The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-07
HOW RANSOM KILLED BILL
TO PAY FRAUDULENT BONDS
Hon. Daniel z Goodloe's Unpublished Article Tells
of Important Service Rendered the South
by Senator Ransom.
by Senator Ransom.

Southern afalrS, unless, lndeed, 1t was
intended to meet the conditions of par
ticular case, in which ex-marshall had
been armed with authority to trench upon
the rights of a State.
The Senate took up the House bill on
June /, of the same year, 1874, and re-
ferred it to the judiciary Committee. On
June 8, so respectable man as Mr.. Ere
linghuzsen of New Jersey. reported it
back with the sinister amendment, re-
ferred to. 1t is as follows:
Sec. 2. That the Circuit Courts of the
United States shall have. and are hereby
given, power to issue the writ of man
danaus in all causes at law or in equity
of which they have jurisdiction, and in
which such writ by the common or the
chancery law is an appropriate remedy,
OF bv way of original proceeding where
such writ is necessary to any jurisdiction
possessed by said court and is a proper
remedy"
The bill as amended was passed in the
Senate.
1t went back to the House. for concur
renee in the amendments. Democrats in
that body began to suspect something
wrong. Mr.. Eldredge of Wisconsin moved
that the, bill be referred to the committee
on the judiciary.
Mr.. Butler of Massachusetts, hoped that
the amendments of the Senate would Re
concurred in.
Mr. McCrary, of Kentucky desired to
move an amendment.
The Speaker said the first thing in order
was the question of concurring in the
amendments.
Mr. Eldredge. hope the bill will not
be passed. 1t is a bill that has been de-
fcated once.
Mr.. Butler. of Massachusetts,. 1t has
passed the House.
Mr. Eldredge. There are not ten men,
bers on the floor who know what the
object of the bill is.
Mr. McCrary. l move to amend the
Senate amendment by adding:
Amy service of any writ or process
in any proceeding by mandamus shall be
deemed sufficient if made in accordance
with the statute of the State in which
such proceeding is commenced, regulating
the service of similar process in the State
courts
The Speaker decided that at that stage
of the proceedings a two thirds vote was
necessary TO the adoption of the amend
ment. The vote was taken. and the yeas
were IS, noes SIS, less than two thirds for
the amendment.
But before the vote was taken Butler
said that Every higher State court in
the Union has the right to issue writ
of mandamus This is only to give the
circuit courts within the circuit of their
own jurisdiction the same right.
Mr.. Eldredge. It is bill intended to
take away the rights of the State courts.
Mr.. Butler of Massachusetts,. o, no, it
does not alter the matter hair except
as / have said
After the vote on Mr.. McCrarys amend
ment, the matter was dropped and the bill
was suffered to lie on the Speakers table
for the remainder OF the session.
On the last day of the next session,
March g. 1875, and probably at the
eleventh hour of the day or the night.
when most of the members are half
asleep. the bill and amendment were
struggled through the House, and taken
Immediately over to the Senate. Butler
still stood godfather and assured the
dozen or two members who could keep
their eyes open, that all was right.
In the Senate, March 3, 1875.
House a short time ago announcing its
agreement to the amendments of the Sen
ate to the bill III b. No. 1879 to regulate
proceedings in mandamus. / wish before
the bill is enrolled to have it referred to
the judiciary committee for examination.
The vice-presdent Such a motion would
not be in order at this stage of the bill.
Mr.. Ransom I have consulted with the
al
they think tho bill needs examination.
Mr.. Boutwell, of Massachusetts. If the
bill is here. / think we had better have
tee can look at it.
Mr.. Ransom. The Senator from Mass
achusetts will pardon me for saying that
1t is Il bill in which my State and other
states are greatly concerned. I have con-
suited with the judiciary committee, and
on he suggestion of leading members of
that committee l make the motion that
the bill now be referred to the committee
for examination. The bill has not yet
been enrolled.
The vice-president. The bill is in pos
session of the House of Representatives
1t is not in the possession of the Senate.
Mr. Ransom. Then | move that the
Senate request the recall of the bill from
the House.
The motion was agreed to, and the bill
was returned by the House-to perish in
the arms OF its parents or the judiciary
committee. The. Cincinnati Enquirer of
March 5, the day next after the adjourn
ment, gives the following graphic account
Of the scenes in the Senate chamber that
night:
1.-THE Senate this morning" SAYS the
Enquirer" after its night session. present
ed the appearance of battlefield Scraps
of waste paper, torn up speeches and
mutllated e1oquence, bill and billct-doux
duns and what not, lay scattered all over
the floor in one white, undistinguishable
hitter. The night had been cventful The
ONO Senators Ind killed off the increased
appropriation for the Western rivers, and
q majority of one vote had stricken down
tho appropriation for the Mississippi lc-
wees. despite the earnest labors OF Gen
cral Aicorn. General Ransom has detect
cd a job lngcniousIy covered up in a
House Sill relating to courts. which put
the State courts and the property OF the
Southern people at the mercy of the bold
erS of carpet-bag securities, and with the
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