Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-02-16
here nnwerfnIlv represented.

by him. He argued that Mr.. Poland's
proposition was wholly inapplicable, and
would leave without a remedy all the
small claimants who could not afford to
sue in the tribunals provided therein.
He defended the provision of the bill in
regard to insurance companies, and
stated that the whole theory ofinsurance
was that the premiums paid the losses.
The fact in this case was that insurance
companies had paid little over five
million dollars and had received, as war
premiums, little over six million dol
lars. Not more than twO-thirds of the
war premiums had yet come in. AS the
claims stood, the insurance companies,
as q body, had made q million dollars of
profit. He thought they had made two
and a half or three million dollars, and
it was proposed to let them participate
in this distribution. Some men called
that equity and justice, but he knew
where the gentleman from Indiana Mr..
Kerr had got his notions on the subject.
He had seen him accompany the attor-
ney of the insurance companies, Mr..
Evarts, into the committee-room of the
Judiciary Committee, and listen to his
argument.
Mr.. Kerr (angrily)-Th gentleman's
statement is not true.
Mr.. Butler-Were you not there?
Mr.. Kerr-Yes, but l did not accom-
pany the attorney, as the gentleman
states.
Mr. Butler-The difference is this:
You were there only at that time-at no
other time.
Mr.. Kerr-I had right to go there
under the courtesy of the committee, to
listen to the argument. l went there,
but 1 accompanied no one there
but the gentleman from Kentucky, Mr..
Beck.
Mr.. Butler-WelI, that is the key
note of the gentleman's argument.
Mr.. Kerr-It is not trne.
Mr.. Butler-I did not see the gentle
man there afterward, and his simply
saving that alt is not true" does not
alter the matter at all, when the fact
stated is true. Now, l am aware that
it was the agent of the United States at
Geneva, the paid attorney of the United
States, who came before the committee
and said he was the paid attorney of the
insurance companies. Therefore, he
was the agent of the United States, and
went to Geneva as retained counsel OF
the insurance companies. He came be-
fore the committee and argued the case
in favor of the insurance companies; he
has been on this floor arguing the case,
with what success we have all seen, but
he has not changed the vote of any
honest man, in my judgment, who has
heard both sides of the question. Per
haps he may have influenced the minds
of those who have heard only one side.
Mr.. Kerr-Will the gentleman let me
ask him one question?
Mr.. Butler-I cannot.
Mr.. KeTr-My question is whether the
gentleman himself is not the hired at
torney of the other claimants?
Mr.. Butler-NO, sir.
Mr.. Kerr-I have heard it stated that
be is.
Mr.. Butler-That is false.
Mr.. Kerr-It may be; do not assert
it.
Mr. Butler-Then it is insinuating
what a man dare not say.
Mr.. Banks-I rise to a question of or
der. 1t is not the right of any member
to charge another member with false
hood here.
Mr.. Peters-He only said that the
statement was false.
Mr.. Butler-I will not discuss that
at all.
Mr.. Bauks-It is not admissible, and
such debate should not be allowed.
Mr.. Butler-I have said nothing un-
parliamentary. I have nothing TO take
back. What mean to say is that there
are some men who are so little acquaint-
ed with an honest transaction that they
don't know it when they see it.
Laughter. That is all l mean to say.
Mr.. Kerr-And you are one Of that
kind.
Mr.. Butler-That may be, but 1 am
not that one. What | mean to say, di-
rectly and exactly, is that these insur-
ance companies have received six mill
ions for war risks, when they have paid
out only five. There are some men
who seem to desire to give them five
millions more out of the funds in sthe
treasury, or out of the funds of honest
claimants. 1t seems TO me so monstrous
a proposition that it cannot be supported
by any honest mind for q moment. No
honest mind will support it, unless such
mind is led astray by sophistry.
Mr.. Bird moved to lay the bill on the
table, but was rejected by divisions.
Various amendments offered by
Messrs. Eames, Monroe, Patter and
Poland were severally rejected. The
vote on Mr.. Pstter's amendment was:
yeas 50, nays 156; and on Mr. Poland's:
yeas 65, nays l18.
The bill was thenspassed by yeas 122,
nays 81. 1t provides that out of the
money paid by the Government of Great
Britain, in satisfaction of the award of
arbitration at Geneva, under the Treaty
of Washington in Naturalization to
the United States and the citizens there
of and corporations organized under the
laws thereof or laws of the several
States and Territories thereof, shall be
established and paid from the treaty, in
a manner hereinafter provided, to the
following classes Of claimants in the fol-
lowing manner: First--to all such cor
porations and citizens of the United
States who were actual owners Of prop
erty at the time of its destruction,
whether ships or cargoes, outfit ad-
vanced or other wages paid to officers,
seamen or freight actually earned
and lost by the capture or
destruction by cruisers, for whose acts
said arbitrators have found the Govern
ment OF Great Britain liable, and they
shall be paid actual indemnity where
LLltI hGlC AAOl AboGANA VI III
surauce was not received.
The second proviso relates to indem-
MITIGATING officers and crews for their cap
ture and for the loss OF their property.
The third provides that the owners of
vessels captured or destroyed shall
receive indemnification for their
losses, when such losses are not fully
covered by insurances. Fourth
ar.a 70 bo
fed for losses of vessels by cruisers and
for property on such vessels as are lost,
in the same manner as provided in the
case of private vessels. Fifth-To all
such corporations or citizens, as afore-
said, who had paid a premium of war
risks in versels and cargoes, or other
property therein, after the sailing of
either of such cruisers, to the amount OF
such extra or war premiums paid by
them, whether they suffered loss by the
capture of their vessels, or property, or
otherwise; provided, that in case such
premiums are made or secured to mutu-
al insurance companies, the indemnity
shall be the difference between
the premium paid or secured
and returned the accounts or premiums
therefor. Sixth-To all insurers, being
clIZSnS OF cOIpOIdtlOISl vi Tue OHiteu
States respectively, having insured or
reinsured property SO destroyed, who
shall show by an exhibit Of their books of
account and business that war arpremiums
did not equal in amount the losses paid
them, because of property thereafter
ward captured, lost, or destroyed by
either or all cruisers bearing the Con-
federate flag, provided the amount paid
to any mutual insurance company for
losses 50 sustained shall be apportiOned
by the company, among members
at the time of the losses paid by them
respectively in proportion to the interest
then owned by each member thereof;
proVided, further, that no insurer shall
have any claim or right in any claim