Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-20
NVUTH CONGRESS.
The B ii TO Retire Justice Hunt Passed
Debate on the Sherman Funding
Bill Continued.
Discussion Of the Report Of the Commit
tee on Rules Occupies the Atten-
tentiOn of the House.

WASHINGTON, January 19.-SeaGte.-The
president pro tenn. submitted the response OF
the secretary of the interior to the resolution
of the 18th instant, inquiring to the lap
sing of the land grant to the Northern Pacific
railroad, and in connection Herewith TO the
action OF Ex-Secretary SchurZ, etc. The
Chair referred the communication to the
Committee on Railroads.
Senator Edmunds suggested that as the
question involved was one OF law as to
whether the certificates on which the lands
had been taken were legally issued, the
matter should go to the Judiciary Committee.
Senator Teller favored the reference al
ready made, as the inquiry had been con-
fined to alleged matters OF fact, but was not
disposed to object to Senator Edmunds's
suggestion.
The communication was thereupon re-
ferred to the Judiciary Committee.
Senator Davis w. Va presented resolu-
tions from the West Virginia legislature
urging modification of the internal revenue
laws, so that producers of leaf tobacco may
not be required to take out license.
Senator Hawley, member of the Commit
tee on Railroads, moved TO recommit to the
committee the bill ratifying the act OF the
General Council of the Choctaw Nation
granting to the St. Louis and San Francisco
Railway Company the right OF way for
railroad and telegraph line through that ma
ton. The official protest of the Choctaw
Nation and other documents submitted since
the bill was placed on the calendar had not
been before the committc- and he thought
the measure should be considered under the
new light thus thrown upon it.
Senator Maxey said the papers presented no
new material statements, and the question
raised by the Chickasaw was purely one of
law, which could be considered as well in
open Senate as in committee. He depre-
Gated the effect of the motion in causing the
bill to be delayed, by losing its place on the
calendar. To-day but one company had the
right of way through the Indian Territory,
and controlled monopoly of the transporta-
ton between and through Texas from the
North, and the present effort was to open an
Independent line. He claimed, in the right
of way the Choctaws had granted a lease
ment, and had not parted with such terri
tory; consequently, the Chickasaws had
nothing to do with the matter.
Senator Coke agreed with his colleague
that the only question involved was whether
a single railroad syndicate should control
the commerce passing southward through the
Indian Territory to Texas. This same syn
dictate Of the Indian Territory now controlled
nearly all the railroad interests of the coun-
try, including those of Texas, and in the in
terest of the people of Texas and the States
north, he demanded that the means of
competition in transportation should not
be withheld from them by Congress under its
right Of eminent domain. He argued that
the government has right to cut a pathway
for commerce through the Indian Territory,
and not permit Chinese wall there beyond
which progress cannot be made. The ques-
ton was of vital interest to those whom he
in part represented. He regarded it as one
of national concern which could not be acted
on too soon.
4 I'll
the liability OF the government in damages
for licensing road 10 go through the ter
ritory of the Indians without their consent.
Senator Hill [Ga. replied that while the
government might ultimately be liable, the
railroad corporation would first be held for
damages.
Senator Hawley observed that sworn affi-
davits had been laid on his table from which
he had serious doubts as to whether the grant
of right of way ever passed the Choctaw
Council, as has been represented. By way of
discaimipg any intention to delay the bill
he modified his motion so as to provide that
the bill when reported back should be re-
stored to its place on the calendar. The mo-
ton as modified prevailed.
Senator Davis Ill called up the bill to
permit Associate Justice Ward Hunt, of the
Supreme Court, to retire. Upon the passage
of the bill Senator Plumb called for the yeas
The Sherman funding bill was taken up,
and Senator Salisbury favored the bill.
When he had concluded a motion was
made by Senator ingalls, to lay the bill on
the table in order to test the sense of the
Senate upon it. He said the debate was re-
tardiug discussion on an equally important
question, and he believed the measure could
not pass.
Senator Window having obtained the
temporary withdrawal of Senator Ingalls's
motion, proceeded TO oppose it as an unnec-
essary experiment and likely to involve the
government in loss.
Several senators having expressed desire
to be heard on the bill, and Senator Sher-
man being DESTROYS of closing the debate,
Senator Ingalls, made an Intellectual effort to
secure an understanding that as a condition
OF his withdrawal OF the motion to table the
bill the session to-day would be extended
until it was finally disposed of.
The debate was then resumed, and was
participated in by Senators Hill, Window,
Mcmillan, and others.
Pending the motion for an executive ses-
sion, the bill was laid aside informally
Senator kellogg introduced bill to in
crease the compensation of the local ap-
praisers of New York to $1,000 per annum,
and the local appraisers of Philadelphia,
New Orleans and Chicago to $1,000 per
annum.
After executive session, the Senate, by
vote of thirty TO twenty-six, adjourned until
Monday.