1.881. CONGRESSIONAL RECORD-HOUSE. 1143 

the United State13, there to give full and true ~wers.to such WI1tten interroga- tories and eross-interrogatones as may be subDlltted With the application, or to be 

orally examined and cross-examined upon the subject of such clillm. 

By this section the Secretary of the Interior, or the Commissioner 

of Pensions if he is the head of a bureau, may apply to any judge or clerk of any court of the United States, in any District, Territory or State, to issue a. snbpoona for any witness within the jurisdiction of 

such court, commanding the witness to appear before any officer au- thorized to take depositions, and to answer all interrogatories that· may be submitted to such witness; and this he has a right to do 

whenever he suspe~ts that any claim against the United States is 

fraudulent. And section 186 provides for the punishment of any wit- ness who, when snbpoonaed, will not testify. · In order to see how difficult it is to perpetrate a fraud upon the 

Pension Bureau, allow me to tell yon what a man has to do to get it. 

First, he has to make an application, and this application has to 

state his· name, age, hei~ht, occupation, color of hair, color of eyes, 

where and when he enlisted, in what company, who were his officers, when, where, and for what reason he was discharged, if he was wounded when and where, the extent of his wonn:d, and, in fact, a full description of himself, of his wound or malady. This must be sworn to before~a court of record, and in addition, the applicant ha-s 

to be identified•y two witnesses. . Second. There must be the affidavit of a commissioned officer that 

the affidavits set forth in the application are true; and if there is no commissioned officer the applicant must produce two of his comrades 

to swear that snob affidavits are true, and they must state their means of knowledge. The application is then sent to the Pension 

Bureau. The next step is to have it referred to the War Department for the purpose of seeing, first, whether the name of the applicant is on the rolls of the War Department; whether he enlisted at 

the time he stated, and whether he was discharged at the time 

stated; whether he was borne on the rolls at the time he is stated to 

have been wounded, and whether, according to the daily reports he was on hand. The same test is made with regard ·to his two com- rades. If he has ever signed the pay-rolls, that signature is compared 

with the signature to his application. In the same way his comrades are tested, and in the same way their signatures are compared; and 

the records must show that the comrades were there at the time. If 

all this is satisfactory and everything-appears to be right, the claimant is then examined by a surgeon of the Pension Office, and then, as a rule, there is a second examination before a board of three sur- geons. Not satisfied yet, still suspecting a. fraud, the applicant is re- quired to produce the affidavit of his family physician, if he ever had 

one, or of some physician who has been acquainted with him, showing the condition of the claimant from the time of his discharge from 

the Army to the time of his application for a pension not only, but 

his then condition. If he never had a family physician, then he must 

prove all these facts by his neighbors. If, after all this has been 

done, the Commissioner of Pensions still suspects that it is not all ri~ht, he can then send one of his special agents to examine the applicant anq report on his case. If that report is all right and the 

Commissioner still has a suspicion, he can write to the postmaster in 

regard not only to the claimant's condition as to bodily health, but as to his moral character and as to the moral character of the wit- nesses. If not then satisfied he can order the applicant before a special board of surgeons to be appointed by himself. 

We must also remember that if, after all this has been done, and 

the applicant's claim has been allowed and his name put on the roll as a pensioner of the United States, at any time thereafter, when- ever a suspicion works itself into the brain of the Commissioner, he can order this pensioner to be re-examined, and can send another special agent, or as many as he may desire, to examine his case. It seems to me that the Commissioner of Pensions has power 

enough already, and it is hard to see the necessity of five ihnndred 

and eighty-four additional Federal officers. If any considerable 

number of frauds have been perpetrated upon the Pension Office, 

with all the power already in the hands of the Commissioner that I 

have shown to exist, it is not the fault of the law. 

I have not time now to describe all that an applicant has tei do if 

she happens to be a widow with several children. The amount of 

evidence it takes to substantiate a marriage, a birth, or a death, 

is something absolutely amazing. Every possible and conceivable 

objection is made, and every flaw is found, so that, as a matter of 

fact, the greatest misfortune a widow has to contend with after the 

death of her husband is the prosecution of her claim for a pension. 

Another reason, however, urged for the passage of this bill, is the 

alleged dishonesty of the pension agents who practice before the Commissioner under the law as it now is. Every one of them is entirely 

and absolutely under the control of the Commissioner himself and the 

Secretary of the Interior. The Commissioner complains that they pra{}tice frauds, and put up jobs on him to the extent of millions of 

dollars per annum. He has all the power that legislation can give 

him to detect the guilty and have them punished. He has also the 

power to stop the practice of any pension agent upon even a suspicion of his integrity. Suppose the judge of a court with a hundred 

lawyers practicing before him should loudly accuse them, or some of 

them, of corruption in his court, of forging papers, suborning witnesses, falsifyin~ records, suppressing testimour, and packin~ juries, and yet should disbar none of the alleged culpnts, though with full power to 

do so. What heed would be given to his charges except in so far as they affected himself. The Commissioner of Pensions has plenary 

power now, under the law, to strike the name of any attorney or agent 

from his rolls, shut him out from the Department, prosecute, hunt 

him down with criminal prosecution, and put him in the penitentiary 

for his offenses if he has committed any. Let him execute the laws 

ra4;her than ask for additional legislation. 

Sir, the object of this bill seems to be to cast suspicion on all pension claims. Like the pamphlets and letters of the Commissioner, it 

appears to be saturated with the idea that a pensioner is always 

ready and willing to commit a fraud on the Government, and that a pension, when he gets it, is a gratuity. I deny this assumption from be~ing to end. The pensioners and applicants for pensions are as honest as other men, and have given quite as much evidence of friendship for the Government as those who asperse them. Nor do I regard 

the payment of his pension as a charity; it is the payment of a debt. 

A pensioner is a creditor, not a pauper. When the Government pays 

him his pension it does not bestow alms; jt discharges an · honest 

obligation. It is the fulfillment of a contract between the Government and the soldier. The soldier has .complied with his part of the 

contract on the fields of war in hardships, weariness, and pain. 

His wounds are his vouchers, and such evidence is sufficient for me. Others may take care of the illustrious and the fortunate. They may even create new offices for them and grant them high-sounding titles, 

but while I have the honor to represent a State upon this floor I sh:ill 

keep the.contraot with the wounded, torn, and shattered of the rank 

and file. 

Mr. BOOTH. The Senator from lllinois [Mr. LOGA...~] is entitled to 

the floor. I move that the Senate adjourn. 

The PRESIDING OFFICER, (Mr. HARms in the chair.) Before 

putting that question, the Chair will lay before the Senate the regular order, which is the unfinished business of yesterday, being the bill 

(S. No. 1773) to provide for the allotment of lands in severalty to Indians on th~ various reservations, and to extend the protection of the 

laws of the States and Territories over the Indians, and for other purposes. The Senat.or from Illinois, the Chair understands, is entitled 

to the floor. Does he yield to the Senator from California f 

Mr. LOGAN. I do. 

The PRESIDING OFFICER. The Senator from California moves that the Senate do now adjourn. 

The motion was agrf:led to; and(at four o'clock and forty-one minutes) the Senate adjourned. 

HOUSE OF REPRESENTATIVES. 

WEDNESDAY, February 2, 1881. 

The Honse met at eleven o'clock a. m. Prayer by the Chaplain, 

Rev. W.P. IlARrusoN, D. D. 

The Journal of yesterday was read and approved. 

CHANGE OF REFERENCE. 

On motion of Mr. CRAVENS, by unanimous consent, the letter 

from the Secretary of the Interior relative to the Hot Springs reser- vation in Arkansas, referred on yesterday to the Committee on the 

Public Lands, was directed to be referred to the Committee on Appropriations. 

REVOLUTIONARY BATI'LE-FIELD OF BE~GTON. 

Mr. JOYCE. Mr. Speaker, I ask unanimous consent to take up at 

this time Senate bill No. 1805, relative to the revolutionary battlefield of Bennington. . The SPEAKER. The bill will be read, after which the Chair will 

ask for objection. 

The· bill was read. It is as follows: 

Be it enacted, tEe., That the Secretary of the Treasury be authorized, 3nd i2 

hereby directed, to pay to the governor of the State of Vermont the sum of $40,000 out of any money in the Treasury not otherwise a.pJ.lropriated, to be by him trans- ferred to the Ben.D.ington Monument Association, which has raised an equal amount, for the erection of a proposed monument to commemorate the revolutionary battle 

of Bennington. 

SEc. 2. That no moneys shall be paid out of the Treasury for the benefit of such 

association until the design for its monument shall have been app:roved by the 

President of the United Etates, or by a commission appointed by him for the pur· 

pose, and a board of three Army officers appointed by him shaJ.I. have reported to him that the moneys already raised, together with the sum hereby appropriated 

from the Treasury of the United States, shall be sufficient to complete the monu· ment in accordance with the design approved by him or by the commission appointed by him. 

Amend the title so as to read, "A bill relative to the revolutionary battle-field 

of Bennington." 

The SPEAKER. There being no objection to the present consideration of the bill, the question is on the third'reading of the Senate 

"bill. 

The bill wa-s ordered to be read a third time; and it was accordingly read the third time, and passed. 

Mr. JOYCE moved to reconsider the vote by which the bill was passed ; and also moved thai the motion to reconsider be laid on the 

table. 

The latter motion was agreed to. 

,• 
1144 C(}NGRESSIONAL RECORD-HOUSE. FEBRUARY 2, 

WILLLBI R. WIU.J:ER. 

Mr. HENKLE. Mr. Speaker, I ask unanimous consent to call up 

for -present consideration Honse bill No. 301 for the relief of William 

R. Wilmer, and move to discharge the Committee of the Whole on the Private Calendar from the further consideration of thesame, and 

ask that it be put upon its pa.ssage. This bill has been before the 

Honse for six years, and it is important that action should be taken 

upon it speedily. The SPEAKER. The bill will be read, after which the Chair will 

ask for objections. 

The bill was read. It is as follows : 

Be it enacted, &c., That the Secretary of the Treasury be, and he is hereby, au- thorized, in adjusting the accounts of William R. Wilmer, late collector of internal revenue for the fifth district of Maryland, to credit him with the sum of 1,813.54, 

that being the amount in value of internal-revenue stamps a.nd cash of which the 

safe in his office was robbed by- burglars on the ni~ht of the 27th of April, 1875, and 

which have not been recovered : Protiided, That It shall appear to the satisfaction 

of said Secretary that said Wilmer was robbed without any collusion or privity on his part. 

Mr. HENKLE. I ask that the report accompanying the bill be 

read, which explains the facts in · connection with it and the finding 

of the Committee on Ways and Means. 

The report was read. 

Mr. ROBINSON. I would like to inquire, Mr. Speaker, of the gen- . tleman from Maryland, as I do not quite gather from the reading of 

the report, whether the $1,000 in question is included in the relief to 

be afforded by this bill f It is plain that the stamps lost a.re provided for; but I have forgotten the exact language of the bill in that 

respect as to whether provision is ma.de for the money lost or not. 

The SPEAKER. The bill will be again read. 

The bill was again read. 

Mr. ROBINSON. It is plain that it does not provide for that. 

The SPEAKER. The Chair presumes the cash lost was funds belonging to the Government. . Mr. ROBINSON. The report so a.lleges, but the bill does not propose to give any relief whatever on account of that item. 

The SPEAKER. Is there objection to the present consideration of 

the bill9 

Mr. P .A.GE. I shall not object, but desire to state that I have a. similar bill on the Speaker's table, and I shall ask to take it up to- morrow morning and pass it. 

The SPEAKER. The Chair will be glad, if in his power, to recognize the gentleman to make such request. 

Mr. BRAGG. I object. 

PORT OF GALVESTON, TEXAS. 

Mr. JONES. Mr. Speaker, I ask unanimous consent, at this time, to 

present a memorial of the State Legislature of Tex..1.s ; and ask that 

the same be read, printed iu the RECORD, and referred to the Committee on Commerce. 

.Mr. VALENTINE. I hope the gentleman will allow it to be simply printed in the RECORD, and not ask to have it read at this time. 

The SPEAKER. If there be no objection the memorial . to which 

the gentleman refers will be printed in the REcoRD, and referred to 

the Committee on Commerce. 

.Mr. JONES. Very well. I havo no objection to that. 

The memorial is a-s follows : 

.Joint resolution regarding the port of Galveston. 

Whereas the State of Texas and the States and Territories north and west of it 

comprise a vast extent of country possessing great and varied resources which are being developed by a rapidly increasing population, whose inlmense grain, cotton, 

and other productions require cheap and adequate communication with the mar- kets of the world, which cannot be afforded by long and expensive land carriage, the most important interests of producers and consumers demanding a near outle~ 

to water transportation; and 

Whereas the port of Galveston is the nearest pra{lticable port for said region to the markets of South America, Mexico, Europe, and the Atlantic coast, only re- qnirin!!, in order to furnish accommodations for all present and future commerce of those States, that its ba.r be deepened so as to admit vessels drawing over thirteen 

feet of w<tter; and 

Whereas commercial justice requires th<~ot the Federal GQvernment should afford 

proper facilities for the protection and development of the commerce of the South 

and West. as well as cultivate trade relations with Mexico and South America; 

and 

Whereas the im:t>rovement of Galvest()D Harbor is a matter of national importance, which fact IS being renlized, as in part appears from a bill recently introduced in Congress by Mr. H. PRICE, of Iowa, and Mr. THOMAS RYAN, of Kansas, 

setting forth the necessities for the work and providing for an appropriation of 

$1,000,000 to be used in deepening the channel over the bar into the harbor of Gal- veston for admission of ocean steamers drawin~ twenty·six feet of water, which 

action is appreciated by the people of Texas: Tnerefore, 

SECTION 1. Be it ruolvedby the Legislature of the State ofT~. That our San.atom be instructed ancl our Representatives in Congress be requested to urge by all proper exertions the early passage of slid bill, and such other measures having the like 

object in view, which they may deem expedient, in addition to the current appro- prmtions whioh their earnest efforts have already secured for th:l.t purpose. 

SEC. 2. Be it jurllter resoltied, That the Legislatures of Kansas, Missouri, Nebraska, Colorado, New Mexico, Arizona, Arkansas, Iowa, and all others that are interested, be, and are hereby, requested to take into consideration the s:une subject, and take appropriate a.ction for the advancement of their agricultural and com- mercial interests, by aiding in the a{lcomplishment of this work, by memorializing C()ngress, and by such other means as they may think advisable. SEc. 3. Be itfurther resolved, That the governor of Texas be requested to trans- mit copies of these resolutions to the governors and Legislatures of the States named, 

and ask their co-operation, and also to translnit copies hereof to our Senators and 

Represent.ati ves in Congress. · SEc. 4. The fact that the Legislatures of several of tho States mentioned in this 

resolution are in session, and the Congress of the United States is in session, and 

is soon to adjourn, and to be effective this resolution should reach said several legislative bodies speedily, creates a public necessity for the suspension of the rule re- quiring bills to be read on three several days, and creatas an emergency that this 

resolution should take effect from and after its passage, and it is so enacted. 

Appro\ed, .January 24, 1881. 

STA'IE OF TEXAS, DEPARTMENT OF STATE. 

I, T. H. Bowman, secretary of State of the State of Texas, do hereby certify that 

the foregoing is a true copy of the original joint resolution of the Legislature of 

Texas regarding the port of Galveston, approved .January 24,1881, the original en· rolled joint resolution being now on file in this department. Witness my official signature and the seal of State, at the city of Austin, the 

25th day of .JanniUJ, A. D. 1881. [SEAL.] T. H. BOWMAN, 

SecrettJ,ry of State. 

PETACA LAND GRANT. 

Mr. VALENTINE. I ask unanimous consent to take from the Private Calendar for present consideration the bill (H. R. No. 6729) to 

confirm a certain private land claim in the Territory of New Mexico. 

The bill was read, as follows : 

Be it enacted, <f:c., That the private land claim in the Territory of New Mexico 

known as the Petaca grant, numbered 105, in the report of the surveyor. general of 

New Mexico, dated February 20, 1875, recommendfug the same for confirmation, 

be, and the same is hereby, confirmed to .J os6 .J nlian Martinez and the other claim- ants named in the juridical possession of said grant: Provid~. That this contirma.-' 

tion shall only be construed as a quitclaim or relinquishment of title on the part of the United States, and shall not affect the adverse rights of any person or per- sons to the land so confirmed. 

SEc. 2. That the Commissioner of the General Land Office be, and he is hereby, l\nthorized and directed t() issue a patent upon the survey of said grant, aJ!proved by the surveyor.general of New Mexico December 6,1878, now on :file in his office, 

upon the payment to the United States of the costs of said survey as provided by la.w. 

l\1r. VALENTINE. The report by the committee is unanimous. I 

ask that it be rea.d. 

The Clerk read as follows : 

The Committee on Private Land Claims, to whom was referred the bill (H. R. 

No. 3555) to confirm a certain private lrmd claim in the Territory of New Mexico, 

beg leave to report : That this claim is known as the Petaca grant, No. 105, and is situated in the 

county of Rio Arriba, New Mexico; that under the eighth section of the aot of 

.July 22, 1854, (Statutes at Large, volume 10, pa:P.e 308,) the claimants of this grant file<i a ;I.>etition with the surveyor.generaJ of New Mexico for the confirmation of 

their title, based upon a grant said to have been made February 25, 1836, to .Jose 

.Julian Martinez and others by Alvino Perez, then civil a.nd military g<>vernor of 

the Territory of New Mexico i that on March 25, 1836, judicial possession was given by .Jos6 Antonio Martinez, a.tcalde of the jurisdiction of Santa Cruz del Ojo C::iliante, the boundaries being fnlly described therein in a letter of the honorabre Commissioner of the Gener:U Land Office of date March 31, 1880, which is herewith submitted as a part of this report. 

Your committee are satisfied from all the fact-s and record in this case that this 

grant should be confirmed, and therefore recommend a substitute for the bill No. 

~;>ie~~~utfe1~~;e~~~~~~onorable Commissioner of the General Land Office in 

DEPARTMID;T OF THE L>iTERIOR, GE:SERAL LAND OFFICE, 

Washington, D. 0., March 31, 1880. 

Sm: I am in receipt of a letter dated 15th instant, from W. W. Reynolds, esq., 

clerk of the Committee on Private Land Claims, Honse of Representatives, inclosing, by direction of said committee, a paper entitled " An act to confirm a certain 

private land claim in the Territory of New Mexico," a.nd requesting an opinion and such information as this office may possess in reference thereto. 

In connection with the matter, I have the honor to state that the private land 

claim in question is known as the Petaca grant, No. 105, in Rio Arriba County, New Mexico. 

Under the eighth section of the act of .July 22, 1854, (10 Stat., 308), the claim- ants of this grant filed a petition with the surveyor-general of New Mexico for the 

confirmation of their title, based upon a grant said to have been ml\de February 

25, 1836, to .Jos6 .Julian Martinez et al. by Alvino Perez, then civil and military 

governor of the Territory of New Mexico. March 25, 1836, juridical possession was given by .Jos6 Antonio Martinez, alcalde of the jurisdiction of Santa. Cruz del Ojo Caliente, the boundaries being described therein as follows: "On the south the 

entM.nce to the canoncito and lands of .Jos6 Miguel Lucero; on the north the hill 

commonly called the Tio Ortiz hill; on the east the creek of the .A.gange of the 

PetaM.; and on the west the boundary of the Vallecito grant." • From the testimony taken by the surveyor-general it appears tha.t this grant has 

always been settled and occupied, except when the inhabitants were driven off by 

the Indians, and that the town of Petaca was in existence at the time of the occu- pation of New Mexico in 1846 by the military force of the United States, and at the date of the treaty of Guadalupe Hidalgo in 1848. The surveyor-general, in his report of February 20, 1875, states that he has " no doubt that the papers of original title are genuine, and that present claimants are acting in good faith," a.nd therefore recommends "that this ~ant be confirmed to .Jos6 .Julian Martinez and others named in the act of possession or their legal rep- resentatives by Con~ess." A transcript of this report and of the 1\Ccomfanying title papers and teotimony were transmitted by the honorable Secretary o the Interior to each the President of the Senate and the Speaker of the House of Repre- sentatives, with his letters of March 2, 1876. Additional evidence in this case was also transmitted to the Speaker of the Honse of Representati•es with your letter 

of February 6, 1879. The surveyor-general of the Territory of New Mexico, whose duty it is, under 

the la.w, to examme and pass upon the validity of all privl\te land claims in said 

Territory presented to him for a-djudication, having reported that the original title 

papers in this case are believed to be genuine, I know of no objection to the con- firmation of this grant by Congress. It is proposed by the bill in question to confirm the grant according to a survey approved by Surveyor-General Atkinson December 6, 1878. This survey is on file 

in this office, and appears to conform substantially to the boundaries named in the 

juridical possession. It contains an area of 186,977.11 acres, being an average of 

about 4,350 acres to each claim:mt. The particular tract awarded to and held by each claimant in severalty does not contain this average, but the surplus con- tained within said boundaries and not so claimed, it woilld seem, is held for the common benefit of all. ~ 

I inclose a draught of a bill prepared in this office which I would suggest as a sub· 

stitute for the bill in question. r The letter of Mr. Reynolds and inclosure are herewith transmitted; also a trac- ing of the survey in question. 

Very respectfully, 

Hon. C. ScHURZ, 

Secretary of the Interior. 

.J. A. WILLIAMSON, 

OommiBBicner. 
1881. CONGRESSIONAL RECORD-HOUSE. 1145 

Mr. REAGAN. If this is to give rise to any debate I must object. 

:M:r. VALENTINE. I do not think it will lead to any debate. 

Mr. SIMONTON. Is the bill which has been read the substitute 7 

Mr. VALENTINE. The committ~e report the bill (H. R. No. 6729) 

which bas been read as~ substitute for the House bill No. 3555. It 

is the substitute bill which has been read. 

There being no objection, the Committee of the Whole Honse was discharged from the further consideration of Honse bill No. 6729, and 

it was ordered to be engrosseu and read a third time; and being en- grossed, it was accordingly read the third time, and passed. 

Mr. VALENTINE moved to reco:~+sider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. 

The latter motion was agreed to. 

CHARGES AGAINST INDIA..~ AGE~""TS, ETC. 

Mr. SCALES. I desire to.make n. privileged report. I am instructed 

by the Committee on Indian Affairs to report ba.-ck, with a favorable 

recommendation, the resolution which I send to the desk. 

The Clerk re:..d as follows : 

Resolved, That the Secretary of the Interior be, and he is hereb:r, requested to furnish to the House of Representatives copies of all papers which lin.ve been filed 

in his office during the last eighteen months relating to complaints and charges agl!Jnst any Indian .!l$ent, inspector, clerk, or other officer in the Indian service, 

and to inform this House what, if any, steps have been taken to prosecute the same. 

The resolution was agreed to 

ORDER OF BUSTh"ESS. 

Mr; REAGAN. I demand the regular order. 

The SPEAKER. The regular order is the morning hour for the can of committees for reports. 

Mr. COX. I move that the morning hour be dispensed with. 

The question being taken on Mr. Cox's motion, the morning hour 

wM dispensed with, two-thirds voting in the affirmative. 

PONCA Th'DIA....~S. 

The SPEAKER. The Chair asks leave at this time to prosent a message from the President. 

There was no objection. 

The message of the President was read, as follows : 

To the Senate ancl House of Rep~·e.scntati?:es : 

In compliance with the request of a large number of intelligent 

and benevolent citizens, and believing that it was warranted by the 

extraordinary circumstances of the case, on the 18th day of December, 1880, I appointed a commission consisting of George Crook and 

Nelson A. Miles, brigadier-generals in the Army; William Stickney, 

of the District of Columbia, and Walter Allen, of :Massachusetts, and 

requested them to confer with the Ponca. Indians, in the Indian Territory, and, if in their judgment it was advisable, also with that part 

of the tribe which remained· in Dakota, and "to ascertain the facts 

in regard to their removal and present condition so far as was neces- sary to determine the question as to what justice and humanity re- quire should be done by the Government of the United States, and to 

report their conclusions and recommendatioris in the premises." 

The commission in pursuance of these instructions having visited 

the Ponca Indians at their homes in the Indian Territory and in Dakota, and nmde a careful investigation of the subject referred to 

them, have reported their conclusions and recommendations, and I now submit their"report, together with the testimony taken, for the 

consideration of Congress. A minority report by Mr. Allen is also 

herewith transmitted. 

On the 27th of December, 1880, a delegation of Ponca chiefs from 

the Indian Territory presented to the Executive a declaration of their 

wishes, in which they stated that it was their desire "to remain on the lands now occupied by the Poncas in the Indian Territory," and 

"to relinquish all their right and interest in the lands formerly owned 

and occupied by the Ponca tribo in the State of Nebraska and the 

Territory of Dakota;" rmd the declaration sets fort.h the compensation which they will accept for the lands to be surrendered, and for 

the injuries done to the tribe by their remov21l tO' the Indian Territory. 

This declaration, agreeably to the request of the chiefs making it, is 

herewith transmitted to Congress. 

The public attention has frequently been called to the injustice and wrong which the Ponca tribe of Indians has suffered at the hands 

of the Government of the United States. This subject was first 

brought before Congress and the country by the Secretary of the 

Interior in his annual report for the year 1877, in which he said: 

The case of the Poncas seems entitled to especial consideration at the hands of 

Congress. They have always been friendly to the whites. It is said, and, as far a.s I have been able to learn, truthfully, that no Ponca. ever killed a white man. The orders of the Government always met with obedient compliance at their 

hands. Their removal from their old homes on the Missouri River was to them a. great hardship. They had been born and raised there. They had houses there in 

which they lived according to their ideas of comfort. Many of them had engaged 

in agricultnre, and possessed cattle :md agricultural implements. They were very reluctant to leave all this; but when Congress had resolved upon their removal 

they fi.na.lly overcame that reluctance and ooeyed. Considerino- their constant ~ood 

conduct, their obedient spirit, and the sacrifices they have made, they are certainly entitled to more than ordinary care at the hands of the Government, and I ur- gently recommend that libeml provision be m:lde to rud them in their new settle- ment. 

In the s:m1e volume the report of E. A. Howard, the aaent of the 

Poncas, is published, which· contains the following : ., 

I am of t.he opinion that the removal of the Poncas from the northern climate of 

Dakota to the southern climate of the Indian Territory, at the season of t.he year it was done, will prove a mistake, and that a great mortality will surely follow: amon~ the peo:ple when they shall have been here for a time and become poisoned with me malana of the climate. Already the effects of the climate may be seen 

~~~~;~e:d'c~ the .ennui that eeeiUS to han settled upon e:wh, and in the largenumIt is a matter of astonishment to me that the Government should have ordered 

the removal of the Ponca. Indians from Dakota to the Indian Territory without 

having first made some provision for their settlement and comfort. Before theil' 

removal was carried into effect an appropriation should have been made by Congress sufficient to have located them in their new home, by building a comfortable 

liouse for the occupancy of every family of the tribe. AS the case now is, no ap- propriation ha,s been made by Con~ess, except for a sum but little more than sufficient to remove them; no houses .nave been built for their use, and the result ia 

that these people have been placed on an uncultivated reservation to live in their tents as best they may, and await further legislative action. 

* These Indians claim that the Government had no right to move them from their 

reservation without first obtaining from them by purchase or treaty the title which 

they had acquired from the Government, and for which they rendered a valuable 

consideration. They claim that the date of the settlement of their tribe upon the 

land composing their old reservation is prehistoric; that they were all born there, 

and that their ancestors from generations back J:>eyond their lrnowledge were born 

and lived upon its soil, and that they finally ncquired " complete and perfect title 

from the Government by treaty made with the "Great Father" at Washington; which, they cla.imed, made it a.s legitimately theirs as is the home of the whito man acquired by gift or purchase. 

The subject was again referred to in similar terms in the annual 

report of the Interior Department for 1878, in the reports of the Commissioner of Indian Affairs and of the agent for the Poncas, and in 

1879 the Secretary of the Interior said : 

That the Poncas were greivonsly wronged by their removal from their location on the Missouri River to the Indian Territory, their old reservation having, by a mistake in making the Sioux treaty, been transferred to the Sioux, has been at length and repeatedly set forth in my reports as well as those of the Commissioner 

of Indian Affairs. .All that could be subsequently done by this Department in the 

absence of new legislation to repair that wrong and to indemnify them for their 

losses has been done with more than ordinary solicitude. They were permitted to select a new location for theiUSelves in the Indian Territory, the Quapaw reserve, to which they had first been taken, being objectionable to them. '£hey chose a tract 

of country on the .Arkansas River and-the Salt Fork northwest of the Pawnee r& 

serve. I visited their new reservation personally to satisfy myself of their condition. The land.s they now occupy are among the very best in the Indian Territory in point of fertility, well watered and well timbered, and admirably adapted for agriculture as well as stock-raising. In this respect their new reservation is 

nnquestion'l.bly superior to that which they left behind them on the Missouri River. 

Seventy houses have been built by and for them of far better qnalio/ than the miserable huts they formerly occupied in Dakota, and the construction of a larger number is now m pro8

!!l"ess, so that, as the agent reports, every Ponca family will 

be comfortably house before Janua.ry. .A. very liberal allowance of agricu'itnrar implements and stock cattle baa been given them, and if they npply themselves· to agricultural work there is no doubt that their condition will soon be fa.r more prosperous than it has ever been before. During the first year after their removal to the Indian Territory they lost a. ·comparatively large number of their people by death in consequence of the change cf climate, which is greatly to be deplored; but their sanitary condition is now very much improved. The neath rate among them during the present year has been yery low, and the number of cases of sick- ness is constantly decreasing. It is thought that they are now sufficiently acclimated to be out of danger. 

A committee of the Senate, after a very full investigation of the 

subject, on the 31st of May, 1880, reported their conclusions to the 

Senate, and both the majority and minority of the committee ~greed 

that "a great wrong had been done to the Ponca Indians." The 

majority of the committee says: 

Nothing can strengthen the Government in a just policy to the Indians so much as a demonstration of its willingness to do ample and complete justice whenever it can be shown that it has inflicted a wrong upon a weak and trusting tribe. It i.s 

impossible for the United States to hope for any confidence to be reposed in them 

by the Indian until therl} sha.ll be shown on their pSU't a readiness to do justice. 

The minority report is equally explicit as to the duty of the Government to repair the wrong done the Poncas. It says: 

We should be more prompt and anxious because they are weak and we a.re strong~ 

In my judgment we should be liberal to the verge of lavishness in the expenditure of our money to improve their condition, so that they and all others ma:y know that, 

although like all nations and all men we may do wrong, we are willing to make 

ample reparation. 

The report of the commission appointed by me, of which General 

Crook was chairman, and the testimony taken by them and th~lr investigations add very little to what was already contained in the official reports of the Secretary of the Interior and the report of the Senate committee touching the injustice done to the Poncas by their 

removal to the Indian Territory. Happily, however, the evidence 

reported by the commission and their recommendations point out con- clusively the true measures of redress which the Government of the 

United States ought now to adopt. The commission in its conclusions omit to state the important facts as to the present condition of the Poncas in the Indian Territory, but 

the evidence they have reported shows clearly and conclusively that 

the Poncas now residing in that Territory, five hundred and twenty- one in number, are satisfied with their now homes; that they are- healthy, comfortable, and contented, and that they have freely and 

firmly decideJ to adhere to the choice announced in their letter of 

October 2.5, 1880, and in the declaration of December 27, 1880, to re- main in the Indian Territory and not to return to Dakota. 

The evidence reported also shows that .the fragment of the Ponca. 

tribe-perhaps one hundred and fifty in number-which is still in 

Dakota and Nebrask~ prefer to remain on their old reservation. 

In view of these facta I am convinced that the recommendations 
1146 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2, 

of the commission together with the declaration of the chiefs of 

J)ecember last, if substantially followed, will afford a solution of the 

Ponca question which is consistent with the wishes and interests of 

both branches of the tribe, with the settled Indian policy of the Gov- ·ernment, and as nearlyasisnowpracticablewith the demands of justice. 

Our general Indian policy for the future should embrace the following leading ideas : 1. The Indians should be prepared for citizenship by giving to their 

young of both sexes that industrial and general educatian which is 

required to enable them to be self-supporting and capable of selfprotection in a civiliz·ed community. 

2. Lands should be allotted to the Indians in severalty, inalienable 

for a certain period. 

3. The Indians should have a fair compensation for their lands not 

required for individual allotments, the amount to be invested with 

suitable safeguards for their benefit. 

4. With these prerequisites secured the Indians should be made citi- .zens and invested with the rights and charged with the responsibilities of citizenship. 

It is therefore recommended that legislation be adopted in relation . to the Ponca Indians, authorizing the Secretary of the Interior to se- -cure to the individual members of the Ponca tribe, in severalty, suffi- ·cient land for their support inalienable for a term of years and until 

the restriction upon alienation may be removed by the President. 

Ample time and opportunity should be given to the members of the ·tribe freely to choose their allotments either on their old or their new -reservation. 

Full compensation should be made for the lands to be relinquished, 

for their losses by the Sioux depredations and by reason of their re- moval to the Indian Territory-the amount not to be less than the 

'Sums named in the declaration of the chiefs made December 27, 1880. 

In short nothing should be left undone to show to the Indians that 

the Government of the United States regards their rights as equally 

sacred with those of its citiz:ens. The time has come when the policy 

should be to place the Indians as rapidly as practicable on the same footing with the other permanent inhabitants of our country. 

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

table. 

The latter motion was agreed to. 

DUTIES ON ~'UFACTURES Oli' ffiON1 ETC. 

Mr. TOWNSEND, of Ohio, introduced a bill (H. R. No. 7100) in re- lation to the duties on manufactures of iron, &c.; which was read a first and second time, referred to the Committee on Ways and Means, and ordered to be printed. 

RIGHT OF SENATE TO ORIGINATE APPROPRIATION BILLS. 

Mr. KNOTT. I desire to make a privileged report from the Committee on the Judiciary in relation t.o the bill (S. No. 1157) authorizing the Secretary of the Treasury to purchase additional lots of ground 

adjoining the new building for the Bureau of Engraving and Printing. I ask that the report of the committee, together with the views 

of the minority, be printed and recommitted. 

The SPEAKER. This is a report touching the right of the Senate 

to originate appropriation bills. The chairman of the Committee on the Judiciary asks that the report of the committee, together with 

the views of the minority and the accompanying papers, be printed and recommitted. 

There was no objection, and it was so ordered. 

MONROE DOCTRINE. 

Mr. KING. I ask unanimous consent that two hours be assigned on Monday next for the consideration of the report of the Select 

Committee on the Interoceanic Ship Canal, touching the Monroe 

doctrine. 

The SPEAKER. Monday morning cannot be interfered with, that 

being the day when individuals can move to suspend the rules. 

Mr. KING. Then I ask that the two hours beassignedforthispurpose on Tuesday next. 

Mr. KEIFER. In what form does this come up Y 

Mr. KING. It is a report from the Committee on the Interoceanic 

Ship Canal. 

The SPEAKER. It requires unanimous consent. 

Mr. KEIFER. In what form does it come Y Is it merely for discussion T 

The SPEAKER. The Chair is not advised. He supposes it is for 

consideration and discussion. Is there objection ! 

Air. COFFROTH, Mr. KEIFER, and others objected . 

I do not undertake to apportion the blame for the injustice done to 

the Poncas. Whether the Executive or Congress or the public is 

-chiefly in fault is not now a question of practical importance. As the 

.Qhief Executive at the time when thewrongwas consummated, I am deeply sensible that enough of the responsibility for that wrong DISTRICT OF COLUMBIA APPROPRIATION BILL. 

Justly attaches to me to make it my particular duty and earnest de- Mr. COBB. I renew the motion that the House resolve itself into 

sire to do all I can to give to these injured people that measure of Committee of the Whole Honse on the state of the Union for tha redress which is required alike by justice and by humanity. purpose of proceeding with the consideration of the District of ColumRUTHERFORD B. HAYES. bia appropriation bill. 

EXECUTIVE MANsioN, Febru.ary 1, 1881. The motion was agreed to; and the House accordingly resolved 

NoTE.-The accompanying papers herein referred to are this day itself into Comm}.ttee of t~e Whole House on ~he state of. the U:nion, transmitted with the message to the Senate. (Mr. CoNVERSE m tee c._harr,) a?d proceede~ w!th the consi~eration of 

Mr. SCALES. I move that the message and the accompanying , the bill (H. R. No. j035) ma1dng ap.propnatwns to ::proVIde for the 

papers when received be printed and referred t~ the Committee on expenses. of the government of the DlStrict of Columbia for the fiscal 

Indian Affairs. year ending J one 30, 188-2, and fo~ other :purposes .. The motion was agreed to. The CHAIRMAN. The Ho~e ~now m. Comm1ttee <>,..f the ~ole 

Mr. CONGER. I ask also that the message be printed in the forthe~ur::poseoffurt~erconsidenngthebill(H.R.No. j035)maklng RECORD. a~prC!pnatwns to P.roVIde for the expenses ?f the government of the 

The SPEAKER. It will be printed in the RECORD, having been DlBtnct of Columbia for the fisc~ year ending June 3~, 188-2, ~~d !or 

read. and it goes into the Journal as well. other purposes. When the committee rose yesterday It ~a~ ~IVldmg ' upon an amendment offered by the gentleman from Vll'gJ.Dia, [Mr. PO'IT.A.W.A.TOMIE CLAIMS. HUNTON,] which the Clerk will now read. 

The SPEAKER, by unanimous consent, laid before the Honse a The Clerk read the amendment. which was to strike out the fol- letter from the Secretary of the Interior, in reply to a resolution of lowing: 

the Honse in relation to Pottawatomie claims. For buildings for schools: For tb.e purchase, when necessary, and the erection Mr. SCALES. I move that the communication and the accompany- and completion of three buildings for primary and intermediate schools, two to be 

mg papers be referred to the Committee on Indian Affairs. erected m the second school division and one in the sixth school division, (county,) 100,000, provided that they shnll be contracted for before the 1st day of Septem- The motion was agreed to. ber next. and finished before the 1st day of August. 1882, to be appropriated aa ORDER OF BUSINESS. follows, namely: For the second school division, 96,000; for the sixth school divis- ion, (county,) 4,000. 

Mr. COBB. I now move that the Honse resolve itself into Com- For the payment of the Washin~n school-fund bonds now held by the commis- ·mittee of the Whole on the state of the Union for the purpose of con- sioners of the District of Columb1a, $70,630.47; and said commissioners are hereby authorized and directed to cancel and destroy said bonds, and to use said appro· 'Sidering the District appropriation bill. . priation in the erection and completion of a high-school building. Said building The SPEAKER. The gentleman from Mississippi [1\Ir. MONEY] shall be located on that part of square numbered 446 commencing at the rear end 

-desires to ask the House at this time to pass the post-route bill. of that part of said square heretofore dedicated to school purposes, two hundred 

M COBB I will · ld 'th th d rst din th t I will b feet in width, thence south same width to 0 street, in Washington City; and said r. · · yie Wl e un e an g a e building shall be contracted for and completed within the time fixed for the build· 

-recognized for the motion I have indicated after the gentleman from ings provided for in the next preceding paragraph: And proTJid4d, That the plans Mississippi gets through. ana specifications for eaoh of said school buildings shall be furnished bythearchi· POST-ROUTES. teet ol the Capitol and approved by the boardof school trustees, and the work shAll 

be superintended by the District inspector of buildings. Mr. MONEY. I ask unanimous consent to report from th~ Com- li h f n · mittee on the Post-Office and Post-Roads, under instructions from that And to insert in en thereof t e 0 owmg: "tt th t t bill 'th dm t f 'd t' d And the commissioners are hereby authorized to sell the 3.65 bonds which are comm1. ee, e pos -ron e WI amen en s or conSI era Ion an held by them in trust 88 a school fnrid, amounting to s7o,630.47, and apply the pro- passage at this time. I move to dispense with the rea-ding. There is ceeds to the erection of two school buildings on sites and according to plans a.p-

..no legislation in it except the establishment of post-routes. proved by the board of school trustees. Said plans to be furnished and the work 

Mr. BRIGGS. Is that the printed bill T to be superintended. by the inspector of buildings of the,Distriot of Columbia. 

Mr. :MONEY. It is the printed bill with amendments. The CHAIRMAN. The question is upon agreeing to the proposed There being no objection, the Hoose proceeded to consider the bill amendment. 

{H. R. No. 7036) to establish post-routes, with amendments. '!"he question was taken; and upon a division there were-ayes 44, 

The amendments were agreed to. noes 71. . The bill, as amended, was ordered to be engrossed and read a third Before the result of this vote was announced, 

time; and being engrossed, it was accordingly read the third time, Mr. HUNTON said: I make the point that no quorum has voted. :and passed. Tellers were ordered; and Mr. HUNTON, and Mr. ALDRICH of Rhode 

Mr. MONEY moved t9 reconsider the vote by which the bill was Island, were appointed. · 

.
1881. CONGRESSIONAL RECORD-HOUSE. 1147 

The committee again divided ; and the tellers reported that there 

were-ayes 52, noes 96. 

So the amendment was not agreed to. 

Mr. SAMFORD. I move to amend the paragraph in relation to a high-school building by striking out the words "that part of square numbered 446, commencing at the rear end of that part of said square 

heretofore dedicat-ed to school pnrposes, two hundred feet in width, 

thence south same width to 0 street, in Washington City," and to 

.insert in lieu thereof the words "such site as the commissioners for 

the District shall select." 

Mr. TOWNSHEND, of Illinois. I desire to offer an amendment to 

the text of the bill just preceding the portion which the gentleman 

!from Alabama [Mr. SAMFORD] proposes to amend. 

The CHAIRMAN. By consent these two paragraphs of the bill are mow being considered together. 

Mr. TOWNSHEND, of Illinois. And it will be in order for me to ·offer my amendment when the amendment of the gentleman from 

.Alabama shall have been disposed oft . The CHAIRMAN. It will. 

Mr. NEAL. I make the point of order on the amendment of the 

;gentleman from Alabama that the Committee of the Whole has just · refused to strike out all the words that are included in his amendIJD.ent. 

Tile CHAIRMAN. The Chair understands that the Committee of 

the Whole refused to strike out the entire paragraphs. The proposed 

.amendment is to strike out a portion of one of the paragraphs, and ·the Chair is of opinion that the point of order is not well taken. 

Mr. SAMFORD. Not only does my amendment propose to strike .out but a portion of this paragraph, but it proposes to insert that 'which, in my judgment, will be for the improvement of the rest of 

-the paragraph. 

I desire to be distinctly understood as not being opposed to either . a 'high school or to the public schools in this District or in a.ny other section of the country. In my judgment, the time is very near at 

\hand ~hen the main-stay of the popular liberties of this country 

'Will be found in the education of its citizens. 

I will not now undertake to repeat the arguments made yesterday, 

because they seem to me to have been exhausted. My amendment still 

allows the high-school and the common-school buildin.gs provided for 

by this bill. All it seeks to do is to leave it to the discretion of the com- missioners of the District to determine where the high-school building shall be located. I do it in·the line of the argument made on ,yesterday in behalf of the citizens of that portion of this District 

'Who desire a market-house on this square. 

If my amendment shall be voted down, (which I am free to say I 

;anticipate,) I shall offer no other amendment to this paragraph, judging that the temper of the House is opposed to devoting tb.is square 

to any other purpose than that contemplated by the Committee on Appropriations reporting this bill. 

Mr. COBB. I desire to say but a single word. I submit to this com- mitteethat the location provided in this bill for the high-school building is a proper one and in the line of economy. We own the ground, .and there is a school building already located there on the ground. As 

I said yesterday, and as I now repeat, it is proposed to locate a mar- ·ket on the south part of this lot, adjoining the portion on which a public-school building is already located, and one or the other must .'f3ooner or later give way, for the two axe inconsistent with each other. 

Mr. SAMFORD. I do not propose by my amendment to locate a market anywhere. I propose to leave to the discretion of the com- missioners of the District where the high-school building shall be 

located. 

Mr. COBB. I understand the proposition of the gentleman. The 

main fight has been made against this paragraph by those who pro- . pose that this Jot shall be occupied by a market building instead of a school-house. I submit that it is due to the school interests of this , ,growing city and of the country thatthishighschoolshall be located 

upon this lot rather than a market house, for the reason, as I have 

already said, that the two are inconsistent, and there is a school 

building there now. Now, if we locate a market house upon this square, (which the 

pending amendment is intended to leave an open question,) we will 

thereby destroy the usefulness of the school-house already located 

there, and which has been located there by direction of the commissioners of the District. 

This is a matter which we ought to control; it is now within our grasp, and it is our duty to ourselves and to this community not to 

allow a market house to go upon square 446. As I have heretofore 

said, there is now a market house southeast of this square, distant a little less than three squares, and another market house a little less 

than three squares northwest of the site on which it is proposed to 

erect another market house. I say, then, that we ought to stand by 

the position we have assumed; we ought to carry through this provision of the bill, and do justice to the children of this District and 

the parents w4o have children to send to the public schools. The 

>proposition urged in opposition to the provision of this bill is, I believe, a blow at the public schools; and nOthing else. I do not. believe 

it is so intended by the gentleman from Alabama, but that is decid-

-edly the effect of his proposition. 

Mr. KLOTZ. Mr. Chairman, the whole Honse knowsthatlhardly -ever occupy its time; for speech-making is not in. my line; but I cannot sit here in silence and hear assertions made from such apparently 

high an4-.bority when the parties themselves know the facts are otherwise. I cannot sit silently by and see an effort made by a.combina- . tion of Shylocks to ruin other people and enhance the value of their own property. I am hurt to think that party lines have to be drawn on a question of education or a question of private right-a question 

which should be decided by the purest principles of equity, not influenced by considerations of avarice nrged by those who are undertaking to advance their own fortunes. I hope that we shall cease to 

draw party lines on a question like this, and vote for justice and right. In the first place, the gentleman from Indiana [Mr. CoBB] nrges 

that there is a school-house erected on this square, and if a market is 

put there the school-house must be removed. Letmestatethatthere 

has been a market on t.bis square for seven years or more, and the 

school-house which is spoken of is not half finished. The proposition 

really is to drive away the market for the benefit of the school, not 

to drive away the school for the benefit of the market. 

Seven or eight years ago this square was purchased for the erection 

of a market. This is i;he statement made to us by the commissioners. 

Work was commenced upon the foundations of a market house. The 

distance is half a mile from the center of this proposed market house 

to the ot.her market house which is spoken of, the market house on K street. The latter market house has no railroad nearer than a square and a half. This. square baa street railways on three sides, 

affording eaay communication with any part of the city. This location is already occupied for market purposes by one hundred farmers . There are one hundred and fifty stalls there, which have been occu- pied for seven years. People from the whole surrounding country come to this place to sell their produce and supply the needs of the 

public. If a market house be placed on this square, persons can step 

from the cars directly into the market house and from the market 

house back into the cars, with their heavy baskets, instead of paying 

ten or fifteen cents to have their baskets carried a square and a half . This market-house site is on Seventh street, between 0 and P. The 

nearest existing market house is on K street, between Fourth and 

Fifth. It js a distance of half a mile by actual measurement from the 

center of this proposed market house to the one already erected. A 

market has already been established on this square. 

I will tell you the whole trouble. The K street market was built 

in a place not accessible by cars, and consequently the investors did 

not find it profitable. The property was mortgaged; the stock went 

down to a nominal value. The people controlling one of the n.'ttional 

banks of this city bought up this stock at twenty cents on the dollar. 

Mr. Temple, who js the heir to this property, was last year made one of the school trustees, for the purpose of monopolizing this square 

and driving away the people who are now using it for market purposes. The object is in this way to enhance the value of the K street 

market property and its stock. I say that the commissioner who 

has charge of the schools appointed Mr. Temple one of the trustees; 

and this is the reason why that commissioner and this tl'DStee work 

in harmony for the purpose of doing away with the market on this 

square. A number of persons, many of them Germ~ns, have bou~ht 

property in the vicinity of this square because of a market bemg 

located there, and for seven years have been paying taxes at enhanced 

assessments because of the dedication of this square to market purposes. But these rich Shylocks are determined that there shall not 

be a market house there. 

[Here the hammer fell.] 

Mr. COFFROTH obtained the floor, and yielded his time to Mr. KLoTZ. 

Mr. KLOTZ. As I was saying, Mr. Chairman, when the market was started on this square a great many persons, a majority of them Germans, settled around there, opened their shops and built one very large 

hotel, called the Farmers' Hotel, for the accommodation of farmers . Fifty thousand dollars or more has been spent in this way on real estate. 

These people have their stores, their shops, their saloons if you please. 

Now it is said we ought not to have a market there, because it will 

bring these stores, shops, and hotels in front of the school-house. I 

say that these places were established there seven years ago; and now because these other people cannot come in and get the property at 

half price, thereby lining their pockets, they want to wipe out this 

market; they want to throw the trade. t-o the K street market, thus 

enhancing the value of the stock of that concern, which is held by 

them. 

I repeat, it is an outrage that party lines should be drawn on a question of this kind. I repeat that by actual measnrement it is a distance of half a mile from the center of one market to the other. I re- peat that a market was established on this square seven years before 

the school-house was commenced. That school building was begun 

only last summer. Why cannot the high school be built on one side of this square, 

which isthreehnndredfeet longf The proposition isthattheschoolhouse shall stand on the north side of the square in the middle of it, 

and this market building on the south side of the square in. the middle, exactly where this German market now stands, where the market 

people now come from ten or fifteen miles around the city, where this 

hotel has been erected for the accommodation of the farmers. This 

market has paid more money to the· Government for the last five 

years than any corporate market in the District of Columbia. I do 

hope that the pending provision of this bill will not be adopted. 
1148 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2, 

~Ir. NEAL. Mr. Chairman, if we were ignorant before of the power 

that is standing behind and urging the striking out of this provision 

in the bill certainly the frankness of the gentleman from Pennsylvania 

has removed any such ignorance on our part. It is the market-men 

who have possession of Government property and who desire to retain 

possession of it to the exclusion of every beneficial interest which is 

here advocating the use· of this property for a purpose from which it 

ought not to be diverted to any other. 

\Vho, I ask the gentleman from Pennsylvania, are the Shylocks 1 

Who are the men who have come and besieged the room of the Committee on the District of Columbia and the Halls of Congress, urging 

that this property shall be disposed of in the manner he suggests T 

Whose interests and claims does he advocate upon this floor 7 I say 

to this House there is not a single person, so far as my know ledge 

goes, who ever came before our committee except in open session to 

ask us to make any disposition of this property whatever. When 

the question came before the committee in a proper and legitimate 

way, then we heard all sides, and the majority of the Committee on the District of Columbia resolved that the market house should not 

be established in this place. 

Let me state another fact. When these parties took possession of 

that square they leased it for a period of two years. They have held 

possession of it ever since without any renewal of that lease. That 

is all the claim they have upon it. .A.t most, they are mere tenants 

at will. You may call them squatters unlawfully in the possession of that property. 

I said yesterday that the question which addresses itself to the con- sideration of this committee is, whether or not we shall use this property 

eligibly situated for the purpose of the location of this .high-school 

building, or whether we shall allow it to be occupied by these men and compel the school board to go elsewhere, condemn property and 

pay for t he improvements already erected, and put this building 

there f It seems to me there can be but one answer to this question. :Mr. KLOTZ. Is this the only place in the District of Columbia 

where a high-school building can be erected f 

}fr. NEAL. No; and it is not the only place in the District of 

Columbia where we can establish a market house. 

Mr. KLOTZ. But the market house is there now. Mr. NEAL. Yes; the market house is there now in the hands of 

squatters who have no more right than you or I have to that place. 

Mr. KLOTZ. They have paid the Government dues for seven years. 

Mr. ~~AL. I do not care what they have paid to the Government; 

they have no rights there which this House or anybody else is bound 

t o respect. 

It seems to me, Mr. Chairman, there should be but one opinion in 

this House on this subject, unless there are gentlemen upon this floor 

who have the Bourbonism of that class referred to by an old gentle- man in my own town, "who did not want their children to know more than themselves, and who," he added, "could not know a damn sight 

less." [Laughter.] 

Mr. HENKLE rose. The CHAIRMAN. Debate is exhausted on the pending amendment. 

Mr. COFFROTH's amendment to the amendment was rejected. 

Mr. HENKLE. Is it in order to make a remark f 

The CHAIRMAN. Not unless the gentleman moves an amendment 

t o the amendment. 

Mr. HENKLE. Very well, then I will move to strike out the ·last 

two words. Although I have no desire to have the last word on this 

question, nevertheless I do wish to make a remark in regard to this 

high-school question. It is a settled -matter that we are to have a high school in this District. We cordially indorse that, and will support it if there is an appropriation for it. This amendment provides 

the commissioners, in their judgment, shall locate it in the best position. This bill selects and locates Wi upon this market-house site. I 

think it is reasonable to infer the commissioners of the District have a knowledge of the necessities of the District as well as the gentle- man who has reported this bill. 

I want to say here now it is a question of importance, and yon 

ought to think of it dispassionately and keep in sight the welfare of 

the rising generation of this town. I do say here earnestly, can- didly, and dispassionately, without having one farthing of interest one way or the other, .that the location in this bill is not a central one. The streets in Washington are named alphabetically, commenc- ing at .A. and running down to the last letter in the alphabet. This 

is out upon 0 street, and you may form some idea from that fact 

whether it is in a central position or not. It is out on 0 street, 

which is on the northern border of the city, and upon the site selected 

:for a. market-house to accommodate that particular section of the 

city. 0 street northwest is not the central portion of the city. It 

is far remote from South Washington in the neighborhood of the 

arsenal and from the eastern branch of the Potomac. It is remote 

from the navy-yard and that part of the city lying east of the Capitol, a large and populous section of the city. In this section live the 

poor people who are to be benefited by public education, for whose 

benefit the system of public education has been established and paid for. Therefore I beseech you to think of the interest of these people 

and do not establish this school-house in an aristocratic section of the 

city and remote from the poor people for whom the system of public education was established. 

Mr. COBB. I dislike, Mr. Chairman, to detain the House further 

on this subject of a high school. The school board of this District, 

composed of nineteen members, unanimously favored the erection of 

this high-school building upon the site upon which this bill locates 

it. They have been before the committee and we have heard their 

suggestions on this subject. When the gentleman from 1t1aryland 

undertakes to say that this is not a central location he is just mistaken,. 

and that is all about it. 

Mr. HENKLE. Will the gentleman allow me to ask him a question f • Mr. COBB. I did not interrupt the gentleman, and I hope he will 

not interrupt me. Taking the east and the west 'this is as nearly a central location aa any that could possibly be selected in this city, and it is nearly a cen- trallocation north and south. The city, as is well known, is growing 

in the northern and northwestern direction. Now, the school board are unanimously in favor of locating it here, and the necessities of 

instruction here of this character demand the erection of this building in some such point which has the sanction of the school board. 

This board is exceedingly anxious to establish it at this point. No 

place, according to their judgment, is so well adapted for a public 

school of this kind ·as this. 

Now, I do not desire to take up the time of the committee any further with discussing this matter, and I hope it will come to a vote. 

upon it. 

Mr. HENKLE. I withdraw the pro forma amendment. 

The Cli.A.IRM.AlrT. The question is on the amendment submitted 

by the gentleman from Alabama. 

The committee divided; and there were-ayes 37, noes 80. 

So (oo further count being demanded) the amendment was not 

agreed to . . 1\Ir. HUNTON. Mr. Chairman--

Mr. COBB. I hope the gentleman from Virginia will give way a moment, so as to allow me to ask to have two words inserted in the 

first line of this paragraph, which seem to be omitted from the bill. 

In the bill as printed the words "of sites," after the word "purchase,'" 

in line 471, should be insert'ed so that it will read, "for the purchase 

of sites when necessary," &c. 

The amendment was agreed to. 

Mr. HUNTON. Mr. Chairman, I now move to strike out the first 

paragraph of this section. It will be observed that there are two 

paragraphs under consideration in this section. The first, beginning on line 471 and ending at line 480, I move to strike out. 

Mr. COBB. Mr. Chairman, I must raise the question of order upon 

that amendment. The committee has passed that point. 

Mr. HUNTON. Oh, no! The gentleman will remember that these 

two paragraphs are considered as one. Mr. COBB. I do not understand that we are considering this sec- tion in connection with the next one beginning at line 481. 

The 'CH.A.ffiMAN. That was an agreement made on yesterday in 

committee, to consider both of these together. 

Mr. COBB. Verywell. 

Mr. HUNTON. Provision is sought to be made here for the erec- tion of school buildings and the purchase of sites, in this city. I re- gret to take np the time of the committee with further amendments, 

but I believe that it is proper that I should press to a vote the amendment which I now offer. .A.s the bill stands, there is appropriated for 

the purpose of school buildings in the District of Columbia the sum of five hundred and seventy-odd thousand dollars. The Secretary of 

the Treasury estimates for the same purpose in the next fiscal year 

$422,000, so that it is an increase over the estimates of the Secretary 

of somewhere in the neighborhood of one hundred and fifty thousand 

dollars to one hundred and seventy tkousand dollars. I believe, Mr. 

Chairman, that it is more than can be properly appropriated in one year for purposes of schools in this district. 

Mr. CLAFLIN. Will the gentleman allow me to ask him a question f 

Mr. HUNTON. I have only five minutes, and hope the gentleman 

will not interrupt me at this time. 

I say, .Mr. Chairman, that this is a larger sum than can be afforded 

by the revenues of the District in any one year; and while I would 

not limit the educational advantages to be afforded to the children 

of this city and of Georgetown, yet I believe that it is to the interest 

of the District not to appropriate so large an amount during tha 

present year for this particular purpose. I do not believe, sir, that 

that amount of money can be expended wisely at this time in building school-houses. If my amendment prevails to strike out this paragraph, the only effect on the bill that would result from it would beto limit the building of school-houses to one high school already provided for in the next paragraph and postpone for the present the 

building of the common-school houses provid~ for in this paragraph~ 

It is in the interest of the people of this District that the building of 

the three school-houses provided for here shall be postponed for the 

present and that we continue to rent, as we are now doing, for a short time longer. .A.nd I desire to say further that the committee 

have already aaopted the amendment appropriating 300,000 for the 

purpose of replacing the rotten wooden pavements; and I apprehend, 

gravely apprehend, that if one hundred ihousand is appropriated 

for the building of school-houses in addition to the $70,000 already 

passed upon by the committee for the purpose of building a high school 

there will not be money enough out of the current revenues of the 
1881. CONGRESSIONAL RECORD-HOUSE. 1149 

District to pay the 300,000 for replacing these pavements. Therefore I ask the committee to postpone for this year the building of 

these school-houses and continue the renting of rooms as at present 

only for a little time. There are now in process of erection two new buildings for school purposes, which will be completed and ready for 

occupancy by the end of the fiscal year; so that when next year comes there will be twenty-four additional school-rooms in the city of Washington, which I apprehend will meet all reasonable demands in that 

direction; and it strike~e for the present that the bill should be 

confined to this high-school building and limited in other respects as I have suggested. Mr. CLAFLIN. Mr. Chairman, I desire briefly to call the attention 

of the committee to the appropriations made la-st year for the District 

of Columbia. The gentleman from Virginia objects to this appropriation, but he will, it seems to me, concede that the amount can be paid 

by the District of Columbia by a comparison with the amounts paid 

in a former year. The amount appropriated for 1881 was in round num- bers $3,425,000. It is proposed here to appropriate only some three million two hundred and seventy-three thousand dollars, including the 

amount necessary for the erection of these school-houses. The gentle- man says that the appropriation for the repair of lhe roads and streets 

amounts to $150,000 more than the amount set apart in the bill, having 

been increased to that extent. That is true; that has been increased 

by the amendment of the committee, but I submit to the committee 

whether it is better for the schools to fail or the roads to fail. It seems to me if there is anything to fail it should not be the schools. Again, 

the taxes of course, as every gentleman must know, are constantly increasing. Now, the taxes to be applied to the purposes of this bill are the taxes to be collected in 1882, not in 1881, and it seems to me that no reasonable fear need be felt that the revenues of the District will 

be insufficient for this purpose; that is, to build the school-houses as well as to repair the roads. 

It seems to me there can be no reasonable fear but the appropriation will be sufficient for both purposes, to build the school-houses 

and to repair the streets, which, to be sure, are in bad condition, but 

not in so bad a condition as the schools are. A large number of the 

schools are located in basements of churches and alloorts of out-ofthe-way buildings, where children are suffering and to which parents . are not willing to send their children. 

Mr. COBB. We have now the issue made, and it is presented 

squaJ:ely. The gentleman from Virginia [Mr. HUNTON] in his amendment now proposes to strike out two school-houses which are proposed 

in this bill to be built. He claims that the revenue of the District 

will perhaps not be able to bear the burden of erecting these two 

:School-houses thus provided for. He gives that as a reason why his 

amendment should be adopted and that portion of the bill stricken 

-out which provides for the erection of these buildings. 

Now, when the gentleman from Virginia was proposing his amendment of $150,000 for the repair and repaving of streets, &c., he presented an estimate by Major Twining, ashe said, which willmake the revenues amount to about three million six hundred thousand dollars. 

He now says the revenues w1Jl not be sufficient when it comes to 

building school-houses. U Major Twining is right and if the gentleman from Virginia is right in his quotation from him-and I have 

the same figures-why, then there will be enough. I did not favor 

the gentleman's amendment, because I was in favor of fostering the 

li'evenues of the District as best I could, giving them such direstion as would most benefit the people of the District and save the reve- nues in the end. 

I have before me a map showing where school-houses are located 

in the locality where we propose to put these two buildings. As I 

have already stated, the rents amount to nearly eight thousand dollars a year. There are seven school-rooms in this school division 

that are not fit to-day for the children to go to. They are unhealthy 

.and illy ventilated. 'rhere is not a school building in my State that 

is as bad as those seven rooms. There is not ;Jo school building out 

Qf the more than nine thousand in my State which is as bad as seven -<>f these buildings. And, as I have said, we are paying as much as 10 per cent. on the full and complete value of the entire property 

by way of rents for these rooms. In addition to that we are spending $15,000 a year on repairs, a part of which goes ~o repair these 

buildings. 

The gentlemen from Virginia has made the issue. It is whether we :ahall have common schools in this District or not. That is the question we have been fighting on for nearly two days, and the issue is 

presented squarely at last. Will you build the school-houses or not 'f 

If this committee determines we ought not to build, at lea-st I have 

done my duty. I am for it heart and soul, and regret my friends on this side do not more generally stand by me. Mr. HUNTON. I move to strike out the last word. I do not desire 

>to detain the committee, and shall only do so for a. moment. I am the last man to make the issue on free schools. · Mr. COBB. You are doing it now. 

Mr. HUNTON. The gentleman will excuse me; I am not doing ··that now. The only question is, how we shall accommodate the ·scholars; whether we shall rent or build school-houses. 

As regards the estimates, I am not inconsistent now with the posi- tion I took in the early part of the consideration of the bill. The 

.estimates of Major Twining, alluded to by the gentleman from Indiana, will not bring the receipts of the District up to the expenditures 

of the bill if $170,000 are appropriated for building school buildings. 

I will give you the figures. Major Twining estimates the receipts of 

the next fiscal year at $1,698,000, with a surplus added of $21,000 from 

the current fiscal year. That will bring into the treasury $3,394,000. 

The amount of this bill as originally reported was $3,272,994. Take 

that sum from the estimated receipts and there are left $121,000. But 

the amount added to the bill for the purposes of relaying the rotten 

pavements of the streets is $150,000; and it is evident the $121,000 

would not pay the $150,000. And I submit, Mr. Chairman, it is a much more important thing to have these rotten wooden pavements taken 

up and to preserve the health of the children and the adults than it 

is to build fine school-houses for the present accommodation of the 

children. 

Mr. ALDRICH, of Rhode Island. Will the gentleman permit me to ask him a question f 

Mr. HUNTON. Certainly. 

1\Ir. ALDRICH, of Rhode Island. If it is so very important for the 

health of the District that these rotten wooden pavements should be 

replaced-and I agree to a considerable extent in what the gentleman 

from Virginia has said as to that-why have not the commissioners 

expended the money appropriated bfCongress for that purpose 'I Why 

is there an unexpended balance of 5419,000 in the treasury to-day 'I 

Mr. HUNTON. There is not that much by a long way belonging 

to the replacing of pavements. • Mr. ALDRICH, of Rhode Island. That was the statement that was made the day before yesterday. 

1\Ir. HUNTON. I have the statement of Major Twining, which 

shows that there are some three hundred thousand dollars to the credit 

of that fund; and I beg to state that contracts are made now to be 

executed by the 1st July that will consume that fund. 

Mr. TOWNSHEND, of Illinois. And there will be nothing left T 

Mr. HUNTON. No; there will be nothing left. I am so informed 

by the engineer commissioner, that the contracts made and suspended now in consequence of the extreme cold weather, to be completed by 

the 1st July, will spend every dollar of this balance in the treasury. 

Mr. ALDRICH, of Rhode Island. I hope so. Mr. HUNTON. I hope this amendment will prevail. 

The question being taken on Mr. HUNTON'S amendment it wa.s not 

agreed to . Mr. TOWNSHEND, of Illinois. I offer the amendment which I 

send to the desk. 

The Clerk read as follows: 

Strike out" three, " on line 472, and insert" two." 

Strike out "two," on line 473, and insert "one." 

Strike out "one hundred," on line 475, and insert "fifty." 

Strike out "ninety-six/' on line 479, and insert "forty-six." 

Strike out all from line 481 to 498 inclusive, so that it will read: 

"For buildings for schools: For the purchase of sites, when necessary, and the 

erection and completion of two buildings for primary and intermediate schools, one to be erected in the second school division and one in the sixth school division, 

(county,) $50,000, provided that they shall be contracted for before the 1st day of 

September next, and finished before the 1st day of August, 1882, to be appropri· ated as follows, namely: For the second school division, S46,000; for the sixth 

school division, (county,) $4,000. " 

Mr. COBB. I make a point of order on that amendment. 

Mr. TOWNSHEND, of illinois. What is the poin~ of order f 

Mr. COBB. My point of order is that the committee has already 

passed upon this matter, at least so far as striking out the second 

paragraph is concerned, and I hold that if my point of order is good 

against one portion of the amendment it is good against all of it. 

The CHAIRMAN. The gentleman from Indiana is mistaken in his 

point of order. By general consent the two paragraphs are being 

considered together. 

1\Ir. HUNTON. I would suggest to the gentleman from Illinois [Mr. TOWNSHE~"'D] t.hat the Committee of the Whole is unquestionably in 

favor of retaining the second paragraph. I would therefore recom- mend to him to omit from his amendment the portion relating to the 

second paragraph. 

1\Ir. TOWNSHEND, of illinois. I will adopt the suggestion of my 

friend from Virginia, [Mr. HUNTON.] 

I have said nothing thus far in regard to this bill, and I would not now say anything if I did not feel it my duty to speak for those whom 

I represent on this floor and to say a. word for those who are not 

represented on this floor. We are legislating here astheBritish Parliament legislated a little over one hundred years ago for the Ameri- can colonies; we are imposing taxation without representation. And 

when it is remembered that our forefathers testified their abhorrence 

of that principle on many a bloody battle-field, it should at least serve to admonish us to be very careful about imposing taxation 

without representation. 

There are in this District nearly two hundred thousand people who 

have no representation on this floor. While the head of each Executive Department of this Government has access to this Hall and can consult with members on matters relating to the Departments no one representing these 200,000 people can obtain admission through the 

doors of this Hall in order to consult with the members here when 

legislation is under consideration affecting the interests of the people 

of this District. 

What do you propose to do by this bill, or rather by the portion 

to which my amendment relates 7 You propose to impose a tax of 

$160,000 for building new school-houses. Are they needed in this 

District'! If you will consult most of those who o~ght I think know 
1150 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2',. 

more about that qu~tion than any of us here, they will tell you that 

they are not needed. 

Mr. VAN VOORHIS. Will the gentleman allow me to ask him a question f 

Mr. TOWNSHEND, of Illinois. Not now; I have but five minutes. 

I desire to call the attention_ of members to the fact that thus far the 

commissioners of this District have not recommended the construction of one of these additional school-houses, and neither has it been 

recommended by the Committee on the District of Columbia of this 

House. 

Some one in this debate has remarked rather flippantly that it is 

not necessary to consult the District commissioners. Why not Y Can 

any one here cast any imputation upon their integrity or upon their 

goodjudgmentf My friend from Indiana [Mr. CoBB] has testified 

truthfully with regard to one of the commissioners. I happen to 

know them all, and I know them to be good and worthy citizens, 

and I believe they are judicious and faithful officers deserving of 

consideration and consultation. They have given a good administration of the affairs of the District and have reduced expenditures, 

notwithstanding the increase of population since they came into office 

in July, 1878. 

\Vhat do those commissioners say f They say it is more important 

to the healthJ comfort, and the welfare of t,he people of this District 

that the old rotten pavements, many of which were put down under 

fraudulent contracte, before they came into office, should be replaced 

with good and substantial paving. The engineer commissioner of the 

District, in whom my friend from Indiana [Mr. COBB] has confidence as to his judgment upon this question, has said that it is important 

that these rotten pavements should be replaced. He expresses the 

sentiment of all those who understand their condition. 

I want to call attention to what has been said by an ably edited 

and popular journal of this District upon this very question, and which 

ought to receive some attention from members of thls House. I hold 

in my hand an article from the Evening Star of this city. The editor 

of that paper has been known to me for many yeal'8, and I know his 

statements are worthy of credit. He is a son of Maine, a State of 

steady habits, of good school-houses, and of an excellent common- school system. I ask the Clerk to read the portion of that article 

which I have marked bearing directly on this question, and which I 

believe expresses the sentiments of a very large majority of the taxpayers of this District. 

The Clerk read as follows: 

.At the same time that these sweeping reductions were made in the a:ppropria.- tion.s for work so largely affecting the public comfort. health, and convemen.ce, the 

bill takes the large sum of $"210,630 from the general revenues of the District for 

the erection of school buildings, not for general school purposes, but for school 

buildings alone. .And this large amount is appropriated almost entirely for three 

buildings, wherea.s it should suffice for the erection of a dozen school-houses of 

reasonable size, and placed at points most convenient for the use of the greatest number of pupils. But much as school buildings are needed, this is altogether too large a sum to be drawn from the District revenues in a single year for buildings alone, especially as the burden. of general school expenses is exceptionally large m Washington.. Further, the comnussioners are required to place one of these buildings on the site of the present 0 street market, whereby the city will lose about 

six thousand dollars revenue. For some reason, not apparent upon. the face, it is 

provided that the plans and specifications for these school buildings shall be furnished by the .Architect of the Capitol, although the District has competent archi- tects in ita employ for that very service. 

Mr. TOWNSHEND, of Illinois. How many school buildings are there in the city of Washin~ton, in the District of Columbia to-day! 

Does any one know Y I am mformed that there are two hundred and 

twenty-four school buildings owned by the District of Columbia. I 

venture the assertion that there are more school-houses in the .District of Columbia to-day than there are in any other city on earth of 

equal population. 

Mr. COBB. I know that the gentleman from Illinois [Mr. ToWNSHD."D] does not desire to misrepresent. The number he states includes the rooms also rented for school purposes. 

Mr. TOWNSHEND, of Illinois. The gentleman from Indiana is 

mistaken. I have here a statement obtained from what I regard as reliable authority, from one of the officials of the District government. 

Mr. VAN VOORffiS. A question. 

Mr. TOWNSHEND, of illinois. I have not time. 

Mr. VAN VOORHIS. Then I call the gentleman to order; he has 

spoken five minutes. 

:Mr. TOWNSHEND, of Illinois. I find that there are two hundred 

and twenty-four school buildings ow:ned by this city. I asked the 

q nestion particularly, and was told that that number did not em brace 

any rented school-houses whatever. 

The CHAIRMAN. The time of the gentleman has expired. 

Mr. HARRIS, of Virginia. I will take the floor and yield my time 

to the gentleman from Illinois. 

Mr. TOWNSHEND, of illinois. I thank my friend from Virginia for his courtesy. 

I run the last person on this floor who would oppose the construction of any school-house where it is needed in all this broad land. A 

portion of the education of my early boyhood I owe to the common schools of the District of Colwnbia, and I believe I know something about them. And I think I am warranted in saying that my knowledge of the public-school system of the State of Illinois is perhaps 

equal te that of almost any other citizen of that State. While I regard the public-school system of Illinois as exooptionally good, I am convinced from the examination I have given the subject that in the 

city of Washington there is aa g~d if not the best common-school 

system, the best common schools, and the best methods of primary· instruction that can be found in any other city or State in this Union. 

Why, sir, some Cabinet officers, Senators, members of Congress, 

and many of the wealthiest citizens of this District have had theirchildren partly educated in the common schools of this District. I 

submit, therefore, that the common-sckool system and facilities of this- District are good enough. But I come back to the question, is there a necessity for an increased number of school buildings Y It may be 

that the constant increase of population will render it important 

that provision should be made for an increased number of school 

buildings. Therefore I propose as a compromise measure on this subject the amendment I have offered. I propose in this amendment 

that two of the three common-school houses recommended by the-· Committee on Appropriations shall be constructed-one in the county 

and one in the very divjsion spoken of by the gentleman from Indiana, where it is said the school buildings are insufficient and unfit to· accommodate the scholars. This amendment will save an expenditure of $46,000, which I think ought to be used in replacing these 

rotten, malaria-generating, death-breeding pavements of this city. 

I am satisfied from articles in the press of this city and from my 

conversations with prominent citizens that if we can progress with 

the building of school-houses at the rate of one building a year, we· shall progress as rapidly as the interests of education and of the taxpayers of this District as well as the tax-payers throughout the coun- try would require or warrant. Bear in mind, gentlemen, that you are not only imposing taxes upon the people of this District, but also· upon your own peopie in your own States. Unless yon can show a necessity for these taxes they should not be laid. In the State of Illinois (and my State stands almost at the head of the column in respect 

to education) I do not believe there is a city or a district where yon 

will :find more ample and valuable common-school facilities than in 

this District. Therefore I am opposed to an increase of the burden· of taxation on my own people or the tax-payers of the District, when 

I feel that such a burden will be unnecessary. 

Mr. VAN VOORffiS. I move pro fornw, to amend by striking out 

the last word. Mr. Chairman, a single fact will upset the fervid 

argument of my friend from Illinois. This fact is that in addition to 

all the school-houses in this city we are paying $30,000 annually as. rent for insufficient, inconvenient, poorly-ventilated, and unhealthy 

school accommodations. Thirty thousand dollars is the interest at S.. 

per cent. on $600,000. If we appropriate $200,000 in this bill for 

school buildings we save $30,000 a year. Now, I say that this District ought to have school accommodations enough ; and we ought not 

to be paying $30,000 a year as rent for the miserable places which. are rented in this city for school purposes. 

Mr. ALDRICH, of Rhode Island. As an indication of the value of 

the statistics given by the gentleman from Illinois, [.Mr. 'l,'OWNS· 

HD."D,] I want to say that according to the report of the board of 

school trustees for the present year there were two hundred and 

thirty-eight school-rooms occupied in this District. 

Mr. TOWNSHEND, of Illinois. Will my friend allow me a mo- ment f I will not vouch for the accuracy of my statement in regard 

to school buildings. This morning when I asked well-informed officials the number of school buildings in the District, I was told there- were two hundred and twenty-four. I am willing to concede that . perhaps I misunderstood my informant; he may have intended to say school-rooms, instead of school buildings. 

Mr. ALDRICH, of Rhode Island. I have no doubt that much of' 

the information the gentleman has given is quite as accurate as that 

to which he has aJJ.nded. 

Mr. TOWNSHEND, of Illinois. That is the only information I 

have given. -,. • Mr. ALDRICH, of Rhode Island. There is no reason why we should 

not make this appropfiation for school-houses as reported by the com- mittee, and also the appropriation for pavements as already agreed 

to. The revenues of the District will be ample for both purposes. 

This Committee of the Whole has expressed its opinion three, four, or five times already on every question now submitted by the gentle- man from Illinois ; and I believe there is no occasion for further discussion. I withdraw the formal amendment. 

Mr. TOWNS~, of illinois. Mr. Chairman, [Cries of" Vote!" 

"Vote!"] I wish to say only a word in reply to my friend from Rhode 

Island. It is possible that I may have been misinformed as to the 

number of school buildings in the District, but still the point to which 

I wish to draw the attention of the House ·is that this amendment 

provides for two of the three school buildings which the Committee , onAppropriations recommend, and in view of what I have already 

said, should be accepted as a. compromise. 

Mr. BRIGGS. I rise to a point of order. The gentleman .from Illinois has already occupied ten minutes on the discussion of this very · question. Mr. TOWNSHEND, of Illinois. I move p1·o fo'rrna to amend by striking out the last two words. In my judgment, Mr. Chairman, th&· amendment I propose will furnish all the new buildings that the city· needs for school purposes, and if adopted it will avoid the necessity for creating a deficiency; for having increased to $300,000 the appro-.. 

priation for the improvement of streets, if you adopt this bill as it-· 
' 

. 

1881 .. CONGRESSIONAL RECORD-HOUSE. 1151 

no~ stands, there is danger that a deficiency will occur at the end of 

the next fiscal year. But if my amendment be adopted, all needed 

funds will be afforded for the improvement of streets and for all 

school buildings really needed at the present time. I hope that, as a compromise measure, this amendment will be adopted. 

Mr. NEAL. Let me correct the gentleman from Illinois. If the 

House should agree to all that the Committee of the Whole has done on this bill and should leave unchanged this provision for schoolhouses, the appropriationa will be no larger th~n we ma.4e last year, while tho revenues we may reasonably hope w1lllargely rncrease. Mr. TOWNSHEND, of Illinois. I withdraw the formal amendment 

to the amendment. 

The question recurring on the amendment of 1\lr. 'l'o~SHE~, of 

Illinois, it was not agreed to. 

The Clerk read as follows: HEALTH DEPARTl!IDIT. 

For one health officer, $3,000; six sanitary inspectors, at 1,200 each; one food· 

inspector, 1,200; one inspector of marine products, 1,000; for clerks, $7,000; one messenger, $540 ; one pound-master, $1,000; and for contingent expenses, including books, stationery, fuel, rent, laborers under pound-master, repairs to J>Ou:nd, and 

wagon and horse for pound-master, forage, meat for dogs, disinfectants, horseshoeing, and miscellaneous items, $2,500; removal of garbage, ~15,000; in all, e40,440. 

Mr. PAGE. I move to amend, in line 523, by striking out "2,500" 

and inserting "3,800 11 as the appropriation for contingent expenses. 

Thirty-eight hundred dollars is the amount which·waa appropriated 

last year for contingent expenses of -the health department; and I 

am informed that this amount is absolutely necessary for the :proper 

conduct of this office. To reduce this amount about thirteen hundred dollars would .seriously cripple that office. I think it poor 

eeonomy to strike down appropriation for this the most important 

department in the city of Washington. To cut off -$1,300 in the 

health department of this city, not only in my judgment, bnt in the 

judgment of those with whom I have conversed, would seriously ·cripple it. I hope the amount asked for this year, and which is the 

amount appropriated last year for this purpose, all of which was used 

legitimately, and -$28 beside paid ont of the pocket of the health. officer himself-! hope the fnll amount will be granted to this health 

office. 

I know but little personally of this health officer, but what I hear 

of him is much to his credit. I understand he is an energetic and 

able officer, and faithful in the discharge of all his duties. I do not re~ard it as good economy for this Honse or for the members who 

brmg their families to Washington to reside for many months during 

the summer season to have this important branch of the city government crippled in any respect whatever. I believe the full amount 

asked for and the full amount appropriated and expended legiti- mately last year should be appropriated for the next fiscal year. I 

hope the gentleman from Indiana who has this matter in charge will place no obstacle in the way of .giving this officer a sufficient 

amount for the honest and intelligent management of the health 

office over which he :presides. 

Mr. COBB. Mr. Chairman, I think the point of order would rule 

out this amendment if it had been made in time. Last year, when 

this bill was made up, I presume the attention of the Committee o:n Appropriations was not called to the general law on the subject. Now, 

that general law is as follows. I call the attention of the committee 

to it: 

SRC. 8. That in lieu of the board of health now authorized by law, the commissioners of the District of Columbia. shall appoint a physician as health officer, whose 

duty it shall be, under the direction of the said commissioners, to execute and en- force all laws and reJmlations relating to the publio health and vital statistics, and to perform all such iluties aa may be assigned to him by said commissioners ; and 

the board of health now existing shall, from the date of the appointment of said 

health officer, be abolished. 

Sxo. 9. That there may be appointed by the commissioners of the Distlict of 

Columbia, on the recommendation of the health officer, a reasonable number of san· itary inspectors for said District, not exceeding six, to hold such appointment at any one time, of whom two may be ph:ysicians, and one shall be a person skilled 

in the matters of drainage and ventilation; and said commissioners may remove any of the subordinates, and from time to time may prescribe the duties of each; 

and said inspectors shall be respectively required to make, at least once in two weeks, a report to said health officer, in writin£!, of their inspections, which shall 

be preserved on file; and said health-officer shall report in writing annually to said 

commissioners of the District of Columbia, and so much oftener as they shall req~~- 10. That the commissioners may appoint, on· the like recommendation of 

the health officer, a reasonable number of clerks, but no greater number shall be 

appointed, and no more persons shall be em:J?loyed under said health officer, than 

the public interests demand and the appropnation shall justify. SEc. 11. That the salary of the health officer shall be $3,000 per annum; and the. salary of the sanitary inspectors shall not exceed the sum of $1 200 per annum each; and the salary of the clerks and other assistants of the health officer shall not exceed in the aggregate the amount of $7,000~ to be apportioned as the com- missioners of the District of Columbia may deem oest. 

I have given the health officer more than the general law reqnir~s, 

and it is for this committee to determine whether or not he ought to 

have more than the bill provides. The amount appropriated last year 

exceeded the amount required because the attention of the Committee on Appropriations was not called to the general law. Mine 

eertainly was not. This was a new bill; for the first time it was an appropriation bill for the District of Columbia made up and brought 

in separate and apart from any other appropriation bill. The law 

which I have read has governed me in regard to the appropriation for this health department, and the appropriations contained in this 

bill are in· accordance with the statute. 

Mr. STEVENSON. I desire to say one wor·d·hl regard to this subject. I concur fnlly in what has been said .by the gentleman from California in regard ·to this appropriation. The amount :proposed by the 

gentleman from Indiana is not equal to what was appropriated laat 

year for the same purpose. I do not understand the gentleman from 

Indiana. denies that the amount proposed in the amendment of the 

gentleman from California is identically the same amount which was appropriated for the present :fi.Bcal year. The gentleman from Virginia. 

also calls my attention to the fact that it is precisely the amount estimated by the Secretary of the Treasury for the next :fi.Bcal year. Therefore, unless the .gentleman from Indiana can show some reason for 

changing the amount, unless he can show the amount appropriated 

last year was more than was necessary for this health department, 

then I think this committee ought to be reluctant to reduce that 

appropriation for the coming fiscal year. 

I suggest, Mr. Chairman, this is a matter of great importance. It 

has reference to the sanitary condition and health of this. city. I 

understand the efficiency of this office, one of the most important in 

the District-important because it relates to the health of. the people here-will be greatly interfered with if this amendment should 

not :prevaJ.l. . Let me suggest to the gentleman from Indiana that the statute he 

has read is not in conflict with the amendment of the gentleman 

from California, nor is this amount in excess of what is required under that law. MESSAGE FROM THE PRESIDE~T. 

The committee informally rose ; and the Speaker having resumed 

the chair, a message in writing was received fro;m. the President of 

the United States, by Mr. PRUDEX, his.Private Secretary. 

DISTRICT OF COL~IA. APPROPRIATION BILL. 

The committee resumed its session. 

Mr. HUNTON. I move, Mr. Chairman, to strike out the last word .• Whatever I may say on the subject of general economy, I think it is 

:penny-wise and pound-foolish to economize on the subject of health. 

If there is one thing deserving more 3ttention than another, it is the care of the public heruth. We have at the head of the health department in this city a most excellent, accomplished, and efficient officer; 

and I say it is not :prudent, it is not wise to cut down the estimates 

for that department, believed to be important and necessary not only 

by the health officer himself, but by the commissioners of the District and by the Secretary of the Treasury, who, I believe, has indorsed the estimates of the commissioners, which are identical with 

the appropriation for the present fiscal year. 

The Committee on Appropriations have cut down this 3ppropriation in many particulars, which I fear will cripple the efficiency of 

that department. There were. two food-inspectors in the District of 

Columbia, and the committee have cut that-down to one. I am informed by Dr. Townshend that it is impossible for one food-inspector 

to discharge the duties of that office. · Mr. STEVENSON. I would ·like the gentleman from Virginia tostate exactly the service the food-inspector is required to perform under the law. 

Mr. HUNTON. The inspector of food in the cities of Washington. and Georgetown is required to inspect all food sold in those cities. 

When it is remembered that we have thirteen markets, beside the· private markets scattered over every portion of the city, some idea. 

of the extent of the duties may be gathered. The food sold all over both cities has to be inspected by this inspector. It is utterly impossible for one man to perform that duty. It is as much as two men· can perform. 

Then, again, in reference to the inspector of marine products. There- were two originally; now this appropriation proposes to cut it down· to one. The duties of the inspector of marine products are such that one man cannot possibly perform them. 

In regard to the pound-master. He received $1,.200, and the com- mittee have cut it down to $1,000. That pound-master cannot discharge his duties without having a buggy and horse to enable him 

to get around, and it was because of that fact that two years agothe Committee on Appropriations increased his salary from $1,000 to· $1,200. Now the committee proposes to cut it down to $1,000 again. 

The committee also propose to cut down miscellaneous items from 

$3,860, the amount estimated, to $2,500. 

Suppose, Mr. Chairman, an epidemic should break out in this city. 

The efforts of this department would be utterly powerless -for the 

want of a few thousand dollars. Is that to be the case Y Will this 

committee allow the people here to be subjected to the possibility of 

such a calamity f Will they allow this people to be :placed in that 

condition when the health department of the District of Columbia,. the commissioners, and the Secretary of the Treasury all say that ·this amount, $3,860, ought to be appropriated, instead of the amount 

proposed to be here ~ven V I trust, Mr. Chairman, that whatever· of economy the comnnttee may choose to indulge in, that it will not 

be done at the expense of the health of the people of this District. 

I beg leave to have read in this connection a letter from the health 

officer upon this subject. · The CHAIRMAN. The time of the gentleman has expired. 1\lr. PAGE. I desire to occupy the attention of ·the committee for· a moment, and I will :permit the paper which the gentleman refers io· to be read in my time. 
1152 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2, 

Mr. Chairman, the argument of the gentleman from Indiana is 

the very best that could have been made to show why the committee 

should increase this appropriation to the amount asked for and to the 

amount appropriated last year. The only argument he gives is because, he says, that the general law prohibits it. Bot he goes on to 

state that last year, in the face of that general law, an appropriation 

bill was passed which supersedes the general law, and has been so decided, (and the point of order might have been raised against that 

proposition in this bill,) the effect of which was to increase the appropriation for that special department to a larger sum than he claims was authorized under the general law. Still it has not been denied 

that that amount was necessary for the proper execution of the duties 

of that office last year, and that fact is a sufficient argument that the same amount should be appropriated this year. 

The gentleman from Indiana acknowledges that the committee 

exceeded the amount in their appropriations of last year in the face 

of that law, because of the fact that it was an absolute necessity. 

Mr. COBB. Oh, no. Mr. PAGE. It was asked for; it was estimated for in the estimates 

furnished the committee, and was appropriated by the committee. 

There most have been some rea.son why the committee should exceed 

the law, because, as the gentleman himself admits, they did exceed 

it. It is not to be supposed that the committee was ignorant of the 

law. Now, Mr. Chairman, it is a fact that they did exceed the general law, and appropriated some thirty-eight hundred dollars for this 

service. We ask the same amount this year, because it has been 

Shown in the management of this office during the last year that this sum of money is absolutely necessary for this purpose. I hope, sir, 

that the amendment will be agreed to. 

Mr. HARRIS, of Virginia. Mr. Chairman, I desire to occupy the 

attention of the committee but for a moment to read that portion of 

the general law which the gentleman from Indiana has referred to, 

and which I claim has no reference whatever to this appropriation, 

but only limits the pay of the assistants of the health officer. The 

law says: 

And the salary of the clerks and other assistants of the health officer shall not exceed in the aggregate the amount of $7,000, to be apportioned as the commissioners of the District of Columbia may deem best. • 

That is the language of the law. It has no reference whatever to 

the items of miscellaneous expenditures incorporated in this bill, and 

I hope the amendment will be adopted. 

Mr. HUNTON. I ask now to have that paper read which I have 

·sent to the desk. 

The CHAIRMAN. Without objection, the paper will be read. 

The Clerk read as follows : 

The reductions made in the estimates for maintenance of the health department are as follows : 

One food inspector...... . . . . . • . . • . • . . • • • • . . . . • • . . . . . . . . . . . • • . . . • . . • . . . . • • • . $1, 200 

One ins~ector marine products............................................. 1, 000 

~: ~onag;!nre~~~=~~-:::: ::·.::: :::::·. ::::::: ·. :::::: :·:.:::::·.::: :::: 1, ~gg 

TotaL... . . . . • • . . . . . . . . . . . . . . . • . . . . . . . . . . • • . . . . . . . . • . . . . . . . . . • . . . . . . . • 3, 400 

The removal of one food inspector leaves but one to prevent the sale of unwhole- some food in this District. Only two have been allowed heretofore and the only work which could be accomplished was a supervision of the :prominent sources of 

supply. With the District divided into two inspection districts and by constant unremittin~ labors these two officers have succeeded in doing valuable service, as is evidenceo. by the large amount of unsound and unwholesome meats, fruits, and 

vegetables condemned. 

It would be impossible for one man to visit more than one-half of the markets 

alone in the District and inspect food on sale. 

Therefore, to remove one, as proposed, would se seriously cripple the service as ro render it practically valueless. 

The salary of all inspectors should be uniform, I think, as their duties are about 

equal, both in importance and extent. The inspector of marine products should 

receive $1,200, as should the pound-ma~ter. The salary of the latter officer was fixed at that amount last year upon passage of the law extending the area for the 

taking up and impoundin~ of domestic animals. He is a bonded officer and the 

duties are very onerous; the present incumbent has filled the position most acceptably for nearly eight years, and the strict performance of duties pertaining to his 

office bas been the sole means of bringing in a revenue to the District of from ~.ooo to $10,000 per annum. The following statement will show, I think, that the estimate for contingent 

expenses was based upon a careful calculation as to the actual necessities of the 

service. The estimate was for ~,800, to include: 

:Rent of office ............................................................ . 

!;~~~~~~ ~~~ :~~~~~: ~ ~:: ::::::::::::::::::::::::::::::::::::::::::: =~~~ ~-~~~~:::::::::: :::::::::::::::::::::::::::::::::::::::::::::: !!!~;:i~:p:~~~~: ~~~~~~~: :::::::::::::::::::::::::::::::::::: 

$780 00 500 00 750 00 140 00 400 00 100 00 150 00 150 00 117 00 Incidentals-such as ~s, ice, food for dogs, and other animals at pound· 

pay of .labor~rs, disinfectants, d~ugs, and medicines, for use in cases of 

contagious disease, general reparrs, &c................................ 700 00 

Total . . • . . . . . • • • • • • • . • • • • • • • • . . . . • • • • • • . • • . . • . . . . • • • . • • • • • • . • • • • . • • 3, 787 00 

- These amounts correspond to expenditures made last year, and the most rigid 

economy w~ necessary to get us. through. It would be simply impossible for me to pay contingent expenses of this department from the sum oi $2.500. 

SMITH TOWNSHEND, M:. D., 

Health Ojficcr. 

1\!r. HUNTON. I withdraw the p~·o forma amendment. 

Mr. COBB. I renew it. Mr. Chairman, I do this to show to the -committee that we did not arbitrarily strike down this department, 

and in order to establish that fact I wish to call the attention of the 

committee to the language of the Seeretary of the Treasury himself. 

The gentleman from Virginia has stated that the estimates of the 

commissioners were indorsed by the Secretary of the Treasury. In 

that I think the gentleman is mistaken, as I will show. The Secretary says this; he estimates this department $3,860. He says : 

This item is 6,140 less than the amount of the commissioners' estimate. Thereduction is made in order that the estimate for employes under the health offi.ce;r may not exceed the amount which the act of .rune, 1878-

And which I read and to which the gentleman from Virginia has 

referredauthorizes to be expended for that purpose. So long as this act remains in force 

this office cannot recommend the approval of any estimate for the employes under 

the he:-tlth office which contemplates an expenditure in excess of the amount authonzed thereby. 

';fhat is the language of the Secretary himself. Now, in regard to t~ns health office, I want ~o. say that I have given it some examinatiOn as best I could. ProVIsion has been made for three food inspectors; and it is provided in this amendment here that two more shall 

be appointed, as I understand. 

Mr. PAGE. No; my amendment provides that the sum of money 

shall be increased to $3,800. 

Mr. COBB. I will state now that two food or four food inspectors 

cannot accomplish what seems to be contemplated to be done here. 

Now, what can an inspector do! Why, he can inspect meats and 

vegetables. But how much can four inspectors in the summer season accomplish in the way of inspecting food further than what is 

brought in here in bulk 'I An inspector may inspect a mutton now and in three hours it is spoiled and unfit for use. And it is the sam~ with vegetables and marine products. 

Mr. PAGE. My amendment has nothing t-o do with that. 

Mr. COBB. I have looked into this matter and have found that 

the four food inspectors are unnecessary, and therefore we struck 

out three of them. I think, looking over the whole field this de- pa~tment receives under this bill all that is necessary. I know it is ~la1med by the health offic~r tha~ he_ought to have more; but, in .my 

JUdgment, from the best rnvestigatwn I can give to the subject. I 

think it is enough. ' 

I suppose the health officer is a very good officer. I have not a word to say derogatory. to his ~haracter as an ~fficer, or in any other 

way. But I do find thts to be rn accordance w1th the usual practice 

in this District-who are to blame for it I can hardly say-you can not appropriate too much money. However much you appropriate 

the;y do not leave any over. They are always expending and always 

askrng more. It occurs to me what is in the bill will meet all the proper demands 

of the health department. There are six sanitary inspectors. What 

do they do f They go around and visit the alleys and make reports. 

[Here the hammer fell.] 

The p1·o fm•nw, amendment was withdrawn. 

The question was taken on Mr. PAGE's amendment, and it was agreed to. 

Mr. HAZELTON. I offer the amendment which I send to the desk. 

The Clerk read as follows : 

In line 515 strike out the words ''one food-inspector'' and insert "two food-in· 

spect:ors," and after "dollars " insert the word "each;" so that it will read: "Two 

food·mspectors, at 161,200 each." 

. Mr. HAZELTON. We have learned from the letter which has been 

read, and also from the argument as made by the gentleman from 

Virginia and others, the necessity for continuing that number. The 

necessity of the amendment having been clearly pr~ented to the 

Hoose, I will not attempt to discuss it further. 

The question being taken on :Mr. HAZELTON's amendment, there 

were-ayes 26, noes 28. 

Mr. STEVENSON. I call for tellers. 

The CHAIRMAN. Aquornmnot having voted, theChairwillorder 

tellers, and appoints the· gentleman from Illinois, Mr. STEVENSON, 

and the gentleman from Wisconsin, Mr. HAZELTON. 

Mr. HAZELTON. It appears to be the sense of the committee that 

the amendment will not be adopted. I therefore withdraw it. 

Mr. HEILMAN. I offer the amendment which I send to the desk. 

The Clerk read as follows : 

In line 519 strike out "$1,000" and insert " $1,200 ; " so that it will read: "One 

pound-master, $1,200." 

Mr. HEILMAN. I shall only say that this man has to keep a horse 

in order to get around. His salary was $1,200 lMt year, and it should 

be that if anything. Mr. NEAL. I will say to the committee that a. thousand competent men could be got to do this work at the salary provided in the bill. 

The question being taken on Mr. HEILMAN's amendment, there 

were-ayes 27, noes 35. 

Mr. HEILMAN. A quorum has not voted. I call for tellers. 

The CHAIRMAN. The Chair will order tellers, and appoints the 

gentleman from Indiana, Mr. HEILMAN, and the gentleman from Ohio, 

Mr. NEAL. 

The committee again divided; and the tellers reported-ayes 437 

noes 26. · Mr. PHILIPS. No quorum. , Mr. NEAL. Who makes the point of order as to a quorum f 

Mr. PHILIPS. I make the point of order, and insist on it. 
1881. CONGRESSIONAL RECORD-HOUSE. 1153 -

, The CHAIRMAN. The tellers will resume their places. 

The count was resumed; and the tellers reported-ayes10~, noes 41. 

So the amendment was agreed to. 

Mr. NEAL. As the committee thinks the pound-master's services are worth so much, I move an amendment that hereafter the commissioners of this District shall pay $2 for common labor. 

The CHAIRMAN. At what point does the gentleman desire his 

amendment to come in t 

Mr. NEAL. At the end of this section. 

The CHAIRMAN. The gentleman will please reduce his amendment to writing. MF. ALDRICH, of Rhode Island. I make the point of order on it. 

Mr. HUNTON. While the gentleman from Ohio is preparing his 

amendment, will he allow the gentleman in charge of the bill to offer an amendment Y 

Mr. NEAL. Certainly. 

Mr. COBB. Since the bill was prepared there has been a law passed 

creating an inspector of plumbing. I do not know exactly what are the duties of that office; or, rather, I know in what the duties consist, 

but I do not know as to the amount of labor necessary to perform 

them. I take it they will require for their discharge a skillful man. I think an ,appropriation to pay him should be put in this bill, and 

the sum of $1,800 has been suggested to me. I presume that will be 

enough. . · I know that the gentleman from Virginia [Mr. HIDi'TON] will not 

object to an amendment to the bill that adds to the amount of the 

appropriation. I believe the sum I have named is about the fair 

amount, and therefore I move that the bill be amended by inserting 

after the word " dollars," in the first line, the words "one inspector of 

plumbing at $1,800." 

The question being taken on 1\Ir. COBB's amendment, there were- ayes 20, noes 30. 

1\Ir, HUNTON. I call for tellers. 

The CHAIRMAN. The Chair appoints as tellers the gentleman 

from Virgiuia, Mr. Hm.TTON, and the gentleman from Wisconsin, Mr. 

HAzELTON. 

The committee divided; and the tellers reported ayes 5. 

Mr. COBB. Further count is not demanded. 

Mr. HUNTON. Yes; I call for a further count. 

The count was resumed; and the tellers reported ayes 24, noes 39. 

So (further count not being called for) the amendment was not 

agreed to. 

Mr. HEAL. I offer the amendment which I send to the desk, to come in at the end of line 525. 

The Clerk read as follows : 

At the end of line 525 add these words: ' ' Hereafter the commissioners of the District shaJl pay 2 per day for common labor." 

Mr. BROWNE. And I move to amend the amendment by adding that eight hours shall be deemed a day's labor. 

Mr. ALDRICH, of Rhode Island. I make the point of order on the 

amendment that it is not germane. 

Mr. McMILLIN. I make the point of order on the amendment that 

it changes existing law and does not retrench expenditures. 

The CHAIRMAN. The gentleman from Rhode Island has already made the point of order, and the Chair is of the opinion it is well 

taken. 

Mr. FORT. I desire to offer an amendment. I would very much 

prefer to have it come in at some other place in the bill, but I offer ii 

here, and think there will be no objection to it. 

The amendment was read, as follows: 

Insert after the pellding paragraph the following: 

"For the relief of children and other indi~ent persons found begging upen the 

streets, to be expended under the direction of the cemmissioners of the District of 

Columbia, $5,000, or so much thereof as may be necessary." 

Mr. HAZELTON. Is that amendment subject to a point of order t 

1\Ir. FORT. I hope none will be made. 

Mr. HAZELTON. I make the point of order upon it. 

Mr. FORT. I would like to hear what grounds the gentleman has 

for his point of order. 

Mr.KLOTZ. It does not do away with a market-house. [Laughter.] 

Mr. FORT. It is certainly as serious a thing as a market-house. I 

take it that if the gentleman has no reason to urge for his point of 

order, the amendment is in order. 

Mr. COBB. I will state to the gentleman from Illinois [Mr. FORT] 

that the Committee on Appropriations have already provided in this 

bill $15,000 for the poor. 

1\Ir. FORT. That may be, but not for this specific class of the poor. 

There is not a city on this continent where there is so much begging, 

especially by little children, as there is here in this city, and no man can toll whether these little beggars are really needy or not-whether 

they are begging for themselves or for their parents or others who 

send them out to obtain money, with which I am told they pay for 

liquor to get drunk upon. 

If my amendment shall be adoptedJ the commissioners of the District can send some person home with these little children to find out 

where they live, how they live, and whether they need relief or not. 

If they need relief, it can be given them; and if they do not, it is not 

likely they will be found again upon the streets begging; I think no one will object to this amendment. 

XI-73 

1\Ir. McMILLIN. I think the point of order is well taken because, 

under existing law, the money in the Treasury is to remain there un- less we change existing law so as to get it out. It will not do to say 

that this amendment does not change existin~ law, because there is as yet no statute providing for giving aid to tnis class of individuals. 

The very fact that there is no law to give them money, the failure 

of the statute to provide for any such thing, in view of the fact that 

the money cannot be taken out of the Treasury for this purpose without further legislation I think is conclusive evidence that this amend- . ment would change existing law, and is therefore not in order. 

1\Ir. HAZELTON. Perhaps it is due to myself to say a word or two 

upon this proposition. I assure the gentleman from Illinois [1\Ir. 

FORT] and the gentlemen of this committee that I have no objection 

to the exercise of the broadest charity by this Government, provided 

it is properly guarded by some law which has been carefully arranged 

and determined and comes within the powers of the Government. 

Take this case. We are asked to appropriate $5,000 without making 

any direction as to how it shall be expended, without making any 

provision for the details of the expenditure. As the amendment now stands, to my mind it will simply invite into the streets a large num- ber of pretended poor, instead of affording aid to those who might be 

actually in need of charity. If the gentleman from Illinois will bring 

forward a bill by which there can be established some institution into 

which these poor children may be taken and there cared for and educated, some bill providing means which may be given to the poor of 

this city with good results, by which it can be expended properly, then 

I will vote with him. I want it understood that I will go as far as anybody to establ.jsh such institutions as are proper to be established in 

this District for the benefit of the needy poor. 

The CHAIRMAN. The Chair is of opinion that the proposed amendment is new legislation, and therefore not in order. 

The Clerk read the following: 

D.-rEREST A.XD SI~iKING·F~"D. 

For interest and sinking fund on the funded debt, exclusi>e of water bonds, $1,213,947.97. 

Mr. ~~AL. I offer as a proviso to the paragraph just read that 

which I send to the Clerk's desk. 

The Clerk read as follows : 

PrO'IJided, That the Treasurer of the United States, as ez o.fficio sinking-fund com- missioner, is hereby authorized, whenever in his opinion it will be more advantageous for the interest of the District of Columbia to do so, to sell the bonds 

authorized to be issued under the provisions of the s.ixth section of the act of the 

Congress of the United States, entitled "An act to provide for the settlement of all 

outstanding claims against theDistrictofColumbia, and conferring jurisdiction on the Court of Claims to hear the same, and for other purposes," approved June 16, 

1880, for the satisfaction of the judgments which may be rendered by said Court of 

Claims under the provisions of said act, and pay the said judgments from the pro- ceeds of said sales. instead of delivering to saidjudgmentclafin.ants the said bonds as provided for in said act. 

Mr. McMILLIN. I desire to make a point of order upon that amendment with the view of getting at the facts of the case. Mr. NEAL. I will state the facts, and then I think the gentleman will have no objection to the amendment. 

Mr. McMILLIN. I will reserve all points of order until I can hear 

the statement of the gentleman. · Mr. NEAL. The Treasurer of the United States, who is ex officio 

sinking-fund commissioner, in a report in regard to the condition of 

the sinking fund and of the fanded debt of this District, lately presented to Congress, recommends that section 6 of the aet of June 16, 

1880, be modified so as to enable the Treasurer of the. United States 

to satisfy the judgments of the Court of Claims either by delivering 

the 3.65 bonds or paying the money to be realized from the sales of 

such bonds, as may be most advantageous to the public interest. 

The facts are that when the law of 1880 was passed the bonds were worth not more than par, while now they are at n. premium of 2 and 

3 per cent. If this amendment is agreed to, giving the Treasurer of 

the United States the discretionary power to sell the bonds and to 

pay the judgments of the Court of Claims in money, the premium 

upon the bonds will accrue to the benefit of the District of Columbia. 

This amendment, therefore, is in the interest of economy and not 

subject to a point of order. It seems to me that no one should object 

to it. 

Mr. McMILLIN. One question Y 

Mr. NEAL. Certainly. 

Mr. McMILLIN. I understand that this amendment does not au- thorize the increase of the bonded debt of the District. 

Mr. NEAL. Not at all; it only authorizes the Treasurer of the 

United States to sell bonds already authorized to be issued. 

1\lr. McMILLIN. From the statement made by the gentleman, I 

believe that whether the provision be subject to a point of order or not it ought to be incorporated into the bill. 

Mr. HUNTON. I am glad my friend from Tennessee [Mr. McMILLIN] withdraws the point of order. The amendment of the gen- tleman from Ohio is, in my opinion, eminently proper. Its object is 

to save the Government the premium on the 3.65 bonds. It al!thoriz.es the Treasurer of the United States, who is ex ojJi.cio sinking-fund 

commissioner, to sell these 3.65 bonds at such premium as they may 

command in the market, and with the proceeds pay judgments on these claims. 

The amendment was agreed to. 

Mr. NEAL. I move to amend by adding the further proviso which 
. \ 1154 CONGRESSIONAL RECORD-ROUSE. FEBRUARY. 2, 

I 

I send to the desk. I ask the attention of the Committee of the propose that we shall keep thlS money indefinitely, and continue to 

Whole to this .pro~osition, for it is j~st as impo~nt .as the one just pay 6 per ce~t. interest. Bat is ~t not bette~ to pay off this debt inadopted. I will giVe my reasons for It as soon as It has been read. stead of paymg 2,400 a. year as mterest from the school fund for the 

The Clerk read aa follows: commissioners always charge this interest to tbe school fund.' I submit that we otight t6 pay our debts when we can . .Ana provided further, That the said Treasurer as ex ojfi~io sinking-fund commissioner, as aforesaid, is hereby authorized and empowered to pnrcllase any of the 

funded indebtedness of the said District of Columbia for the sinking fund authorized to be created for the redemption and payment of the indebtednes3 of said District 

of Columbia as in his opimon may be for the best interest of said District of Co· 

lnmbia. 

Mr. TOWNSHEND, of Illinois. Is not that embraced in the amendment just adopted 'l 

Mr. NEAL. No, sir. 

Mr. COB:6. I desire to reserve a point of order on this amendment. 

Mr. NEAL. The Treasurer of the United States, in the report to 

which I have already referred, makes the following recommendation: 

That authority of law be g:!ven for the investment of the permanent annual appropriation for a sinking fund on the 3.65 loan in any of the bonds of the District 

of Columbia. 

The law requires the Treasurer to purchase these bonds at par. 

They are now above par, and consequently, as the law now stands, 

he cannot purchase any of the bonds of the District for the purposes 

of the sinking fund. There are other bonds of the District besides 

these 3.65 bonds; and we propose to give the Treasurer a discretionary power so that the persons holding these 3.65 bonds cannot com:. pel him to purchase them at a premium, or else to allow the sinking 

fund to go unprovided for. . Mr. McMILLIN. Under the existing law with what funds are the 

bonds to be paid for! · Mr. NEAL. The act requires that the :sinking fund shall be invested in 3.65 bonds. 

:Mr. McMILLIN. From what source are the fonds derived 7 

Mr. NEAL. From the general annual appropriation made for the 

purposes of a sinking fund. Such an appropriation is made in this 

bill, and has been made in every similar bill since the pa-Ssage of the 

act. There ought not to be any objection to this amendment. It 

simply gives to the Treasurer of the United States a discretionary 

power so that whenever a corner is made upon him by the holders of 

the 3.65 bonds he may be enabled in his discretion to invest in other 

securities for tbe sinking fund of the District. 

Mr. COBB. Though I re~~t very much to have general legislation 

put on this bill, I presume that this provision is right. I would like 

to hear it reported again. The amendment of Mr. NEAL was again read. 

Mr. COBB. I do not press any point of order against the amendment; but I suggest to the gentleman from Ohio that he insert the 

word "hereafter" after the word "that" and before "authority of 

law," &c.· so as to make the provision a general law. 

Mr. NEll. I have no objection to that. I modify the amendment so as to read "and provided further, that hereafter," &c. 

The amendment of Mr. NEAL was agreed to. 

The Clerk read as follows : 

For payment of the Linthicum loan, $40,000. 

Mr. HUNTON. I move to amend by striking out the paragraph just read. This sum of 40,000 was loaned by the Linthicum Institute of Georgetown to the District government for school purposes, 

I believe. The object of this paragraph is to pay back that sum. The managers of the Linthicum Institute earnestly request that this 

money be not paid back at present ; and they make that request for 

the reason that under the will endowing the Linthicum Institute 

there will be some difficulty in loaning out this money in the District of Columbia if it be paid back now. The parties receiving the 

money will have to go into court to get authority for loaning it to 

private individuals. The government of the District of Columbia is now paying on other debts a higher interest than that which this loan 

bears. Hence it is sn~gested that the money be not refunded now. The Linthicum Institute is an educational institution of Georgetown, endowed by Mr. Linthicum for the purpose of conducting a night school. That school educates a great many poor children, and 

educates them in th~ ve_ry highest branche~ of learning. Some of 

the teachers of that mstitute are professors m the Columbia College. There is no reason why the government should pay back this fnnd 

at the present time, especially when the institute requests that it 

shall not now be paid, and when also the District government is now paying a larger rate of interest on other indebtedness. 

Mr. COBB. The will of Mr. Linthicum, under which this money was devised, requires that the fund shall be loaned on real estate 

security i!l Georgetown. Now1 this is not such a loan; the District 

has not given real estate secnnty, and the terms of the devise are not 

being followed. 

. This loan1 on which for a":hile 8 per cent. was paid, is now bearing 

(j per cent. mterest. I take It that the loan should be repaid for the xeason that this interest is a; tax upon the general stJhool fund of the 

])istrict. The money is now loaned in a manner which was not intended by the devisor; and the same objection now made to the re- pa.yment of the loan must exist for all time to come. This objection anses from the fear that the money cannot be reloaned in strict 

accordance with the devise; in other words, that it cannot be loaned on real estate security in Georgetown. For this reason the parties 

• 

The question reclitred on Mr'. HUN'i'ON1S ameiulmerl.t. 

The committee divided; and there were-ayes f4, noes 33. 

So the amendment was rejected. 

'fhe Clerk read as follows : That the sum of $2,500 be, and the same is hereby, appropriated, ont of tlie con- tingent fund of the District of Columbia, for the purpose of the esta.blishmentt and 

for the current e~nses for one year, of an emergency hospital in connection with 

the Central Free Dispensary of the District of Columbia; to be expended on the 

order of the commissioners of the District of Columbia. 

The CHAIRMAN. The Committee on Appropriations recommend an amendment to strike out that paragraph. 

The motion wa-s agreed to. 

Mr. COBB moved that the ~ommittee rise and report the bill and 

amendments to the House. 

The motion wa-B agreed to. . The comlhittee accordingly rose; aiid the Speaker having resumed 

the chair, Mr. CONVERSE reported that' the Committee of the Whole 

Honse on the state of the Uliion had, a.Ccording to order, had under 

consideration the bill (H. R.No. 7035) makiiig appropriations to provide for the expenses of the government of the District of Columbia 

for the fiscal year ending .Tune 30, 1882, and for o~her purposes, and 

had directed him to report the same oack to tbe House with sundry 

amendments. 

Mr. COBB. By nnanimousconserit,I askleavetomove an amendment which I ihink should be adopted. Information was received 

in regard to it since the bill was reported to the House. It is in ref- erence to paying commissionerS of the Court of Claims as provided 

for by law. They are authorized under the law, as gentlemen will 

remember, to appoint referees to take evidence in refer.ance to engineering, &c., and to report to the cotirt. The law fixes their pay at 

not exceeding $10 per day. There is no money appropriated for that 

purpose, and I have received a letter from the court asking an appropriation of $2,000 be made for that purpose. I presume it is right. If any gentleman objects to it, of course it Will have to go over. The SPEAKER. The Chair hears no objection. The gentleman 

will send his amendment to the Clerk's desk. 

The Clerk read as follows : 

Page17, after line 400,insert "for payment, on order of the Court of Claime,d 

referees appointed by the said court under act approved June 16, 1880, ~.000." 

The amendment was agreed to. 

Mr. COBB demanded the previous question on the bill and amendments. 

The previous question was seconded and the main question ordered. 

The question first recurred o~ the following amendment: 

Line 26, strike ont " $150,000 " and insert "$300,000," and in the same line strike oot " and fifty ; " and in line 27 strike ont " three " and insert "four " and after 

" and" insert "fifty; " so it will read: ' 

'' For repairs to concrete pavements, 50,000 ; for completion of New York avenue intercepi!ing sewer, ~7,000; for repairs to macadam roadways, $5,000; for materials 

for perrrut work, $20,000; for continna.tion of surveys of the District of Columbia 

with reference to the extension of "\"arious avenues to the District line, $5 000 · for 

Boundary street au.xiliary sewer, e;>o,ooo ; for lateral sewers, $15,000; for dredgmg James Creek Canal, $5,000; for work on sundry avenues and streets, and replace- ment of pavements on streets named in Appendixes A and B annexed to the esti· mates of the commissioners of the District for 1882, (being schedules of streets re- quiring immediate attention,) $300,000; in all, $457,000." 

Mr. COBB demanded the yeas and nays. The yeas and nays were ordered. 

The question was taken; and it was decided in the affirmativeyeas132, nays107, not voting 53; as follows: 

Aldrich, N. W. 

Aldrich, William 

Bailey, 

Ball on, Bayne, 

Be3le, 

Bicknell, 

Bisbee, 

Blake, 

Bliss, 

Boyd, 

Brewer, 

Brigham, 

BuCkner, 

Butterworth, 

Camp, 

Carpenter, 

Caswell. 

Chittenden, 

Cla1lin. 

Conger, 

Cowgill, 

Crapo, 

Crowley, Daggett, 

Davidson, 

Davis, George R. 

Davis, Horace 

Deering, 

DeLa.Matyr, 

Dick, 

Dunn, 

Dunnell, 

YEAS-132. 

Dwight, 

Einstein, 

Errett, 

Ferdon, 

Fisher. 

Forsythe, 

Frye, 

Gillette, 

Goode, 

Hammond, John 

Hanner, 

Harris, Benj. W. 

Harris, John T. 

Haskell, 

Hawk, 

Hawley, 

Hayes, 

Henderson, 

Henkle, 

Hooker, 

Horr, 

Honk, 

Hubbell, 

Hunton, 

Jorgensen, 

~~:y, K etcham, Kitchin 

Klotz, ' 

Lindsey, 

Loring, 

Lounsbery, 

Manning, 

Marsh, 

Martin, Edward L. 

Mason 

McCook, 

McGowan, 

McKinley, 

McLane, 

Miles, 

MJ.ller, 

Mitchell, 

Monroe, 

Morse, 

Morton, 

Murch, 

Neal, 

Newberry, 

Norcross, 

O'Connor, g:I:Hl· 

Orlh, y, 

Osmer, 

Overton, 

Pacheco, 

Page, 

Pound, 

Prescott, 

Price, 

Ray, 

Reed, 

Richardson, D. P. 

:R.obeson, 

Robi:b.son, 

Russell, DanielL. 

Russell, W. A. 

Ryan, Thomas 

ShaJlenberger, 

Sherwin, 

Singleton, J. W. 

Slemons, 

Smith, A. Herr 

Speer, · Starin 

Stone,' 

Taylor, Ezra. B. 

Thompson, W. G. 

Townsend, Amos 

Townshend, R. W. 

Tucker, 

Tyler, 

Updegraff; Thomaa 

Urner, 

VanAernam, 

Van Voorhis, 

Voorlli, 

Wait, 

Ward, 

Washburn, 

Weaver, 

;illf:sms, C. G. 

Wise ' 

Wood, Walter A. 

Yacnm, 

Young, Thomas L .. 
' ... 

1881. CONGRESSIONAL RECORD- HOUSE. ·1155 

Aiken, · Atherton, 

Atkins, 

Bachman, 

:Beltzhoover, 

Berry, 

Bland, Blount, 

Bouck., 

:Bragg, 

Briggs, 

:Bright, 

Browne, 

Cabell, 

Caldwell, 

Carlisle, 

Chalmers, 

Clark, John B. 

Clements, 

Cobb, 

Co:lfroth, 

Colerick, 

Converse, 

Cook, 

Covert, 

Cox, 

Cravens, 

NAYS-107. 

Culberson, 

Davis, Joseph J. 

Deuster, 

Dibrell, 

Dickey, 

Evins, 

Felton, 

Finley, 

Forney, 

Fort, 

Frost, 

g~g~~ Gunter, 

Hall, 

Hammond, N.J. 

Hatch, 

Herbert, 

Rill, 

Hostetler, 

Honse, 

Hurd, 

Johnston, 

Jones, 

Kenna, 

Killinger, 

King, 

Ladd, 

LeFevre, 

Lowe, 

Martin, Benj. F. 

McKenzie, 

Mclfahon, 

MD Millin, 

Mills, Mone_y, l!ornson, 

:Muldrow, 

l!nller, 

:Myers, 

Xew, 

Nicholls, 

~~~ Poehle~, 

Reagan, 

P..ichardson, J. S. 

Richmond, 

Robertson, 

Ross, 

Ryon, John W. 

&imford, 

Sawyer, 

Scoville, 

NOT VOTING-53. 

Acklen, Clark, Alvah A. Humphrey, Anderson, Clymer, Hutchins, 

Armfield, Davis, Lowndes H. James, 

Baker, Elam, Keifer, 

Barber, Ellis, Kimmel, 

Barlow, Ewing, Knott, 

Belford, Field, Lapham, Binp;ham, Ford, McCoid, 

Blackburn, Gibson, O'Brien, 

Bowman, Hazelton, Persons, 

Burrows, Heilman, Phelps, Calkins, Henry, Rice, 

Cannon, Herndon, Rothwell, 

Clardy, Hiscock, Sapp, 

Shelley, 

Simonton, 

Singleton, 0. R. 

Smith, William E. 

Sparks, 

Springer, 

Steele, 

Ste.-enson, 

Talbott, 

Thomas, 

Thompson, P. B. Tillman, 

Turner, Oscar 

Turner, Thomas 

Vance, 

Waddill, 

Warner, 

Wellborn, 

Wells, 

White, 

Whiteaker, 

Williams, Thomas 

Willis, 

Wilson, 

Wright., 

Young, Casey. 

Scales, . Smith, Hezekiah B. 

Stephens, 

Taylor, Robert L. 

Updegraff, J. T. 

Upson, Va.Ientine, 

Whitth.orne, 

Wilber, 

Wood, Fernando 'Yeates. 

So the amendment was agreed to. 

During the roll-call, 

Mr. CLARDY said: Not being here when my name was called, I now ask leave to vote. 

Objection was matle. 

On motion of Mr. HARRIS, of Virginia, by unanimous consent the 

reading of the names was dispensed with. 

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

Mr. HARMER with Mr. ELLis, for this day, on political questions; but either may vote to make a quorum. · ~!r. LAPILUr with Mr. KNoTr, for tlie remainder of the day, on all 

political questions. 

Mr. HEID."DON with .1\Ir. SAPP. 

:\Ir. ROBESON with Mr. EWING, on all political questions. 

Mr. SCOVILLE with .1\Ir. CROWLEY. 

lli. SmTH, of Georgia, with .l\lr. WILBER, on political questions. :\Ir. HUT~S with Mr. KETCHAM. 

Mr. BINGHAM with .1\!r. SMITH of New Jersey, on this vote. 

lli. ROBESON. I am paired with Mr. EWING on all political questions, but not regarding this as such, I have voted. 

Mr. CROWLEY. The gentleman from Buffalo with whom I have 

been paired is present, and I have voted. . The vote was then announced as abGve recorded. 

The remaining amendments of the Committee of the Whole Honse on the state of the Union were then agreed to. 

The bill, as amended, was ordered to be engrossed and read a third 

time ; and being engrossed, it was accordingly read the third time. 

The SPEAKER. The question recurs upon the passage of the bill 

upon which under the rnles the yeas and nays will be taken. 

The question was taken; and it was decided in the affirmativeyeas 209, nays 25, not voting 58; as follows: 

Acklen, 

Aike»t_ 

Aldrich, N. W. Aldrich, William 

Anderson, 

Ahldns, 

:Bachman, 

Bailey, 

Baker, Ballou, 

Bayne, :Seale, Beltzhoover, 

Derry, Bicknell, 

Bingham, 

Bisbee, Blackburn, 

Blake, 

:Bland, 

Bliss, Blount, 

:Bowman, 

Boyd, 

Brewer, 

Briggs, 

Brig.llam., 

• ·fl 

Bright, 

Buckner, 

Cabell, 

Caldwell, 

Camp, 

Cannon, 

Carpenter, 

Chittenden, 

Claflin 

Clardy: 

Clark; John B. 

Clymer, 

Cobb, Co:lfroth, 

Colerick, 

Conger, 

Converse, 

Cook, " 

Co.-ert, 

Cowgill, 

Cox, 

Crapo, 

Cravens, Crowley, 

Dag~ett, 

DaVIdson, 

Davis, Horace, 

YEAS-209. 

Davis, Joseph J. 

DeLaMatyr, 

Deering, 

Deuster, 

Dick, 

Dickey, 

Dunn, 

Dunnell, 

~gh~ 

Emstem, 

ErreU., 

Evins, 

Ferdon, 

Field, 

Finley, Fisher, 

Forney, 

Forsythe, 

Fort, 

Frost, Frye, Geddes, Goode, Hall, 

Hammond, John 

Hammond, N.J. 

Harmer, 

Haskell, 

Hawk, 

Hawley, 

Hayes, 

HaZelton, 

Henderson, 

Henkle, 

Herndon, 

Hill, 

Hooker, 

Horr, 

Hostetler, 

Honk, 

Honse, 

Hubbell, 

Humphrey, 

Hunton, Hurd, 

Johnston, 

Jones, 

Jorgensen, 

Joyce, 

Kelley, 

Kenna, 

Ketcham, 

Killinger, 

Kimiriel, 

~itin Ladd, ' 

Lapham, 

Le Favre, 

Lindsey, 

Lorin.,., 

LounSliery, 

Manning, 

Marsh, 

Martin, Edward L. 

McCook, 

McGow~ 

McKenzie, 

McKinley, 

McLane, 

McMahon, 

:Miles, 

Miller, 

Mitchell, 

Monroe, 

Morton, 

Muldrow, 

Muller, 

Murch, 

Myers, 

Atherton, 

Bouck, 

Bragg, 

Browne, 

Clements, 

Culberson, 

Davis, George R. 

:Neal, Ryon, John W. 

New Sawyer, NewbtnTy, ScalE!s, 

:Nicholls, Scoville, 

:Norcross, Shelle:y, O'Connor, Sherwm, 

O'Neill. Singleton, 0. R. 

O'Reilly, Slemons, 

Overton, Smith, A. Herr 

Pacheco, Smith, William E. 

Page, Sparks, Phelps, Speer, Phiater, Springer, Poehler, Starin, 

Pound, Stevenson, 

Prescott, Stone,· Price, Talbott, 

Ray, Taylor, Ezra B. 

Reed, Thomas, Rice, Thompson, P. B. 

lQ.chardson. D.P. Tillman, 

Richardson, J. S. Townsend, Amos 

Richmond, Townshend, R. W. 

Robinson, Tucker, 

Ross, Turner, Thomas 

Ryan, Thomas- Updegraff, Thomas 

NAYS-25. 

Dibrell, 

Gunter, 

Harris, John T . Hatch, 

Herbert, 

Klotz, 

Lowe, 

=ii~enj.F. 

Philips, ' 

Reagan. 

Samford, 

Simonton, 

Steele, 

NOT VOTING-58. 

Armfield, Felton, Mills 

Barber, Ford, :Mon~y. Barlow, Gibson, Morrison, 

Belford, Gillette, Morse, 

Burrows, Godshalk, O'Brien, 

ButterworlJi, Ranis, Benj. W. Orth, 

Calkins, Heilman, Osmer, 

Carlisle, Henry, Persons, 

Caswell, Hiscock, Robertson, 

Chalmers, Hutchins, Robeson, 

Clark, Alvah A. James, Rothwell, 

Davis, Lowndes H. Keifer, Russell, DanielL . Elam, Knott, Russell, W. ~ . Ellis, Mason, Sa.pp, _ o' 

Ewing, MeCoid, Shallenberger, 

Urner, 

Valentine, 

VanAernam, 

Vance, 

Van Voorhis, 

Voorhis, 

Waddill, 

Wait, 

Ward, 

Washburn, 

Weaver, 

Wells, 

White, 

Whiteaker, 

Williams, C. G. 

Williams, Thomas 

Willis, 

Wilson, 

Wise, 

Wood Walter A. 

Yocum, 

Young, Casey 

Young, ThomasL. 

Turn'er, Oscar 

Updegraff, J. T. 

Welloorn, 

Wright. 

Sin~leton, J. W. 

Smith, Hezekiah B. 

Stephens. 

Taylor, Robert L. 

Tkompson, W. G. 

Tyler, 

Upson, 

Warner, 

Whitthorne, 

Wilber, 

Willits, 

Wood,Fernando 

Yeates. 

So the bill was passed. 

On motion of .1\!r. McKENZIE, by unanimous consent the readirig 

of the names was dispensed with. . The result of the vote was then anncmnced as above recorded. 

Mr. COBB moved to reconsidertlievote by which the bill was passed; 

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

The latter motion was agreed to. 

LEGISLATIVE APPROPRIATION BILL. 

Mr. ATKINS, from the Committee on Appropriations, reported a bill 

(H. R. No. 7101) to provide for the legislative, executive, and judicial 

expenses of the Government for the fiscal year ending June 30, 1882, 

and for other purposes; which was read a :first and second time, re- committed to the Committee on Appropriations, and, with the accom- panying report, ordered to be printed. 

Mr. BAKER. I reserve all points of order on the bill. 

ORDER OF BUSINESS. 

.1\Ir. REAGAN. I ask the regular order. 

Mr. SPARKS. I would like to know what the -regular order is f 

The SPEAKER'. The regular order under the rule is the unfinished 

business. 

Mr. COX. I rise to a parliamentary question. 

The SPEAKER. The gentleman will state it. 

.1\!r. COX. I propose to report back from the Committee on the 

Census the apportionment bill, recommitted to that committee, which 

is a question of the highest privilege under tke Constitution. 

The SPEAKER. The Honse can determine, on the question of con- sideration, what class of business shall have priority. The Chair"' is 

advised that there are three gentlemen endeavoring to get the :floor for 

different objects. The :first business in order under the rule is' the un- finished business. The Chair recognizes the gentleman from Texas to 

proceed with the nnflnished business, which bears the character of a special order as well, and known as the interstate-commerce bill. 

The gentlemanfrom New York seeks the :floor to report back from the 

Committee on the Census a bill touching the apportionment of representation, and the gentleman from Illinois has some purpose in view 

in connection with the floor. Mr. SPARKS. I want to get up the bill for the relief of General 

Porter, as it precedes the bill of the gentleman from Texas. 

The SPEAKER. The Chair will state to the gentleman from Illinois that it does not now precede it, becan.Be the bill which the gentleman from Texas· alludes to liaa the characteristic of being unfinished business, and in that-way takes precedence of the bill referred 

to by the gentleman from Illinois: If the gentleman from lllinois moves to go to business upon the Honse Calendar, it would bring the 

gentleman from Texas on the floor first on .the unfinished business, 

and thereafter reach other bills on the Honse Calendar, one of which 

is the Porter bill. 

.1\!r. REAGAN. I desire to say, Mr. Speaker-

·. 
'· 

1156 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 2, 

.Mr. COX. If there is to be any debate I want to have an opportunity of taking part in it. . The SPEAKER. The Chair will give each gentleman an opportunity as far as the House will permit. 

Mr. REAGAN. All I desire to say is, that I wish to ask the Honse 

to permit general debate upon this bill for two days, and if it will 

agree to do that I will call the previous question on the amendment 

to the original bill and let the House determine which it will take 

up under the five-minute rule and dispose of. 

This, Mr. Speaker, is a question which involves the interests of the 

people of this entire Union. Action upon it is called for by many 

Legislatures, by many chambers of commerce and boards of trade 

throughout the whole country. 

Mr. O'NEILL. Mr. Speaker, if the gentleman from Texas is to 

make a speech upon this question I would like to have an opportunity 

of replying to him. · The SPEAKER. It is a question for the House to determine whether 

it will consider it or not. 

Mr. O'NEILL. The gentleman is going into the merits of the question. 

Mr. REAGAN. I hope I will be indulged for a moment without 

interruption. 

Mr. O'NEILL. Other gentlemen have rights upon this floor as well as the gentleman from Texas. · The SPEAKER. The Chair will see that the gentleman's rights are protected. Mr. REAGAN. I desire one moment here to call the attention of 

the House to this measure. I wish to say, Mr. Speaker, that in my 

judgment this House has before it no more important question; nor do I believe that one of greater magnitude to the vital interests of 

the country can come before this Congress. I desire to have the House 

give it at least brief consideration. That much I think is due to the 

American people and to their interests. I desire that it shall notlonger be superseded by private bills and by petty measures of all kinds that 

would not occupy the attention of a country court. This session has 

already gone so far and no. measure of this kind has been permitted 

to be acted upon. As I have said, there is no measure before this 

Congress that ought to demand so much attention as this, while other measures of less importance have been permitted to occupy the attention of the House. I say again, sir, that the interests of the American 

people demand that some consideration should be given to this matter. The interests of every class of the American people in every portion of the country are directly involved in this question and call for 

at lea-st a little consideration and a little attention at our hands. I 

ask the House, therefore, to consider it for two days, allow general 

debate to run for that time, and if it shall be agreeable to the House 

I would like to get meetings of the House for debate only in the even- ings during those two days, so that gentlemen who desire it may have an opportunity of speaking upon this question. We can act upon the measure and test the sense of the House whether it is desirable to secure the passage of the bill or not. 

Mr. COX. Mr. Speaker, I desire to say that I come before the House 

and ask for the fulfillment of a high constitutional duty, one that 

must be performed every ten years, and unless it be done at this ses- sion, while members of the State Legislatures are waiting our action, 

thirty-two of the States having only biennial sessions of their Legislatures, it will require extra sessions of their Legislatures, and involve an expense upon the people of those States aggregating six or eight millions of dollars. I know the importance of the bill to which 

the gentleman from Texas refers. It has had consideration and attention time and again. But if it should pass this House there is 

not much probability of its passing the other. But we must pass 

this apportionment bill, otherwise an extra session of Congress may be necessary, at great expense, or thirty-two extra sessions of the 

Legislatures of our States must be held in order to avert the trouble we had in 1850, 1860, and 1870, by reason of the dilatory action of Congress upon this important subject. I therefore ask the House, not in the interest of any one class, but 

of the whole represented people of the country, that this bill be taken 

up, considered, and disposed of. I raise the question of consideration on the bill called up by the gentleman from Texas. 

Mr. REAGAN. I desire to say just one word. I feel as the gentle- man from New York does, a willingness and a desire to see the apportionment bill pass. But gentlemen will remember that after each census was taken in the years to which the gentleman from New York 

refers, 1850, 1860, and 1870, no apportionment bill was passed .till the 

subsequent Congress, and the States whose Legislatures did not meet 

subsequently to that had to elect their extra number of members by 

general ticket. 

Mr. COX. At great expense. 

Mr. REAGAN. If this be a constitutional question, the Constitution has been violated every census. :Mr. COX. I will ask my friend from Texas this question, whether 

after the paasage of the last apportionment bill the Legislature of 

the State of Texas had not adjourned sine die and could not be got together again to make the redistricting 'f 

Mr. REAGAN. In cases where a Legislature cannot come together 

to make a. redistricting in time for the election of the next Congress 

the members can be elected on a general ticket, as has always been 

done heretofore. 

We have yet a month of this session and a little more. I ask for 

but two days of general debate. Three days will enable us, in all 

probability, to dispose of this great question. And then there will 

be ample time to pass the apportionment law and ample time to pass 

the appropriation bills. There is time enough to do all that ; but I 

do not wish the apportionment mea.snre to come in and displace one commanding such general attention and so much interest as the meas- ure I now call np. I ask the House to proceed with the regular order. 

Mr. SPRINGER. I rise to a question of order. 

The SPEAKER. The gentleman will state it. 

Mr. SPRINGER. I make the point of order that questions relating 

to priority of business are not debatable. 

The SPEAKER. The Chair sustains the point of order. 

Mr. HARRIS, of Virginia. I desire to give notice that I antaaonize both the gentleman from New York LMr. Cox] and the gentle- man from Texas, [Mr. REAGAN;] and that if their propositions are not carried I shall move that the Honse go into Committee of the 

Whole House on the state of the Union to consider the bill (H. R. No. 

2272) directing the Secretary of the Treasury to examine and settle 

the accounts of certain States and the city of Baltimore growing out 

of moneys expended by said States and the city of Baltimore for military purposes during the war of 1812. That bill has been reported by 

the Committee on the Judiciary and is now in the Committee of the 

Whole House on the state of the Union. 

Mr. HOOKER. And I give notice that if we go into Committee of 

the Whole Honse on the state of the Union I shall ask the committee to consider the first bill on the Calendar, the bill for the ascer- tainment of the amount due the Choctaw nation. I will antagonize 

the gentleman from Virginia by insisting that we proceed with that 

bill. 

Mr. HARRIS, of Virginia. The claims to which the bill I have re- ported has reference, were existing before the railroads were made. 

[Laughter.] 

Mr. O'NEILL rose. The SPEAKER. The point of order has been ma-de by the gentle- man from Illinois [Mr. SPRINGER} that priority of business is not 

debatable. Does ~he gentleman from Illinois insist on his point of 

order¥ 

Mr. SPRINGER. I do. 

Mr. O'NEILL. I want to say to this House that, although in the 

estimation of the gentleman from Texas his bill is the most important bill before Congress, I, for one, do not want to delay all public 

business for the sake of a bill containing sentiment only and nothing practical. 

The SPEAKER. The gentleman from Texas [Mr. REAGAN] calls 

up the unfinished business, which is the interstate-commerce bill, 

and the gentleman from New York [Mr. Cox] raises the question of 

consideration. 

1\Ir. COX. I also raise the question of privilege under the Constitution. 

The SPEAKER. If the House is against the consideration o.i the 

interstate-commerce bill it will determine in the negative and then the 

apportionment bill will next have its turn. The majority will determine between the two. There is no occasion to raise now the issue of 

privilege. 

The question being taken, there were-ayes 84, n9es 108. 

Mr. REAGAN. I call for the yeas and nays. I desire the record to 

show who are in favor of disposing of this question. 

The yeas and nays were ordered. 

The question was taken ; and there were-yeas 98, nays 150, not 

voting 44 ; as follows : 

Acklen, 

.Anderson, 

Atherton, 

Atkins 

Bayne,' 

Beltzhoover, 

Berry, 

Bisbee, 

Blackburn, 

Blount, 

Bouck, 

Boyd, 

Bragg, 

Brewer, 

Briggs, 

Brigham, 

Bri ht, 

ca1awell, 

Clardy, 

Clements, 

Clymer, 

Covert, 

Culberson, 

Daggett, 

Davidson, 

Aiken 

Aldrich, N. W. 

Aldrich, William 

Baehman, 

Bailey, 

Baker, 

Ballou, 

BeaJ.e, 

YEAS-98. 

Davia, George R. Marsh, Shallenber!!er, 

Davia, Horace Martin, Benj. F. Singleton, J. W • Davis, Joseph J. Martin, Edward L. Singlet()n, 0. R. 

De La Matyr, McKenzie, Sparks, 

Dibrell, McMahon, Speer, Dick, McMillin, Springer, Dickey, Mills, Stevenson, 

Errett, :Mitchell, Tillman, 

Felton, Muldrow, Townshend, R. W . Forney, Murch, Turner, Oscar 

Forsythe, Myers, Turner, Thomas 

Geddes, New, Weaver, 

Gillette, O'Connor, Wellborn, 

Godshalk, O'Reilly, White, 

Hall, Pacheco, Williams, C. G. 

Hatch, Philips, Williams, Thomas 

Henderson, Phister, Willis, 

Herbert, Price, Willits, 

Honk, Ray, Wilson, 

House, Reagan, Wise, 

Hurd, Reea, Yocum, Kenna, Richardson, J. S. Young, Casey, 

LeFevre, Russell, DanielL. Young, Thomas L. 

Lowe, Ryan, Thomas 

Manning, S3mford, 

Bicknell, 

Bin$ham, 

BlaKe, 

Bland, 

Bliss, 

:Bowman, 

Buckner, 

Butterworth, 

J 

NA.YS-150. 

Cabell, 

Calkins, 

Camp, 

Cannon, 

Carpenter, 

Caswell, 

Chittenden, 

Clark, John B. 

Cobb, 

Coffroth, 

Colerick, 

Conger, 

Converse, 

Cowgill, 

Cox, 

Crapo, 
1881. CONGRESSIONAL RECORD- HOUSE. 1157 

Cravens, Hill, :Morton, 

Muller, 

Neal. 

Newberry, 

Nicholls, 

Norcross, 

O'Neill, 

Orth, 

Starin, Mr. SHERWIN. On behalf of the minority on the committee I re- Crowley, Hiscock, Steele, port a further substitute for the bill of the majority. Davis, Lowndes H. Hooker, Deering, Horr, Stone, Mr. HARRIS, of Virginia. I now raise the question of consideraDenster, Hostetler, ~!;.~~~Ezra B. tion on that bill, and give notice that if the Honse does not now proDunn, Hubbell, Thomas, ceed to its consideration, I will move to go into Committee of the 

Dunnell, Humphrey, Thompson, P. B. Whole on the state of the Union to consider a bill which involves 

Dwight, Hunton, 

Einstein, Jones, Osmer, 

Overton, 

Phelps, 

Poehler, 

Pound, 

Prescott, 

ltice, Richmond, 

Robertson, 

Robinson, 

P.oss, 

i~~reS:d,' ~!!· the computation of interest to several of the States for moneys 

Tucker, advanced and loaned to the General Government during the war of Ellis, Joyce, Evins, Ketcham, Tyler, 1812. 

Ferdon, Killinger, Uup~e~ fh T. The question was taken upon considering the apportionment bill, Field, Kimmel, 

Finley, King, 

Fisher, Kitchin, 

P eo • omas\ and it was decided in the affirmative. Urner, 

Valentine, if APPORTIONMENT OF REPRESENTATIO:N. 

Fort VanAernam, The SPEAKER. The House has decided to proceed with the con- , Klotz, 

Frost, Ladd, 

Frye, Lindsey, 

Vance, 

van voorhis, sideration of the bill just reported from the Select Committee on the 

Goode, Loring, Voorhis, Census. The bill will be read. 

Gunter, Lounsbery, Hammond, N. J. Mason, 

Russell, W. A. 

Ryon, John W. 

Sawyer, 

Waddill, The Clerk read as follows: . 

W ai~ Be it enacted by the Senate and Hou8e of Representatives of the United Stat£8 oj Harmer, McCook, 

Harris, :Benj. W. McKinley, Scales, War hb .America in Oongress assembled, That after the 3d of March, 1883, the House of 

Wlla urn, Representatives shall be composed of three hundred and eleven members, to be 

Harris, John T. McLane, 

Haskell, Miles, 

Scoville, 

Shelley, W ~t' k apportioned among the several States as follows: Alabama, eight; Arkansas, five; 

~ ood~ w!iter A. California, five; Colorado, one; Connecticut, four; Delaware, one; Florida, two; Hawk, Miller, 

Hawley, Money, 

Sherwin, 

Simonton, 

Slemons, 

w · ht Georgia, ten; Illinois, nineteen; Indiana, thirteen; Iowa, ten; Kansa.c~, six; Ken- Ye~Ces.' tucky, ten ; Louisiana, six; Maine, four; Maryland, six; Massachusetts, eleven; 

Michigan, ten; Minnesota, five; Mississippi, seven; Missouri, fourteen; Nebraska, 

three; Nevada, one; New Hampshire, two; New Jersey, seven; New York, thirtytwo; North Carolina, nine; Ohio, twenty; Oregon, one; Pennsylvania, twentyHayes, Monroe, 

Hazelton, :Morrison, 

Henkle, Morse, 

Smith, A. Herr 

Smith, William E. 

NOT VOTING-44. 

Armfield, Elam, ,Jorgensen, Robeson, 

:Barber, Ewing, Keifer, Rothwell, 

:Barlow, Ford, Kelley, Sapp, Belford, Gibson, Knott, Smith, Hezekiah :B. 

Browne, Hammond, John Lapham, Stephens, :Burrows, Heilman, McCoid, Taylor, Robert L. 

Carlisle, Henry, McGowan, Upson, Chalmers, Herndon, O'Brien, Warner, Claflin, Hutchins, Page, Whitthorne, 

Clark, Alvah A. James, Persons Wilber, Cook, Johnston, Richardson, D.P. Wood, Fernando. 

So the House refused to proceed with the consideration of the interstate-coDlDlercebill. 

At the conclusion of the second roll-call, 

Mr. SPRINGER said: I ask unanimous consent that the reading of 

the names be dispensed with. 

Mr. REAGAN. I hope that will not be done. 

The SPEAKER. Objection is made. The Clerk then read the names of those voting. 

The following additional pair was announced : ~Ir. COOK with Mr. PAGE. If present, Mr. COOK would vote in the 

affirmative. 

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

Mr. COX. I move to reconsider the vote just taken; and also move that the motion to reconsider be laid on the table. 

The SPEAKER. That motion is not essentiaL 

~A VAL STATIONS ON THE Al\IE:RICA....'f ISTHMUS. 

The SPEAKER laid before the House the following message from 

the President of the United States: 

To the House of Rep1·esentatives : 

I transmit herewith, for consideration and appropriate a~tion by Congress, a letter from the Secre~ of the Navy in relation to the proposed establishment of 

naval stations of the Umted States on the American Isthmus. In this paper the 

current testimony of :P,rominent officers of this Government for a long series of 

years, as to the feasibility and necessity of establishing such stations and the 

,:rreat advantage to flow therefrom to the naval and commercial interests of the 

United States, is clearly set forth, and the considerations adduced cannot but 

commend themselves, I am confident, to .the careful attention of Congress. Convinced of the wisdom and propriety of the suggestions thus presented, I recom- mend to Congress the appropriation of the sum named by the Secretary of the 

Navy, to be at his disposal at once, for expenditure as soon as suitable arrange- ments can be made to the proposed end. 

R. B. HAYES. 

EXECUTIVE M.AxSlo~, Wa8hingtcn, February 2, 1881. 

The message, with the accompanying documents, was referred to 

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

LEAVE OF ABSENCE. 

By unanimous consent, leave of absence was granted to Mr. WILBER until Tuesday next. 

GOVEIL.'fMENT HOSPITAL FOR THE INSA.J..'iE, 

The SPEAKER laid before the Honse a letter from the Secretary 

of the Interior, relative to the management of the Government Hospital for the Insane; which was referred to the CoDlDlittee on Appro- priations. 

\..· ORDER OF BUS~""ESS. 

Mr. COX. I now report back from the Select Committee on the 

Census the apportionment bill. . Mr. NEWBERRY. I ask the gentleman to yield to me to introduce a. bill for reference only. 

Mr. COX. I cannot yield. 

Mr. HARRIS, of Virginia. I desire to raise the question of consid- eration upon the bill which the gentleman from New York [Mr. Cox] 

proposes t.o report at this time. The SPEAKER. The report will first be received. 

Mr. COX. I report back from the Select Committee on the Censns 

the bill (H. R. No. 7026) making an apporiionment of Representatives iln Congress among the several States under the tenth eensns. · • 

seven; Rhode Island, two; South Carolina, six; Tennessee, ten; Texas, ten ; Vermont, two; Virginia, ten; West Virginia, four; Wisconsin, eight. 

Mr. SHALLENBERGER. I ask that the bill for which this is reported as a. substitute be now read. 

!th'. COX. I informed the gentleman from Pennsylvania [Mr. 

SHALLElt."BERGER] to-day that the bill which haB just been read is one 

reported from the Select Committee on the Census to this House as 

an original bill. The bill which was sent to the Census Committee is 

still left there. The gentleman from Pennsylvania understands this 

perfectly. 

:Mr. SHALLENBERGER. I have raised this point in order that 

it may be now decided by the Chair. I find by reference to the printed 

bill, which has been read, that it is reported as "a substitute for 

House bill No. 6958." I may desire to know what that House bill No. 

6958 ia, before I am required to vote on this proposed substitute of 

the committee. Moreover, I may desire to move to amend the text of 

that House bill 6958, if pending, before I vote on the substitute. Hence I desire that the original bill be read. 

The SPEAKER. Does the gentleman from New York [Mr. Cox] 

object to the reading of the original bill for which a substitute is 

reported T 

Mr. COX. I have no objection to it. 

The SPEAKER. That will be more satisfactory to members. 

Mr. SHALLENBERGER. And the original bill is to be considered aM pending before the House T · Mr. COX. No, sir; it ia not. 

The SPEAKER. The substitute for the original bill is first to be 

considered. Mr. COX. The gentleman from Pennsylvania knows, for I so informed him, that the original bill is not reported to the House. 

Mr. TOWNSHEND, of Illinois. If the original bill is not before 

the House, why is it to be read T 

The SPEAKER. The Chair understands the gentleman to desire 

its reading for information. The original bill the Chair thinks should come with the substitute just re.ad as a substitute for that original bill. 

Mr. SHALLENBERGER. I do not want to antagonize particularly 

the bill of the gentleman from New York, [Mr. Cox,] nor do I want 

to obstruct public business. There :i3 a.pointinvolved in this matter, 

however, which may be an important one. At a specific time during 

the discussion and pendency of this bill I may wish to offer an amendment to it. 

The SPEAKER. The gentleman will not be prevented from doing 

that in any event. 

Mr. SHALLENBERGER. My desire to do so may depend upon 

whether the original House bill No. 6958 is pending before the Honse or not. If pending, together with the substitute reported for it, I can move to amend the text of the original bill before a vote can be 

had upon the substitute or amendments thereto. 

The SPEAKER. The gentleman from New York [Mr. Cox] thinks 

this substitute is in fact an original bill, and that it does not come back in manner as the gentleman from Pennsylvania [Mr. SHALLEN- BERGER] supposes. 

Mr. SHALLENBERGER. How can the till be in committee when 

it is here referred to by number and substantially reported back with an amendment in the nature of a substitute T 

Mr. FRYE. Mr. Speaker, is not the very first question before the 

Honse whether or not this bill shall be substituted for House bill No. 

695BT 

The SPEAKER. The Chair did not clearly comprehend. As now advised it seems that the gentleman from New York reports a sub- stitute for an original bill referred and the original bill should be a part of the report. If the substitute should be voted down, then the 

original bill comes before the House for consideration. 

Mr. COX. The matter is indifferent to me so that the House under- stands it. 
1.]58 CONGRESSIONAL RECORD-HOUSEo FEBRUARY 2, 

The SPEAKER. The Chair thinks that the original bill had better 

be read, so that the House may understand more fnlly the subject. 

Mr. COX. Why does the gentleman want it read when it has been 

in print two weeks ! 

Mr. SHALLENBERGER. I withdraw the request for its reading if 

the original bill is considered pending before the House. 

Mr. COX. The gentleman withdraws the request. 

Mr. SHALLENBERGER. With the understanding that the original 

bill is pending before the House. Am I to underst~nd that if my request is withdrawn the original bill is pending before the House open 

to amendment Y 

The Clerk read as follows: 

A bill (H. R. No. 6958) making an apportionment of Representatives in Congress 

among the several States under the tenth census. 

Be it enacted by the SeMte and House of Representatives of the United States of America in Congress assemblld, That after the 3d of March,1883, theHouseof Rep- resentatives shall be composed of three hundred and one members, to be appor- tioned among the several States as follows: Alabama, eight; Arkansas, five; California, five ; Colorado, one; Connecticut, four; Delaware, one; Florida one; Georgia, nine; Illinois, nineteen; Indiana, twelve; Iowa, ten; Kansas, six; Kentucky, 

ten: Louisiana, six; Maine, four; Maryland, six; Massachnsetm, ten; Michigan, 

ten; Minnesota, five; Mississippi, seven; Missouri, thirteen; Nebraska, tbiee; 

Nevada, one; New Hampshire, two; New Jersey, seven; New York, thirty-one; 

North Carolina, eight; Ohio, nineteen; Oregon, one; Pennsylvania, twenty-six; 

Rhode Island, two ; South Carolina, six; Tennessee, nine; Texas, ten ; Vennont, 

two; Vir¢llia, nine; West Virginia, four; Wisconsin, nine. 

SEc. 2. Tl!at whenever a new State is admitted to the Union, the Representative or Representatives assigned to it shall be added to the number. 

SEc. 3. That in each State entitled under this apportionment the number to which 

such State may be entitled in the Forty-eighth and each subsequent Congress shall 

be elected by chstricts composed of contiguous territory, and cont:l.ining as nearly as practicable an equal number of inhn.bitants, and equal in number to the ReJ?resentatives to which such State may be entitled in Congress, no one district electing more than one Representative. 

Mr. ROBINSON. Mr. Speaker, there is a slight error in. that bill as read. The number of Representatives assigned to Massachusetts 

should be eleven ; " ten" is a misprint. 

Mr. COX. That has been already corrected in the RECORD, at the 

request of the gentleman. 

Mr. ROBINSON. It has been corrected in the REcoRD, but not 

changed in the printed bilL I ask that the correction be made. 

The SPEAKER. The gentleman from Massachusetts asks that a clerical error as to Massachusetts may be corrected. 

Mr. COX. That has all been changed in the RECORD. 

The SPEAKER. But it has not been changed in the bill as read. 

The Honse should make the change. Without objection, the change 

will be made. 

There was no objection. 

Mr. FIELD. I desire .to call attention to another correction. In 

the bill which was read at the desk" Wisconsin, nine," should be 

"Wisconsin, eight." Mr. COX. That has already been corrected. 

Mr. FIELD. The correction was made in regard to Massachusetts. 

Mr. COX. And the other correction was also made, at the request 

of the gentleman's colleague, [1tlr. RoBINSON.] . Mr. COX addressed the House. [See Appendix . ] 

Mr. SHERWIN obtained the floor. 

FORT LEAVENWORTH 1\fiLITARY RESERVATION. 

Mr. ANDERSON, by unanimous consent, introduced a bill (H. R. 

No. 7102) to provide for the sale of certain portions of the Fort Leavenworth military reservation; which was read a first and second time, 

referred to the Committee on Military A:ftairs, and ordered to be 

printeci. CALIFOID\-rA NAVIGABLE WATERS. 

The SPEAKER pro tempo're, (Mr. CLYMER in the chair,) by unani- mous consent, laid before the House a. letter from the Secretary of 

War, tra,nsmitting a report showing how to prevent injury to the 

navigable waters of California; which was referred to the Committee Oil! Commerce, and ordered to be printed. 

CONTINGENT EXPENSES OF THE TREASURY DEPAR~"T. 

The SPEAKER p1·o tentpore also laid before the House a letter of 

the Secretary of the Treasury, transmitting a statement of the ex- penditures under the appropriation for contingent expenses of the 

Trea.surv Department for the fiscal year ending June 30, 1880; which was referred to the Committee on Expenditures in the Treasury Department, and ordered to be printed. 

ATLANTA A PORT OF DELIVERY. 

Mr. FELTON, by unanimous consent, from the Committee on Ways . and Means, reported, as a substitute for House bill No. 5376, a bill 

(H. R. No. 7103) to constitute Atlanta, Georgia, a port of delivery; which waa read a first and second time, referred to the Committee of 

the Whole House on the state of the Union, and, with the accom- panying report, ordered to be printed. 

And then, on motion of Mr.l\IARTIN, of Delaware, (at four o'clock 

and fifty-five minutes, p. m.,) the House adjourned. 

PETITIONS, ETC. 

The following petitions, memorials, and other papers were laid on the Clerk's desk, under the rule, and referred as follows, viz : By Mr. ATHERTON: The petition of E. M. Montgomery and 500 

others, citizens of Ohio, against the reissue of a. patent for improvements in artificial gums and palates to John A. Cummings-to the 

Committee on Patents. · -

Also, the petition of Tyre & Miller and 10 others, manufuoturers of 

cigars of Newark, Ohio, for a reduction of tax on cigars-tQ the 

Committee on Ways and Means. 

By Mr. BERRY: Memorial of mayor and common council of the 

city of Eureka, California, asking for the improvement of Humboldt 

Bay-to the Committee on Commerce. 

By Mr. BLACKBURN : The petition of citizens of the seventh 

congressional district of Kentucky, for a ch~nge in the patent lawsto the Committee on Patents. 

Also, the petition of citizens of the seventh congressional district 

of Kentucky, for the passage of a law to regulate interstate commerce-to the Committee on Commerce. 

Also, the petition of citizens of Kentucky, for the paBsage of a law 

making the Commissioner of Agriculture a member of the Cabinetto the Committee on Agriculture. 

A1so, the petition of citizens of Kentucky, for the passage of an income-tax law-to the Committee on Ways and Means. 

Also, the :petition of 12 citizens of. Kentucky, a~ainst the passage 

of Senate bill No. 496-to the Comm1ttee on In.valid Pensions. 

By Mr. BROWNE : The petition of 56 ex-soldiers of Indiana, against 

the passage of the sixty-surgeons bill-to the same committee. 

By Mr. CALDWELL: The petition of R. M. Clayton, a soldier of 

the Mexican war, for a pension-to the Committee on Pensions. 

By Mr. COX: The petition of E. W. Barber and others, citizens of 

:Michigan, for an amendment to the Constitution which will permit 

the Legisl~tures of the several States to levy a duty, tariff, or tax 

upon all the products of the soil and factories brought into each State 

from other States-to the Committee on Ways :md Means. 

By Mr. DICKEY: The petition of W. M. Butler and 72 others, citi- zens of Brown County, Ohio, for the passage of au income-tax lawto the same committee. 

Also, the petition of Charles Wood and 82 others, of Brown County, 

Ohio, :for the passage of a bill to prevent fraud in the sale of patent- rights-to the Committee on Patents. 

Also, the petition of Thomas W. Hare and 80 others, and of L. A. 

Wright and 42 others, citizens of Brown County, Ohio, for the passage of the Reagan interstate-commerce bill-to the Committee on Com- merce. 

Also, the petition of W. H. Scott and 121 others, citizens of Clearmont County, Ohio, that the Commissioner of Agriculture be made a Cabinet officer-to the Committee on Agriculture. 

By Mr. DUNN: The petition of F. W. Lynn, for pay due him as a messenger of the House 9f Representatives-to the Committee on Claims. 

By Mr. FINLEY : The petition of citizens of Ohio, that the Commissioner of Agriculture be made a Cabinet officer-to the Committee on Agriculture. 

Also, the petition of citizens of Ohio, for the passage of a law es· tablishing a permanent winter and summer tariff on all railroads terminating on the seaboard-to the Committee on Commerce. 

Also, the petition of citizens of Ohio, for legislation on the subject of interstate commerce-to the same committee. 

Also, the petition of citizens of Ohio, for legtslation to protect innocent purcha-sers of patented articles-to the Committee on Patents. 

Also, the petition of citizens of Ohio, for the reduction of the tax on cigars-to the Committee on Ways and Means. 

By Mr. HERNDON: The petition of the county of Mobile, Alabama, to be reimbursed moneys expended by it in improving 1\Iobile 

Harbor and Bay-to the Committee on Commerce. 

By Mr. LAPHAM: Resolutions of the New York Board of Trade and 

Transportation, for le~slation to prevent the consolidation of certain 

telegraph companies m the United States-to the Committee on the 

Post-Office and Post-Roads. 

By Mr. NEW: The petition of citizens of Indiana, for a reduction 

of the tax on cigars-to the Committee on Ways and Means. 

By Mr. ORTH: The petition of citizens of Indiana, for amendment of the patent laws-to the Committee on Patents. 

Also, the petition of citizens of Indiana, for the passage of an income-tax law-to the Committee on Ways and Means. 

Also, the petition of citizens of Indiana, for the passage of a law 

regulating interstate commerce-to the Committee on Commerce. 

Also, the petition of citizens of Indiana, for the passage of a law 

making the Commissioner of Agriculture a Cabinet officer-to the 

Committee on Agriculture . Also, the petition of Sila.a Larimore, for an honorable dischMge from the Army-to the Committee on Military Affairs. 

By Mr. URNER: The petition of J. E. Earle and 135 others, citizens 

of Queen Anne County, Maryland, for the survey of Corsica Creek, at 

Centreville Harbor-to the Committee on Commerce. 

By Mr. WARD: The petition of the American Iron and Steel Association and others of the largest manufacturers of Pennsylvania, for 

the passage of the Eaton tariff-commission bill-to the Committee on Ways and Means. 

By Mr. WILBER: Resolutions of the Legislature of New York, asking for legislation to stamp ont the disease known as pletrto-pneumonia among cattle-to the Committee on Agriculture. ·