction over the same, during the time the United States 

shall be or remain thereof, for all purposes except the administration of the 

criminal laws of said State and the service of civil process therein. 

The SPEAKER. Is a second demanded? 

Mr. BARNES. I ask unanimous consent that a second be considered as ordered. 

There was no objection. The motion of Mr. BARNES was then agreed to. 

RIGHT OF WAY THROUGH INDIAN TERRITORY. 

:l'tfr. PETERS. I m~ve to suspend the rules and pass the bill which 

I send to the Clerk's desk. 

The Clerk read as follows: 

A bill (H. R. 8594) to grant the right of way through the Indian Territory to the Chicago, Kansas and Nebraska Railway, and for other purposes. 

Mr. PETERS. I ask unanimous consent that the reading of the bill 

be dispensed with. It is in the usual form. 

Mr. BUCHANAN. I object. 

The bill was read, as follows: 

Be it enacted, &c., That the Chlcago,Kansas a.ndNebraska.R..'lilwnyCompany, a corporation created under and by virtue of the laws of the State of Kansas, be, 

and the same is hereby1 invested and empowered with the right of locating, con- structing, owning, eqUipping, operating, using, and maintaining a railway and 

telegraph and telephone line through the Indian Territory, beginning at a point on the northern line of said Territory at or near t.be south line of the State of Kansas cro,ssed by the one hundred and first meridian, thence in a southwesterly direction by the most practicable route toward El Paso, N_l\lex., and aJso beginning at a. point on the south line of the State of Kansas near the city of Hun- newell, in Sumner County, thence running on the most practicable route to or near Fort Washita, and thence in a. southerly direction to the south line of 
r . 

1887. CONGRESSIONAL RECORD-HOUSE. 1467 

the Indian Territory in the direction of Galveston, Tex., with the right to con- struct, use, and maintain such tracks, turnouts, sidings, and extensions as said company may deem it to their interest to construct along and upon the right of way and depot grounds hereby granted. SEc. 2. Tha t said corporation is authorized to take and use for all purposes of a railway, and for no other purpose, a righ~ of way 100 feet in width through said India n T erritory, and to take and use a strip of land 200 feet in widt.h, w t th alen g t)l of 3,000 feet, in addition to right of way, for stations, for every 10 m iles of road, with the right to use such additional ground where there are heavy cuts or fills as may be necessary for the construction and maintenance of the road-bed, notexceding 100 feet in width on each side of said right of way, or as much thereof as may be included in said cut or fill: Provided, That no more than said addition ofland shall be taken for any one station: Provided further, That no part of the lands herein authorized to be taken shall be leased or sold by the company, and they shall not be used except in such manner and for such pur- poses only as shall be necessary for the construction and convenient operation of said r ailroad, telegraph, and telephone lines; and when any portion thereof shall cease to be so used, such portion shall revert to the nation or tribe of In- dians from which th e same shall have been taken. SEc. 3. That be fore said railwa y shall be constructed through any lands held by individua l occupants a ccording to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, full compen- sation shall be made to such occupants for all property to be taken 6r damage done by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed one (who shall act as chairman) by the President, one by the chief of the nation to which said occupant belongs, and one by said railroad company, who, before entering upon the duties of their appointmen.!J_ shall take and subscribe, before a district judge, clerk of a district court, or united States commissioner, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their award to and filed with the Secretary of the Interior within sixty days from the completion thereof; and a majority of said referees shall be competent to act in case of the absence of a member, after due notice. And upon the failure of either party to make such appointment within thirty days after the appointment made by the President, the vacancy shall be filled by the district judge of the court for the western dis- trict of Arkansas or the district of Kansas, upon the application of the other party. The chairman of said board shall appoint the time and ·place for all hearings, within the nation to which such occupant belongs. Each of said ref- erees shall receive for his services the sum of 54 per day for each day they are engaged in the trial of any case submitted to them under this act, with mileage at5 cents per mile. Witnesses shall receive the usual fees allowed bythecourts of said nations. Costs, including compensation of the referees, shall be made a part of the award, and be paid by such railroad company. In case the ref- erees can not agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by original petition to the district court for the western district of Ar- . kansas or the district of Kansas, which courts shall have jurisdiction {o hear and determine the subject-matter of said petition, a.ccording to the laws of the State in which the same shall be heard provided for determining the damage when property is taken for railroad purposes. If npon the hearing of said ap- peal the judgment of the. court shall be for a. larger sum than the awa.rd of the referees, the cost of said appeal shall be adju<)ged against the railroad com- pany. If the judgment of the court shall be for the same sum as the award of the referees, then the costs shall be adjudged against the appellant. If the judg- ment of the court shall be for a smaller sum than the award of the referees, then the costs shall be adjudged against the party claiming damages. When proceedings have been commenced in courttherailwaycompanyshall pay dou- ble the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned and proceed with the construction of the railroad. SEC. 4. That said railroad company shall not charge the inhabitants of said Territory a greater rate of freight than the rate authorized by the laws of the State of Kansas foJ;' services or transportation of the same kind : Proui.ded, That passenger rates on said railway shall not exceed 3 cents per mile. Congress 

hereby reserves the right to regulat~ the charges for freight and passengers on said railway and messages on said telegraph and telephone lines until a State government or governments shall exist in said Territory within the limits of which said rail way, or a part thereof, shall be located; and then such State gov- ernment or governments shall be authorized to fix and regulate the cost of trans- portation of persons and freights within their respective limits by said railway· but Congress expressly reserves the right to fix and regulate at all times the cost of such transportation by raid railway or said company whenever such trans- portation shall extend from one State into another, or shall extend into more than one State: Provided, however, That the rate of such transportation of pas- sengers, local or interstate, shall not exceed the rate above expressed: .Andprot;idedfurther, That said railway company shall carry the mail at such prices as Congressmaybylawprovide; and until suchrateisfixedbylawthe Postmaster- General may fix the rate of compensation. SEC. 5. That said railway company shall pay to the Secretary of the Interior, for the benefit of the particular n a tions or tribes through whose lands said main line and branches m ay be located, the sum of $50, in addition to compensation 

provided for in this act for property taken and damages done to individual oc- cupants by the construction of the rail way, for each mile of rail way that it may construct in said Territory, said payments to be made in installments of ll500 as each 10 miles of road is graded: Provided, That if the general council of said nations and tribes through whose lands said railway may be located shall, within four months after the tiling of maps of definite location as set forth in sec- tion 6 of this a ct, dissent from the allowances provided for in this section, and shall certify t h e same to the Secre tary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section 3 for the determination of the com- pensation to b e paid •to the individual occupant of lands, with the right of ap- peal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, That the amount a.warded or a.djudged to be paid 

by said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the foregoing provision. Said company shall also p ay, so long as said Terri- tory is owned and occupied by the Indians, to the Secretary of the Interior the sum of $15 per annum for each mile of railway it shall construct in the said Ter- ritory. The money paid to the Secreta ry of the Interior nuder the provisions of this act shall be apportioned by him, in accordance with the laws and treaties now in force between the United States and said n a tions or tribes, according to the number of mHes of railway that may be constructed by s a id railway com- pany through their lands : Provided, That Congress shall have the right, so long as sa id lands are occupied and possessed by said nation or tribe, to impose such additional taxes upon. said railroad as it may deem just and proper for their benefit ; and any Territory or State hereafter formed through which said rail- way shall have been established may exercise the like power as to such part of said railway as may lie within its limits. Said railway company shall have the 1·ight to survey and locate its railway immediately· after the passage of this act. SEC. 6. That said company shall cause maps showing the route of its located line through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the na tions or tribes through whose lands said railway may be located; and after the filing of said maps no claim for a subsequent settlement and improvement upon the right of way shown by sa.id maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's lo- cated line is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void, and said location shall be approved by the Secretary of the Interior in sections of 25 miles before construction of any such section shall be begun. SEc. 7. That the officers, servants, and employes of said company necessary to the construction and management of said road shall be allowed to reside, while so engaged, upon such right of way, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with said intercourse laW&. SEC. 8. That the United States circuit and district courts for the western dis- trict of Arkansas and the district of Kansas, and such other courts as may be authorized by Congress, shall have, without reference to the amount in contro- versy, concurrent jurisdiction over all controversies arising between said Chi- cago, Kansas and Nebraska Rail way Company and the nation and tribe through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all contro- versies arising between the inhabitants of said nation or tribe and said railway company; and the civil jurisdiction of said court-S is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the par- ties, so far as may be necessary to carry out the provisions of this act. SEc. 9. That said railway company shall build at least 50 miles of its railway in said Territory within three years after the passage of this act, or the rights herein granted shall be forfeited as to that portion not built; that said railroa.d. company shall construct and maintain continually all road and highway cross- ings and necessary bridges over said railway wherever said roads a.nd highways do now or may hereafter cross said railway's right of way, or may be by the proper authorities laid out.across the same. SEc. 10. That the said Chicago, Kansas and Nebraska Railway Company shall accept this right of way upon the express condition, binding upon itself, its suc- cessors and assigns, that they will neither aid, advise, nor assist in any effort loo.k· ing towards the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian nation any further grant of land, or its occupancy, than is hereinbefore provided: Provided, That any violation of the condition mentionedJn this section shall operate as a forfeit- ure of all the rights and privileges of said railway company under this act. SEc.ll. That all mortgages executed by said railway company conveying any portion of its railroad, with its franchises, that may be constructed in said Indian Territory, shall be recorded in the Department of the Interior~ and the record thereof shall be evidence and notice of their execution, and sna.ll con- vey all rights and property of said company as therein expressed. SEc.l2. That Congress may at any time amend, add to, alter, or repeal this act; and the right of way herein and hereby granted shall not be assigned or transferred in any form whatever prior to the construction and completion of 

~!r~~~toC:idf! ~~~~~~~~~n ~h~~lliens that may be given or secured 

The SPEAKER. Is a second demanded? 

Mr. BUCHANAN. It is. 

Mr. PETERS. I ask unanimous consent that a second be considered as ordered? · 

The SPEAKER. Does the Chair understand the gentleman to move 

to suspend the rules and pass the bill, or to pass it with the amendments? 

~1r. PETERS. With the amendments. 

Mr. RANDALL. Let us hear the amendments. 

The amendments were read, as follows: 

In section 1, line U, strike out "Hunewell" and insert " CaldwelL" Also strike out "Washita," in line 16, and insert" Reno;" and after the words "in the direction of Galveston, Texas," in lines 17 and 18, insert "and also in a southwesterly d .irection to the southern line of said Territory in the direction of Cisco, in the State of Kansas." 

The SPEAKER. The gentleman from Kansas asks unanimous con- sent that a. second be considered as ordered. 

Mr. RANDALL. I object. 

. The SPEAKER. Objection is made. The Chair will appoint the 

gentleman from Kansa-s [Mr. PETERS] and the gentleman from New 

Jersey [Mr. BUCHANAN] to act as tellers. 

The House divided; and the tellers reported-ayes 159, noes 4. 

The SPEAKER. The ayes have it, and there is a second. Under 

the rules thirty minutes are allowed for debate, fifteen minutes in support of the motion and fifteen minutes in opposition to it. [Cries of 

''Vote! Vote!"] ~1r. PETERS. I reserve my time, Mr. Speaker. 

Mr. BUCHANAN. I shall occupy but a few minutes in calling the 

attention of the Honse to what seemed to me to be some defects in this 

bill. In the first place the bill seems to be open to the objection which 

is sometimes made to bills in chancery, the objection of multifarious- ness. It seems to give not merely the right of way for a single railroad through the Indian Territory, but as printed it gives a right ot 

way for two railroads within that Territory, and as proposed to be 

amended -it gives a right of way for three railroads. 

The starting and the stopping points are not located with the definiteness that ought to be found in a bill of this character. It is true 

that the location when once made and filed with the Secretary of the 

Interior can not be changed; but I do not hesitate to say that under 

the language of this bill we give a roving commission to this company 

to go almost anywhere they please within the confines of the Indian 

Territory. During the present Congress we have passed seven or eight 

bills granting rights of way through that Territory. 

We have some ten or twelve more upon the Calendar awaiting action. This is one of a series, the effect of which must necessarily be 

to destroy the Indian Territory as a reservation to the Indian tribes. 

Last summer it was my privilege to make a journey through that Territory, and as I rode along in the cars in conversation with the ·chief of the Creek Nation I asked him why. it was that no more improve-

• 
I 

• 

1468 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, . 

ments were visihle along t.he line of the railroad. He said that ever 

since the railroad has gone through the Territory our farmers have been 

compelled to move miles away because of the destruction of their cattle 

by the cars. 

There is in this bill no provision for fencing this railway anywhere 

along its line from one end to the other. There is no provision by which 

an Indian farmer whose crops may be destroyed by fire communicated 

by the locomotives may be recompensed. He is driven to seek his 

remedy in a United States court in Kans::ts or in Texas, far from his 

home, is thus subjected to great expense for witnesses, and is obliged 

to have his case tried by a strange jury in a strange place. 

The provision with reference to the conrlemnation of improvements 

is not guarded as it should be. We all understand, I suppose, the peculiar nature of title in the Indian Territory, the fee being in the United 

States, the collective use in the tribe: and the title to the impr9vement 

in the individual farmer. Whilst this bill makes provision tor recompense to the tribe-small it is true, but nevertheless something by way 

of recompense-it provides that for the improvements of the Indian 

farmer there shall be a condemnation by three persons-appointed how? 

One by the President of the United States, one by the railroad company, and the third by the chief of the tribe. If the railroad company is to have a representative upon that board, I ask why, in common fairness, the Indian farmer should not have his representative as well? The chief may not be his choice; and we do know that sometimes chiefs are liable to be used for purposes other than proper. 

There is another question deeper than all these matters of detail-a 

question as to the right of the Congress of the United States to grant 

this right of way through this Territory without the consent of these 

Indian tribes. I read from a memorial presented to the present Congress by the representatives of the Choctaw and Chickasaw Nations. 

They say: 

.Although it is cfear that the right of eminent domain over the Indian Territory is vested in the United States, and that this right is incapable of alienation 

while the Territory remains suhject to the jurisdiction of the United States, it is, at the same time, certain that in the treaty of April 28. 1866. the United States gave their implied promise not t~ exercise that right any further for the benefit 

of railway corporations. Only in a. case where great and urgent public interests 

require a line of railway between given points through the Indian Territory can the United States be justified in exercising the right of eminent domain in 

fR.vor of a railway corporation, even in the absence of this implied promise of 

the treaty of 1866. 

I say that if this bill passes without some provision for obtaining the 

consent of the tribes through whose territory this road is to be extended 

it will pass in violation of treaty obligations. 

I have nothing more to say upon this subject. I have no hope of defeating the passage of the bill. So many bills of this character have 

already passed without question, so many are pressing behind this, 

with their great and their allied interests, that I have no doubt this 

bill will pass, making the way easier for those which are to come after 

it. Bot I feel that my duty as a representative of the people would 

not have been discharged if I bad not uttered here my protest against 

the spoliation of the domain granted to these Indians and the violation ofthe pli_ghted faith of the United States of America. 

Mr. PETERS. Mr. Speaker, this bill, which has been carefully examined by the Committee on Indian Affairs, is identical in form with 

bills passed by this House in the Forty-eighth Congress, and which received the Executive approval. It has been urged that we shall have 

an immediate vote upon this measure, and therefore I will not occupy 

any more time but will call for the vote. 

Mr. BUCHANAN. Will the gentleman state why it is that this one 

railroad company desires three different directions for its tracks through 

the Territory? 

Mr. PETERS. The bill embraces provision for only two different 

tracks--

Mr. BUCHANAN. Three. 

Mr. PETERS. I beg the gentleman's pardon; only two-one directly south through the Territory in the direction of Galveston, Tex.; 

the other through what is known as "No Man's Land," in the direction of Sisco, Tex. 

The question being taken on the motion of Mr. PETERS to suspend 

the rules and pass the bill with the amendments, there were-ayes 106, 

aoes 36. 

Mr. RANDALL. No quorum. 

The SPEAKER. The Chair will appoint as tellers--

Mr. PETERS. I demand the yeas and nays. 

The SPEAKER (after a count). In the opinion of the Chair, a sufficient number have risen to order the yeas and nays. 

Mr. PETERS. I withdraw the demand. 

Mr. BUCHAN AN. I renew it. 

The SPEAKER. In the opinion of the Chair, a sufficient number 

have risen; and the yeas and nays are ordered. 

The question was taken; and there were-yeas 159, nays 44, not 

voting 115; as follows: 

Allen,J.M. 

Anderson, J . .A. 

Baker, 

Barksdale, 

Barnes, 

Bayne, 

Behnett, 

Blanchard, 

Bland, 

Bliss, 

Blount, 

Boutelle, 

• 

YEAS-159. 

Boyle, Burleigh, Brady, Burnes, 

Breckinrid"e, C. R. Butterworth, 

Breckinridge, WOP Caldwell~ 

Brown, W. ,V. Campbell, T. J. 

Buck, Cannon, 

Carleton, 

C'atchings, 

Clardy, ' Conger, 

Crain, 

Crisp, 

Croxton, 

Culberson, 

Outcheon, 

Davidson, R. H. M. 

Dockery, 

Dorsey, 

Dunham, 

Dunn, 

Rly, 

Ermentrout, 

Evans, 

Everhart, 

Fisher, 

Ford, 

Forney, 

Funston, 

Gallinger, 

Gay, 

Gibson, C. H. 

Grosvenor, 

Guenther, 

Hale, 

Hall, 

HalseH, 

Hammond, 

Harmer, 

Harris, 

Hatch, 

Adams, G. E. Bacon, 

Belmont, 

Bound, , Bragg, 

Buchanan, 

Bunnell, 

Burrows, 

Clements, 

Cobb, 

Cowles, 

Heard, 

Hemphill, 

Henderson, J. S. 

Henderson, T. J. Henley, 

Herbert, 

Hiscock, 

Bitt, 

Houk, 

Howard, 

Hudd, 

Irion, 

Jones,J. H. Jones,J. T. Ketcham, 

King, 

Kleiner, 

Laffoon, 

Lanham, 

Lyman, 

Markham, 

Martin, 

Matson, 

Maybury, 

McComas, 

McCreary, 

McKinley, 

McMillin, 

McRae, 

Merriman, 

Millard, 

Miller, 

Mills, 

Mitchell, 

Moffatt, 

Morgan, 

Morrill, 

Morrison, 

Neal, 

Negley, 

Nelson, 

Norwood, 

Oates, 

O'Ferrall, 

O'Hara, 

O'Neill, Charles 

O'Neill,J. J. Parker, 

Payne, 

P eel, 

Perkins, 

Perry, 

Peters, 

Pettibone, 

Plumb, 

Price, 

Reagan, 

Reese, 

Richardson, 

Riggs, 

Rowell, 

Ryan, 

Sayers, 

Seney, 

Skinner, 

Snyder, 

Springer, 

Steele, 

NAYS-44. 

Cox1W.R. Da.Vls, 

Dawson, 

Dibble, 

Eden, 

Eldredge, 

Felton, 

Geddes, 

Glass, 

Hayden, 

Hiestand, 

Holman,· Holmes, 

Jackson, 

James, 

Johnston, J. T. Johnston, T. D. Landes, 

Little, 

Louttit, 

McKenna, 

Osborne, 

NOT VOTING-115. 

Adams, J. J. Dingley, Le Fevre, 

Aiken, Dougherty, Lt>hlbach, 

Allen, C. H. Ells berry, L~bbey, 

Anderson, C. M. Farquhar, Lmdsley, 

Atkinson, Findlay, Long, 

Ballentine, Fleeger, Lore, 

Barbour, Foran, Lovering, 

Barry, Frederick, Lowry, 

Bingham, Fuller, Mahoney, 

Browne, T. M. Gibson, Eustace McAdoo, 

Brown,C.E. Gilfillan, Milliken, 

Brumm, Glover, .1\forrow, 

Bynum, Goff, Muller, 

Cabell, Green, Murphy, 

Campbell, Felix Grout, Neece. Campbell, J. M. Hanback, O'Donnell, 

Campbell, J. E. Baynes. Outhwaite, 

Candler, Henderson, D. B. Owen, 

Caswell, Hepburn, Payson, 

Collins, Hermann, Phelps, 

Compton, Hill, Pid<:'ock, 

Comstock, Hires, Pindar, 

Cooper, Hopkins, Ranney, 

Cox. S. S. Hutton, Reed, 

Curtin, Johnson, F. A. Robertson, 

Daniel, Kdley, Rockwell, 

Dargan, La Follette, Rogers, 

Davenport, Laird, Romeis, 

Davidson, A. C. Lawler, Rusk, 

Stephenson, 

Stewart, Charles 

Stewart, J. W. Stone, \V. J., :Mo. Storm, 

Strait, 

Struble, 

Swinburne, 

Swope, 

Symes, 

Tarsney, 

Taulbee, 

Taylor, Zach. 

Thompson, 

Throckmorton, 

Tillman, 

Triggs, 

Tucker, 

Turner, 

Van Eaton, 

VanSchaick, 

Wade, 

Wadsworth, 

Ward,J. H. Warner, William 

Weaver,J. B. Weber, 

'Vellborn, 

Wheeler, 

Willis, 

Winans, 

Wolford, 

'Vorthington. 

Randall, 

Rice, 

Scranton, 

Sowden, 

Spooner, 

Stahlnecker, 

Stone, E. F. Taylor, J. 1\I. 

Thomas, J. R. Whiting, 

Wise. 

Sadler, Sawyer, 

Scott, 

Sessions, 

Seymour, 

Shaw, 

Singleton, 

Smalls, 

Spriggs, 

St .• Martin, 

Stone, W. J., Ky. Taylor, E. B. Taylor, I. H. Thomas, 0. B. Townsend, 

Viele, 

\Vait, 

Wakefield, 

Wallace, 

Ward,T.B. 

Warner, A. J. Weaver, A.J. 

West, 

V. bite, A. C. 

White, Milo 

Wilkins, 

Wilson, 

Woodburn. 

So (two-thirds having voted in favor thereof) the rules were suspended 

and the bill was passed. 

During the roll-call the following additional pairs were announced: 

For the rest of the day: 

Ur. LOWRY with Mr. LONG. 

Mr. ELLSBERRY with Mr. BRUMM. 

Mr. GREEN with Mr. ALLEN, of Ma.ssa.chusetts. 

Mr. CoMSTOCK with Mr. GOFF. 

Mr. CABELL with Mr. FULLER. 

Mr. WILSON with Mr. HENDERSON, of Iowa. 

Mr. PmDAR with Mr. HOPKINS. 

Mr. WILKINS with Mr. CASWELL. 

The vote was then announced as above recorded. 

MESSAGE FROl\1 THE SENATE. 

A message fr~m the 'Senate, by Mr. SYMPSON, one of its clerks, in 

compliance with the request of the House, furnished a duplicate engrossed copy of the bill (S. 2225) to indemnify certain su~jects of the 

Chinese Empire for 1osses sus~ined by the vwlence of a mQb at Rock 

Springs, in the Territory of Wyoming, in September, 1885. 

ENGROSSED BILL MISLAID. 

The SPEAKER. An engrossed bill has been mislaid, and the Clerk 

will 'read the resolut-ion which is rendered necessary. 

The Clerk read as follows: 

.Resolved, That the Senate be requested to return to the House of Representa- tives a. bill of the House (H. R. 8976) t~ incorporate the Washington Cable Rail- way Company of the District ofColwnbia. 

The resolution was agreed to. 
1887. CONGRESSIONAL RECORD-HOUSE. 1469 

PUBLIC BUILDING, DETROIT, MICH. 

Mr. MAYBURY. I move that the rules be suspended and the Committee of the Whole House on the state of the Union be discharged 

from the further consideration of the bill (S. 1131) entitled "An act to 

amend an act to provide for the purchase of a site and the erection of a public building thereon at Detroit, Mich.,'' approved March 2, 1885, and 

the same be passed, with amendments proposed by the Honse Committee on Public Buildings and Grounds. This bill amends the bill 

passed by the last Congress, and increases the limit of that bill by 

$125,000. ' 

The bill was read, as follows : 

Be it enacted &c., That an act entitled "An act to provide for the purchase of a site and the erection of a public building thereon at Detroit, Mich.," approved 

March 2, 1885, btoingchapter 314 of volume 23 of the Statutes of the United States, 

be amended so that the first section of said act sha.ll read as follows: 

"That the Secretary of the Treasury be, and he is hereby, authorized and directed to purchase a. suitab e.lot of land in the city of Detroit, county of Wayne, 

and State of Michigan, and cause to be erected on the ground so purchased a building suitat.Jle for the accommodation of the courts of the United States, of the 

custom-house, post-office, pension-office, and other Government offices in that 

city. The plans, specifications, and full estimates for said building shall be pre- viously made and approved according to law, and shall not exceed for the site 

and building complete the sum ofSl,025,000: Provided, That the site sha.llleave 

the building unexposed to danger from fire in adjacent buildings by an open space of not less than 40 feet including streets and alleys· and no money ap- propriated for this purpose sb;n be available until a. valid title to the site for 

said building shall be vested in the United States, nor until the State of Michi- gan shall have ceded to the United States exclusive jurisdiction over the same, during the time the United States shall be or remain the ownor thereof, for all purposes except the administration of the criminal laws of said State and the 

service of civil process therein: Provided, That if the Secretary of the Treasury 

shall deem it advisable to use for said purpose the site now owned by the United 

States, upon part of which the post-office and custom-house building now stands, 

he may do so; and should he further deem said site insufficient, he may enlarge 

the same by the purchase of additional adjoining ground: Provided, however, 

That if a. new site shall be purchased for said building as hereinbefore auth.or- ized, it shall be the duty of the Secretary of the Treasury, after the site for said 

building shall have been purchased, to cause a plan and specifications of said 

building to be prepared, which said plan and specifications shall not involve an expenditure in the erection and completion of said building, and the approaches thPreto, exceeding the portion of said $1,025,000 remaining after the site of said 

building shall have been paid for; and no plan of said building shall be approved 

by the Secretary of the Treasury involving an expenditure exceeding the sum so remaining after paying for the site of sa.id building: And prot;ided further, 

That nothing herein contained shall be construed in any event to increase the cost of the new site and building, including approaches, when completed, be- yond the sum of$1,025,000, as provided in this section." 

Mr. COWLES. I move that the House do now adjourn. [Cries of 

"No!"] 

The House divided; and there were-ayes 10, noes 86. 

So the House refused to adjourn. 

The SPEAKER. Is a second demanded? 

Mr. BLAND. There is a misunderstanding as to the amount in the 

bill. Some say it is a million of dollars and some $1,125,000. 

:Mr. RANDALL. What is the increase? 

Mr. MAYBURY. One hundred and twenty-five thousand dollars, as recommended by the Secretary of the Treasury, who stopped the work ~ order that the increase might be made by Congress. 

The SPEAKER. If no second is demanded the question will be put on the motion of the gentleman from Michigan to suspend the rules 

and pass the bill as amended by the Committee on Public Buildings 

and Grounds. 

The rules were suspended and the bill was passed (two-thirds voting 

in favor thereof). 

Mr. COWLES moved that the House do now adjourn. 

The House divided; and there were-ayes 27, noes 64. 

So the House refused to adjourn. 

• PUBLIC BUILDING, TROY, N.Y. 

Mr. BURLEIGH. I move to suspend the rules and discharge the 

Committee of the Whole House on the state of the Union from the further consideration of a bill (H. R. 7775) to increase the appropriation 

for the erection of a public building at Troy, N. Y., and pass the same. The bill was read, as follows: 

Be it enacted, &c., That the amonnt heretofore fixed as the limit of cost for the 

erection of a public building by the United States Government at Troy, N.Y., 

be, and the same is hereby, increased to $300,000, and that sum is hereby fixed as the limit of cost for the erection of said building and for the payment for the site 

thereof; and said additional sum is hereby appropriated, out of any money in 

the Treasury not otherwise appropriated, to be used and expended for the pur- poses provided in this act. SEC. 2. That the officers of the United States Government having charge of 

the erection of public buildings are required to be governed by the limitation 

hereby prescribed in making plans and contracts for the erection of said building. 

The SPEAKER. Is there a second demanded? 

Mr. COWLES. I demand a second. 

The SPEAKER appointed as tellers Mr. CoWLES and 1\Ir. BUR- LEIGH. 

Mr. BURLEIGH. I ask, by unanimous consent, that a second be 

considered as ordered. • 

The SPEAKER. Is there objection? 

Mr. COWLES.. I do not object if it is the distinct understanding 

after this bill is disposed of the House will adjourn. 

The SPEAKER. The Chair can not entertain any such condition. 

1\Ir. RANDALL. I object to any bargain, as the next is a public 

bill which ought to be considered. 

The SPEAKER. The second wilt be considered as ordered; and 

under the rule,.thirty minutes will be allowed for debate. [Cries of 

"Vote!"] 

The rules were suspended and the bill was passed (two-thirds voting in 

favor thereof). 

And then, on motion of Mr. McMILLIN (at 5 o'clock and 30 minutes 

p.m.), the House adjourned. 

PETITIONS, ETC. 

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

under the rule, and referred as follows : 

By Mr. J. A. ANDERSON: Concurrent resolution of Kansas Legislature, in favor of the Oklahoma. bill-to the Committee on Indian 

Affairs. 

By Mr. BARBOUR: Papers relating to the claim of Duncan James, 

of Farqnier County, and of Bushrod L. Fox, of Loudoun County, Virginia-to the ComQiittee on War Claims. _ Also, petition of Duncan James, praying for reference of his claim to 

the Court of Claims-to the same committee. 

By 1r!r. BARKSDALE: Petition ofThomas H. Beard, of Scott County, 

Mississippi, for relief-to the same committee. 

By Mr. BINGHAM: Resolutions of the Legislature of Pennsylvania, 

in favor of the agricultural experiment-station bill and of the Miller 

pleuro-pneumonia biU--to the Committee on Agriculture. 

By Mr. BLAND: Petition of Simeon Frow and of John F. Lynch, 

praying that their war claims be referred to the Court of Claims-to 

the Committee on War Claims. 

By Mr. W. W. BROWN: Resolutions or the Legislature of Pennsylvania, favoring the Miller pleuro-pneumonia bill and the agricultural experiment-station bill-to the Committee on Agriculture. 

By 1\Ir. BUNNELL: Petition of the Holstein-Freisian Association, of 

Iowa, asking for the passage of the Miller pleuro-pneumonia bill-to 

the same committee. 

Also, resolutions of the Legislature of Pennsylvania, favoring the 

agricultural experiment bill, and the Uiller plemo-pneumonia billto the same committee. 

By Mr. BURLEIGH: Resolutions of the Garry Owen Club, of the 

Hamilton Rowan Club, and of the Owen Roe Club, of New York city, 

opposing the so-called extradition treaty with the British Governmentto the Committee on Foreign Aff&irs. 

Also, resolution of the Bolten Post, No. 471, Grand Army of the 

Republic, requesting the passa.geoftheso-called Edmunds-Tucker antiMormon bill-to the Committee on the Judiciary. 

By Mr. BURROWS: Petition ofletter-carriers of Kalamazoo, Mich., 

for the passage of the eight-hour law, and favoring bill now pendingto the Committee on Labor. 

By Mr. CARLETON: Resolution or the Legislature of Michigan relative to pension legislation-to the Committee on Invalid Pensions. 

Also, petition of M. J. Matthews, of Detroit, Mich., in favor of the 

James commercial-travelers bill-to the Committee on Commerce. 

Also, resolution of the Engineers' Beneficial Association, of Marine • City, Mich., favoring the refunding of license fees to licensed officers 

of steam vessels-to the Select Committee on Ship-building and Shipowning Interests. 

By Mr. CUTCHEON: Petition of Post 226, Grand Army of theRepublic, of Uicbigan, in favor of the Edmunds-Tucker bill-to the Committee on the Judiciary. 

By Mr. ELDREDGE: Resolutionofthe LegislatureofMichigau, asking arrears of pensions, and that all ex-soldiers at sixty-two be put on the pension-rolls-to the Committee on Invalid Pensions. 

By Mr. ERMENTROUT: Memorial of Herbert Myrick, for the passage of the experiment-station bill-to the Committee on Agriculture. 

Also, memorial of E. M. Crawford and others, of New York leaf 

tobacco trade, in favor of repeal of revenue on tobacco-to the Committee on Ways and Means. 

Also, memorial of J. P. Robinson, E. B. Bartlett, and others, asking 

for the passage of the bill (H. R. 8730) to modify existing revenue lawsto the same committee. 

Also, memorial of Oscar 0. Freidlander, secretary of the New York 

Menhaden Oil and Guano Association, for increase of duty on degras 

and nitrate of soda-to the same committee. - Also, petition of the Crippled Soldiers' Association, in favor of certain 

pension legislation-to the Committee on Invalid Pensions. 

By Mr. EVERHART: Petition of employes in the Signal Corps, ask· 

ing for the transfer of the Signal Corps to the Agricultural Departmentto the Committee on Military Affairs. 

Also, resolutions of the General Assembly ofPennsylvania, favoring 

the Senate agricultural experiment-station bill, and the Miller pleuropneumonia bill-to the Committee on Agriculture. 

By Mr. FUNSTON: Resolutions of the Legislature of Kansas, in favor 

of the organization of the Territory of Oklahoma-to the Committee on 

the Territories. 

By Mr. GALLINGER: Papers in the pension case of Laura A. 

Wright-to the Committee on Invalid Pensions. 
1470 CONGRESSIONAL RECORD-SENA'I'E. FEBRUARY 8, 

By :Mr. J. S. HENDERSON: Paper of Jeremiah P. Robinson and 

others, of New York, urging the pa.ssage of the Hewitt bill (H. R. 8730) 

to modify existing laws relative to warehouses and the collection of 

revenue-to the Committee on Ways and Means. 

Also, paper of Herbert Myrick, of Springfield, Mass., favoring the 

agricultural experiment bill-to the Committee on Agriculture. 

Also_.. resolutions of the United States Jl,lenhaden Oil and Guano Association, favoring tariff duties of 2 eents per pound on degras and $10 

per ton on nitrate of soda-to the Committee on Ways and Means. 

By Mr. J. S. HENDERSON: Papers relating to the claim of Frank 

P. Haywood and of Frank P. Haywood, in behalf of his minor children, of Franklin County, North Carolina-to the Committee on War 

Claims. 

Uy Mr. T. J. HENDERSON: Petition of George J. Rice and others, 

citizens of Bureau County, illinois, praying for the passage of a bill to 

relieve Jesse Rood, late a private in Company B, Thirteenth Regiment 

Illinois Volunteers, from the charge of desertion-to the Committee on Military Affairs. 

By Mr. HITT: Petition of Peter Homer, of Lanack, ill., for the 

passage of House bill9733-to the Committee on Ways and Means. 

By Mr. LAFFOON: Petition of citizens of Owensborough, Ky., relative to a Federal court at that place-to the Committee on the Judiciag·ur. LINDSLEY: Petition in behalfofBridget Freilewek, offfister County, New York-to the Committee on Invalid Pensions. 

By Mr. McCOMAS: Petition of. the heirs of John Young, of Frederick County, Maryland, asking reference of claim to Court of Claimsto the Committee on War Claims. 

By Mr. McCREARY: Petition of Lydia Posey, of Kentucky, for re- lief-to the same committee. 

By Mr. JI,IlLLS: Petiiilon of J. J. Paget, of McGregor, Tex., praying 

for relief-to the Committee on the Post-Office and Post-Roads. . By Mr. MORRIT.L: Concurrent resolution of the Legislature of Kansas, for the passage of the bill opening Oklahoma to settlement-to the 

Committee on the Territories. 

By Mr. NELSON: Memorial from fishermen of Lake Superior, relative to duty on imported fish-to the Committee on Ways and Means. 

By Mr. OSBORNE: Resolutions of the Legislature of Pennsylvania, 

in favor of the passage of the Miller pleuro-pneumonia bill-to the 

Committee on Agriculture. 

Also, resolutions of the same, in favor of the agricultural experimentstation bill-to the same committee. · lly l!fr. PARKER: Petition of the J. K. Barnes Post, No. 360, 

Grand .Army of the Republic, in favor of the Edmunds-Tucker billBy :Mr. SWINBURNE: Petition of N. G. Lyon Post, No. 43, of M. .H. Brackley Post, No. 198, and of Patrick Kane Post, No. 312, Grand 

Army ofthe Republic, of New York, in favor of the Edmunds-Tucker 

bill-to the Committee on the Judiciary. 

By :Mr. W .A.DE: Petition of C. B. Holland, of Green County, Missouri, asking reference of his claim to the Court of Claims-to the Committee on War Claims. 

By Mr. WADSWORTH: Petition for increase of pension for Mrs. 

Rhoda Front-to the Committee on Invalid Pensions. 

By Mr. WARD : Petition of the Cattle-Growers' Association of the 

United States, and of the Holstein-Friesian Association of America, in 

favoroftheMiller bill-to the Committee on Agriculture. 

By Mr. A. J. WEAVER: Petition of John Beichley, for a specialact pem~ion-to the Committee on Invalid Pensions. 

By Mr. MILO WHITE: Petition of citizens of Minnesota, for in- crease of pension of Alvin Crissey, war of 1812-'14-to the Committee on Pensions. 

The following petitions, praying for the enactment of a- bill providing temporary aid for common schools, to be disbursed on the basis of 

illiteracy, were severally referred to the Committee on Education: 

By Mr. BAYNE: Of 99 citizens of Emsworth, Pa. 

By Mr. BOUTELLE: Of Rev. Daniel Green and 58 others, citizens 

of Ma-chias, Me. 

By. Mr. BURNES: Of Rev. G. W. Litts and 35 others, citizens of 

Balckow, Mo. 

By Mr. CARLETON: Of86 citizens ofPort Huron, Mich. 

Also, of the Women's Christian Temperance Union of Michigan. 

By Mr. CUTCHEON: Of 139 citizens of Big Rapids, Mich. 

By Mr. D.A. VIS: OfT. J. Lothrop and 118 others, citizens of Bristol 

County, Massachusetts. 

By Mr. GUENTHER: Of108 citizens of Eureka and Rushford., Wis. 

By Mr. HOLJI,-!ES: Of78 citizens of Clarion, Iowa. 

By Mr. HUDD: Of21 citizens of Green Bay, Wis. 

By Mr. McCREARY: Of21 citizens ofLiviJ?.gston, Ky. 

By Mr. PARKER: Of199 citizens of Lyme and Adams, N. Y. 

By Mr. PRICE: Of citizens of New Richmond, Wis. 

By Mr. ROMEIS: Of 55 citizens of Sandusky, Ohio. 

By Mr. SEYMOUR: Of 34 citizens of Woodbury, Conn. 

By Mr. SPOONER: Of 83 citizens of Burrillville, and of citizens of 

East Providence, R. I. 

By Mr. W .A.IT: Of 55 citizens of Pomfret, Conn. 

to the Committee on the Judiciary. 

Also, remonstrance of the Owen Roe Club, and of the Garry Owen Club SEN ATE. 

of New York city, against the so-called extradition with the British TUESDAY. Februat·y 8, 1887. 

Government-to the Committee on Foreign Affairs. J 

Also, resolutions of the Legislature of New York, urging measures to Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. 

extirpate pleuro-pneumonia-to the Committee on Agriculture. The Journal of yesterday's proceedings was read and appro\ed. 

By Mr. PAYNE: PetitionofsundrycitizensofFairbury, lli., for re- WASHINGTON CABLE RAILROAD COMPANY. 

lief of E. D. Baker, postmaster, for loss by fire-to the Committee on the The PRESIDENT pro tem1)ore laid before the Senate a resolution • Post-Office and Post-Roads. 

By Mr. PINDAR: Petition of the Owen Roe Club ofNew York city from the House of Representatives; which was read, as follows: 

against the extradition treaty with England-to the Committee on IN THE HouSE oF REPRESE:r.--r.ATIVES, Februar'IJ 7, 1887. 

Foreign Affairs. .Resolved, That the Senate be requested to return to the House of RepresentnBy Mr. REED: :Memorial of Bosworth Post, Grand Army of theRe- ~~;~~~~~~b~~~-o8f~ ~U:~~rporate the Washington Cable Railway Compublic, in favor ofthe Edmunds anti-Mormon bill-to the Committte The PRESIDENT pro tempore. The request of the Honse of Repre- on the Judiciary. if h b' · Th Ch · h By Mr. RIGGS: Papers relating to the pension bill of John Laub- sentatives will be granted t ere be no o ~ection. • e atr ears scher-to the Committee on Invalid Pensions. none, and the bill will be returned to that body. 

By l!fr. RUSK: Petition of· E. Walters & Co., and others, of Balti- PETmONS A:to.TD MEMORIALS. 

more, in favor of House bill 9733-to the Committee on Ways and :Mr. BLAIR presented a petition of the executive committee of the 

Means. Grand Lodge of the Independent Order of Good Templars, State of InBy Mr. SENEY: Petition of James D. Evans and others, :for the re- diana, in behalf of a membership of 1, 800, praying for the passa.ge of the 

peal of the tobacco tax-to the same committee. bill {8.1579) granting to the people of the District of Columbia the 

AJso, petition of Albert J. N eifer and others, of Wood County, Ohio, right to determine by ballot whether intoxicating liquors may hereafter 

for the passage of Senate billl636-to the Committee on the Post-Of- be legally manufactured and sold in that District; which was referred 

fice and Post-Roa-ds. tO the Committee on the District of Columbia. · . Also, joint resolution of the General Assembly of Ohio,"requesting He also presented a petition of citizens of Texas, praying for the enthe passage of Senate bill1976-to the Committee on Military Affairs. actment of the educational bill; which was ordered to lie on the table. 

By Mr. SNYDER: Petition of Robert F. Reynolds, of Malden, W. Mr. WILLIAMS presented a joint resolution of the Legislature ot 

V a., for reference of his war claim to the Court of Claims-to the California; w hieh was referred to the Committee on Commerce, and orCommittee on War Claims. dered to be printed in the RECORD, as follows: 

By Mr. ST..A.HLNECKER: Petition of a committee of business men .Assembly joint resolution No.3, relating to the construction of a breakwater at 

of New York city, favoring the passage of the Hewitt bill to modify Port Harford, in the Bay of San Luis Obispo. 

existing laws in regard to warehousing and the collection of revenue- Whereas the Government of the United States has caused to be made a sur- to the Committee on Ways and Means. vey of a proposed breakwater ·at Port Harford, in the Bay of San Luis Obispo; 

Also, petition of the Chamber of Commerce of. New York State, fa- an~ereas the construction of said breakwater is of great importance to the 

voting coast defenses-to the Committee on Appropriations. . . _ 4commerce of this State, both as a harbor of refuge and for the accommodation 

By Mr. STEELE: Petition of J. A. Bonham and 40 others, of Hart- 'ofvesselsengagedinthecoastingtradeonthesoutherncoastofthisState: Thereford Ci.ty, Ind., and of Amos Bogue and 50 others, o!" Fairmount, Ind., for;; it resolved1Yy the assembly of the State of California (the senate eo·ncuTTing), That 

in favor of the Miller pleuro-pneumonia bill-to the Committee on our Senators and Representatives in Congress are requested to vote for an apAgriculture. propriation for the construction of said breakwater, and Lo use ev-ery effort to 

S M ·al f Mathias Ki dt, · d f G W Fry procure said appropriation to be made. By Mr. TORM: emon o n an 0 eorge · ' Resolved, That the governor be requested to transmit to each of our Senators 

for pensions-to the Committee on Invalid Pensions. · . and Representatives in Congress a copy of these resolutions.