The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-09-26

| - Out u C0mmlete0 OF tho VhOlN.T
Inc Judge replied, There is no reaso
against it. The Woodbridge. blu is exectl
the same as this. and yOn laid down a mi
IN that case that if bill did not cali for a
appropriation, or if it could be exc
cnted without an appropriation, it vas mo-
subject to the point Of order.''
well, replied the speaker, 'the Wood
this,'' 'A ese %
At this the judge fred up and saiS
Take this bill and find anything in i
that calls for an appropriation
The speaker looked over the bill and coul,
ind nothing. Section ran thus:
That whoever. as laborer, workman q
mechanic, has been employed by or on be
half OF tho government of the United
/ States since June 25. 1868. the date of tn,
act constituting eight hours a days worl
and has not been paid the full price of /,
days work for each eight hours he has beer
80 employed, shall have the right to brins
suit in the United States court of claims te
recover snch deficiency, and the said cour
Is hereby authorized to take jurisdiction o.
all such cases without regard to the laps.
of time, and adjudicate upon the basis Of
eight hours constituting days work, DO
Speaker Reed interlined in this sectiol
these words:
II. in the opinion of the court, he va
under the statute of June %, 1868, or an,
other existing law, entitled to full price O
a days work for eight hours labor O
service.
The section continued thus:
And for that length of service the claim
ant shall be entitle to the full price of q
days work whatever that may be, less the
amount already received, and in that ratio
for any part of q day.
The speaker added these words:
If. in the opinion of the court, such was
the meaning of the said act of Juns Is, 1868
| or any other existing law.
After interlining as above, the speaker
passed the bill to Judge Daniels, saying
IF You and | can agree upon that, viii
stand by it. Even if the point of order il
made, I'll not sustain it"
Wei" replied Judge Daniels, ''if do
that, when will you allow it to come up.''
AS soon as we get drought this election
case" the speaker replied.
The judge did not accept the change. at
once. 1t will be seen that the speakers
amendment gave the court power to deter
mine matter which had already been set
tied by act of congress May Is, 1872. This
under the law from the date it took effect
up to President Grants first proclamation
forhidding any reduction of wages in con-
sequence of the reduction of hours of labor
should be paid for their extra work.
Under this stress the judge accepted the
bill: 1t was the best he could get. He
could thus pull the bill out of the house and
look for relief in the senate. Before COM
ing to this conclusion he saw Gov. Dingley,
Charles d. Turner, James Buchanan, and
Mr.. Gest-an members of the committee on
labor. They advised him to accept 1t SO as
to get the bill before the house. 1t was his
only chance. He took it.
Such is the story told bv friends concern
ing the manner in which it was brought be-
fore the house. Those mentioned know
whether 1t is true or not.
What the Record Shows
Six weeks after the bill had been amended
in accordance with the speakers wishes the
morning hour was revived. It had been
buried for months. 1t was practically re-
vived under a special order from the COM
mittee on rules. It set down certain days
for the consideration Of the Agricultural
college bill, the lard bill and the Butter
worth optic bill. In its special
order the committee provided that it should
not interfere with the morning hour. So
the bill came before the house in the mo n
ing hour. Tinkering began Immediately.
MIR. Lacey. of Iowa (rep.), amended the
second section with this provision:
Provided, that upon the commencement
of such suit, any claimant in such case may
petition to be admitted as a prosecuting
claimant, and the department of justice
SA>~eA
purpose, and shall furnish the same in
blank, with proper instructions for execut-
ing and filing the same. to
any applying claimant, free of
cost, and upon the filing with
the clerk of the court of claims of such
petition, properly executed and verified
under oath, SUCH clerk shall forthwith
notify the department of justice of such fl
ing, and il no notice appears to the con-
trary, SUCH claimant shall be admitted as a
party to the suit, and unless the govern
ment shall traverse any material allegation
IN such petition, no attorney or agent shall
be entitled to demand or receive any gay or
compensation whatever for any services
rendered, or alleged to have been rendered, |
to said applying claimant in connection
with the preparation or filing of said petit
ton, or the presentation of said petitioners
claim; provided that it shall be unlawful
for any attorney to demand or receive any |
fees for services in such suit or collecting |
Of such claims exceeding five per cent. Of |
The amount of any such claim; payment ON |
such Judgment shall only be made to the |
claimant in person, or to the heirs, or adj
mlnistrators, or executors of such claimant,
It dead, and not to any agent, attorney or |
assignee.
This straitjacket amendment left those |
claimants oEt in the cold whose claims |
ranged from $25 to $50. No respectable |
attorney would prosecute q claim for IS or
wen IOr TlU. II might be said that these |
could join hands and hire an at
orney to prosecute their claims. This
Gould hardly be done, for they are scattered
rom Maine to Oregon. Those who think
hat the amendment favored the claimants
~ cheating their attorneys are mistaken.
Y simply deprived the smaller claimants of
he benefit of the law. They cannot prose-
ute their own cases at Washington. And
he amendment makes it unlawful for an
to take fee that would compen-
'atc him for his trouble. How then is the
mall claimant to get his money? II the
government owes the money it is plain that
t should pay it without conditions, the
anne as 1t pays any of its other creditors.
However, Lacey's amendment was carried.
But the really fatal amendment wat one
'ffered by Mr.. Brewer, of Michigan, (rep,), |
which was adopted. 1t took all the life out |
# the bill. Here it is:
Provided further, that this act shall not |
70 operative whenever the court shall find |
nat suc0 laborer, workman or mechanic |
'erformed such labor or service under anv
contract, express or implied, and has been
'a1d therefor The amount agreed upon.
The meaning of this amendment Ia plain.
n some of the arsenals in the vest the
vorkmen were forced to sign a contract to
york ten hours instead of eight. vithout
ny increase of wages, under pain of dis
nlssal. In other places the men worked
en- hours without protest, under threat Of
If they did not do 60. In other
asses tho men worked ten hours under pro-
est. ana in still others worked ten hours
mia I