Year: 1873

!
| they were getting.


The committee find nothing in the conduc
! OF the above named members calling for an,


recommendations. The committee sav fbr


case Of Mr.. Brooks stands upon different
state of facts from the others. They rehearst
at length the evidence showing Brooks efforts
in the press, in his official position in behalf
OF the road, and his operations with Durant
After referring at length to the evidence reIa-
tive to Brooks, the committee say: ''Withou1


further comment upon the evidence, the Com.


mittee find that $50 shares Of stock appearing


on the books Of the Credit Mobilier in the


name of Nelson. were really the stock oil


Brooks, and subject to his control, and


that it was understood by both


parties that Brooks had taken such an


interest in the Credit Mobiller Company, and


was connected with Dnran5. He must be re-


garded as having full knowledge Of the rela-


ton between that company and Of the con-


tract between them. He must have known the
cause of the sudden increase of the value OF
Credit MobliieT' stock and how largo the ex-
pected profits were to be made. We have al
ready expressed our view of the propriety of
members of Congress becoming owners ofstocll
who possess such knowledge but Brooks was
not only member Of Congress, but he was a
Government Director in the Union Pacific
Company. AS such it was his duty to guard
and watch over the interests Of the Govern
ment in the road, and see that they were pro-
tected and preserved, and to insure such
faIthfulness on the part of the Government
Directors Congress very wisely provided
that they should not be stockholders in the
road. Brooks readily saw that though be-
coming st0ckhoiQer in the Credit Mobilier
was not forbidden by the letter OF the law, yet
it was violation OF its spirit and essence, and
therefore had the stock placed in the name of
his son-in-laW. The transfer Of the Oalles
Ames contract to the trustees, the building of
the road under the contract from which the
enormous dividends were all derived. was all
during Brooks official life as a Government
Director, and must have been within his
knowledge; and yet it passed without the
slightest opposition from him. The commit
mittee believe this could not have been done


Without entire disregard of his official obli-
cations and duty and that while appointed
TO guard public interests in the road, he
joined himself with the promoters of a scheme
whereby the government was to be defrauded,
and shared IN the spOils; and in this conclu
sion OF facts upon the evidence the committee
ari agreed.


The committee discuss at great length the
jurisdiction Of the House over it's members.
concluding that the facts in the present cases
simply justify the taking of jurisdiction, for
the following reasons: The subject matter
upon which the action Of members was in
tended to be influenced was of continuous
character, and was as likely to be subject of
Congressional action in future Congresses, a s
in this. The influences brought to bear on
members were as likely to be operative on
them in the future as in the present, and were
so intended. Mr.. Anes and Mr.. Brooks have
both continued members of the House to the
present time, and so have most of the MEM
bers on whom these influences were sought to
be eXerted. The committee are of the Opin-
ion that the acts OF these men should very
properly be treated as offenses against the
present House, and o within its jurisdiction
for the most limited rule.


Two members of the committee, Niblack
and McCreary, prefer to express no opinion on
the general jurisdictonal question discussed
III the report and their Judgment, on the
ground last stated.


In relation to Ames, he sold to several mem
bers OF Congress stock OF the Credit Mobilier
Company at par when it was worth double
that amount OF more, with the purpose and
intent thereby to influence THEN. votes and
decisions upon matters to come before Con-
gross. The facts found in the report as to-
Mr.. Brooks show that he used the influence of
his official position member of Congress
and Government director of the Union Pacific
railroad Company to get fifty shares Of the
stock of the Credit Mobilier Company at par
when it was worth three or four times that
sum, showing that it was given him with the
intent to inference his vote and decision in
Congress and action as Government director.
The sixth section of the act of Feb. 26, 1863, 10
statutes, 7, is IN the following words: IF any
person or persons shall, rirectly or indirectly,
promise, offer, or give, or cause or procure to
be promised, offered, or given away, money,
goods, hight IN action. a bribe, present
Or reward, or any promise, contract, underta-
king, obligation or security for pay, or deiiv-
cry OF any money, goods, right in action,
Dnbe, present or reward, or any other valua-
bic thing whatever to any member of the Sen
ale or House of Representa- tives of the United
States, after his election as such member, and
either before or after he shall have qualified
and taken his seat, or to any officer OF the Uni
ted States or persons holding any place of
trust or profit, or dlscharGing any Official
functions under or in connection with any de-
partment OF the Government of the United
States, after the passage OF this act, With in-
tent to Influence his vote or decision On any
question, mat ter, cause OF proceeding which
may then be pending, or may by law or under
The Constitution Cf the Z tied States be
brought before him in his official ca
pacity, or in his place Of trust or profit. and
shall thereof be convicted, such person or per-
sons so Offering, promising, or giving, or caus-
ing or procuring to be promised, offered or
given, ally such money, goods, right in action,
Dribe. present or reward. or any PROMISE
contract, undertaking, obligation or security
for pay, or delivery of any money. goods.
right in action, 0rlbe, present or reward. or
other valuable things whatever, and the mem
Der, officer, or person who shall in anv wise





Of, shall be liable to Indictment as for high
crime and misdemean9r in any of the courts
OF the United States having Jurisdiction for
the trial OF crimes and misdemeanols and
shall, upon convictiuii thereof. be fined not
exceeding ten times the amount offered
promised or given, and imprisoned in the
penitentitr ry not excecdirg .en years; and
persons convicted of so ccepting or receiving
the same, or any part thereof, if an officer. or
any person holding any s9ch place of trust or
profit as aforesaid, shall forfeit his office or
place, and any person so convicted under this
section shall forever be disqualified to hold
any office OF honor, trust ana profit under the
United States.


In the Judgment of the Committee, the facts
reported in regard to Ames and Brooks would
have justified their conviction under the above
reclted statute and subjected them to the
penalties therein provided The committee
neeG not enlarge upon the dangerous charac-
ter OF these offences. The sense of Congress
is shown by the severe penalty denounced bv
the statute Itself. The offences are not vio-
lation of private rights, but were against the
very life of the constitutional govern
ment by poisoning the fountain of
the committee has been of the most
painful and delicate character They have
performed 1t to the best OF their ability They
have proceeded with great care and deIiberation
for while they desired to do their full duty to
the House ana the country, they were most
anxious not to do injustice to any man. In
forming these conclusions they have intended
to be entirely cool and dIspassionate, not to
allow themselves to be swerved by unpopular
favor on one hand, or any feeling of popular
favor and sympathy on the other The com
nittee submit to the House, and recommend
the adoption of the following resolution


WHEREAS, Mr.. Oakes Ames, a Republican in
this House from the state of Massachusetts.
has been guilty of selling to members of Con-
gress shares Of stock in the Credit Mobilier of
America for prices very much below their val
ue of such stock, with the intent thereby to
influence the votes and decisions of such
members in matters to be brought before
Congress for action therefore