The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1878-04-04
INCCNGRESS.
SENATE.

States in the war of 1872, as servants, guides
or warriors. Referred.
Mr.. MCMILLAN, from the Committee
on Claims, reported, with amendments, the
House bill for the allowance of certain
Claims reported by the accounting officers of
the Treasury Department. Placed on the
calendar.
Mr.. HOAR called up the resolution to
pay John Ray and VIM. l.. Mcmillan the
sum of 81 600 cash, 10 reimburse them for
the expenses incurred in the contested seat
in the Senate for the unexpired term OF
VIM. p. Kellogg, as Senator from Louisl-
ana for the term ending March Sd, 1885.
Agreed to-yeas, 80; nays. Z.
At the expiration of the morning hour,
the Senate resumed the consideration of the
Pacific railroad sinking fund bill, and Mr..
Hill, Of Georgia, spoke in opposition TO
many of the features of the bill as reported
by the Judiciary Committee, but said he did
not wish to be understood as favoring the
passage OF the bill as reported by the Com
nittee on Railroads.
Mr.. HILL said the bill reported by the
Railroad Committee prepared to estab-
lish sinking fund by consent Of the COM
panies, while that of the Judiciary Com
mitee proposed to establish a sinking fund
at the will of the creditors. Such an exer-
else Of power On the part Of Congress was
not only unauthorized by the Constitution,
but would be actually a subversIon Of the
purposes for which the Government was in
stituted. Hequoted at some length from the
Pacific Railroad Act of 1862 and 1864, and
argued that no power, legislative, executive
or Judicial, could, under any pretense what
ever, change, add to, alter, amend or reside
a contract except upon an allegation and
proof of fraud in its procurement.
Mr.. BECK said the Government would
not get Its money unless some means should
be taken to compel the roads to pay.
Mr.. HILL said that Congress could not
protect the rights OF the Government BY de-
nying the stockholders single right they
were entitled to. 1t could not resort to ex.
traordinary remedies. He thought this
was the most remarkable bill ever intro
duced in legislative body, and he had nc
doubt the Supreme Court would confirm his
views, should it be passed. 1t was bill
filed to foreclose a mortgage before the
mortgage became due. 1t was common law
action to sever the payment OF debt before
the debt became due. 1t was bill which
found NJ precedent in the courts of law OF
in the history of legislation. Precedents
were to be disregarded and powers unknown
TO the British Parliament in its most ON
nipotent days were to be exercised.
Mr.. THURMAN said the Senator from
Georgia had INDUCED in some very sweep
ing denunciation of the bill of the Judici
airy Committee so sweeping that the tru.
and well-founded first duty of the Senate
would be to disband its Judiciary Commit
tee. II the assertions of the Senator from
Georgia were true. the members of the
Judiciary Committee were idiots or williams
but he did mot think they were either. Mr.
Thurman then warmly deiended the Com.
mittee. and spoke of the standing of the
members thereof as iuris,s. He said they
ought tn know law and. il they had re
ported a bill in plain antagonism TO III,
CONSTITUTION. il was a bounden duty of the
Senate tn dismiss that committee and an
noint another and better one in its stead
lie Thought il swould be found by the decis
ion Of the Senate when it came to vote ON
this hill that the committee did know
something Of law. and that the Govern
ment ri the United States WAS more mower
fuJ than anv corporations which could ex-
Isl. There were things which dropped from
the month of the Senator from Georgia. cal
culated to wound the feelings of the men
who had faithfully DISCHARGED their duties
howeyer. he would reply 10 his argument
hereafter and gave notice. now. that he
would ask the Senate to come to a vote Oh
the bill on Wednesday next.
Mr.. HILL said he was rot aware that he
made the slightest charges against the Ju-
dietary Committeespr anv of the members
of it. He believed the committee had made
a mistake, and reported bill to exercise
powers which Congress did not possess. lie
did not think it was offensive to the mem
bers for the Senate to differ from the Judi
cary Committee on the question of legisla-
tive power. He had great respect for the
Senator from Ohio Mr.. Thurman. and for
every member of the Judiciary Committee.
bu, it was his honest conviction that the
committee had made a mistake. and was he
To follow his conviction. or had the Judi-
ciary Committee the power not ONLY TO yio-
late contracts. but TO conn ell him to follow
their views?
After some further discussion. Mr..
Bailey took the floor to announce his inten-
tion to sneak on the bill tomorrow. and il
was then laid over.
Mr.. WINDOW called up the House bill
making an appropriation Tor the consular
and diplomatic service of the Government,
for the wear ending June 70 1879 and OF.
planned its provisions. and the amendments
As reported by the Committee ON Appro.
priations were agreed TO.
The Committee on Appropriations 70.
por,ed to strike out of the House bill the
clause recurring consuls to make To the Sec.
retarv of State a quarterly statement Of the
exports from. and imports to. the different
nlaces To which they NAV he Accredited
the market price of various articles Sc
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