The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-02-04


floral structure, on which the word
honor was marked, stood upon the
desk of Mr. Dubois (Rep. Ida-,) who
had just returned from his ansuccess-
fui campaign for reelection, ana VINO
was warmly welcomed back by SEN
ators from all parties A Dill permit
ting Major General Alex M. McCook
and Captain George Schriever, u .
A, to accept medals from the RUSSIAN
government was passed.
The resolution heretofore offered by
Mr. Allen crop. Neb.,) looking 10 me
delay or prevention OF the Judlc4dl SAFE
of the property OF the Union racine
hallway company. WAS taken up ana
Nh Thurston Ckep. Neb.,)' addressed
the senate on the subject. he quoteu
\ decisions of the supreme court OL the
United States to the effect that the
Thurman act applied only 10 .nOSe
portions of the Union and Central IA
cific roads on which guarantee ponds
had been issued. The government OF
the United States had never issued
guarantee bonds on the Kansas IA
cific or on the Denver Pacific, whose
united lines extended from Kansas
City to Cheyenne, and, therefore, III
dealing with the present SITUATION
there was but one corporate ehIltV
(the Union Pacific.
AS to the Omaha bridge and IT'S APP
proaches, new act OF congress hdu
authorized the Union Pacific company
to issue TWO and a half million dollarS
in bonds for that purpose The prldge
had lost about that sum, but new
double track bridge, costing about ST.
OGO. 600 had been built nine or ten years
ago. These bridge bonds had peen
paid from time to time, until now onIy
about 81, 100000 of them were due. IT,
therefore, happened that the Omaha
bridge and all the approaches on the
east side of the Missouri river were
not covered by any government lien
and all the terminals, all the side
tracks and all the bridges were COW
cred by the first mortgage bonds OF
the company. The lien of the govern
snent, Mr.. ThurSt0n asserted, was
subordinate to the lien Of the first
mortgage which had the right of fore
closure and the right to take possess
ion of the property. He had no doubt
that the United States could supple
ment its lien by subrogating Itself for
the mortgage; but that was TO be
looked at from business point OF
view
The offer made to the government.
Mr. Thurston said, would amount TO
some Sc or 81 per cent of its entire
claim, and the question was whether
it would not be better to accept that
offer than to pay $36,O0O,0 900 FOR 1882
miles of railroad in order to go into
the railroad business.
Mr.. Morgan (Dem. Ala.,) asked Mr.
Thurston whether he held that the
executive branches Of the government
had the right TO make any bargain or
agreement such as had been suS-
gested.
Mr.. Thurston said he made no such
claim. He had serious doubts whether
congress could create a new federal
corporation to operate the Union Pa
cific railroad When the original in
corporation was made the road was
TO run through the territories of the
United States. Now all those terri
tories We're sovereign states, and in
some of them at least there were con-
stitutional prohibitions against the
ownership of land or the operation of
railways by any other than domestic
corporations.
In discussing the question of the
foreclosure suits he was asked by Zr.
Allen (Pop. Neb.,( whether the attor-
ney-general had a right, by virtue of
his Office and without any authority
from congress, to bind the government
by putting in an appearance in those
foreclosure suits
The reply OF Mr.. Thurston was that
the right of the attorney-general to
appear in any suit in which the gov
eminent had an interest was absolutely
beyond question. irrespective of any
legislation on the subject. He added
that the government could be brought
into court by order of the court and
that that had been done in these fore
closure suits. He admitted that con-
gress might take jurisdiction over
those suits in the circuit court but
what wanton, unauthorized, despotic
use of power that would be- Now
when the uttermost rights of the gov
in Of &c
courts. who was it, or what business
interest was it. that said: NO. no:
bring this back into congress. Make
it once more q theme of political and
general agitation. as it had been for
the past 20 years
Mr. Thurston was still speaking when
the morning hour expired (at ? p. M. |
and the unfinished busiaess-the Mica |
raeua canal bill-was laid before the |
senate.
Notice was given by Mr.. Lodge CRep. |
Mass). that he would ask action to- |
morrow on the conference report to |
the immigration bill.
Under the rule. the Allen resolutions |
would have gone TO the calendar, but !
Mr.. Allen asked that they remain on |
the table 1t was well understood he |
sold that no other business but appro- |
priation bills would be transacted this !
session. The bankruptcy bill was in |
the last stages of consumption, and the /
Nicaragua canal bill was about ready |
20 be nailed w in its coffin. Mr.. AL |
lens request met with no objection, |
and the resolutions remain on the vice |
presidents table.
Mr.. Gear. (Rep. la, chairman of the |
Pacific railroad committee, gave notice |
that as soon as the Nicaragua. canal |
bill and the bankruptcy bill were dis |
posed of, he would ask the senate to |
consider the bill for a settlement of the |
Pacific railroad Indebtedness.
The consideration of the Nicaragua |
canal bin was then proceeded with
Mr. Morgan Dem. Ala.), in charge !
of the bill, accepted, with some slight |
notifications, the amendment offered |
yesterday by Mr.. Teller, (Colo.). pro- |
viding that no bonds should be guaran- |
teed until after the survey was made /
and a complete plan was accepted by |
the president, and that no liability !
should be assumed by the government !
if the cost of the canal should appear
to exceed $150.000,000
Mr. Villas (Dem. Wis.,, resumed his |
al Arguments against the bill. In the |
course of an hour and a half. there |
were three calls of the senate in order
to compel senators to hear the argu-
ment, but just as soon and as often as
a quorum were obtained, it faded away |
again Mr.. Villas, however, went on |
with his speech. In the course of it he
was reminded by Mr.. Morgan that the |
Nicaragua canal project had been en-
dorsed by several Democratic national
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