The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-22
CO NSs u Il y y.
FORTY-FIRsr TERM-sECOND SESSION.

Senate.
WASHINGTON, March 22.-Bills were intro
duced and referred as follows
By Mr.. Hamlin, to incorporate the American
Union Academy of Science and Arts.
BY Mr.. Wilson, in behalf of inventors.
By Mr.. Cragin, for the relief OF certain naval
officers.
By Mr.. Drake, to extend the provisions of
laws in relation to the selection of swamp lands
in the State of Missouri.
Mr.. Harlan, from the Committee on Indian
Affairs, reported, with an amendment, bill for
the civilization of the Indians and to prepare
them for the rights of citizenship. Placed on
the calendar.
Mr. Rice introduced a Joint resolution extend
ing the time for the completion of the first sec
tion of twenty miles of the Cairo and Fulton
Railroad.
Mr.. Johnston introduced bill to divide the
State of Virginia into two judicial districts.
Mr.. Sherman, from the Finance Committee,
reported Mr.. Summers bill to strengthen the
legal resources of the banks, and to provide for
resumption of specie payments on January l,
1871, with recommendation that 1t be indef-
nitey postponed. The report of the committee
was cOncurred in.
Mr.. Buckingham calledup the bill appropriating
$4,000 to Mrs. Fanny Kelly for valuable services
in 1864 in giving information of the evil designs
of hostile Indians while held in captivity by
them. Passed
The House proceeded in the morning hour to
the consideration of the report made on last
Thursday from the Committee on Mining adj
versely to the bill introduced by Mr. Fitch, ex-
planatory of the act of July 25 1866, relating to
the Sutro tunnel The bill proposed that the
third section of the act in question shall not be
so construed as to impose an obligation on any
person, company, or corporation owning claims
or mines on the COmestock lode to contribute
or pay to owners of the Sutro tunnel any charges
except rs per agreement made or to be made,
nor relieve the owners of the tunnel from the
performance of any of the conditions in such
agreements, or from any of the consequences
legally attaching to failure to perform such
conditions.
The minority report made by Mr. Sargent
explains that the third section of the act of 1866
| is properly susceptible of construction differ
ent from that intended by its author, or by Con-
gress, and compels mining companies to pay
| royalty of So per ton to Sutro, even without
| his constructing or beginning to construct the
tunnel within the time specified.
| Mr.. Fitch addressed the House in explana-
| tion and advocacy of the bill.
| Mr.. Farnsworth asked him whether any
court had ever given such construction to the
| third section of the act of 1866
| Mr.. Fitch replied in the negative, but said
that the act itself required the same conditions
| to be inserted in the patents for those mineral
lands to be issued from the Patent Office. 1t has
| been since demonstrated, however, that the lode
| did not increase in value as it descended, and
| that even If the turnout were constructed 1t
would be of no practical advantage. The mining
| companies felt there was no equity, no justice,
| and no decency in the demand of Mr.. Sutro, who
had last October, three years after the time
| specified, feigned to make beginning OF the
work, and had spent $4,000 OF somebody's money
in digging ahole, though not at the point agreed
| upon. He characterized Sutro's demand on the
| mining companies as being, under the circum-
stances, monstrous and iniquitous.
| He wanted to know why these companies
should be compelled to pay millions of dollars
| to plausible and pertinacious adventurer on
account of his scientific attainments as a Con-
| gressional manipulation. When fraud crept into
acts of Congress he was an audacious man who
claimed vested right in the fruits of his deceit
and robbery, and who demanded that Congress
should not repeal law obtained by fraud.
Mr.. Voorhees, asked Mr. Fitch whether the
facts were not about these:-That the miners on
the Comstock lode made a contract with Sutro
by which he was to commence O tunnel by the
1st of August 1867, and that without their
knowledge he obtained law of Congress which
extended indefinitely the time for commencing
and completing the work, and which imposed
on them the necessity of taking their grants
from the Government of these mining landssub-
ect to a royalty of SO on every ton of ore, run
ming indefinitely to the future.
Mr.. Fitch replied that these we're the facts
Mr.. Van Trump inquired whether the question
was not one of damages to be decided by the
courts.
Mr.. Voorhees, replied that 1t was a question
for Congress- whose duty it was to repeal the
| law which abrogated contracts between those
miners and Sutro.
Mr.. Beck inquired whether the miners could
not take title to their claims without being sub
| ject to that royalty.
Mr. Voorhees, replied that they could not.
Mr. Beck further inquired whether these
miners had acquired title to their lands before
| the act was passed
Mr.. Voorhees, Undoubtedly they did.
Mr.. Dickey asked what rights those miners
, had. Were they not squatters
Mr.. Sargent replied that they had the same
rights which settlers had under the homestead
| laws.
Mr.. Ferriss, chairman of the Committee or
Mining, and who had made the adverse repor
on the BILL expressed his surprise at the peryer
sion of facts set forth by the gentleman from
| Nevada, and said thal, up to the passage of th'
Sutro tunnel act there was no law on the statute
book which gave a right to single foot O
| mining lands except under Mexican titles IL
California. All the title that miners had was
mere license or privilege granted by the Govern
. ment.
i The morning hour expired while Mr.. Ferris
J.. was speaking and the matter went over till tn
g next morning hour.
= The Milwaukee Sentinel publishes an ad
: dress, five columns in length, lately made b,
IS Mr.. John T. Smith before the Wisconsin Stat'