The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-04-05
DOINGS OF CONGRESS.
Tnv: SENATE DEBATES THE PACIFIC
RAILROAD FUNDING BILL.

RAILROAD FUNDING BILL.
Tne House G0es for D00rkeeper Polk and
Declares His ONCE Vacant.
The senate.
WASHINGTON, April Mr.. Anthony, from
the Committee on Printing, reported reSo-
luton to print $500 copies Of the report OF the
Commissioner OF Agriculture OH forestry.
Agreed to.
Mr.. Morrill, offered resolution to the effect
that q select com mittee be appointed to con-
slider the propriety OF taking the tenth CEN
sus of the United States. Agreed to.
Mr.. Spencer, from the Committee on Com.
merce, reported bin for Improvement up cement o.
Mr.. Whyte presented q memorial Of the
business men OF Baltimore against the re-
yival OF the income tax. Referred to the
Committee on Finance.
torneys practicing before the Patent Office
and other bureaus of government Referred
to the Judiciary Committee.
On motion Of Mr.. Maxey. the House bill to
authorize the Secretary of War to prepare
rules and regulations. to be observed In the
preparation, submission and approval OF con-
tracts under the War Department. was taken
up and passed: =.
ceeded to consider the bill for the construction
OF a narrow gauge railroad from Bismarck to
the Black Hills. The bill was read by the
Clerk, and at the request OF Mr.. Christiancy,
who desired tn offer an amendment, laid over
until tomorrow.
MIR. Sargent presented memorial OF the
Chamber Of Commerce Of San Francisco.
against the redemption OF silver certificates
ut places other than those at which they are
issued. Referred to the Committee on
Finance.
Att .. NJ the railroad funding bill! came up
a. unfinished business, and Mr.. Matthews
proceeded to answer the arguments brought
nnniuut thp Ra lrouu (,Dmmjttpe'S bill
He differed with Mr.. Thurman on the prop
osition that the bill should pass because it
was unconstitutional in order that there
might be n judicial inquiry upon this, point.
No Senator had a right to surrender his
opinion, and If he believed measure uncon-
stitutional he should vote according to his
conviction He had been panied to hear Mr.
Edmunds refer to the friends Of these great
and powerful corporations being present on
the floor, In the Hobbies, and in the galleries.
Whatever grain OF reality there may be In all
this, Senators should he careful how such in
situations are made, unless they have specific
charges to make.
He next referred to the remarks Of Mr..
Christiancy, who said he had made what was
not law. to appear almost like law, and that
he had In citing authorities stopped at points
where it suited his views, and omitted that
which was against 1t. He had since carefully
reviewed his citations, and had no corrections
to make. He argued that the fact that the
United States was q creditor and legislatiDg
It's own interests, was wholly imm,lterial and
irrelevant The rights of the United States
were precisely like rights OF any other credi-
tor.
tion OF the conditions and restrictions Of the
act OF 1862, and said there was a solemn
stipulation that the net earnings OF the
road should not be touched until the stock
holders had received a dividend of 10 per
proposed to violate that solemn compact to
the extent Of 25 per cent Of tie net earnings.
Again, the right to amend. which was re-
served, was for specific objects in the public
interest. The bill proposed here did not pre-
tend to be for any one OF the specified pur,,
poses. The object was not so much to amend
the statutes as to revise the Judgment and
decision OF the Supreme Court: II that de-
csion had sbeen otherwise, this legislation
would not have been thought OF. 1t was be-
cause there was nothing due that Congress
was called upon, in an indirect way, to undo
and revise that decision. There must be q
limit to the power OF government or we are
not q free people.
Referring to the debate on the silver bill,
he said the case was reversed from what it
was when this hall resounded with appeals to
sustain the national honor and national faith
In the observance OF q contract. The govern
ment, he held, could not sue the roads for
money to go into sinking fund, for there
was no existing right to 90 So and the road road
nothing under the contract Now It was
proposed to take away that defense. That Is
what the Senator from Vermont calls legiSla-
tive Jurisprudence. He called it Legislative
not a law be enacted declaring the money ad-
vanced as interest by the government, to be
now due.
bill admit that they cannot make money pay
able twenty years hence due now, but claim
that they can make the debtor pay it now.
Why not openly declare it now due and col
lectible? The proposition was not legislative
,l,x.o rlntt. cfrufn
Mr. Matthews took issue with Mr.. Edmunds
on the power OF visitation, claiming that it
was In no way applicable in this case; the only
visitation was the visitation OF Providence 10
He then went On to meet the other argument
that had been made in support Of the bill. He
said it had been suggested that there could be
new remedy supplied, but that implied q
pre-existing right, and that right could not be
disturbed.
II Congress could enact n law providing
against possible future insolvency, it could
pass q law requiring every citizen to pay 2s
per cent of his income into the treasury, tC
be distributed among his creditors in the
event OF his failure bankruptcy. AS to what
the arrangement that can be arrived at be-
tween the government and the companies he
was Indifferent, and whatever they could 6t
induced to pay he was DESTROYS they. should
pay. He stood here to-day impressed with
the responsibility of what he said, and If the
government had to loose all it had better dc
so than give It's assent to this Dill, which III
effect upsets the decision Of the Supreme
Court, which determined the relations be-
tween these parties.
At the conclusion of his remarks Mr.. Mat
thews said he would withdraw the bill of the
Railroad Committee, which he had offered az
substitute, in order that there might be 8
direct vote on the judiciary Committee bill.
Mr.Chaffee followed in advocacy OF the sub.
stitute for pending bills, submitted by him
yesterday, part of which proposes to compe
He went into an argument to show that il
was in the power, and was the duty OF the
government to enforce this measure.
Mr.. Thurman eontended that the bill pro
posed by Mr. Chaffee aDd the Railroad Com
mittee's bill provided that the money due
from the roads. for five per cent Of the net