Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-09-09

giving the railroad all that it asked. 1t seemed
odd that the road should first be given all i,
asked and that a commission should consider
Mr.. Atkinson argued the business necessity
for prompt action to meet the demand for more
| freight facilities.
Mr.. Andersons amendment was lost BY q vote
| Of IS TO rs.
Mr.. Holman Qnd. arose to offer an amend.
ment when Mr.. Atkinson tried to cut him of
| by moving that debate be limited to one min
| ute.
| Mr.. HoLMAN's PROPOSITION.
Mr.. Holman claimed the right to offer his
amendment. 1t added the following to the
committee amendment: "And said commission
shall also assess and appraise the value of the
| real estate now used and occupied by said rail-
| road, or which may be occupied by il under
this act. and belonging to the United States, in
the District OF Columbia. Tue said commission
| ers shall make report of their assessment to the
treasurer OF the United States, and said company
shall pay the sum SO assessed into the Treasury.
and this act shall not take effect until the sum
SO assessed shall be paid"
! Mr. Atkinson made the point Of order that
| the amendment was not germane to the sub
| ject of the bill.
Mr.. Atkinson said: The bin relates purely to
| sldlngs and to the right to take property by
| condemnation, and this goes back to all the
| transactions that have ever been had with this
| company. 1t embraces the pecuniary question
| OF assessment and payment and does not relate
! to the subject mailer of the bill at ALL
MIR. Holman-It seems to me that the general
scope of this bill justi1ics this amer dment and
| makes it germane. The general purpose of tho
| bill is increased advantages and conveniences
! of the railroad corporations; and these addi-
tions OF railroad lands and convenieEces are
necessarily attached to tho grounds already
occupied by the corporation. SO that it seems
to me that whatever has connection with the
subject matter would be fairly germanc.
Mr.. Caswell-Will my friend allow me to ask
him question: Would not that work an alb
solute sale OF that location to the railroad?
MIR. acknowledgements it has that
effect. and is there INDUCED the slightest hope
that the government will ever recover one inch
of that ground surrendered to this corporation
more than twenty years ago? The company
has paid the government nothing for the land.
Mr.. Caswell--I have 10 doubt the railroad
company would gladly make the purchase if it
is the proper thing to do.
Mr.. Holman-Whon they took that land it
was with tho distinct understanding Il ;,now
the tact, for was present and the gentleman
from massachusetts MIR. Banks]. whom / see
in his seat. was also presently that it was simply
to be taken temporarily. Yet more than
twenty years have elapsed and this valuable
property is still held by the railroad corpora
| ton.
Mr.. Oates-If my friend will allow me,
desire TO suggest another ground why the
amendment is not In order.
MIR. Holman--I do not want to be interrupted
in that way. AS saying it was under
stood by everybody at the beginning that the
public lands i'll this city were to be taken for
temporary use and were not intended to be
taken permanently. Yet think gentlemen all
know now that this is a permanent possession,
and taken in connection with what has trans
PRED the facts show conclusively that this rail-
road corporation has obtained possession and
will hold it against all Corners.
Mr. Grosvenor-Will the gentleman yield to
me for n question?
MIR. Holman--Certainly.
Mr.. Grosvenor-Does the gentleman think it
Is legal to validate procedure by which the
government may appoint commission to fix
the price and collect the money. and as a con-
dition for failure to pay to set aside all the
rights tins company has got and all rights that
are conferred by the general statute Ill regard
to condemnation of land by commission to be
appointed ex-parte--a commission appointed
by the government and i'll the appointment of
which the corporation has no voice?
Mr. Holman-It may be that the gentleman
from Pennsylvania has no. provided for q
proper commission; but suppose the gentle
man from Pennsylvania understands exactly
what he is doing.
One word about this commission. When ap-
pointed 1t is commission to report certain IN
formation to Congress, and to invest this COM
mission with other duties would seem entirely
proper.
Mr.. Grosyenor-Would not that be one OF tho
duties devolving upon the commission by the
proposition OF the gentleman from Pennsylva-
nia AMI would not its duties require some de-
gree OF capacity and impartiality in the making
of these assessments?
MIR. lIolman-I have already said that all
gentlemen now understand and know, so far as
anyt thing of the future can be known, that the
corporation still holds your lands and will con-
tlnue to hold them which it is claimed nre Of
the value of several million dollars Now if
my friend from Ohio will suggest some better
commission than this, then l would cheerfully
yield to him; but here is a commission, one
member TO be appointed by the President of
the United States
Mr.. Grosvenor-The gentleman is mistaken.
One is to be civilian engineer, one an expert
Ill railroad matters and the other a business
man-maybe the proprietor of grocery store
MIR. Holman-If the selections are properly
made you cannot get more suitable COM
mission than that~-a commission appointed by
the President who must be presumed to be
impartial and is not for the railroad nor against
the railroad.
on POINTS OF ORDER
On the subject of the point of order Mr..
Holman said: points OF order on matters of
this kind are not favorably considered. II the
amendment offered comes within tho general
scope of the measure under consideration il is
held to be in order. l admit that there are
certain technical points which, under certain
tion bills. where the chair rules strictly; but
when 1T comes to q general measure of legisia-
ton affecting general subject matter like the
relations OF this railroad company to the people
OF this city, anything pertinent to that general
subject-matter-the questions Of the lands they
occupy, the lands they wish to occupy the
rights which they have acquired. tho additional
rights which they may desire TO acquire-any
amendment which is pertinent to the general
subjcct-matter is usually held to be in order"
The chair ruled the amendment out of order
The committee amendment was then adoDted
also amendment by Mr.. Kerr insert
ing the following as an addition to section 8.
''Ihe right to remove such tracks is reserved
to Congress-"
Section 4 was added to the bill, providing
THAT Congress reserves the right to alter
amend or repeal this act" '--
Mr.. Anderson proposed an amendment,
which was agreed to, inserting the words COM
mon carrier in lino IA, section s. so as to define
the particular business of this company and to
prevent it from using the property acquired
for any other business than that of a common
carrier.
Mr.. Picker moved that the committee re-
port the bill with the recommendation that
the enacting clause be stricken out This was
lost
Mr.. HoLMAy's PROPOSITION DEFEATED
Mr.. Holman then offered a new section his
proposition TO have the holdings Of the railroad
company assessed and paid for.
A point of order was made and then with
drawn. vote on the proposition resulted in
its defeat-,ayes 81, noes Is.
The committee then rose and reported the