The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1877-01-25

and that it was, therefore, not only a measure
touching an appropriation OF property direct
but it was virtually and directly new grant of
the property on new conditions. Time was of
the essence OF the grant Ii, however, there
were any doubt on the point the doubt should
be resolved in favor of the government for
there was no mutually OF interest in the con-
tract. The point of order was then therefore
well taken.
Bill was then referred to the committee of
the whole on the state Of the Union.
Mr.. Lamar then asked the unanimous con-
sent to have the bill considered Tuesday next.
Mr.. Holman objected ana aeeli1ed to With
draw the objection though Appeared 10 by kaS-
son and Msginnis.
Mr.. Lamar also reported bill supplementary
to and amendatory of the Texas Pacific Rail-
road bll of March 8, 1875.
Mr. Kasson OF Iowa made the minority re-
mort. and Mr. Landers of Indiana offered
substitute. All were ordered to be printed and
referred to committee of the whole on the state
of the Union.
Mr. Lamar asked unanimous consent to have
the bill made the special order for the Sd of
February, but objection was made by Messrs.
Hoge aud Holman.
Mr. Throck morton of Texas, from the same
committee, reported bill fixing the rate of
charges for freight and passengers across the
Omaha Railroad bridge. Same reference.
The House at 3 20 proceeded to business on
the Speakers table, and the Speaker again laid
before the House the message from the Presi-
dent 10 regard to the use Of troops at the late
election, as originally presented last Monday
Mr.. Wood of New York asked that as the
message had been already read its second read-
| ing be dispensed with
Mr.. Hurlbut of Illinois objected and required
that not only the message bus the accompany
ing documents be read.
The Speaker decided against the right to
have the document read and was reminded by
MI Hoar that that ruling was in the very
| teeth of one made last week.
| The Speaker declared it as his judgment that
the Question on the reading should De referred
| 10 the House. He put the question and decided
| the vote 10 the negative.
Mr. Wood then offered his resolution that the
message be referred TO select committee of
| eleven to inquire whether there had baen an
exercise OF authority not warranted by the
| Constitution aud laws in the use of troops for
| which the President is justly responsible, with
the power to send for persons and papers
Mr.. Banks made point of order that
the power to send for persons and papers is not
authorized under the rules and should only be
| given when committee regards it as neces-
sary.
| Mr. Wood remarked that if anybody but the
| gentleman from Massachusetts, had made that
| point he would have suspected that there was
| some motive TO prevent an investigation.
| Messrs. Wilson and Kasson of Iowa also
| maintained the force of the point made by Mr..
Banhs, aud Mr.. Wilson said he raised the same
point the other day merely out of regard to the
/
| to keep him straight in the traces.
Mr. HOar of Mass, replied to Woods sug-
| gestlon as to motive IN preventing investlga-
ton. He said that on his part there was such
a motive. 1t did not seem to him to be de-
| cent thing in the relations between the differ
| ent departments of the government to propose
| an inquiry into the action Of the President or
| of department of the government, through
| the mode of sending for persons and papers by
| a committee of the House, until the ordinary
1 raSnPcttul and mo- of fI,a
| Information had been tried and exhausted. He
did not deny that there might be cases Cooking
to an impeachment or looking 60 prevention
| OF abuses in the public service) in which that
mode of approaching the subject might be
proper and courteous and the duty of the
House, but it did seem to him that 1t was
for the interest of all parts of the government
that the courtasies, the etiquettes, the proprie-
ties of official life should be preserved when it
could be done without sacrificing the essentials
of duty. He did not tsleve it wise to intro
duce the elements which created and excited
antagonism 1t seemed to him that if there
was any special desire to know any epecifc
fact, the proper courteous, regular, constitu-
tiOnal method was to ask the President about
it and if the President said he could not give
the information without injury of the public
interest, then it would be for the House to con-
slider whether that answer was satisfactory or
not.
The Speaker overruled the point of order and
quoted the rules and manual in support OF his
ruling
Mr.. Banks appealed from the decision of the
Speaker, and SAID his only motive in raising
the point of order was that the power to send
for persons and papers was an abuse of power
for which there had been no cause assigned
Under that power the committee could send all
over the United States for troops of witnesses
who would monopolize the time and attention
of the House with questions of privilege, and
the House might see defeat of the appropria
ton bills and of all important matters connect
ed wi the Presidential question. 1t was on
the ground that this was abuse of power alb
SOlute and unlimited, for which there was no
cause assigned that he made the point of order
| and now appealed from the decision of the
chair.
Mr.. Hale of Maine called Mr. Woods at
tentlOn to the fact that the Presidents message
was accompanied by large amount of papers
and documents, and said that If he Wood,
should find on perusal of these documents
that all information he desired was not there
it would be then time to come and ask for pow
er to send Tor persons and papers.
| Mr.. Wood replied there was in the resolution
nothing offensive to the dignity of the Pres-
dent The executive had been treated with the
greatest respect. The House had only exer-
csed what in his (Woods') Judgment was Its
Just perOgative in calling the Executive to &C
count for his military interference in the South
ern states. He did not intend any disrespect
| to the President but he did want free al full
investigation so that if it were true that there
was violation OF the Constitution in ordering
troops to tue Southern states to interfere with
state elections the House might place in the
archives of the government its condemnation of
these acts.
Mr.. Cox Of New York replied to the sugges.
ton OF Mr.. Hoar as to the indecency of the pro-
posed mode of procedure and said that the in
deceDcy would come in when the inquiry was
answered. He moved to lay the appeal on the
table. Carried-yeas lat nays 49,
The resolution was then adopted-yeas 134
L