The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-02-12
MIR. DAYTONS
SUCCESS ON
THE FLOOR.
On the Adoption Of a Report on a
Bill for the Relief
THE SAILORS AND MARINES
Who Desired Relief From the Charge
Of DessrtiOn Standing
Against Them.

Special Dispatch to the Intellisencer.
WASHINGTON, Feb, l1.-Represent-
alive Dayton has had his first .brush"
on the floor OF the house this session,
and carried his point. When the COM
mittee on naval analrs was called.
lust before the adjournment for the
week, Mr.. Foss, as acting chairman,
brought before the house the bill to
amend section OF the act to relieve
certain enlisted men in the navy and
marine corps from the charge of de-
.ertIon. The intent of the amendment
Was TO remove the limit of time tive
years. within which application for re-
lief may be received and acted upon
under the provisions OF the law.
Point Of Order Raised.
After calling up the bill Mr.. Foss
called for the reading Of the report,
which had been written by Mr.. Dayton,
and Mr.. Payne, of New York, made
4 point of order against it. Mr. Foss
at once yielded the floor to Mr.. Day
ton. who, he said, was morp familiar
than he with the provisions Of the mea-
sure. Mr. Dayton explained the bill and
expressed the hope that the point OF
order would not be sustained. The bill,
he said, merely placed sailors and mar
ines on an equal footing with the sol
dIers Of the United States, and was an
act OF Justice.
A Lucid Explanation.
In response to questions. Mr.. Dayton
said there was no possibility OF the
question OF back pay arising under the
bill but Its benehciaries, II relieved Of
the charge Of desertion. would be en-
titled to apply for pensions. After a
protracted discussion, participated in
By Maddox, Cummings, Robinson,
Payne, Cannon. Grosvenor. Fitzgerald,
OF Massachusetts; Steele, of Indiana,
and others, and Mr.. Dayton, Mr.. Payne
insisted on his point OF order, taking
the position that the bill was not on the
proper calendar. The speaker over
ruled the point. and discussion OF the
bill proceeded. in the course Of which
Mr. Dayton said:
Defended the country's Defenders.
Just one word. The act by which
we gave this relief to enlisted men in
the navy and marine corps Of the
United States was approved August A.
1855. The provisions are the same as
have been stated by the gentleman
from Ohio. The only trouble about the
matter WIS that this proviso was at
tached to the fifth section:
That all applications for relief un-
der this ac: shall be made to and filed
with the secretary OF the navy within
a period Of i've years from and after
its passage; and all applications not
SO made and filed within the said term
of five years shall be forever barred,
and shall no; be received or consId-
ered.'
Now. the purpose and object Of this
bill Is slmpy to repeal that clause and
enable parties to apply under the law
for tn relief which the act contemplates
though they may not have Hled theIr
applications within Ave years from the
passage OF the act. This law was found
TO operate beuehciaiiy; no complaint
ever arose under 1t; It remOverd a vast
burden from the shoulders of congress
in the consideration of these cases, APP
plIcation rfter application Of men who
desired to be relieved from these
charges OF desertIOn has been made to
the navy department and has come
back here with the stereotyped reply
that the department Is poWerless TO
consider the case because of the pro-
Niso which I have just read.
Il wish TO say that the secretary Of
the navy In at least three of the last
reports submitted by him to congress,
has recommended the passage OF this
legislation. It has been earnestly sought
for by the Judge advocates ofice, be-
cause almost the same labor involved in
passing upon and determining the mer-
its Of these applications for the removal
of the charge Of desertlOn has been
done by that department anyhow. After
going to the department the party
comes to the halls of Congress asking
relief, and before II is granted we ask
the advice Of the department, together
with the record Of the man, In order
to determine whether we shall grant
the relief or not. So that think, un-
der the circumstances. there can be
no reasonable objection to this meas
ure.
AS my colleague on the committee
(Mr cumminSS) has stated, 1t has been
reported favOratly by US in at least two
former congresses"
The result of the discussion was that
the bill passed.