Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-05-26
FORTY-SIXTH CONGRESS.
WEDNI SDAY, May 26.

the Senate message from the President, trans
mittiDg communication from the Secretary of
the Interior with r, ference to the agreement
with the Ute Indians. The President recon-
mends the immediate attention of Congress to
the danger that would result from failure to
act a upon the agreement. Also communtca-
letter Prom nhe s War at
neers, referring to a bill now before Congress,
relating to the harbor and waters OF New York
and recommending its amendment so as not to
aHecC Wol K begun or carried on by the United
states. Also, from the same Official recon-.
meIding an appropriation of $4,000 for COM
the Tooth meridian.
Mr.. Gol don announced that he had resigned
his seat s Senator and his success SSor had been
apr oiDtec. He moved that the appointee be
sworn In.
The credentials Of Governor Brown were
read.
Mr, Edmunds remarked that they were dated
May 21 and asked If the date of General Cor
don IS resignation was officially known to the
Senate. 1t had been held by the Senate on some
former occasions that the governor of a state
mas no power under the Constitution to appoint
senator until vacancy actually exists. OF
course everyb body knew that he had no obtec-
tlon 10 Governor Browns being sworn in. eX-
ctpt the sorrow it gave him that his friend Gen
eral Gordon has to go away. But he Thought 1t
right to call the attention of the Senate to the
1acI IL might perhaps be better for the Senate
10 nold as matter OF convenience that the for
mer decision was wrong, and that the governor
might issue commission in anticipation of a
vacancy.
Mr.. Gordon stated that his resignation ante
dated the commission of his successor by four
or five days.
Mr.. Edmunds said the question then arose if
a vacancy had actually occurred on the LAT of
May, the date OF the commission. then by
Whal constitutional or other authority had his
Hlend. Gen. Gordon, exercised the faculties of
senator since that date. That would be ptlz-
Zie out ne did not know that it would affect the
present question.
Mr. H1ll (Ga.) thought that it had nothing to
90 win the present question, which was simply
whether Gov. Brown should be sworn in. He
moved that that be done.
Mr.. brown was thereupon escorted to the
desk the modified oath was administered by
the PRESIDENT pro tem.. and he took his seat
Mr. C0ckrell, from the committee on claims
reported favorably on the bill for the allowance
OF certain claims reported by the accounting
claims y Placed On the calendar
MI. Mcpherson, from the committee on naval
mafars al M reported favorably on the bill relating
mat1cs in the navy. Placed on the Calendar,
On motion of Mr.. Eaton, the pensions de-
hcifney Ml ~ gappropriation bill was taken uo.
Mr. Eaton, by direction OF the committee on
appropriations, moved an amendment: g For
miscellaneous items, exclusive of labor. 81 900
Ior the fiscal year ending June 30, 1sSo." He
eHphlainea h mat this was for committee expenses
Mr, Edmunds said it thus appears that the
appIrenenslonS pI,1 OF the minority, expressed when
this 'te nnrnnan wnile ago 1gt $1,000 was asked for
behind what was allowed were '0VV wei
founded; fou Now $4,000 more was asked
ton bill some more would be asked. The ma
Jcrlty had right to manage their affairs in
thelr own way, but he had right to ask
Mneoner st II would not be better to have fun
statement OF how the regular appropriation OF
s'oo 200 or perhaps $1,000 had been expended.
-. Mr.. Eaton said the report OF the Secretary of
me one senate showed that the regular committee
e4pe1ses were less for the last year than for
previous years under republican MANAGEMENT
But the expenses OF select committees-InanyO of
M1 MiliGn ne was opposed to and did not vote for
nad Deen larger. There were too many OF them.
put their expenses must now be paid. and he
thought 1t better to do it without captious o.
lect1On.
Mr. ingalls, wished to state that when tha
ekpeI Sc OF the Davis committee TO Investigates
treasury DOCKS and accounts was under discus
SON Mr. Davis had stated it to be slO.5oO
row IT ad a statement from the Treasury de-
paItment showing the expense of preparing
s5tn En- s. OF nforma;ion required by the co
made over $4,000, and Mr.. Ingalls, held hfs AS
sertlon 10 be more than sustained,
MI Davis (W. Fa-) said it had never been TIL
preparing information part of the committel e.
expenses. The usual expenses OF the commit
zee were those paid out of the contingent fund.
stood to refer before.
Mr. Salisbury took the same view, but Mr. In
galis thought the entire expense growing out OF
tne investigation should be charged upon the
Mi: kirkwood took occasion to say that state
LueHts were sometimes made that special CON-
mitlees were turned into excuses for pleasure
lflps. so 1ar as the committee OF which he was
chall man select committee on the Poncas re-
MovaD was concerned, he would be supported
ny ny us members IN saying that there had been
territory was necessary one
1 lie amendment was agreed to.
MI WINDOW offered an amendment appropri
fnr
States InarshalS and their deputies earned dur
ing the fiscal year ending June 3Oth. 1850 H.,
suppos sI, @ ed II this had been omitted by an over.
Slght. as the committee knew the courts Wer.
being stopped all over the country for want of
this appropriation. -4' "a
MI MI Eaton Eaton regretted that the amendment had
called On him to-day and represented Ihe
urgent necessity OF having millions of dollars
ne1ore or J. June ist to pay pensions. The amend.
MI. WfnGom said there need be no DELAY
All having the proper administration OF Justice
al ne heart IT, could ID vote for his amendment
a. MI Me- Eaton sald ms colleagues had that thing
al & heart, out would secure 1t in some manner
which seemed right TO them. He would never
consent 10 this appropriation.
aas Ine amendments a1 was rejected by party vote
on lhlS question, voting nav.
me amendment proposed by the Senate COM
mittee on appropriations were agreed to. appro-
Irlating $4,000 for propagation OF food fishes.
Sl2 SO for fish Matching steamer and machinary:
xlO, 600 for vessels for coast survey and SI5.O0
lor continuation OF coast survey. The amount
appropriated for pensions is 50, $40 900.
Mr. COckreH offered an amendment annro
pr1atlng $1,000 for continuing the work OF ser
Illng claims OF states under the act OF 1850, for
swamp lands, including claims for swamp land
ingenuity under the acts OF 1855 and 1857.
MI. EdmundS raised the point OF order that
Ine amendment was not admissible under the
2.th rule OF the Senate, which prohibits certain
amounts TO general appropriation bills
A!ter depate on the point OF order, the Presi-
cent pro tenn. said that questions under that
rue were constantly arising, and had been
ueclded Inherently. 1t was an important mat
yer. aEd In order to settle it once for all ne
would submit to the Senate for decision: First.
Is Ihls general appropriation bill?
iue question was decided In the Affirmative.
yeas 46, nays 1t is thus settled that deficiency
Dlls, 0e1ng supplemental to general approprta.
tioh oilis are general appropriation bills within
tne meaning OF the rules
Mr. EdmundS withdrew his point of order
Delng satisfied that the amendment provided
Ior carrying out existing laws. The President
pro Gem, therefore, did not put that question to
the Senate. w
The question being on Mr. Cockrel's amend
menu, Mr. CCnkl1ng commenting upon what he
thouSht Mr.. EatOn'S Inconsistency In obtectfng
70 an amendment providing for marshai's fees
cause IL was not proper on pension bill.
az ~ ga aadmltuDg an amendment touching swamp
LANDS. The amendment was agreed to. The
OIL was read q third time and passed.