The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-04-15
XLvIrn CoNGREss--sECoND SEES.
SION.

XLVIn CoNGREss--sECoND SEES.
SION.
SKNArR-Bills were introduced and rC-
ferred ~ follows
by Mr., Wallaooi To define tho amount
and manner Of purchase of public loans TO
be- made by the Secretary of the Treasury,
by Mr. Maxey For tho relief Of certain
otlicors and priyates Of tho United States
army
Mr., Voorhees, presented u resolution in
structlng the Committee on Pensions 10 re-
port the bill authorizing pensions 10 suryiv-
ing soldiers and sailors Of the Mexican war,
Mr. Mcpherson, from tho Committee on
Naval Affairs, reported iavornbly the bill for
the relief Of the Albermarlo and Chesapeake
canal company. Placed on the calendar.
The morning hour expired, and the Senate
resumed consideration of the Geneva award
bill.
Mr.. Call, of Florida, addressed the Sem
ate In opposition TO, the committee bill. lie
took different view from the supporters OF
the bill as 10 the applicability Of the doctrine
OF subrogation IN this case. The under
writers in taking risk exacted sufficiently
largo premiums 70 cover the risk of total loss
and made no allowance for the possibility of
n breach Of neutrality by foreign govern
mehts or arbitration and an award of dam
ages. That possibility was too tangible and
shadowy TO enter into q contract TO be-
pleaded afIerwsrd, us giving the right
Of subrogaton. Ho quoted legal
authorities TO sustain this proposition, and
ALTO ascertain that the demand for payment
for loss WAS not final and the absolute aban-
1An.Nant "A ha a nral NrnnaVtky ar
the right of subrogation with II. Circum-
stances Of equity may exist on which the
courts nro to pass, and may reverse the
technical abandonment in the case where
40 per cent premium was paid. Equity
would not allow an underwater now 10 re.
ceive other than 60 per cont, thus being
paid twice. That might be the abstract
right in law, but it was not m equitable
right.
Mr.. Thurman asked TO whom it would BIO
unjust The owners were satisfied and asked
nothing more.
Mr.. Call said he was not arguing for any
class Of persons. He did not know who
would be injured and who benefited by his
propositions. He understood the authoriti :
TO be against the idea that such vague, in
tangible possibility of recovery constituted
spcs recuperand, or was signable MS right
Of property He denied that the award
was in any sense subject TO
legal claims. Municipal law could not
govern the distribution of a fund awarded
by one government TO another even where
the award was based on the claims of indi-
vidual citizens. There could be no right of
property in the disposition and willingness of
Great Britain to make tho award OF damages
He cited various opinions on this point. Tho
question now was simply one of
eQuity-who sustained the greatest
loss. He believed the losses
by the exculpated commissioners and by
reasons Of enhanced premiums, should be
paid; that double payment to underwriters
should not be made.
On motion of Mr.. Eaton the pending bill
was informally laid aside.
The consular and diplomatic appropria-
ton bill was taken up. The amount appro-
prated is Sl,l47, 1856,
An amendment was agreed to appropria-
ting S24 900 for salaries and expenses of the
recently appointed Commissioners to China.
After other slight amendments the bill
was passec.
The Senate then adjourned.
HoUsB-The morning hour was dispensed
with, and at 1880 p. m. the House went into
Committee of the Whole, Mr.. Whitthorn, of
Tennessee, in the Chair, on Indian appro-
priation bills.
After some remarks by Mr. Baker, of In
diana, the bill was read by sections for
amendments. Six or eight we're offered, but
the most of them were rejected and none
were of great Importance. Every amend
ment however, served as an excuse for
speeches on the Indian question, SO that
much time was consumed.
Mr.. Hooker, Of Mississippi, gave notice
that he intended 70 offer an amendment
transferring the Indian bureau from the In
terror to the War department.
The committee formally rose without act
ing on the bill.
Mr.. Hutchins, of New York, introduced
bill to establish a uniform sys tenn Of bank
ruptcy. Referred.
The House then took recess until 1880
p. m.
The evening session is to be for the con-
sideration of bills reported from the Com
mittee on Naval Affairs.
AT 1880 p. m. the House went into Com
mittee of the Whole, on State of the Union,
and took up the bill providing for perma-
nent construction fund for the navy.
Mr.. Whitthorn, Of Tennessee, Chairman of
the Naval committee, explained the features
Of the bill, which he said came before the
House as the unanimous report Of that COM
mttee, and was intended TO increase the eff.
cheney of our navy. AS naval power he
said the United States now ranks ninth or
tenth, and could not meet at sea any of tho
great maratime nations of the world.
Mr.. Harris, of Mass, from the Naval COM
mittee, then spoke at lenght with regard to
the provisions of the bill in connection with
the existing state of our navy force.
After some debate and little
amendment, the bill was laid aside for favor
able report to the House.
The next bill on the calendar, was the bill
to authorize and equip the Howgate Artic
expedition and it was also laid aside with
favorable recommendation. The committee
then rose and reported the bills to the
House, and the main question having been
ordered on them, the House adjourned.