The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-12-12
PROCEEDINGS OF CONGRESS-.
THE SENATE.
Open Discussion of Commercial Treaties
Debate on the Admission of Dakota.

Whereas, n commercial treaty of great impor-
lance has been negotiated between the United States
and Spain, which was made public by tho King of
Spain to such extent that it was eaoled from
Madrid by the Times of New York city and given to
the American people by that journal before the same
was presented with becoming solemnity and secrecy
to the Senate; and
Whereas the provisions of said treaty materially
affect the subject of revenues and taxation and in
volve serious questions of diplomacy and state
secrets discussion thereof should be ia open session.
SO that the people may be fully appraised OF the reasons
why said treaty should be ratified or rejectedi there
''Resolved that the committee on rules be directed
to report an amendment additional rule, requiring
treaties which concern matters of revenue to be con
sidered in open session."
On objection by Mr.. Wilson the matter went
over one day.
On motion of Mr.. Coke, the bill providing for
improvement of Galveston harbor was made
special order for January g.
Consideration of the Oregon Central land
forfeiture bill was resumed.
The amendment of Mr.. Doph was agreed to,
providing that all settlers in good faith on lands
forfeited who are otherwise qualified, shall be
entitled to preference right to enter lands in
accordance with the homestead or presumption
laws, and shall be regarded having legally
settled such lands from the date of settlement
and in case such settler be not so entitled, under
existing laws, he should be permitted, within a
year, to enter not TO exceed 100 acres, at 81 70,
and reducing to 81 p the price of even numbered
sections along the line of uncompleted portions
of road.
An amendment offered by Mr. Plumb was
agreed 10, by vote of % to H. repeating the aeS
of March 8, 1875, which allowed settlers on rail
road lands subsequently forfeited to locate TO an
amount equal to the signal entry without add
tional cost
Mr.. Sherman, in some remarks favoring this,
said the land was open to homestead entries,
,,rtA do kn
spectators to get hold on these lands and hold
them from settlement. He (Mr. Shermanl
would favor in this bill a repeal of the pre-
emption laws; they had long outlived their use
fulness
Mr. Morgan INQUIRED of Mr. Dolph whether
there were any other parties affected by the for
fixture than the United States government and
the railroad company.
Mr.. Slater did not think there were lie be-
lieved there had been no effort made by tho com
pany to sell lands.
Mr. Dolph believed their mortgage, and per
haps the deed of trust, embraced in their de-
scriptions all lands of the company, both earned
and unearned, but supposed that the grantee OF
a land grant may, upon conditions subsequent"
only take or mortgage such rights as existed,
and if the conditions had not been performed,
there could have existed no right which mort
gage could take. There were no questions IN
Volved, Mr.. Dolph said, that would not be fairly
and equitably settled by the provisions OF the
bill.
Mr. Morgan had understood in committee,
that there were no mortgages or membranes,
or that anybo dy's rights were affected except
those of the company and the government. Ii
mortgages existed on lands of the company, the
matter should be looked into, and the rights OF
all parties affected ascertained. He moved to
commit the bill to the committee on public lands
for their examination.
Mr. Blair supported the motion. Though
member of the committed, he did not know I'M
til this morning that mortgage on these lands
existed.
Mr. Delph said he made in committee the
statement just made by him.
Mr. Morgan remarked that he had not heard it,
and inquired of Mr.. Slater when he (Slaterl had
first heard it.
Mr. Slater replied that he was not sure Of hav-
ing heard 1t before this morning, but thought
the bill protected the rights Of all as it stood.
Mr. VanWyck said that the other day. until
midnight the attorneys of these railroad compa-
MES appeared before the committee and made
every conceivable objection to these fOrfeitures.
Everybody knew that every land grant railroad
company had put mortgage on its entire grant,
and it could have been safely assumed from the
beginning that this company had followed this
course If Mr.. Morgans position was correct,
Mr.. VanWyck argued that not only would ev-
cry mortgage have to be heard but every judg
ment creditor too
Mr.. Morgan thought the bill should provide
complete method of settling before the courts,
all questions of rights that may be involved, as
had been done with the Atlantic and Pacific for
telt1re Dill. lie Insisted upon HIS uOllOH Ior
recommittal. He expected to vote for forfeiture
as he had voted for the Atlantic and Pacific for
fixture. and he expected to vote for the Texas
Pacific forfeiture, but he wanted to see carefully
provided for the rights of mortgages, settlers
and innocent people who bought the bonds of
the land grant roads.
After further debate, the BILL at o'clock, had
to yield to the unfinished business Of yesterday
being the bill providing for
THE ADMISSION OF DAKOTA.
Mr.. Harrison took the floor to reply to Mr.