Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-20
The S enate.

the interior to the resoi luton of the 10th inst
inquiring as 10 the lapSing of the land grant
TO the Northern Pacific railroad, and his con
nection Herewith, TO the action of ex. Secre
tary Schurz, etc. The chair referred the com
munication to the committee on railroads,
Senator Edmunds suggested, 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 already
made, as the inquiry had been confined to
alleged matters of fact, but was not disposed
10 object to Edmunds' suggestion. The com
munication was thereu pom referred to the i'll
dietary committee.
Senator Davis CIV. Va presented the reso-
iutlons OF the West Virginia legislature, urg-
ing modification of the internal revenue laws,
so that the producers Of leaf tobacco may not
he required TO take out license.
Senator Hawley, member of the committee
on railroads. moved to recommit to the com
mittee the bill ratifying the act of the general
council of the ChoctaW nation, granting to the
st. Louis ~ San Francisco railway company
the right OF way for a railroad telegraph line
through that nation. He said the official pro-
test of the ChOctaw nation, and other docll-
ments which might have been submitted since
the bill was placed on the calendar, has not
been before the committee, 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 Choctaw nation was purely one
Of law, which could be considered fully 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.
Senator Lake agreed with his colleague that
the only question involved was whether q sin
gle railroad syndicate could control commerce
passing southwark through the Indian terri
tory 10 Texas.
Senator Logan suggested an inquiry as to
The liability of the government in damages
for licensing railroads to go through the ter
ritory of Indians with put their consent.
Senator Hill, of Georgia, replied that while
the government might ultimately be liable,
the railroad corporate on would first be held for
damages.
Senator Hawley observed that sworn affida-
Wits had been laid on his table which raised
serious doubts as to whether the grant of h
right of way ever did pass the Choctaw coun-
ell, as has been represented. BY way of dis
claimer of any intention to delay the bill, he
modified his motion so as to provide that the
bill, when reported back, should be restored
to its place on the calendar. The motion as
modified prevailed
Senator Davis, of Illinois, called up the bill
TO permit Associate Justice Hunt of the su-
preme court to retire upon the passage of
The bill.
Senator Plumb called for the yeas and nays.
The bill was passed, yeas Al, nays ID. The
negative votes were as follows: Brown. Coke,
Farley, Hill, Ga, Jones, Maxey, Pendleton.
Plumb, Ransom, Salisbury, Saunders, Slater,
Van Wyck and Vest.
Senator Williams introduced a bill appro-
priating $75r, 100 for b building ut Louisville,
KY, TO ace ..,udatt the postoflice, custom
house, pension agency, United States courts
and other government offices.
The Sherman funding bill was taken up and
salisbury favored the bill. When he had
concluded motion was made by Ingalls, to
lay the bill on the table in order to test the
sense Of the senate upon it. He said the de-
bate was retarding discussion of equally i'm
portant questions, and he believed the funding
measure could not pass.
Senator Window having obtained the TEN.
porary withdrawal Of Ingalls, motion, pro-
ceeded TO oppose the bill as unnecessary, ex-
perimental and likely to involve the govern
ment in loss. He said if the government
continued to pay of the debt at the ratio at
which payments had been made the last six
months, theentire five hundred and fifty-one
million dollars continued at and 6 per cent.
would be paid off in a little over four years.
The bill provided for paying off two hundred
million dollars, these leaving three hundred
and tifty-one millions. If the revenues con-
tinue as at present, the latter amount could
he paid of in three years, or less time. Then
there would be no bonds that could be paid or
called in, as the pending bill denied the gov
eminent the option of payment until after
five years from the issue of new bonds. Thus
the government would lose more by being
unable to pay of any bonds for at least year
than it would gain by this proposed 8 per
cent. arrangement. He, (Windom), regarded
the debt as IN better condition with the entire
five hundred and fifty millions payable at any
time at the option Of the government at 81
per cent. than it would be with two hundred
millions payable at the end of five years at 8
per cent.
Several senator's having expressed desire
to be heard on the bill, and Sherman being de-
sirous of closing the debate. ingalls, made an
Intellectual effortto secure an understanding
that, as condition of his withdrawal of his
motion to table the bill, the session to-day
would be extended until it was finally disposed
Of The debate was then resumed.
Senator Hill, GAP, said there was no such
thing in existence as 8 per cent bond of the
United States, although such a bond had
frequently been mentioned in debate. 1t oc-
CURED to him as equally extraordinary, no
allusion had been m ade to the usurpation of
Legislative functions by an executive officer of
the government in the continuance of and
per cents at 81 per cent The consideration
urged in vindicatiOn of the action of Secre-
tary Window, was it profitable to the gov
eminent, but this did not relieve it of the
odium OF usurpation. After quoting the
language of Washington upon the danger
from encroachmentS by one department upon
another, he asserted the uncOnstitutionality
of the secretary's operations.
Senator Window The senator speaks of a
3G per cect. bond as one not known to the
law. Now, there is no such bond, and the
regular debt statement contains no reference
to any such bonds. The bondholders simply
took pieces OF paper with an endorsement
upon it that they would not ask more than
3% per cent. interest, and would waive the
other 2h per cent. interest. Does the senator
think that that was unconstitutional?
Senator Hill replied-In private contract
each party could do as he liked, but in con-
tract to which the government was a party
on arrangement, such as the one just stated,
was not only unconstitutional but exceedingly
dangerous. Heswould give no executive Of
hcer the power to dicker with the creditors OF
the government.
Senator Window asked him whether he
would vote to pay the holders of 6 per cents.
* per cent. difference.
Senator Hill replied it was not necessary he
should so vote. 1t was true, as the senator
(Windom) had admitted. There was not in eX-
istence any three and half per cent. bonds, land
yet in the language of the pending bill ''bonds
bearing three and a half per cent. interest,"
were mentioned by it in two places. Here was
Legislative recognition of their existence, and
yet Senator Window said there was no such
bond. He would say to that senator that
there could be no such thing as bond of the
United States Which was not authorized by
law, and any arrangement or contract entered
into between the e xecutive department, or any
member of 1t, and the creditors of the gov.
eminent, which changed any of the terms OF
the bonds issued by authority of law, was
not only voidable, but was in itself void. II
bound nobody, and was nullity. II creditor
chose to take three and half per cent. interest
he could do it, just as he could go and throw
his bonds into the river, but the arrangement
entered into by the senator as secretary
Of fka4 r-;f I,a