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5872 OONGRES~IONAL RECORD-SENATE. JULY 8,

ion and state in the pa-ssage of any bill or resolution to close the World's Exposition on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. BRANCH: Petit ion of M. M. Alexander and others, of Washington County, N. C., asking Congress for an appropri­ation to make Deep Creek, a tributary to Albemarle Sound, nav­igable-to the Committee on Rivers and Harbors.

By Mr. BRYAN: Fourteen petitions of citizens of Nebraska, as follows: Of Plainview, Pierce County; of Fullerton, Vance County; of Tecumseh , Johnson County; of Stockville , Frontier County; of Grant, P erkins County; of Tecumseh, . Johnson County, and of eight petitions of Lincoln, Lancaster County, all asking the enactment of a law forbidding the sale, manufacture , and importation of cigarettes-to the Committe e on Ways and Means.

Also, petition of members of Young People~s Society of the First United Presbyterian Church of Pawnee City, Nebr., ask­ing for the closing of the World's Fair on Sunday-to the Select Committee on the Columbian Exposition.

Also, petition of H. Henningar and others of Syracuse, Otoe County, Nebr., against any bill or resolution to close the World's Fair on Sundays-to the Select Committee on the Columbia Ex-position. ·

Also, p 3tit ion of 25 citizens of Omaha, Nebr., asking for the pasmge of House bill 8369 giving women the right to vote for members of the House of Representatives-to the Select Com­mittee on Election of President and Vice-President and Repre­sentatives in Congress.

Aim, petition of the National Woman's Christian Temperance Union, asking that no exposition for which appropriations are made by Congress shall be opened on Sundays-to the Select Committee on the Columbian Exposition.

By Mr. BUNN: Papers in the claim of DanielGooch,of Wake County, N. C.-to the Committ9e on War Claims. Als~, papers in the claim of Kendrick M. C. Beasley, of Johns­

ton County, N. C.-to the Committee on War Claims. By Mr. CHIPMAN: Two petitions of citizens of Detroit, Mich. ,

one of Walter B. McEnally and others, and the other of A. C. Lahan and others, both against Congressional interference with opening or closing the World's Fair on Sunday-to the Select Committee on the Columbian Exposition. ·

Bv Mr. CLOVER: Protest of John Wood and 22 members of the ~Seventh-Day Adventist Church and 87 others, against any action being taken by Congress in reg-ard to the opening or clos­ing of the World's Fair on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. FUNSTON: PetitionoftheNational Woman's Christian Temperance Union, a-sking that no exposition for which appro­priations are made by Congress shall be opened on Sunday-to the Select Committee on the Columbian Exposition.

Also, petition of the citizens of Spring Hill, Kans., for the en­actment of a law to prohibit the sale of liquors at the National Soldiers' Home at Leavenworth, Kans.-to the Select Commit-tee on the Alcoholic Liquor Traffic. ·

Also, petition of citizens of Wyandotte, Kans., against closing the World~s Fair on Sunday-to the Select Committee .on the Columbian Exposition.

By Mr . HARMER: Petitionof300citizensofthe United States, repnsentino- the Second Presbyterian Church of Philadelphia, Pa.~ also 650 members of the Reformed Presbyterian Church; also the Christian Church, of Bucks County, Pa., adverse to an appropriation by Congress to the Columbian Exposition unless it be closed to visitors on Sundays-to the Select Committee on the Columbian Exposition. .

B.v Mr. HENDERSON of Iowa: Petition of 33 citizens of Steamboat Rock, Iowa, protesting against Congressional action in reference to closing the World's Col urn bian Exposition on Sun­day-to the Select Committee on the Columbian Exposition.

By Mr. HOOKER of New York: Two petitions of citizens of New York, one by FrankW. Stevens and31 others, and 'the other by citizens of Jamestown and 20 members of the Seventh-Day Adventist Church, against the passage of any bill or resolution to close the World's Fair on Sunday~t.o the Select Committee on the Columbian Exposition. ·

By Mr. LAWSON of Georgia (by request): Petition of citi­zens of Georgia , against the closing of the World's Columbian E xposition on Sunday-to the Select Committee on the Colum­bian Exposition.

By Mr. OTIS: Petition of the quarterly meeting of the Soci­ety of Friends, held at Buffalo, Kans., asking for prohibition of the liquor traffic and the closing of the Exposition grounds on Sunday at the World's Exposition in Chicago-:-to the SelectCom-mitfue on the Columbian Exposition. ·

By Mr. POST: Petition of citizens of· Ontario, ill., and vicin­ity, against Sunday opening of the World's Fair-to the Select Committee on the Columbian Exposition.

By Mr. WILLIAM A. STONE: Petition of citizens of illinois, for the passage of House bill401, restricting immigration-to the Select Committee on Immigration and Naturalization.

Also, petition of citizens of Pennsylvania, for the pa sage of House bill 401, re3tricting immigration-to the Select Commit­tee on Immigration and Naturalization.

Also, petition of citizens of New J ersey, for the pas~ageof House bill 401, restricting immigration-to the Select Committee on Immigration and Naturalization.

Also, petition of citizens of Pennsylvania, for the passage of an amendment prohibiting an establishment of religion-to the Committee on the Judiciary.

By"Mr. TOWNSEND: R esolution of Sil vcr Club of Pueblo, Colo., in favor of the passage of bill for free and unlimited coinage of silver-to the Committee on Coinage, Weights,andMeasures.

Also, petition of citizens of Clear Creek Co!lnty, Colo., in favor of the passage of bill for .free and unlimited coinage of silver-to the Committee on Coinage, Weights, and Measures.

By Mr. WHITE: Pi>pers and documents to accompany Hous~ bill 5664-to the Committee on Military Affairs.

• SENATE.

FRIDAY, July 8, 18.92.

Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. The Journal of yesterday's proceedings was read and approved.

EX..IWU'l'l VE COMMUNICATIONS. The VICE-PRESIDENT. The Chair lays bafore the Senate

a communication from the Attorney-General of the United States, transmitting, in pursuance of a resoLution of the Senate and a request by the Senator from Idaho [Mr. SHOUP], a list of all the judgments which have not been r eversed or set aside rendered in the Court of Claims in Indian depredation cases in favor of claimants up to July 1, 1892, under the act of March 3, 1891, to provide for the adjudication and payment of claims arising from Indian depredations , with the date of each judgment. The com­munication, with the accompanying papers, will be referred to the Select Committee on Indian Dapredations, and printed.

Mr. COCKRELL. The communication ought to go to the Committee on Claims. .

Mr. CHANDLER.. The subject is before the Select Commit. t ee on Indian Depredations.

Mr. MITCHELL. I ask that the communication be printed, The VICE-PRESIDENT. That order has been made. Mr. MITCHELL. VerJ well. The VICE-PRESIDENT laid before the Senate a communica·

tion from the Secratary of the Interior~ transmitting a letter from the Commissioner of Indian Affairs, with the a.ccompanying draft of a bill for the relief of the Eastern band of Cherokee In­dians in North Carolina; which, on motion of Mr. DAWES, wa-s, with the accompanyiug papers, referred to the Committee on Indian Affairs, and ordered to be printed.

OBITUARY ADDRESS ON THE LATE SENATOR BARBOUR.

Mr. DANIEL. Mr. President, I bag leave to give notice that on Friday, the 22d of July, at 2 o'clock, I shall offer resolutions in honor of the memory of my late colleague, Hon. JohnS. Bar­bour, and ask the Senate to take appropriate action thereon.

PETITIONS AND MEMORIALS. The VICE-PRESIDENT presented petitions of Division No.

7, Ancient Order of Hicernians, of Broolykn, N. Y.; of Division No.1, Ancient Order of Hibernians, of Centralia, Pa.; of the Montgomery Club, of B :·ooklyn, N.Y.; of the Thurman Club, of 'Brooklyn. N.Y.; of the Knights of St. Patrick, of Brooklyn, N. Y., and of Long Island Lodge 0. P. Plasters No.2, of Brooklyn, N.Y., praying that st-eps be taken looking to the release of Dr. Thomas Gallagher, of Brooklyn, N.Y. from imprisonment in England; which were referred ta the Committee on Foreign Re­lations.

Mr. PALMER. I present over GCO memorials, signed by many hundreds of citiz~n3 of the country, r esiding in various States , remonstrating against the clo :in 5 of the World's Co· lumbia::.1 Exposit:on 0::1 Sund.:1y. I move that the memorials be refcrrad t::> the Select Committe ) on the Quadro-Centennial.

The motion was agreed to. Mr. QUAYpresentedmemorialsof EncampmentNo. 72, Union

Veteran Legion; of Encampment No. 43, Union Veteran Legion; of Encampment No. 11, Union Veteran Legion of Pennsylvania, remonstrating against the remov .al of charges of desertion ex­cept upon evidence that the cage ~s a just a~d. meritori?us one; which were referred to the .Committee on Military Affairs. _

He also presented a petition of Capt. George J. Lawrence Post,

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1892. CONGRESSIONAL RECOR.D-SENATE. 5873 ~o.17, Grand A:my of the Republic, of Minersville, Pa., pray­lng for the erectwn of a monument commemorating the glorious deeds of the enlisted men in the late war; which was referred to the Committee on Military Affairs.

Mr. PROCTOR presented the memorial of Mrs. I. H. Archer and other citizens of Taftsville, Vt., remonstrating against the commitment of the United States Government to a union of re­ligion and the state, by the passage of any legislation closing the World's Columbian Exposition on Sunday; \Vhich was re­ferred to the Committee on the Quadro-Centennial (Select).

REPORTS OF COMMITTEES. • · Mr. DAWES. I am instructed by the Committee on Appro­

priations, to whom was referred the bill (H. R. 8533) making ap­propriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other_purposes, to report it with amend­ments.

I wish to state that the Senator from Maryland [Mr. GoRMAN] or the _Senator from Nevada [Mr. STEWART], who were associ­ated with me as a subcommittee on ,.t.he bili, will call it up for action at a very early period.

The VICE-PRESIDENT. The bill will be placed on the Cal­endar.

Mr. McMILLAN, from the Committee on the District of Co­lumbia, to whom was referred the bill (H. R. 8579) to incorporate the Petworth, Brightwood and Takoma Park Railway Company of the District of Columbia, reported it with an amendment.

_He also, from the same committee, to whom was referred the bil~ (S. 1876) to incorporate the East Washington Crosstown Ra:>.lway Company of the District of Columbia, reported it with amendments, and submitted a report thereon.

Mr. GALLINGER, from the Committee on the District of Co­lumbia, to wJ;lom was refe~red the bill (8.1271) for the purchase of the Washmgton Gas-Light Company's works, submitted an adverse re:port thereon; which was agreed to, and the bill was postponed rndefinitely.

Mr. MANDERSON, from the Committee on Military Affairs, to whom WftS referred the bill (S. 3314) for the relief of E. Dar­w.in Gage, late lieutenant-colonel of the One hundred and forty­eight? New York Infantry, reported it without amendment, and submitted a report thereon. ~r. HARRIS. I am directed by the Committee on the Dis­

triCt of Columbia, to which was referred the bill (S. 2629) to in­corporate the Maryland and Washington Railway Company to report i~. adversely, the cm;nmittee having already reported a House bul on the same subJect. I move that this bill be post­poned indefinitely.

The motion was agreed to. Mr. PROCTOR, from the Committee on Military Affairs to

whom was referred the bill (S.1723) to authorize the Secret~ry of War to appoint a board of review in certain cases, reported adversely thereon, and the bill was postponed indefinitely . .

Mr. HANSBROUGH, from the Committee on the District of Colum~ia, to whom was referred the bill (H. R. 6793) to provide !or semi~nn~al statements_ by foreign corporations doing business m the DlBtriCt of Columbia, reported it with an amendment.

Mr_. WOLCOTT. I am directed by the Committee on Civil Service and Retrenchment, to whom was referred the bill (S. 3024) to exempt veterans from competitive examinations in the clas­sified service of the United States, to report it without recom­mendation, and I move that it be placed on the Calendar.

The motion was agreed to. Mr. QUAY, from the Committee on Public Buildings and

Grounds, to whom was referred the bill (S.1137) providing for the erection of a public building at the city of Walla Walla in the State of Washington, reported it without amendment. '

EMPLOYMENT OF ADDITIONAL PAGES.

Mr. JONES of Nevada, from the Committee to Audit and Con­trol the Contingent Expenses of the Senate to whom was re­ferred the resolut~on ~ubmitted by Mr. McP~ERSON, December 15, 1891,_ reported It without ~mendment, and it was considered by unammous consent, and agreed to, as follows:

R esolved, FJ;hat the Se!gea.nt-at-Ar!Us. is directed to employ during the present sesswn, in additiOn to the exlStmg force two additional pages said employes to be paid from the miscellaneous items of the contingent fun::l of the Senate.

BILLS INTRODUCED. Mr. BLACKBURN introduced a bill (S. 3395) to remit the

penalties on gunboat No.3, the Concord, and gunboat No.4 the Bennington; which was read twice by its title and with th~ ac­companying paper, referred to the Committee'on Naval Affairs.

. Mr. GALLI~q-ER introduced a b~l (S. 3396) granting a llen­swn to Col. Wilham H. Browne; which was rea-d twice by its ti­tle, and referred to the Committee on Pensions.

Mr. PERKINS (by request) introduced a joint re3olution (S.

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R. 95) concerning the use of alphabetic law in public printinO'· which was read twice by it3 title, and referred to the Commit~~ on Printing.

AMENDMENTS TO A BILL.

Mr. DANIEL submitted two ame::1dments intended to be pro­posed by him to the deficiency appropriation bill; which were re~erred to the Committee on Appropriations, and ordered to be prmted.

OPENING OF WORLD'S COLUMBIAN EXPOSITION. ~r. ~ILL introdu~ed. a bill (S . 3394) changing the date for the

?-ediCatu~n of the bmldings of the World's Columbian Exposi­Iton; which was read the first time by its title.

Mr. HILL. I ask that the bill be read at length. The VICE-PRESIDENT. The bill will be read at length for

information. The bill was read the second time at length, as follows:

Be it enacted, etc., That the date for the dedication of the buildings of the World's Columbian Exposition is hereby changed from the 12th day of Octo­ber, 1892, to the 21st day of October, 1892.

Mr. IDLL. Mr. President, in connection with this bill I de­sire to make a brief statement. . The act of Congress which became a law April 25 1890 pro­vided that the dedication of the buildings of the World's C~lum­bian Exposition should take place on the 12th dav of October 1892. There was some question raised at the time as to the pro~ priet~ of that date. It seems to be now conceded that, strictly speakmg, the date should be the 21st day of October according to our present calendar. The 12th day of October was according to the old system.

It has been proposed since the passaO'e of th9.t act that there should be celebrations throughout the "'country in honor of the discovery of America by Columbus. They are to be held in dif­!erent parts of the nation. Great preparations have been made m the State of New York for a celebration to take place in the city of New York on the 12th day of October next. That date was fixed by an act of the Legislature of the State of New York and an appropriation has been. made for the celebration. Th~ Legislature has adjourned. It can not well be reconvened. That celebration would conflict to some extent with the dedications of the buildings in the city of Chicago.

It has now been proposed that the date for the dedication of the buildings at Chicago should be changed. It is desired by the managers on the part of the State of New York that this should be done. It is desired by the citizens of the State 'of New York. The celebration at New York will be simply a prelimi­nary o_ne to the grand celebration at Chicago. It will attract att~ntwn to the o_n~ at Chicago. It will certainly aid the one at Chicago. The citizens of New York, especially the public offi­cials of that State, desire to participate in the openinO' of the Exhibition buildings at Chicago, which they can not well do un­less the date is changed.

I have consulted with the two Senator s from the State of Illi­nois. They inform me that they have no objection to the pas­sage of the bill. I have consulted with the president secretary and executive officers of the World's Columbian Exposition' many of whom are now in the city, and they inform me that they have no objection to the passa$e of the bill. On the contrary, they are disposed to approve It, although they do not desire to take any affirmative action in that r espect. They have :c.o power to do it themselves. The act of 18~0 absolutely provides that ­the dedication shall take place on the 12th day of October. There is, therefore, no objection upon the part of the officers of the Expositi?n; there is n_o. objection _on the yar.t of anybody ?onnected with the ExpositiOn; there IS no obJectiOn anywhere rn the country that I am aware of. ·

Under these circumstances, as the bill is a short one and as it is desired that the change of date, if made, should be' known at once, so that preparations for the various cslebrations may be made accordingly, I a:>k unanimous co::tsent that the bill may now have consideration.

Mr. CULLOM. Mr. President, I do not rise to oppose there­quest of the Senator from New York, nor do I rise to make any extended remarks in reference to this bill.

My understanding is, from some correspondence with the au­thorities connected with the World's Columbian Exposition at Chicago, that they a:-e ' not disposed to interpose any objection to the change of the date. indicated by the bill of the Senator ~r~m New York: The authorities there feel, as we all feel, that It IS a proper thmg to accommodate each other in reference to this matter.

As the Senator from New York states, the preparation by the Legislature of that State having been made, and being unchan.ge­ab~e except by a call of the Legislature of the Stat3 in special s2ssion for that purpose, so far as I know the authorities con­nected with the World's Fair at Chicago and the p·sople inter-

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5874 CONGRESSIONAL RECORD-SENATE. JULY 8,

ested in that great Exhibition are not disposed to offer any ob­jection to the passage of the bill changing the date from the 12th to the 21st of October, 1892.

The VICE-PRESIDENT. Is there objection to the request of the Senator from New York that the bill be now considered?

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.

The bill was reported b the Senate without amendment, or­dered to be engrossed for a third reading, read the third time, and passed.

REPRINT OF A BILL.

Mr. CHANDLER. I move that bill (S.l210) to authorize the payment to Rear-Admiral John H. Russell of the highest pay of his grade be reprint-ed, owing to a typographical error in the previous print.

The motion was agreed to. MOBILE AND GIRARD RAILROAD COMPANY.

Mr. CARLISLE. If there is no further morning business, I desire to ask the unanimous consent of the Senate to proceed to the consideration of the bill (H. R. 1239) for the r elief of the Mobile and Girard Railroad Company. It is a bill which has passed the other House two or three times. ·

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the bill. It proposes to pay to the Mobile and Girard Railroad Company $2,298.24, due the railroad company fo_,. transporting paroled prisoners.

The bill was reported to the Senate without amendment, or­dered to a third reading, read the third time, and passed.

RIOT AT HOMESTEAD, PA. Mr. GALLINGER. Mr. President, I gave not ice yesterday

that when the Committee to Audit and Control the Contingent Expenses of the Senate should make a report on the matters be­fore that committee relating to recent occurrence3 in Pennsyl­vania, I should take occasion to briefly address the Senate on the ubject. As I understand that the committ-ee are now delib­erating, and pending their deliberations I will inflict a few re­marks upon the Senate now.

:M:r. President, when I offered the resolution for an inquiry into the unfortunat occurrences at Homestead, Pa., I did EO

hoping that an investigation would be ordered and the facts reported to the Senate without a partisan discussion, and without reference to anything but what properly attaches to an inquiry of that kind. In this I have been disappointed, as the Senator from Indiana fMr. VOORHEES] saw fit on yesterday, in discussing the matter, to arraign the Republican party, and to heatedly declare that the tariff system is responsible for the unfortunate outbreak and bloodshed in Pennsylvania.

I listened to the Senator's denunciation of the Republican party in general, and of Mr. Carnegie in particular, with proper deference, but after the Senator had concluded I did not discover that he had made any very valuable contribution to the discus­sion, except to carry Indiana, New York, and illinois for the party to which he belongs, all of which States, he gravely as­sured us, are .sure to vote the Democratic ticket. Such prophe­cies, Mr. President, were rife in 1888, but the result at the polls showed then, as it will probably show in November next, that even statesmen sometimes prophecy from insufficient and false premises. For more than thirty years it has been a favorite pastime of the Democratic party to elect Presidents in July, but which action they have usually failed to ratify in November.

The Senator from Indiana depicted the prosperity of the country during the existence of the Walker tariff of 1846. The Senator from Missouri [Mr. VEST], a few days before, treated the Senate to a learned disquisition on the same subject-indeed the tariff-for-revenue-only period from 1846 to 1861 seems to be the magnet that never fails to draw eloquent utterances from Democratic orators. Heaven only knows what would become of our Democratic friends if those fifteen years of American history were blotted out.

But, Mr. President, what are the facts as to the operations of the Walker tariff?

Beyond a doubt there was a fictitious- prosperity for a few years after the enactment of this law, but its final results, like a~l low .tariffs which have been tried in this country, brought disa.ster to our people and desolation to our industries. And in that di~astrous ending no class.suff~red as did the laboring men, who3e mterests, our Democratw fr1ends would now have us be­lieve, they have always sought to protect and promote.

The Senator from Nevada {Mr. STEWART] very properly sug­gested yesterday in debate that the prosperity which followed the enactment ::>f the tariff law of 1846 was largely due to the dis­covery of gold in California, and he might well have added that the famine in Ireland, the Mexican war, and,. the Crimean war, resulting in a demand for every surplus bushel of grain that we could produce, as well as for vast quantities of manufactured

goo~s, had also an important bearing upon the prosperity of that perwd.

But w~s this a period of real prosperity to the country? Let us examme the record and see.

It seems that from 1850 to 1861 the gold mines of California yielded $641,000,000 in coin. The total amount of gold and sil­ver e~ported to other countries f.rom the Unit3d States during that trme was $4.34,206,752, of wh1ch $1,150,000 was silver, leav­ing $433,056,752 of gold, or more than two-thirds of the entire product of the mines. We imported during the same period $82,316,736 of gold and silver coin and bullion, thusleavino- a dif­ference against us of $350,740,016 exported during the oeleven years. For the entire pariod, from 1846 to 1861, the balance against us of gold and silver was $389,390,025.

During that period the balance of foreign trade was against us every one of the :fifteen years except two, the exceptions being the years 1847 and 18:>8. The amount in our favor during those J:"ears was $4.2,989,869, while the aggregate against us was $4.74,-045,590. Tabulated the showing is as follows: Thirteen ypars, balance against us ________________ $4.74, 645, 590 Two years, balance in om· favor__ _________________ 42, 989, 869

Total balance against us ___________ ~ _ _ _ _ _ _ _ _ 431, 655, 621 In other words, we bought $-!31,655, G21 worth of goods of va­

rious kinds from other nations of the world durin')' those fifteen years, over which the Democratic party never ce"'ases to boast, more than we sold to them, and we sent them $398,390,025 of gold and silver more than they returned to us.

Can it be possible that, under such circumstances, the country was prosperous? On that point I desire to call two eminent Dem­ocratic witnesses, Presidents Fillmore and Buchanan.

In December, 1852, six yeara only after the enactment of the Walker tariff President Fillmore sent a messaO'e to Congress, and after calling attention to the fact that two years before he had pointed out certain defects in the tariff legislation of the country, he said:

Nothing has since occurred to change my Yiews on this important ques­tion. Without repeating the arguments contained in my former message in favor of discriminating, protective duties, I deem it my duty to call your attention to one or two other considerations affecting this subject. The first is, the etiect of large importations of foreign goods upon our currency. Most of the _gold of California, as fast as it is coined, finds its way directly to Europe m payment !or goods purchased. In the second ;place, a.s our manufacturing establishments are broken down by competition with for­eigners, the capital invested in them is lost, thousands of honest and indus­triollS citizens are thrown out of employment, and the farmer, to that ex­tent, is deprived or a home market for the sale of his surplus produce. In. the third place, the destruction of our manufactures leaves the foreigner without competition in our market, and he consequently raises the price of the article sent here for sale, as is now seen in the increased cost of iron im­ported from England. The prosperity and wealth of every nation must de­pend upon its productive industry.

What an object lesson is that for the people of this country. 1. Large import!'l.tions of foreign goods drain the gold and

silver from us. 2. With low tariff our manufactures are broken down by com­

petition with foreigners, the capital invested in them is lost, and thousands of honest and industrious citizens are thrown out of employment.

3. In ·consequence of this the farmer is deprived of a home market for the sale of his agricultural products.

4. The destruction of our manufactures leaves the foreigner without competition in our market, and he raises the price of the article sent here for sale.

Why, Mr. President, that sounds like inspiration, and it is much to be regretted that in these degenerate days of the old Democratic party there is no one left among them to defend and promulgaw· the teachings of Millard Fillmore.

That wasin1852. The Walker tariff continued until the time when that other eminent Democratic statesman, James Buch­anan, was elected to the. Presidency. It became his duty to ad­dress Congress and the people of the country. What did he find as we neared the end of this wonderful era of low tariff? Did he di£cover the grand results that Senators on the other side of this Chamber are in the habit of depicting? Let the record speak for itself. I read from President Buchanan's inaugural address:

We have possessed all the elements of material wealth in rich abundance, and yet, notwithstanding all these advantages, our country, in its monetary interests, is at the present moment in a deplorable condition. In the midst of unsurpassed plenty in all the productions of agriculture, and in all the ele· ments of national wealth, we find om· manufactures suspended, our public works retarded, our private enterp1·ises of ditrerent kinds abandoned, and thousands of useful laborers thrown out of employment and reduced to want. The revenue of the Government, which is chiefly.derived from duties on im­ports from abroad, has been greatly reduced, whilst the appropriations made by Congress at its last session for the current fiscal year are very large in amount. Under these circumstances a loan may be required before the close of your present session; but this, although deeply to be regretted, would prove to be only a slight misfortune when compared with the suf!ering and distress prevailing among the people. With this the Government can not fail deeply to sympathize, though it may be without the power to extend re­lief .

Another object lesson, :Mr. President, by a Democratic states-

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- ·. 1892. OONGRESSIONAL RECORD-. SENATE. 5875 man. More testimony that low tariff destroyed manufactures, causing public works to be retarded, private enterprises to be abandoned, and thousands of honest and industrious workmen to be thrown out of employment and reduced to want. That was in the good old days of Democratic rule. Had it been in 1892 in­stead of 1857, how Democratic orators and newspapers would have denounced the tariff, abused Carnegie and the Republican party, and made & spectacle of themselves generally.

I need not dwell on events at the close of those fifteen years of low tariff. They are known to all the world. The Republican party came into power in 1860, and the legacy it received from the Democratic party was an empty treasury, Government bonds selling at 85 cents on the dollar, a loan almost impossible of negotiation, and a gigantic rebellion to be met and suppressed.

Mr. President, if that is a record of which the Democratic party should be proud the Republican party can well afford to accord them all the glory that attaches to it.

I have alluded to the tariff history of this period at greater length than I otherwise would have done had not its rehearsal from the Democratic standpoint become somewhat monotonous. It is a record of disaster, not of prosperity, of shame and not of honor.

And now, Mr. Pre3ident, I come to a consideration of the real . question at issue, the causes and consequences of the conflict be­tween capital and labor at Homestead, Pa. I have listened to the denunciation of the Pinkerton detectives, and am impressed with the belief that the system under which they are employed is a vicious one, and that they can well be dispensed with. I trust the committee, if one is raised for this purpose, will thoroughly investigate that phase of the question, and give the country reliable information concerning the employment of these men. I believe they should be disbanded at once, yet pending the inquiry I do not care to-denounce them as assassins, as some Senators have doue.

As to the contest between Mr. Carnegie and his workmen, my impression is that the investigation will show that both sides to the unfortunate controversy were in a measure to blame, and it is well for us in the heat of debate not to assume teo much in a matter of this kind. Capital is often selfish, arrogant, and des­potic, yet capital has rights as well as labor, and employes as well as employers, sometimes do wrong. For myself I sympathize with the laboring man always, but in this instance it must be re­membered that the scale of prices submitted by the company did not very materially affect wages, and had the matter been sub­mitted to arbitration, as it should have been, doubtless all trou­ble would have been averted. It is well, also, not to forget that the manufacturers' scale, with the reduction proposed, gave nearly twice what England pays for similar work, almost three times what is paid in Belgium, and more than was paid in this country a few years ago. ·

But it is asserted that Carnegie has grown rich, and that the tariff enabled him to do so.

Concede that and wb,at does it prove? Have not other men in this country not engaged in manufac­

turing grown rich, some of whom are Democrats and some Re­publicans?

Have not men in England grown rich, some in manufacturing and some in other pursuits? _ t

Did not Bessemer accumulate great wealth i.rl'England, inde­pendent oi a tariff, in the same line of manufacturing as Car­negie?

Are our Democratic friends prepared to say that any scheme can be devised to keep some men from getting rich and to pre­vent others from remaining poor?

But while Carnegie and some other manufacturers have grown rich, what of the wrecks of manufacturingindustriesallover the North? Aye, what of the wrecks of manufacturing industries in the South as well? Are we in this matter to establish a system of bookkeeping with no debtor side to it?

I have listened·to the denunciations of Northern manufactur­ers by Southern public men many times: and the query has always come to me, "if there is so much profit in manufacturing, why does not the South engage more l'argely in it?" You have your magnificent water ways; why not use them for manufacturing purposes as we use the water ways of theN orth? Why send your raw cotton to Manchester, England, and Manchester, N. R., to be m~ufactured into cloth, and then bewail your misfortunes and abuse those who have invested their capital in mills and looms and machinery?

Why, Mr. President, New Hampshire caJ?ital within a few weeks produced the first sewing machine ever manufactured in the Southern States.

With cheap coal, cheap iron, cheap wood, and cheap labor, why does notsome part of the solid South invest Southern money and make their own sewing machines, if the profits of manu­facturing are so great?

Why not build up a rival esta.blishmen t to Carnegie's and show to the world how much more generous you are toward labor than the people of the North? Let us hope that when you establish that great manufacturing plant you will not employ convict labor in it, as you are doing in the mines and on the railroads of the South to-day.

Mr. President, a few days ago it was my privilege to sail down Chesapeake Bay past that mammoth manufacturing establish­ment at Steelton, planted there and equipped by Northern en­terprise and Northern capital, and as I looked out on that large community of well-paid and prosperous mechanics I wondered whether either of the Senators from Maryland would, if he could, deprive the men who have invested their millions there of the protection that the tariff affords them. Cer-tain it is that without that protection the streets of Steelton would be as silent as those of Nineveh, and the products of that great mill would be transferred to similar establishments on the other side of the Atlantic.

It has been said that the tariff and the Republican party are responsible for this outbreak in Pennsylvania. How absurd that is.

What about the labor riots in Great Britain, tenfold worse than this?

What about the "long strike" in Wales, where hunareds of people actually perished from .starvation? Those poor people were fighting for just enough to sustain life, while in this coun­try the laboring man can always live, his contention usually be­ing, as in this instance, for a larger share of the profits than he is receiving.

The tariJf has nothing to do with labor riots except to prevent them. How can a policy which has brought unparalleled pros­perity to the country, and given good wages and · comfortable homes to workingmen, be responsible for tumult and disorder? Not disaster, but prosperity and happiness, follow in the wake of tariff legislation, and higher rather than lower duties are needed in some lines to keep out the products of the underpaid labor of European and Asiatic countries.

Not the tariff, Mr. President, but the greed of human nature, illustrated in all agesof theworldandin all nations of the earth, and the surplus of cheap, servile, and too often criminal labor of foreign lands that is continually pouring in on us are largely re­sponsible for troubles such as we are considering. I speak for • myself when I say that the remedy lies, not in tariff reduction, but in the reduction of undesirable immigration, and in the asser­tion on the part of our Government of a policy that will protect our own people at the expense of those from other lands. Not only must the foreign product be taxed, but in some way the alien pauper and criminal must be effectually kept from our shores. The day has passed when we canwelcomeallclassesand conditions of men to this countrv, and before long we may be confronted with the problem as· to who shall be received and who refused. There should be no politics in this. The inter­ests of good government and of the laboring man will demand it. How truthfully does Thomas Bailey Aldrich depict this danger in his poem, ''Unguarded Gates," in the Atlantic Monthly for .July:

"0 Liberty, white goddess! is it well To leave the gates unguarded? On thy breast Fold Sorrow's children, soothe the hurts or rate, Lift the down-trodden, but with hand o:1' steel Stay those who to thy sacred portals come To waste the gifts o:1' freedom. Have a care Lest from thy brow the clustered stars be torn And trampled in the dust. For so of old The thronging Goth and Vandal trampled Rome, And where the temples of the Cresars stood The lean wolf unmolested mad~ her lair."

Mr. President, I listened attentively to the earnest words of the Senator from Indiana in behalf of the unfortunate working people of Homestead. With all my heart I join in his utterances on that point. No man need urge me to look kindly on laboring men. I have been in their ranks, and have shared with them adversity as well as prosperity. I see those brave men before me now. I see their loyal and devoted wives, with their children in their arms. To them my profoundest sympathy goes out, and as I think of them I thank God that I belong to a political party that has done so much for the laboring men of this country.

I recall the fact that in the darkest days of slavery's rebellion the great Republican party enacted the homestead law, under which and subsequent legislation 52,985,038 a.cres of the public domain have been given to the laboring men of this country, without money and without price, on which land there is to-day a population of not less than a million and a half of people.

Neither have I forgotten that during that terrible strife the Republican party placed its arms of lo\-e and mercy under four millions of human serfs, and lifted them from unrequited toil to the high plane of manhood and citizenship.

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5876 CONGRESSIONAL RECORD- SENATE. JULY 8,

The Republican party has no apologies to make for its at­titude on the great question of labor. In addition to what I have enumerated, our record on that question is emphasized and perfected in the enactment of the tariff laws of 1861 and 1890, under which the laboring men of this country have prospere<Jr as no other laboring men have prospered on the face of the earth.

Mr. President, no man need tell me that the tariff laws do not benefit labor in this country.

I was born in a colony of Great Britain and under the flag of free trade. At my borne was a magnificent water-power, unex­celled anywhere, but there were no mills, no employment, and no market for the product of the land. So it continued for many years. But after a time that colony repudiated the economic doctrines of the mother country and adopted a tariff law very similar to that of the United States. Mills-cotton, woolen, and paper-are now in that town. The population has doubled in a few years. Everybody who wants work is employed, and the farmer has a market at his door for tl:le product of his farm. Ask those people to go back to free trade; ask them to adopt the policy of a tariff for revenue only, and the answer will promptly come: "We tried all that to our sorrow, and we propose to stand by the policy which has brought happiness, contentment, and prosperity to our people."

The people of New England have adjusted their affairs in har­mony with tariff legislation. They have diversified their in­dustries and planted on every stream workshops and mills. As a result the laboring man is employed, good wages are paid, and practically nothing is known of the suffering and distress of which we hear so much in this Chamber. Tens of million~ of dollars are in the savings banks of my own little State, to the credit of the wage-earners alone. Strike down the tariff, bring our operatives in competition with those of countries where less wages are paid, and either our mills will close o the operatives will be compelled to work for wages such as are paid in England to-day. Which would happen? The latter beyond a doubt. Capital is powerful, labor is weak. The manufacturer, under low tariff, will protect himself by reducing wages, and the gain under Democratic policy will be to rob the workingman of this country of the comforts and luxuries he now enjoys, anc re­duce him to the level of operatives whose daily toil produces only the barest necessaries of life.

. It is an easy ma-tter to call the manufacturers of this country "robbers" and "tyrants," but it should . not be forgotten that they have invested their capital in mills and machinery, and are giving employment to men who otherwise would go unemployed. Look at the town of Homestead, concerning which this inquiry is to be made. It is a model manufacturing town, built on 1,000 acres of land, lying in a great bend of the Monongahela River, and rising gently by terraces to sloping hills and knolls. The town is about thirteen years old. It has been built by the Car­negie workmen. Most of the residences are owned by the men who live in them. Many of the houses are carpeted, and pianos are a common thing in the homes of the workmen. There are no tenement houses, no flats, and no hovels. Ea.ch house has its plat of ground in front and rear. The town has its opera house, schools, churches, and halls for the various social organizations to which the young people belong.

Mr. President, where can such~ manufacturing town be found except in this country?

Such towns are scattered all over New England, and are the pride and boast of our people. They are the outgrowth of the tariff system, and under a tariff for revenue only would practi­cally cease to exist.

When the Senator from Missouri [Mr. VEST] was so pathetic­ally calling attention a few days ago to the fact that certain grades of foreign cutlery h:I:d advance.d in price unde~ the Mc­Kinley bill, I thought of a little town m New Hampshire where cutlery is manufactured by American workingmen from Ameri­can material. It is a beautiful town. Evidences of thrift and culture are on every hand. The workingmen own their homes, and have more comforts and luxuries than can be found in the homes of workingmen in any other country on the face of the earth. Reduce the tariff on cutlery and the workingmen in this beautiful village will come in direct competition with those of Sheffield, the result of which I need not detail. To-day bettsr cutlery is made in this country than in England, and it sells for a trifle less. There is no need of any man buying foreign cut­lery, and hence the appeal of the Senator from Missouri need not alarm thos9 who are content to patronize American manu­facturers, encourage American industries, and thus practically help the American artisan.

The United States is essentially a country of homes, and in this respect we differ from free-trade countries. The iron workers of England are among the best paid of that country's workmen, and yet only one man out of every twenty-five occupies his own home; while in the United States, according to the census of 1880, one out of every six of our people owned the house in which

he lived. In Philadelphia, the great city of the leading iron­producing State of the Union, there is one home ·to ever;y five inhabitants. A recent British r.arliamentary report on the Hous­ing of working classes says: 'Even in the country districts, where we would expect to find more homes, human beingfil are crowded· together in a condition considerably worse than that in which the beasts that p arish are usually kept by their owners."

Protection is the safeguard of the American home. To it we owe thelargenumberof homesownedand occupied by our work­ingmen. The tariff maintains the American rate of wages. The higher wagesenablesourpeople tomakesavings,and from these savings comes the home, wit h its ind13pendence and its comforts. Without protection many of the homes of American workingmen would disappear, and with them would also disappear much of the broad, manly, and intelligent spirit of our people.

Mr. President, I appeal to Senators to investigate and learn for themselves what a contrast to American manufacturing towns do tbose of England present. Read the views of Brassey, the great English author, and judge the condition of the English laborer. Look at Leeds, that great English city of 200,000 souls, where the chief of police asserts that he does not know a single instance where a laboring man or m 9chanic owns the house in which he lives. Do not ask the laboring men of thig country to accept a heritage like that; rather let us all unite to advance the interests of the laboring classes by upholding the tariff legisla­tion of the Republican party, and by keeping in mind the fact that without American industries American labor will go unem­ployed. -

ENROLLED BILLS SIGNED.

A message from the H ouse of R~presentatives, by Mr. T. 0. TOWLES, its Chief Clerk, announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by the Vice-President:

A bill (S. 552) to amend the act approved March 1,1887, relat­ing to the hospital corps of the Army;

A bill (S. 2729) to amend an act entitled "An act to establish circuit courts of appeals, and to define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes;"

A bill (H. R. 2398) granting a pension to WilliamS. Wood­ward;

A bill (H. R.5034) to increase the pension of Michael Lahey; A bill (H. R. 5330) for the relief of Frederick Meredith, late a

soldier in the Indian war of 1832; A bill (H. R . 5342) granting a pension to ;Harmon H. McElvey; A bill (H. R . 5431) authorizing the issuing of patents for loca­

tions with C8rtificatesgranted under the act of Congress approved August 5, 1854, entitled "An act for the relief of the legal heirs of Benjamin Metoyer;" ·

A bill (H. R . 6023) for the relief of Elizabeth T. Boyd and Joel S . Hawkins, of Alabama;

A bill (H. R. 6140) granting a pension to Mrs. Elizabeth R. Willson;

A bill (H. R. 6509) granting a pension to Herman Heinze; A bill (H. R . 7688} to grant lot numbered 1 in block numbered

72 of the Hot Springs Reservation to the school district of the city of Hot Spri~gs for school purposes;

A bill (H. R. IS20} making appropriations for the construc· tion, repair, and preservation of certain public works on rivers and harbors, and for other purposes; and

A bill (H. R. 821)4) to punish the carrying or s3lling of deadly or dangerous weapons within the District of Columbia, and for other purposes.

SUNDRY CIVIL APPROPRIATION BILL. Mr. ALLISON. I move that the Senate proceed to the con·

sideration of House bill 7520, b 3ing the sundry civil appropria­tion bill .

The motion was agreed to; and the Senate, as in Committ2e of the Whole, resumed the consideration of the bill (H. R. 7520) making appropriations for sundry civil expenses of the Govern­ment for the fiscal year ending June 30, 1 93, and for other pur­poses.

The VICE-PRESIDENT- The reading of the bill will be re· sumed.

The Secretary resumed the r 2ading of the bill at line 7, on page 60, beginning with the claus3 making appropriatio~ for "surveying the public lands:/'

The next amendment of the Committee on Appropriations was, in the appropriations for "surveying the public lands," on page 60, line 8, before the word "thousand," to strike out" two hun­dred" and insert ''three hundred a-nd seventy-fi-ve; " so as to make the it-=m read:

For surveys and resurveys of public lan.ds, $S75,00J dollar s, a t rates not ex­ceeding $9 per linear mile for stan da,rd and tnJ>Ol.nder lines, $7 for township, an:l $5 for section lines.

Mr. SHOUP. I will state to the Sen~tor from Iowa, who has

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1892. CONGRESSIONAL RECORD-SENATE. 5877 charge of this bill, that I desire to offer an amendment to the amendment of the committee, but I shall reserye my amendment until after the reading of the bill is completed, if the privilege is reserved to me "00 offer the amendment at that time.

Mr. ALLISON. I think the Senator had better offer his amend­ment now, as I understand it is an amendment t:l the amend­ment reported by the committee. . Mr. SHOUP. It is an amendment to the amendment of the committee.

Mr. ALLISON. If the amendment of the committee is agreed to, it will be a little awkward to change it again until the bill gets into the Senate. Therefore, I think the Senator may just as well offer his amendment now.

Mr. SHOUP. I move to strike out in line 9, on page 60, be­fore the word "thousand," the words "three hundred and seventy-five," which is the amendment reported by the com­mittee, and insert" four hundred and fifty;" so as to make the amount of the appropriation for surveys and resurveys of public lands $450,000. In support of this amendment I desire to offer a few remarks.

Mr. President, the surveys of the public lands are of the ut­most importance to the people of the State that I have the honor in part to represent in this branch of Congress. I therefore deem

· it appropriate that I sbould make a few observations on the pend­ing question for an increase over the amount appropriated by the House of Representatives and also over the amount proposed by the Senate committee for that purpose. In my opinion there is no class of citi:z.ens entitled to more consideration and encour­agement by Congress than those who have endured the hard­ships and privations incident to reclaiming the wild lands of the West, transposing the deserts, plateaus, valleys, and mountain slopes into productive farms and comfortable homes. They have built schoolhouses and churches, the influence of which are es­tablished upon a permanent and enduring basis. The music of church bells and the anthems of trained choira are as mn~h a part of the social system of our people as it is a factor in the lives of the people of any other portion of the UnHed ~tate3. But there is a certain degree of unrest among them that will con­tinue to exist until their lands are surveyed and their title thereto secured.

I will here quote an extract from my views on this subject, as presented in my report for the fiscal year ending June 30, 1889, to the honorable Secretary of the Interior, namely:

There should be larger appropriations made for the survey of public lands in Idaho. Hundreds of settlers have spent half an average lifetime upon their farms; have erected valuable buildings; have constructed ir­rigating canals at the cost of thousands of dollars; have connected their farms with towns by grading excellent roads and building bridges, and yet they can obtain no legal title to the lands which they have made of the great­est value. They are still "squatters," tolerated by the Government, their rights subject to dispute, and not transferable in any valid manner. The pioneers of Idaho do not deserve such treatment. They have helped to create wealth which is a part of the riches of the country; under the greatest diffi­culties they have upheld American institutions, established American schools, and cultivated loyalty and love of freedom and justice; they have obeyed the the laws and defended them. * * *

The Department should provide pay and appliances demanded by a moun­tainous country. The survey should not only be a surface measurement of land, but it should also be a mineral and a geological survey; it should be an assistant in our irrigation system, andchartforforests and streams. * * *

The surveyors of the United States should not lag twenty years behind our pioneers,--rather the·surveyors should themselves be the pioneer corps to open to universal knowledge the wealth of Idaho, and the great West. ~very consideration of justice, every sound business principle, every

thought of loyalty to our own land and om· own people should prompt Con­gress to make the most generous provision for a complete survey of the un­surveyed portions of Idaho.

Before my report was completed for the year 1890, Idaho had been admitted into the Union of States and Congress had made liberal appropriations of lands for school, university, and other State institutions.

I will now quote from my report of 1890: The selection of State lands for school, university, and other purposes is

important and will reg.uire liberal appropriations. If the present policy of small appropriations 1s continued, the result will be the survey of a small tract each year, and the land will be occupied by settlers before the State can have the opportunity to make selections. With liberal appropriations large tracts would be surveyed, giving the State the opportunity to make selections, thereby protecting the institutions for which the lands appropri­ated were intended. I addressed a communication to the surveyor-general of the State on this subject and respectfully submit his reply thereto.

''DEPARTMENT OF THE INTERIOR, "OFFICE OF THE UNITED STATES SURVEYOR-GENERAL,

".Dist1'ict of idaho, Boise Oity, October 14, 18JO. '' Sm: In answer to your communication of the 13th instant, asking this

office for any information it might be able to fm•nish relating to the unset­tled and unsurveyed lands of the State still open for selection as State lands under various grants made for school, university, and other purposes, I would say there are large tracts of unsettled and unsurveyed agricultural lands still remaining in the State, principally in the counties of Bingham, Bear Lake, Oneida, Cassia, Owyhee, Logan, Elmore, Ada, and Washington, in South Idaho, and Nez Perce, Latah, Kootenai, and Soshoue, in North Idaho.

"There is now a bill pending in Congress, which it is expected will pass soon, for the pm·chase of a large part of the Creur d'Alene Indian Reserva­tion in Kootenai County. This tract is largely fine agricultural land, need­ing no irrigation. If the Department could be prevailed upon to have this

land surveyed before throwing it open for settlement, the State would then have an opportunity to make selections of valuable lands that otherwise would undoubtedly be taken by settlers before surveys could be made.

•·Anything I can do in my o:fllcial c:J.pacity to forward these selections and assist the State will gladly be done.

"Very respectfully, "WILLIS H. PETTIT

"f:nited States Surveyor-General for Idalw. "Hon. GEORGE L. SHOUP,

"Governor of Idaho."

The bill above referred to became a law by 2.ct of Congres~ on March 3, 1891, whereby the Cceur d'Alene Indians ceded to the Government a valuable tract of agricultural land. These lands are now baing occupied by people s3eking homes, and should be surveyed at the ea~liest day possible.

I also quote from the report of the register and rec~iver of the United States land office at Blackfoot, Idaho:

The matter of extending the surYeys over th3 public lands is one that should have immediate attention by Congress. A great dea.l of hardship is undergone every year by settlers upon uns11rveyed lands, and a vast amount of useless litigation is the outgrowth of the failure of the Government to execute surveys where they are urgently needed aud demanded.

Congress &ome timesincecut off about 300,000acres of the southern portion of t.he Fort Hall Indian Reservation, upon which there has been considera­ble settlement for years. The failure to appropriate the necessary money for survey of this tract has rendered the situation as complicated as ever, and a great deal of complaint is heard from the people, who are pra:::tically deprived of their titles, after all these years. The question can not be urged or pressed too strongly by you in your recommendation to the honorable Secretarv.

Mr. President, I have called attention to the foregoing exteacts embodied in my reports as evidence that fur many years the pioneers who settled on the public lands have suffered great in­convenience3 and privations. Our farmera, as a rule, are intelli­gent, the majority being Americans. They are industrious, and their homes are surrounded with comforts not usually found in the home of the early settler. A better class of buildings would, however, be ere"Cted and more extensive improvements made were the lands surveyed and lines estt.blished.

A large portion of the agricultural area of Idaho requires irri -­gation. The construction of irrigating- canals is expensive and is absolutely necessary for the purpose of conveying water for the reclamation of land in the arid districts and for domestic purposes; and what I haye said in this respect in relation to Idaho will apply to all of the naw States and the Territories within the limits of the arid belt; in fact, all of the Western and Northwestern State& are interested and demand a fair appropri­ation for the surveys of the public domain.

In the northern part of my State there is an extensive grant of land to the Northern Pa-cific Railway Company, covering odd sections fQr 40 miles on each side of said road, with an indemnity limit in addition thereto of 10 miles on both sides, making a total width of 100 miles across the State, only a fraction of which is surveyed. Within the limits of this grant there are a num­ber of thrifty towns, and hundreds of our citizens have settled on these lands, reclaiming and bringing them under the highest '5tate of cultivation and making for themselves permanent homes. These settlers have made urgent appeals for a survey, as there is no other way to determine whether they have settled on Gov­ernment or· on rail way lands. They are fearful that if their homes and improvements are located on lands belonging to the com­pany an excessive price will be exacted of them because of the improvements they (the settlers) have made. This fear may or may not be well founded. The company, appreciating the hard­ships endured by the settlers in improvb.g the lands and in de­veloping the country, may make no reckoning of the enhanced value created at the expense and labor of the occupants.

On the other hand, it is urged that corporations usually ex­act all that a property can be made to realize. On these lands are large tracts of valus.ble timber, upon which speculators are foraging, and when arrested for violation of law and brought into court on the charge oE trespas3 upon the public lands they defy us to prove whether the depredationsallegc:d were committed on the public domain or on the odd sections belonging to the rail­road company. We find ourselves unable to produce the evi­dence, the land being unsuneyed. The cases are dismissed and the defendants walk out of court to ·renew their profitable voca­tion. We are in this way losing millions upon millions of feet each year of our bast timber. These lands were gran ted to the. Northern Pacific Railway Company by actofCongressapproved July 2, 1864. The odd sections in this grant can not be located or segregated from the public domain while the lands remain un­surveyed; therefore the importanca of an early survey must be apparent to every Senator.

The State, counties, and schools, as well n.s individuals, suffer by not having this land grant and all other agricultural lands in the State surveyed, as they are exempt from taxation, and will continue to be exempt as long as they remain a part of the pub­lic domain. Those occupying these lands would gladly, if their titles were secure, pay taxes on the same. I may add that there is another reason as important as any already given why the

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5878 CONGRESSIONAL RECORD-SENATE. JULY 8,

~ublic lands should be surveyed. Congressinadmittingthenew f;states made liberal grants of lands for educational and other in­~stitutions, which were fully appreciated by the citizens of all of the new States; but these grants are of little value unless we se­cure an early survey. This was apparent to me when Idaho was admitted; hence my letter to the surveyor-general of the State, under date of October, 1890, referred to in the opening of my re­marks. His reply suggested thepossibilityof reliefthrough the GBneral Land Office.

I then addressed a letter to the Commissioner, who informed me that there was no provision of law that would permit these­lection of 1ands for State institutions -prior to survey and filing of plats in the local land offices; the land would then be open, alike to the State and individuals, for location and entry. We have been untiring in our efforts to secure the survey of -public lands for the protection of those who for many years have occu­pied them and for the purpose of securing the State lands in­tended for the maintenanoe of schools, colleges, universities, penal, and reformatory institutions.

Congress wisely provided that the interest only on the mo~ey realized from the sale of these lands could be used for the mam­tenance of the institutions for which they were donated. But the object sought by Congress in making the said grants will fail, provided the domain from which the selections are to be made is not speedily surveyed. The time is not far distant when all public lands of value will be located and occupied, as there is a steady flow of immigration from all parts of the Union to the We3t. Where else can they go with the hope of securing homes on Government lands? I sincerely hope that the Senate will un­derstand and appreciate the importance of a liberal appropria­tion.

I will here submit a copy of a letter from the Commissioner of the General Land Office to the honorable Secretary of the Interior, which I send to tJ:le Clerk's desk, with the request that it be read.

The Secretary read as follows: DEPARTME~'T OF THE INTERIOR, GENERAL LA.."<D OFFICE,

Washington, IJ. C., Jfay 23, 1892. Sm: In reply to yom· oral request of this date, relating to the appropria­

tions for surveying public lands, I beg to hand you herewith copies of two letters bearing upon the subject, viz:

1. To the Secretary at the Interior, dated April 8, 1892; a.nd 2. To .Representative D. B. HENDERSON, dated March 31, 1892. It is hoped that the facts stated in these letters will meet the desire ex­

pressed by you for information bearing upon tha subject. Very respectfully,

THOS. H. CARTER, Commissioner. Hon. GEORGE L. SHOUP,

United ,States Senate.

DEPARTMENT OF THE INTERIOR. GENERAL LAND OFFICE, Washington, IJ. C., .April8, 1892.

S.rn: The sundry civil bill, as reported to the House by the Committee on Appropriations, contemplates the appropriation of the sum of $100,000 for surveys of public lands for the fiscal year ending June 30, 1893, of which sum $20 000 is made available for examinations in the field, and for other purposes.

It is a well-known fact that the amount assigned for examinations during any given fiscal year must be largely expended in the examination of sur­veys executed under the surveying appropriations for the previous year or years.

The appropriation for surveys during the current year was $400,000 (includ­ing $40,000 for examinations), nearly all of which has been or will. be con­tracted for before the close of the fiscal year, and much of the surveymgdone under said appropriation will not be returned until after the close of the fiscal year.

There now remains but a small balance of the examination fund for the current year, all of which will have been expended by the 30th of June next. The following statement shows, in r9und fi~es, the amounts of ou~stand­ing contracts in the several surveymg distr1cts, the field examinatwns of which have not been ordered (in many cases the surveys are not yet com­pleted):

Sun·eying district.

.Al•izona .... __ -------------­California----------------­Colorado------------------Idaho----------------------Minnesota-------- _______ _ Montana. ________ ------ ___ _ New Mexico ______________ _ North Dakota-------------

Amount of contracts.

$1,900 8700 5:000

47,000 5,600

. 22,400 14,200 16,700

Sm·veying district.

Oregon-------------------­South Dakota------------Utah-----------------=----Washington-------------­Wyoming-----------------

Total ___ --------------

Amount of contracts.

$22,200 20,600 9,000

65,000 20,000

258,300

By far the greater portion of the surveys embraced in these contracts, as well as a considerable portion of the surveys to be made out of the new ap­propriation, must of necessity be examined in the field during the ensuing fl.scal year, and the amount provided for examinations in the pending ap­propriation bill will be inadequate to meet the exigencies of the service. I am clearly of the opinion that at least $40,000 will be needed for examina­tions of surveys in the field during the fiscal year ending June 30, 1893, and I earnestly recommend that the necessity for the appropriation of that sum be brought to the attention of the.Senate and House Committees onAppropria-~~ .

Should the amount remain as at present in the sundry civil bill, the serv­ice will be injru·iously affected, long delays will occur in the acceptance of such surveys as can not be examined, the deputy surveyors who have exe­cuted the worlr will be subjected to undue expense in the way of interest upon borrowed money, the actual settlers inconvenienced by reason of nonfiling

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of plats in local land offices, and selections under the land grants to new States will be delayed.

Very respecttully, THOS. H. CARTER, Commissioner.

The Hon. SECRETARY OF THE INTERIOR. Mr. SHOUP. Mr. President, the estima~s for the ensuing

fiscal year of the surveyors-general of the six new States are as follows: South Dakota ________ ------------·---------------------------------------- $50,000 Nort.h Dakota ______________ ---------------------------------------________ 54,000 Idaho ____ ------____________________________________________________________ 74,900

Montana __________ ------ ____ ------ ------·------ ---------------------------- 200,000 Washington ____________ ----------- ______ ---------- ____ ------ ______________ 130,000 Wyoming ________ -----------------------------------------------------____ 60,280

Total for the six new States alone -------------------------------- 56J, 180 I will now quote from the report of the surveyor-general of my

State to the Commissioner of the General Land Office, giving his estimates necessary for surveys for the fiscal year ending June 30, 1893, viz:

The urgency of a large appropriation for field surveying service in this State is beyond question. In all parts of the State settlements are far ahead of the surveys, and besides this the State has large donations of land for schools and other purposes, which must be selected trom the unsettled public lands, almost all of which are unsurveyed. The State land commissioners have asked for surveys amounting to almost the entire apportionment for the State for the fiscal year 1892. 'l'o enable the State to get the lands donated the surveys should be made ahead of the settlements. As only about one­third of the available lands of the State are now suryeyed, I do not think the amount asked for is too large.

Mr. President, I now repeat that a liberal appropriation for the surveys of the public lands should be made; otherwise the public-lands States, but more especially the new States, will suf­fer an irreparable loss. Idaho alone should have $75,000 out of the present appropriation.

The total distribution out of the appropriations for surveys for the past five years for Idaho was $79,338. During the same pe­rioq the cash receipt from sales of lands in my State amounted to nearly $600,000, and much more would have been realized by the Government had the apportionment been sufficient for ex­amination of the work of the surveyors and for the office of the surveyor-general of the State.

It should be understood by Congress that while the appro­priation for surveys of public lands is of great value to the pub­lic-lands States, that it is but a temporary loan. It is provided by law that the money expended for the survey of the Northern Pacific Railway land grant shall be refunded to the Government by said company, and the receipts from the sales of public•lands are many times greater than all the charges against them.

Surely the House would not have reduced the appropriation for surveys to such an insignificant amount had it fully under­stood its importance to the people of the West, and that any amount appropriated for this purpose is soon returned, bringing a large revenue with it from the sale of lands, to the United States Treasury. .

My State alone has an area of 86,000 square miles, and the sur­veyor-general of the State certifies to the fact that not more than one-third of the agricultural .lands have been surveyed. Much of the unsurveyed land is now occupied and much more will be occupied by home seekers before surveys can be made. However, with an appropriation of $75,000 for surveys in my State and a sum in proportion for clerk hire in the surveyor­general's office, sufficient advance would be made during the next fiscal year to enable our State land commissioners to select and locate large tracts of land for school and other State insti­tutionS.

I am well aware, Mr. President, that this question does not directly affect the majority of the States; but! wish to say to the Senators from these States that it is of vital importance to the Senators from the West, and to the thousands of citizens who at one time were residents and electors of the States you now rep­resent on this floor, many of whom you personally know, and who with a laudable ambition to better their condition and an inspiring hope to secure a home and a heritage for their fami­lies have settled on unsurveyed lands.

There is no politics in this appropriation, as the settlers on the public domain are nearly evenly divided as between the two great political parties.

Mr. ALLEN! Mr. President, I had understood when this bill was presented to the Senate tha~no amendments would be enter­tained until those proposed by the Committee on Appropriations had been disposed of. I was instructed by the Committee on Public Lands to report back favorably a proposed amendment to this bill makino- an increase of the appropriations for the public surveys from d'oo,ooo, the amount then fixed in the House bill, to $600,000, and to increase the appropriations for office work and the test of the field work proportionately. In obedience to that instruction of the Committee on Public Lands, and as its report, I presented a proposed amendment increasing the appro­priations for surveys to the amount of $600,000, which was prop­erly referred to, the Committee on Appropriations.

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1892. CONGRESSIONAL RECORD-SENATE. 5879 1\Ir. ALLISON. I will say to the Senator from Washington mittee on the subject and transmitting that letter says, after re·

~hat the amendment of the Senator from Idaho [Mr. SHOUP] is citing its transmission: m order it beino- an amendment to an amendment of the com- As stated by the Commissioner, the portions of the general appropriations mittee ~nd ther~fore must be considered at this moment. I do for surveys allotted to the State of Washington "have been and will be em· not kn~w but that the amendment of the Senator from Wash- braced in awarded and approved contracts for surveys within said State, in ID• gton I's of the same character·, if so, it ought to be considered compliance with the terms of the acts making said appropriations, giving preference to lands occupied by actual settlP.rs. '' now. This is the same condition in other of the new States, and, as the demand

1\Ir. SHOUP. 1\'ly amendment is proposed to the amendment for the survey of lands for settlement purposes is yearly increasing in these Of the Commi. ttee. States, it is apparent that some means is necessary in order to protect these

States in their grants for university, college, charitable, reformatory, and 111r. ALLEN. Substantially it is one and the same thing. I other institutions, so that the requisite selections necessary to satisfy these

s,uppose the Senator from Idaho has no objection to the ~motmt grants maybe made before the great body of the available unsurveyed lands d d b th C tte shall have been appropriated by settlers.

beino- further increased as r ecommen e Y e ommi e on While I can see no objection to the present bill, yet I am of the opinion Publlc Lands. There is no danger of having too generous ap· that the appropriation should be so increased as to extend the operation of propriations for the suryeys of ~he P~l?lic lands. . . the acts to the other States, and the legislation thus made general, infitead

Mr. President, the primary dispositiOn of thepubhc domam of of special. the United States is an act of sovereignt~, and part and pa:r:cal Mr. President, acting upon that information respecting the of that system is the survey of the public lands a~d preparmg State of Washington, which is but the count~rpart of all the them for disposition under the land laws of the Umted Stat::s . newly admitted States of the Union, the Committee on Public

No difference what the wish or what the purpose or what the Lands unhesitatingly directed that this proposed appropriation patriotic disposition of the Western States may be to aid the of $600,000 be made. If one will look at the history of the public General Government in the survey of the public lands, to place surveys he will reach the conclusion very quickly that this is them in a condition where they may be intelligently identified not an exorbitant demand. I think, until the year 1880, appro· and accurately described and disposed of, is entirely beyond their priations were made special to the particular States, but that power. Those States are compelled to await the action ?f the about that time a new system was inaugurated by which a gen­Government. TheexpenditureoftheGeneralGovernmentmthe eral or lump sum was appropriated for the survey oi the entire survey of the public lands is an inevitable and a necessary ex- public domain and apportioned among the different States and penditure. It must be made sooner or later. 'fhe work may be Territories in the discration of the Secretary of the Interior. delayed and by small and niggardly appropriations it may be done In reviewing the history of these appropriations 1 fin~ this by piecemeal, but ti;e most intelligent .manner in which it can be fact: Dating from the inauguration of that system, about the done will be to do It promptly, to do 1t at once, so as to meet all year 1880, the appropriations I find directly made averaged the exigencies of the advancing civilization of our times and the $350,000 per annum for the succeeding five years, inclusive of demands which are constantly made in all places for the prepara- 1880 and 1884. But along with this system there was another tion of the public lands. for private and indiyidual uses. system far more liberal and far more extensive. Under the

Mr. President, I was mstructed to offer this amendment by the special deposit system, which had been inaugurated before and Committee on Public Lands from the fact that correspondence extended by the act of March 3, 1879, persons desiring to make had taken place between that committee and the In~erior De- settlement or purchase of the public lands of the United States partment respecting a bill which I introduced, proposmg an ap- were permitted to go to . the land offic3 and make deposits of propriation of $200,000 for a survey of the public lands in the money for the purpose of securing the surveys. These deposits State of Washino-ton. On that bill being referred to the In- became in the nature of negotiable c 3rtificates, which the Gov­teriorDepartme;t, a prompt repl.Y ?arne, to which I wish to c~ll ernment of the United States received in payment of the pur­the attention of the Senate. This IS the letter of the Comm1s- chase price of its land. The result was, that under that system sioner of the General Land Office: of special deposits surveys were made in amount exceeding

DEP.ARl'MENT OF THE INTERIOR, GENERAL LAND OFFICE, $1,000,000 per annum. So in the five years beginning With 1880 Washington, IJ. G., May~. 1892• and closing with 1884, I find by this system alone soille $5,813,368

sm: I am in receipt, by departmental reference of April 27, 1892, for r~ d d · th f th bl. 1 d kin ill port of a copy of Senate bill (S. 2918) "to provide for the survey of public were ex pen e In e survey o e pu IC an s rna g' as w lands in the State of washington." Said bill was referred to the Depn.rt- be seen, one million and nearly two hundred thousand dollars ment by the chairman of the Senate Committee on Public Lands, with are- per annum in addition to the regular annual appropriation oi quest for the views thereon of the Department. f $350 000

Said bill provides, in effect, for the appropriation of the sum of $200,000, ~o an average o ' · be immediately available, the same to be eX})ended for surveys of the publiC There were abuses no doubt under that system, but it resulted lands in the State of Washington at rates of mileage not exceeding the mini· in extended surveys. It resulted in enabling many States of the mum ($9 $1 $5) and the special maximum ($25, $23, $20) for the standard and U · t 1 te th · d h 11 th 1 d · co meander, township, and section lines, respectively; the latter rates to apply nion o comp e eir surveys an ave a e an sIn a n-only to lands that are heavily timbered, mountainous, or covered with dense dition subject to appropriation and disposition by the General undergrowth. Said sum to be e~ended under the direction of the Secre- Government. t3fl ~~:h~t~~~~ded in said bill that of the sum herein appropriated an But the 1?-eW: States ?f the Union, t.he remote States, were not amount not exceeding $40,000 may be eX})ended for examinations of said pub- the beneficiaries of thiS system. This was before the day of the lie surveyf!, to te.st the. accuracy of the~ork and for thenecessaryomcework I extension of the railroads into our n ew States. This was before in connectiOn With said surveys. th am· · f St te Th · ns s s of money In reply I have the honor to report that in view of the fact that the ena- e a ISSIOn o ou~ ~ew a s . ese Imme e um bling act ot February 22, 1889, admitting the State of Washin~ton into the went to other locah~Ies and to other parts of the Government. Union, ~onated.lands aggregating 868,opo acres for public buildings, State ' Immediately following upon this system, and at the time when university, agri~tural college, scientific and normal scho91s, an~ .state our States had the railroads extended to them and when emi-charitable, educatwnal, penal, and reformatory institutiC?ns, m ~ditlon.to . . . . ' . the school-land grant of sections 16 and 36 in each township, and mdemmty gratwn on a gigantlC scale began to move mto these regwns a selections connected with said school s~ctions, it is ~pp~re~t that an early radically different system was adopted. The special deposit s'!lrvey of the public lands in said State 1~ nec~ssary m order that the requi· system was practically repealed and annulled, and ha.; cut no Site selections may be made before the remaining unsurveyed lands shall . h f th bl' l d . th t d t Th have been settled upon. figure In t e surveys o e pu lC an s smce a a e. e

The apportionments made to the State of Washington of the app1·op~a- annual appropriations were greatly r educed, going down to $100,­tions for public surveys for the last past ~nd the present fiscal years aggte- 000 and even $50 000 for two or three years with rates so low gate $149,000 ($85,000 and $64,000}, all of which amounts have been and will be ' ' , ' . ~mbraced in awarded and approved contracts for surveys within said State that even those amounts nad to be covered back mto the Treas· in compliance with the te~ of the acts making said appropriation gi':ing ury in a number of the Western or Pacific Slope States; and par­preference to lands occupied by bona :fid~settlers. Although said apportiOn- t'cularly was that true in thA State which I have the honor in ments were by the terms ofthe actsappllcableto the survey of lands granted ·I • to the State of Washington by the act of February 22, 1889, it does not ap· par~ to represent. pear that to the present date the State has made an.Y formal application to But Mr President we have still the other fact that the gen · this omce for surveys in connection with said selectwns, and the apportion· ' · ' . . ' f f plents were consequently expended in the survey of lands occupied by actual erous system of appropriatwn had been cut off; that or our or settlers, thus leavmgthe lands to be surveyed for State purposes to be here- five years preceding the admission of those States they practi-af~ll{eoJ%~~:~tion to the State or washington isannua.Uyincrea.singand cally had been without appropriatio~s fo~ th.e survey of their the demand for lands for settlement purposes is yearly growing larger, it is lands. We add to that the fact that In thlS time of nee~ great obvious that the interests of the State in the matter of said selections should systems of transportation were opened out, and means of Ingress be p:rotected and a s~cial appropriation made for that purpose, and in· into that part of the country were afforded so that population clu<Ung surveys in the mterest of settlers. · · · d ds f th

I have, therefore, no hesitation in recommending that the appropriation from all parts of the Unwn poured Into It by hun re o ou-of $200,000 as embodied in Senate bill 2918, .for the purposes therein stated, sands, taking up homes on the public domain. l;>e made, hi order that the State .of Washingt:<Jn m:_ty be .enabled to make We had had this order of things encouraO'ed by the General selections at an early date of desrrable lands m satisfaction of the grants ho bl. d · · herein referred to and of school-indemnity lands; also providing for the sur· Government, that a settler should go upon t e pu IC omarn m vel ot lands occuEied in whole or in part by actual settlers. ad vance of all surveys. His presence there was not a trespass;

en-t-~r bi~~~1~ct~JJ;ewith returned. he was there by invitation of the Government, and upor; the faith Y P ' THOS. H. CAR'l.'ER, Commissioner. and the assurance that the Government would follow hun up and

The Ron. the SECRETARY oF THE INTERIOR. in the spe~diest practical time identify his land, survey it, and Tbe Secretary of the Interior, in corresponding with_the com- enable him to acquire the legal title which he e1uitably had by

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5880 C-ONGRESSIONAL RECORD-SENATE. JULY 8,

going in advance and complying with the requirements of the law.

Not only that, but in addition to this immense demand made for the actual settlement of our lands, so great that the public surveys have been running hopelessly behind, in these years we have had the -admission of these new States with grants made by the General Government of a most munificent character. I think none of those States but feel that the General Govern­ment has dealt generously and largely with them, if by a proper and speedy extension of the public surveys they can avail them­selves of the grants. Now, shall the broad generosity of the National Government to all these young States in each of the particulars specified ba a substantial donation? Shall it be the realization of our hopes or shall it all be frittered away?

In competition with actual settlement we have been unable to make the selection of our lands because the actual settler has the preemptive right. He can go in advance of the public surveys and equity and statute both combinetoprotect him even against the beneficent grants that the States have. for the general pur­poses mentioned in the enabling acts.

This being our situation, the necessary expenditure for these public surveys being inevitable to the Government, in fact it being not a disbursement but r eally an advancement for that which comes back to the Government many fold, we feel that we are only asking that which our constituency are urgently and justly and vehemently pressing upon us.

Look for a moment at the position in which these new States are placed. Some enterprising man with a great deal of cour­ao-e and of hope goes out upon the public domain in advance of the public settlement. He takes up his home; helps build up a new community-a new commonwealth-and yet in doing that he runs all the hazard of uncertainty as to whether the im­provements he makes shall fall upon a particular piece of land which he thinks he has selected for his homestead. He must go through all these years with that uncertainty hanging over him by reason of the delay of the Government. He may find out when it is too lat-e that these improvements have been made upon the land of some railroad company; that they have been made outside of the boundary line of the t ract which he hopes to acquire for himself, and he is left homeless. His labor and the sacrifices and hardships undergone by his family may go for nothing.

Not only that; he may identify his land, but his p03ition is nothing but that of~ squatter tlpon it. No difference how his relations and condition may have changed; no difference what the intervening years may have brought him; no difference what the wants of his growing family may have become, so that his duty as a father would require that he should go to the town or village for the purpose of educating his children, he is pin­ioned to the land, because if he leaves it, though his compliance may have been complete with the requirements ofthelawunder which he took it or proposes to take it, he becomes an abandoner of the land, and it is subject to the entry of the next man who comes along. So you see the injustice wroug-ht in his case, and it is not an exceptional one. The fact that the land remains an unsurveyed portion of the public domain affords immunity from taxation, and the bt1rdens of government which his neighbors ·have to pay one person may be exempted from, because although equitably the land is his own and for all practical purposes, tech­

.nically it is a part of the public domain of the United States, and he escapes the taxation that is visited upon those about him. This is one of the most unjust and irritating discriminations known in government, denounced and forbidden in organic law, and condemned by popular opinion.

For five, ten, or fifteen years I have witnessed just this order of things prevailing. It invites confusion upon the frontier; it invites the violation of law. It places men in controversy as to the identity of claims and the equality of their rights who other­wise would be in good neighborho~d; whereas if the Government had extended the survey there could be no uncertainty and no such grounds of contention. I say confusion, disorder, disad­vantage, embarrassment are inflicted upon these new States in every particular and their people are the victims at all times of this delay of the Government.

Again, Mr. President, we have not only the awkward condi­tion of things I have suggested, but the States themselves must stand by conscious of the fact that within their domains are the lands that would munificently endow them for all great State purposes of buildings of education, philanthropy, and all the objects that Congress designs they should be possessed of, yet impotent to avail themselves of these royal grants. Our large expectations through the failure of surveys must prove a delu­sion and a mockerf:. The Public Land Committee have sought to formulate some plan whereby these grants may be secured to the States, without obstructing and wronging the actual bona fide settler. Their idea is the States must take their chances

,,

with the actual settlers, and the remedy lies in large appropri­ations for public surveys.

In view of this condition of things, in view of the pressing n e­cessity coming up from every neighborhood, coming up from every community, and in view of the fact that it is no expendi­ture of public money in reality, but a mere advancement; that the Government is to be abundantly repaid and that it is but meeting a duty on the part of the Government that it sooner or later must meet, I urgently press upon the Senate that the amount of this proposed amendment, which is small indeed CQillpared with the needs of the times, may be allowed as an amendment to the bill.

The PRESIDING OFFICER {Mr. HARRISinthe chair). The question in on the amendment of the Senator from Idaho [Mr. SHOUP] to the amendment reported by the Committee on Ap.: propriations. ·

1\k. SANDERS. I understood the Senator from Idaho t o ac­cept the amendment offered by the Committee on Public Lands, or in their name, and therefore the vote wouJd be upon that amendment.

The PRESIDING OFFICER. Does the Senator from Idaho modify his amendment t.o the amendment?

Mr. SHOUP. I accept the amendment as reported by the Committee on Public Lands.

The PRESIDING OFFICER. The Senator from Idaho mod­ifies his amendment to the amendment. The Secretary will r ead the amendment to the amendment as modified.

The SECRETARY. On page · GO, line 9, in the amendmen t of the committee before the word "thousand," strike out" three hundred and seventy-five" and insart "six hundred," so as to read:

For surveys and resurveys of public lands, $600,000. Mr. ALLISON. I ask that the whole of tha amendment may

ba reported. I see there are some other items. The PRESIDING OFFICER. The Secretary will report the

amendment as it will r ead if amended. Mr. ALLEN. The paging has b :o~en changed since the pr o­

posed amendment was submitted. The PRESIDING OFFICER. The amendment to the amend­

ment refers to different lines in the bill. It will have to be looked UD.

-Mr. ALLISON. I may waive that for the moment. Mr. ALLEN. The amendment to the amendment itself is

plain. It is an increase of the amount of the proposed appro­priation, and a corresponding increase in the amount for office work and that for rea-djusting the work in the field.

Mr. ALLISON. This I see is a substantive amendment by itself.

Now, I desire to say only a word respecting the amendment proposed by the Committee on Appropriations. I agree to every syllable uttered by the two Senators who have spoken upon this subject, but we must deal with this question in a practical way. No one knows better than the Senator from \Vashington what I mean when I say that. .

We have increased this sum $175,000 over the provision as it came to the Senate, and we have in an,other place, to meet a most pressing necessity, as we understand in the Northwestern States, added an additional sum of $250,000 for the survey of railroad lands, which with the $375,000 here appropriated, makes $625,000 in all that we have provided for surveys of the public lands, or $25,000 more than is suggested by the Senator from Washington. I feel that this is about all that can probably be secured at this session.

If the Senator from Washington and the Senator from Idaho will agree to substitute $450,000, in line 9, and correspondingly increase where the Senator proposes an increase, I shall make no opposition to the amendments to the amendment.

Mr. ALLEN. I appeal a moment to the Senator from Iowa for an inquiry, and then I wHl give an answer.

I find that in the actual appropriations that were made from 1880 to 1884, inclusive, there was $1,512,000 annually expended in the surveys of the public lands. I do not know of the existence of any state of affairs at that time which made the demand more pr essing, if as much so, as it is now.

But I recognize what the Senator from Iowa has so feelingly brought to my attention, that it may not be po3sible to sustain the amount at the mark at which it is placed, and therefore, with the understanding that the appropriation is placed at $450,000 with the proportionate increase , as I understand he suggests, and that the proposed amendment standing in the bill at this time in regard to the survey of the public lands lying within the limits of land grants shall not be affected, I think I can say that I am willing to accept the proposition.

Mr. ALLISON. I will say to the Senator respecting the large amount expended for surveys between 1880 and 1884, that that large expenditure was made, 8S the Senator so well stated awhile

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1992. CONGRESS! ON AL RECORD-SEN ATE. 5881 ago, under the deposit system; and we are now confronted else· where witb the suggestion that there are 140,000,000 acres of surveyed lands which are unoccupied. A great portion of the surveys made under the deposit system, as the Senator knows very well, were high elevated planes; lands were sur­veyed in Wyoming and elsewhere that have not been occupied, and the certificates issued for them were used in the Dakotas, Nebraska, etc., in payment of lands. There was a complaint from those States, as well as by the Land Office and the Secre-4ry of the Intsrior, that there was injustice in the system; that the land surveys ought to follow the necessities of the people, and that the Department here should control the places where the lands should be surveyed; and I think the Senator will quite agree that that ought to be the case.

Mr. PADDOCK. I should like to inquire of the Senator what he means by the t erm "unoccupied." Does he mean by that, that the lands have been disposed of and segregated from the body of the public lands? •

Mr. ALLISON. They have been surveyed and not taken up at the land offices under any of the land laws.

Mr. PADDOCK. That is it. Mr. SANDERS. I should like to inauire of the Senator from

Iowa if the inciting cause of that wa.S not the fact that in the ~urvey of a township it enabled parties to hke up the merest fraction of th~ township along the lines of the streams and leave the rest of it not only unsettled upon but of no value to anybody, as a rule?

Mr. ALLISON. That is absolutely true; and elsewhere and heretofore I hg,ve insisted that the fact that there was a large body of land already surveyed which had not been taken up under any of the land laws oi the Unit3d States was no reason why we should not make reasonable appropriation~ for the sur­vey of such public lands as the people have settled upon or de­sire to settle upon for purposes of homes.

Mr. ALLEN. I am glad t:> h ear the Senator make that state­ment. He will a~so bear in mind that in the surveys of the lands for which there is an actual and pressing demand in a number of the States the cost of the survey has been very greatly in­creased over that of the surveys of open lands upon the plains.

The PRESIDING OFFICER. Does the Senator from Idaho modify the amendment so as to fix the amount at $450,000?

Mr. SHOUP. I accept the modification. The PRESIDING OFFICER. The Secretary will report the

amendment to the amendment as modified. The SECRETARY. Strikeout in line9, before t~ word ' 1 thou­

sand," the words ''three hundred and seventy-fi~e" and insert "four hundred and fifty;" so as to read: ·

For surveys and resurveys of public lands, $450,000, at rates not exceeding ~9 per linear mile for standard and meander lines, $7 for township, and $5 for section lines.

The PRESIDING OFFICER. The question is on agreeing to the amendment to the amendment as modified.

The amendment to the amendment was agreed to. The amendment as amended was agreed to. The reading of the bill was resumed. The next amendment

of the Committee on Appropriations was, on page 60, line 19, after the word "agriculture," to insert" lands valuable for coal;" so as to make the proviso read:

Provided, That in expending this appropriation preference sha.ll be given in favor of surveying townships occupied, in whole or in part, by actual set­tlers and of lands granted to the States by the act approved February 22.1889, and the acts approved July 3 and July 10, 1890, and other surveys shall be con­fined to lands adapted to agriculture, lands valuable for coal, and lines of re~­ervations,except that the Commissioner of the General Land Office may allow, for the survey of lands heavily timbered, mountainous, or covered with dense undergrowth, rates not exceeding $13 per linear mile for standard and mean· der lines. $11 for township, ani $7 for section lines, etc. .

The amendment was agreed to. The next amendment was, on page 61, after the words "sec­

tion lines," at the end of line 61, to insert: And for the extension of the seventh standard parallel north, in the State

of Montana, from iLs present western terminus, as provided for in surveying contract numbered 256, being the south west corner of township 29 north, range 2:1 west, westward to the western boundary of said State, the Secre­tary of the Interior m ay allow a rate not exceeding $40 per linear mile.

The amendment was agreed to. Mr. ALLEN. I move, inline21, to strikeouttheword "forty,"

before "thousand," and insert "seventy-five." I think the amount of $75,000 should be inserted there, and for the reason which I shall state.

It will be noticed that when the other House placed the amount ol the field work at $200,000 tb ey placed the amount of this

• ·other work to correspond with it at $40;000, so that for every $100,000 of work done in the field $20,000 of work is required to bring it up. The Senate should increase the amomit to corre­spond with the amendment in the first instance, and to carry it to $75,000 keeps it within the proportion established by the Hou~e of Representatives in the bill as it passed that body.

Mr. ALLISON. I, of course, will not object to the amendment

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suggested, but I do not think it follows p recisely that because we increase one amount we should correspondingly increase the other, b<!cause the reexamination oi these surveys if made in large bodies can be made mo::.-e easily and economically than if made in small bodies.

Mr. ALLEN. Then I should be very glad to have the Senator suggest about what amount should ba inserted.

Mr. ALLISON. I will allow $75,000 to be inserted, and if that is not the correct amount I will modify it.

The PRESIDING OFFICER. The amendment moved by the Senator from Washington will be stated.

The SECRETARY. In line 21, after the word "exceeding," strike out" forty" and insert" seventy-five;" so as to rea:l:

And of the sum hereby appropriatednotexceeding$75,000 may be expended for examination of public surveys, etc.

The amendment was agreed to. Mr. McMILLAN. During my absence yestorday three amend­

ments connected with the District of Columbia were passed over on objection by the Senator from Missouri[Mr. VEST], who raised a point of order against them. I should like ~o have them taken up now, as I shall have to go away after a wh1le.

The VICE-PRESIDENT. The question is on the point of order raised by the Senator from Missouri.

Mr. ALLISON. I have no objection, I will say to the Senator from Michigan, to going back if. he desires to be absent. I had the amendments postponed yesterday, and I am willing to recur to them at this time.

The VICE-PRESIDENT. The Chair is ready to rule on the point of order.

Mr. ALLISON. I think the Senator from Missouri will per-haps withdraw the point of order.

Mr. VEST. No, I do not think I shall. Mr. ALLTSON. I was hoping the Senator would do so. Mr. VEST. The point of order, I believe, applies to the last

amendment offered by the Senator from Iowa also. I do not want to do anything that will embarrass the collection of taxes here upon a just and equitable basis, but I am compelled to go upon the information I have. In the report of the committee of the House of Representatives, on page 20, the Senator from Iowa will find that in 1889, and that is the assessment he proposes to adopt now in this amendment-

Mr. ALLISON. On what page? Mr. VEST. On pag~ 20 of the report on the assessment of

taxes in the District of Columbia, House Report No. 1469, Fifty­second Congress. It says:

Assessed value of a.ll the taxable land and impro\Tements in the District or. ColumbiafOl' the fiscal year ending .'Jlme 30, 1892: Land ______ .... __ ...................... __ __________ .... ____ .•.......... $76, 451,028 Improvements........................................................ 69,030,250

Total ...................... __ ...• ______ .... ____ ------ ____________ 145, 481,278

Mr. MILLS. I will ask the Senator if he is now discussing the amendments on pages 52 and 53 of the bill?

Mr. VEST. On pages 52 and 53, I think. Mr. MILLS. There wa3 a point of - order made against that

amendment. · Mr. VEST. There is a point of order against it, but I was

simply stating my objection to the last amendment, to which the point of order also applies:

The new assessment being 160 per cent more on land and 7 per cent more on improvements than the old assessment, the probable assessed value for the fiscal year ending June 30, 1893, assuming that the board of equalization make no increase, Will be as follows: Land ..................•........•.....................................• $198,772,672 Improvements............................ . .......................... 73, 862,367

Total ...••................. _ ....... ____ ......................... 272,635,040 The true land value according to this report, on page 21, is

$423,000,000, and improvements$73,000,000, making $500,000,000, instead of $272,635,000, the probable assessment for 1893, and $145,481,278, which was the actual asses·sment. I have read that to accentuate what I R3.id yesterday in ragard to the extraordi­nary and arbitrary and utterly indefensible assessments in this District. Here is a difference between $272,000,000 aud $500,000,-000; and if you take the assessment which is now proposed to be adopted by the Senator from Iowa, the difference would ba be­tween $145,481,258 and nearly $500,000,000.

Mr. ALLISON. Will the Senator yield to m'3 for just a mOe ment?

Mr. VEST. Certainly. _ Mr. ALLISON. I do not propose that any assessmen t shall

be adopted. My sugges tion is that if the assessment just IJ?.ade is to be revised by any process whatever, in order to make such revision it will go beyond November 1, when taxes are col­lected, and therefore unless taxes are collected under the exist­ing valuat?;l,n there will b3 no ta xes collecte:l on the 1st day of November. Unless the assessment which the Senator from Mis­souri che.racterizes as an unjust assessment, the facts about which

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5882 CONGRESSIONAL RECORD-SENATE. JULY 8,

I know nothing, is to go on without revision and form the basis of the taxes collected on the 1st of November, there will b 3 no taxes collected on that day unless the amendment I propose is adopted.

Mr. VEST. Or unless some other legislation is had. Mr. ALLISON. But what other legislation is possible, I will

ask the Senator, to revise taxation in the District of Columbia between now and the 1st of November? I propose simply that, in view of the criticisms made upon the assessment and in view of the fact that it seems to be conceded. that there should be a revisory power, the District shall not be without funds gathered together by means of taxation on the 1st day of November, and therefore, in conversation with the Commissioners of the District of Columbia, I asked them to prepare some amendment that would continue the system of assessment until the new assessment could be revised.

Mr. FAULKNER. On the present basis? Mr. ALLISON. On the present ba.sis. Therefore, whilst that

may be ineffectual and insufficient, it is better to hav~ the pres­ent bn.sis than no basis at all, I submit to the Senator from Mis­souri, and that is all I mean by my amendment.

Mr. VEST. With that explanation of course I will not make the point of order against the last amendment, because I do not want to deprive the District of Columbia of its tax money; but I do make the -point of order as tQ the rest of the proposed amend­ment.

The VICE-PRESIDENT. Will the Senator from Missouri be good enough to state his point of order again?

Mr. VEST. Thepointof order is that it is general legislation, and then I understand also, though I know nothing personally about the fact, that the amendment did not go to the Senate from the District of Columbia Committee, but that it went from the District of Columbia Committee directly to the Committee on Appropriations.

Mr. McMILLAN. That is the case, Mr. President. It came from the committee, having passed the committee unanimously, and it was taken to the Committee on Appropriations because there was not time for us to bring it to the Senate before taking it to the Appropriation Committee.

The VICE-PRESIDENT. That is the amendment commenc­ing on page 52?

Mr. VEST. If the Chair will permit me, it is on page 52, commencing at line 15, with the word" that."

The VICE-PRESIDENT. Going down to and including what word?

Mr. VEST . . Down to the end of line 19, on page 53. Mr. McMILLAN. Mr. President, I should like to make a

little explanation about this matter. It was found that the new asaessment , which has only been completed within a very few days, would result in bringing a very much larger amount of money into the treasury of the District than required, and which would, of course, come out of the taxpayers of the District of Columbia. It was found also that the rate of taxation for the District of Columbia was fixed by law at H per cent, and that there was no possible way, under the law as it now stands, by which that rate could be lowered; that a person owning a piece of property heretofore valued, say, at $5,000 might legitimately be assessed by the present assessors at a valuation of $15,000; and in that case the owner would pay three times as much as he did last year. This would in very many cases be a -v-ery great burden and hardship to the people here who have small hold­ings and own small houses. In fact it would practically amount to confiscat ion. A number of these people called on me and drew my attention to this fact. They said their assessment3 had been raised in a most extraordinary way, and that when they went to the board of assessors they were told that all property in that section was assessed bn the same basis; that property had advanced very much; that somebody had boughta piece of property in that neighborhood and paid such and such price for it; and therefore the assessors had raised the valua­tions accordingly.

That is the r eason why it was suggested by the property-own­ers in the District of Columbia and by people here generally that a boa1!d should be appointed toreview the assessments made by the board of assessors. It did not seem right that these men should r eview their own work as they were doing. Naturally enough, a man who had assessed a piece of property at $5,000 was not going to put it down to $3,000 at the mere request of the owners. In other cities, I understand, as in my ·own city, there is a board of review, and -p eople can go to this board of review and make their statements, and they can, if facts justify their statements, have some change made in the assessments; buttliat is almost impossible under the system in vogue here.

Therefore, I put in the second amendment, that a board of five persons, who should serve without compensation, be appointed to review the work of the board of assessors. I think it is of

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very great importance that the£o two amendments should pass at this time.

Mr. MITCHELL. May I ask the Senator a question? Mr. McMILLAN. Certainly. Mr. MITCHELL. I wish to inquire if the Committee on the

District of Columbia made an investigation of the existing law as to w.b.ether the rate of taxation is absolutely fixed at H per cent, or whether that is simply the maximum beyond which the Commissioners may not go?

Mr. McMILLAN. I referred that matter to the attorney for the District of Columbia, and he bas reported that there are two laws on the subject; that the two laws conflict in some way; and that the result of the two is that they can not charge any less than H per cent. They can not fix the rate at auv more than one and a half, and they can not fix i t at any less. ·

Mr. MITCHELL. It has been absolutely fixed at one and a h~? .

Mr. McMILLAN .• It has been absolutely fixed. That is the difficulty. This amendment simply places it so that whatever is needed for the wants of the District of Columbia shall be at a rate of taxation to be fixed in accordance with that need. It may te 1 per cent, it may be H per cent, or whatever rate may be required to raise the money appropriated by Congress. If that is not done, there will be two or three million dollars raised by taxation only to lie idle in the Treasury. It is to avoid any such difficulty that this amendment was proposed.

.1\:Ir. MITCHELL. It is to obviate the difficulty arising from a rate fixed inflexibl~ at H per cent?

Mr. McMILLAN. That is it exactly. I hope the pointof or­<ier will not be sustained.

Mr. VEST. Mr. President, I labor under one difficulty in the matter. I have not the technical or expert knowledge which enablesmetospeakaccurately, and I am compelled to rely greatly upon the statements of others.

In regard to the amendment of the Senator from Iowa as to which I withdrew the point of order upon his statement: I have just received from the East Washington Citizens' Association the following communication:

DEAR Sm: In behalf of the East Washin~on Citizens' Association. an or­ganization comprising over 300 of the leadmg property-owners of this sec­tion of the District, I beg of you to prevent the consummation of the gigantic robbery contemplated by extending the assessment of 1889 for another year, which would virtually filch over $1,000,000 from the treasury of this District, which sum is so sadly needed for public improvements. This action is wholly in the interest of that wealthy class, which is unfortunately so predominant in the management of our aJiairs, and which is now complaining over the new assessment because it partially corrects the evils of unequal assess­ments, of whicJ::a;ystem they are the beneficiaries. Under all circumstances the overwhelming majoriP: of the taxpayers of this community, who are undoubtedly opposed to such extension, should be granted an opportunity to oppose the crying shame of the adoption of such a scandalous proposi­tion; in plain language, it would be a legalized s teal.

Very truly, yours,

And signed by a number of others.

M. I. WELLER, Ohairrnan .

In this communication is inclosed a report of the committee of assessments of the East Washington Citizens' As8ociation, and I wish to call attention to the extraordinary state of case that prevails now in this District. They assert here that " on a con­servative estimate it would be safe to assume that on an averag-e the assessed value of any of these District properties," which are enumerated above, "except the last six, is not one-tenth of i ts true valve;" and they proceed then to make good their state­ment by specific allusions to lots and squares in the city of Wash­ington, with the assessment and with the real value.

My attention was called last evening after the adjournment of the Senate to a lot opposite to the Ebbi~t House, which is as­sessed at $12 a foot and the owners ask $60. Property upon the same street in the direction of the Capitol has sold for $30 a foot. But the statements in this report are the most extraordi­nary I have ever seen. For instance, here is a piece ofproperty, square 289, in lot 7, assessed at $5.50 a square foot on June 3, 1889, and it sold for $39 a foot seven months ago. Here is an­other piece, square 223, lot 1, assessed in 1889 at $2.75 a square foot, and the inside lots sold for $23.50.

Mr. PLATT. · I donot understand how this vroposed amend­ment extends the present· assessment. As I unders.tand i t, the proposed amendment provides for a new assessment .

Mr. VEST. The last amendment proposed by the Senator from Iowa adopts the assessment of 1880. What I am reading from--

Mr. WOLCOTT. That amendment is not in the printed bill? Mr. VEST. No, it· is not in the printed bill; but I am reading

from the very assessment which is adopted by the Senator from Iowa. in his amendment.

Mr. FRYE. How does the Senator get over the statement which has been made that under existing law the tax can not bo lower than H per cent nor higher? If, therefore, you should f$0 on an.d quadruple the asse£sed value of the property of the D1s-

1892. CONGRESSIONAL RECORD-SENATE. 5883 trict you still would be compelled to assess the tax H per cent, and ra:U!e three times or four t.imes as much money as is needed. I do not see any escape from that.

Mr. VEST. That is "Very true, and that accentuates what I undertook to say yesterday. We are legislating in the dark upon this question, and the probabilities are that we shall make bad work. Although I am a property-owner here to a small extent, I know nothing about this question. I simply know I was noti­fied within the last two weeks that my assessment was put up about two-thirds, and I knew very well that my property had not advanced in value in any such ratio.

Mr. WOLCOTT. May I interrupt the Senator? Mr. VEST. Certainly. Mr. WOLCOTT. I should like to say to the Senator from

Missouri that if his assessment has been increased but one-third he has suffered less than any other property-holder in the Dis­trict I know oi.

Mr. VEST. So I understand. Mr. WOLCOTT. There have been instances where the a£sess­

ment of property has been increased threefold. and where prop­erty has been assessed far above its market value, far above the price it would bring, not at a forced sale, but after careful ad ver­tisement and attempts to sell. In some way great and iniquitous injustice ha3 baen committed upon the property-holders of this District, and for no purpose.

But I venture to suggest to the Senator that under this amend­ment as prin~d in the bill no harm can come, that only the best citizens will be apt to serve as a board of appeal. They are to serve without compensation; they are people who will be en­tirely impartial in this matter, and out of it all everybody whose ~roperty has been wrongfully assessed may find remedy; whereas if you continue the old assessment of 1889 you simply tide over for the present upon an old and probably inequitable assessment, a system of taxation which is not just, but simply partially bridges over a difficulty; whereas if this amendment goes through we shall reach ess~ntia1 justice to all parties.

M::.·. VEST. I beg the Senator's pardon. It is evident he has not understood me.

Mr. WOLCOTT. I could not hear the Senator's suggestion. Possibly I did not understand him.

Mr. VEST. The last amendment of the Senator from Iowa adopts the assessment of 1889.

Mr. ALLISON. Will the Senator yield to me for a moment? Mr. VEST. Yes. Mr. ALLISON. After the letter read by the Senator from

Missouri in my hearing, indicating the enormity of this propo­sition of mine, and saying that the scheme is agiganticrobbery, I will modify my amendment, with the leave of the Senator, so as to make it apply to one-half of the fiscal year 1893, covering the November collection, which was all I intended to cover. Then what-ever robbery there is will only last six months instead of twelve.

The Senate will indulge me in just one word further. I have no doubt that the assessment of 1889, as respects certain portions of this city, does great injustice to other portions of the city, from the fact, which we all know, that in certain portions of this city real estate has advanced very rapidly, notably on F street, where the Senator from Missouri indicates that a piece of property which is assessed there under the assessment of 1889 at tiil2 a square foot is worth probably $50 or $60.

Mr. FRYE. And has probably increased to that extent. Mr. ALLISON. ~1\.nd probably has increased to that extent.

But that does not cure the trouble which exists; the difficulty is that here are three assessors who have gone over this District with the utmost care. I do not know myself whether they have done injustice or justice to the owners of property in this Dis­trict; I ha\e not examined the question. I know one of these gen­tlemen to be a highly intelligent citizen of this District; I have known him for a good many years. He was formerly the Libra­rian of the Senate. He is an intelligent man, and I believe an honest man. I do not want to condemn him or his associates, whom I do not know. Here is a complaint, however, that this assessment does injustice.

What shall be done in that case? Shall there be no appeal from the decision of these three assessors? There is an appeal from the assessors in every township, every county, and every State in the United States outside of the city of \iVashington. Somebody ought to have the right of appeal or the revision of the judgment of these three men. But we are here in July. What is that revision? If one taxpayer is entitled to that re­vision, every taxpayer in this city is entitled to it. It is mani­fest that that provision can not b3 made between July and No­vember, and the revision transcribed on the books of the collec­tor of taxes of this District so as to sscure collection on the first of November.

It does not require a committee from the eastern district of

Washington or even the knowledge of a Senator to indicate to a man of sense that that process is an impossibility between now and the 1st of November. Therefore something must be done.

If it is wiser and bettor to proclaim that no taxes shall be col­lected in this District until this assessment is revised and if some Senator will make that , motion, I am willing to test the question with him, but that we are to stand in this condition of not revising these taxes and not collecting money to take away the garbage, and to provide for the police and the other neces­sary expenditures of this District is an absurdity to my mind, which is unworthy of serious debate in this body, notwithstand­ing the letter read here by the Senator from Missouri from this respectable committee from East Washington with the name of Mr. Weller at the head of it.

Mr. VEST. 1\ir. President, there is not the slightest neces­sity for any feeling about the matter. It is a pure, simple ques­tion of adjusting the taxes in this District.

I withdrew the point of order to the last amendment proposed by the Senator from Iowa, under his statement that that amend­ment was neces3ary for collecting the taxes for this year, so that a large part of what he has said was utterly inapplicable.

The VICE-PRESIDENT. The Chair understands that the point of order is withdrawn.

Mr. VEST. As to the last amendment. The VICE-PRESIDENT. As to the last amendment. Mr. VEST. I want to deal in facts, because I have iniorma­

tion that this increase of taxes and this injustice in the assess­ment applies to F street alone, and I call attention to this state­ment. This is not an anonymous communication. It is signed by gentlemen, two of whom I know very well. It is signed by M. I. Weller, A. F. Sperry, Dr. William B. French, Duncan S. Walker, Thomas W. Smith, H. L. West,.and H. L. Bryan. Two of them I know very well to be entirely reputable men and men of property here.

At Fourteenth and G streets, block 223, in lot 1, the assess­ment in 1889 is $2.75 a square foot and thelotsoldfor$23.50. On the corner of G and Eleventh streets, the assessment is $2 a square foot, and the committee say that the property is cheap at $25 a square foot, and so on. On another corner of Eleventh and G, diagonally across, the assessment is $2 a square foot and the property is cheap at $25 a square foot. I merely cite these instances to show the manifest injustice of these assessments and that the system under which the District is now collecting taxes is absolutely wrong.

It is proposed in this assessment to have a board of assessors, or an appeal board, who are to be volunteers selected from the citizens of the District, and who are to perform their services without pay. Mr. President, I do not believe that that will give us any remedy. My experience in this District during the last twelve years satisfies me that those citizens will be appointed, not with any know ledge on the part of the people of the District at large, but under the active influence which controls affairs here in the administration of the District.

My object is simply, if I can, ta secure the adoption of the House bill, which will come to us in the early partofnextweek, and which I have before me on my desk, and the system in that bill, the result of three months' investigation by honest, pains­taking, and disinterested men. The systemadopted in that bill is the only one, in my judgment, which will meet these evils, and. that is a court with a regular officer appointed as attorney representing the Government, who will resist all applications to decrease assessments and who will advocate, whenever his duty dictates that he should do it, the increase of assessments. Dntil we approach this question in a systematic, deiiberate, and busi­nesslike way, there will be no relief. Underthepresent system these three assessors get $2,500 a year each.

Mr. ALLISON. But their terms expire on the 1st of January. Mr. VEST. I do not propose to interfere with this year's as­

sessment, but if the bill which is to come from the House shall be passed, then the court ~ill come into existence, with a judge and an attorney, with no increase of expensA. On the contrary, there will be a diminution of $1,000, for the salary of the judge and of the attorney would amount to $6,500, instead of $7,500 which is now paid out.

Then every citizen could go regularly into that court and pre­sent his case, and he would be met by an officer of the Govern­ment, instead of the present system, under which property worth $40 and $50 a square foot is assessed at $2 and $3. The burdens of taxation would then rest where they should, upon property­owners of the whole District according to valuation.

Mr. President, there is one rule iq regard taxation, and it is1

that it should be measured by the protection given by the Gov­ernment upon just valuation to the property. The complaintin this District to-day, and you hear it everywhere, and it is put here in this report with actual specific figures O\er the names

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5884 -coNGRESSIONAL RECORD-SENATE. JULY 8,

of I'eputable men-is that property worth $1,000 is assessed at $1,000 and property worth $100,000 is assessed at $5,000. Is that right? As a matter of course, the statement of the proposition is a sufficient answer to it.

If the point of order is sustained and this amendment is stl'icken out, we can then take the result of the labora of this committee, which has gone onfor three months and pass a bill which will meet the enormous evils now prevailing in the Dis­trict of Columbia.

Mr. FAULKNER. Mr. President, it strikes me that almost every argument submitted by the Senator from Missouri [Mr. VEST] is in favor of the adoption of the amendment suggested by the Co~mittee on Appropriations. All the inequalities! asi understand from him, ref..erred to in · the report which he has rean to the Senate, are not inequalities growing out of the re­cent assessment, but inequalities growing out of the assessment of 1889, which will now be superseded by the recent ass ~ssment, made under laws subsequently passed by Congress. It strikes me, therefore, that every argument, every fact which the Sena­tor has presented to the Senate, is an argument in f.~vor of the adoption of the committee's amendment.

This amendment is exceedingly important from one or two standpoints. I do not know whether the Senator from MisEouri is aware of the fact~that under the existing law in this District there is no discretionary power whatever in the Commissioners in reference to the rate of taxation: that the ram of taxation is :fixed for Washington and Georgetown at $1.50 on the $100 and for the territory outside of the boundaries of the cities at $1.25. Under legal advica of the attorney of the District the Commis­sjoners have been advised and instructed that they have no dis­cretionary power in reference to the rate of taxation whatever; that although they may realize from an examination of the asses­sors' returns that the rate of taxation at $1.50 would bring in a revenue to the treasury of this District millions of dollars beyond its needs or its wants, they would have no power whatever to lower the rate of taxation.

That being the legal position of the question so far as the power to fix the rate of taxation is concerned, the Committeeon the District of Columbia and the Committee on Appropriations were confronted with the fact that under the new assessment, which has been made during the present year, the amount of the assessable value of property has been doubled in the District. They saw at once, therefore, that if this rate of taxation of $1.50 on the $100 was a matter over which the Commissioners had no discretion and that if it was imposed upon the basis of that valu­ation the District of Columbia would have a surplus in its treas­ury amounting to over $2,000,000 beyond its needs and its wants. Of course, the result of that would be that this surplus fund being in the treasury, somebody would want to get it out, and those who would want to get it out would want to get 50 per cent also out of the United States Treasury, as that is the basis upon which we make appropriations for all the needs and wants of the District of Columbia. .

We then realized that it was necessary that something should be done at once and the Committee on the District of Columbia formulated this amendment, which was adopted by the Commit­tee-on Appropriations.

The amendment firat requires that every year there shall be made out an estimate of expenditures by the Commissioners and that that estimate shall be submitted to the Secretary of the Treasury. That is a new provision to which I desire to call the attentiOn of Senators. Heretofore the estimates of the District of Columbiahave never been submitted, as I understand, to the Secretary of the Treasury for his revision. The amendment re­quires them to make out an itemized account of all exper1ditures and to submit that account to the Secretary of the Treasury to enable him. to revise and consider each item, and then on the basis of the allowanca by the Secretary of the Treasury in along session of Congress they would have aright to make a levy based upon what in their judgment, fixing a certain rate of taxation, would bring an amount of taxes equal to the sum they demand and the allowance of the Secretary of the Treasury. In a short session that would not be necessary. The appropriation bill would be passed before the 1st day of April, and that fixing the actual amount of expenditures, would enable the Commissioners "before the 1st day of July to fix the rate of taxation in accord­dance with the expenditures under that appropriation bill, so that the District could meet its 50 per c2nt under the assessment then levied.

'l'he next provision of this amendment gives to the Commis­sioners a discretionary power to :fix the rate of taxation to meet the expenditures annually in this District. Is there a Senator who knows of a single county, of a single State in this Union, in which the :fiscal authorities of that Stat~ or county have not the power annually or biennially, as may be required by law, to change and fix the rate of taxation based upon the assessment and the returns and the expenditures of that county or State?

This amendment, therefore, gives to the Commissioners tha power to fix annually the rate of taxation based upon. the ex· penditures :fixed by Congress.

It has a wise provision in it. It says the maximum sum, how· ever, shaH not exceed $1.50 for the municipality and $1.25 for the territory outside of the boundary lying within the District of Columbia, which is, of course, not receiving the banefits of a municipal government and should not bear the same amount of its burdens. The maximum is fixed, but the minimum is not determined, that being left in the discretion of the Commis· sioners.

Then comes the third provision of the amendment, whioh, ac­cording to the views of every Senator expressed here on the floor to-day, is an exceedingly important provision. Admitting that the point of order of the oenator from Missouri has been with­drawn, that does not solve this difficulty. The amendment as to which the point of order is withdrawn limits the right of fix­ing the rate of taxation on the basis of the assessment of 188i} for one-half of the year. What is to become, then, of the balance of the period? Here is an ac:sessment made by virtue of the author­ity of Congress. That assessment is bound to be the basis of taxation for the other half of the year, unless Congress changes the law now.

But the Senator from Mist.ouri says there is no difficulty about this matter; that the House has taken three months to deliber· ate upon the formulation of a bill which, in the judgment of the Senator from Missouri, is a most admirable scheme for taxation within the District. Mr. President, if the House has taken thrae months to delib3rate upon a scheme and formulate it, and it is anticipated that the S enate will adjourn on the 20th day of July, I suppose the proposi'tion•of the Senator is that we arl3to accept the bill of the House by reason of theil· thre.3 months' de­liberation, without any consideration by the Senate.

Mr. VEST. Not at all. Mr. :B'AULKNER. If there is one thing which I think the

Senate has been noteu for during the last two years, it is that it is a delib3rative body, and, so far as I am concerned, I hope it will preserve that characteristic. If it has taken the period of time named for the House to deliberate upon the bill, it strikes me that it will take more time than from now until the 20th day of July for the Senate to deliberate upon it; but realizing the fact that complaint has been made in refet'ence to the increase of the assessed vulue of property in this District, realizing the fact, as the Senator from Iowa fMr. ALLISON] has well said, that there is not another city within the limits of the United States or a county or a State within this American Union which has notthe right of appeal in reference to assessments to the body which :fixes the rate of assessment in the county, we have provided here that five gentlemen, citizens of this District, shall be con­stituted by the President a board of appeal, who shall themselves revise, or at the request of any citizen of this District shall revise, the assessment made by the board of assessors, who have been engaged during the last four or :five months in assessing the property in the District. What are we to do without such a board? How can we get along without it? How can we give satisfaction to the people in this District? And yet the point of order of the Senator from Missouri goes to every one of the three propositions which I have discussed here.

If the point of order should be sustained by the Chair or by the Senate, then each one of these important and essential mat· ters affecting the interests of these people would b3 left to the uncertainty of passing a new scheme of taxation originating after one hundred and sixteen years of our history, which has met the approval of some of the gentlemen in the ·other Hous13 and seems to meet with the favor of some in the Senate.

On the point of order, Mr. Pre3ident, I do not know that un­der the third clause of the sixteenth rule the point of order is well taken. This may be termed to some extent general legis­lation, but that rule provides, first, that general legislation shall not be permitted on appropriation bills. It then goes on to recognize the fact that there is a class of legislation which may be relevant to the subject of legislation which is proper upon ap· propriation bills. So guarded is that rule in reference to the rights of the Senate-to act upon that question that the rule de· clares that the question of the relevancy of any amendment shall ba submitt-ed to the Senate, and not decided by the Chair.

I have known frequent instances in the short period of time I have been a member of the Senate, where a question of doubt even on a point of order, which is clearlywithin the jurisdiction of the Chair to decide, even in a case of that sort, in the exercise of the right which every parliamentary body gives to its pre­siding officer, and which is recognized in the rules of this body, the Chair bas submitted the question to the Senate for it~ de­cision.

This is a question, I think, which should be submitted to the Senate to decide as to whether it is in order or as to whether it is not in order. I feel that if that is done, there can be but one

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. 1892. .""' CONGRESSIONAL RECORD-SENATE. 5885 view and one decision by this body in the interest of the people of the District of Columbia.

Mr. VEST. Mr. President, a single word with regard to the point of order. I never aspired to be a parliamentarian, but if there is a parliamentarian here-and I know a great many Sen­ators who pride themselves upon their parliamentary knowl­e!ige-who will undertake to say that this is not general legisla­tion, then I shall submit to the inevitable result which I have known to occur here frequently, that all parliamentary rules are brushed aside in order to let the Senate do what it wishes.

The pretext-for it is nothing else-that this question should be submitted to the Senate is simply to get rid of the rule. All of us know that it is a violation of the rule. If this is not gen­eral legislation, to establish a new tribunal to hear appeals from .assessors, I should be obliged to some Senator with a lively imagination to tell me what is new legislation. Here is a stat­ute de novo incorporated into an appropriation bill, creating a body which never existed before, and yet the Senator from West Virginia [Mr. FAULKNER] says that that ought to be submit­t ed to the Senate to determine whether it is in order or not.

Let us be frank with each other. If we propose to trample down the rule in order to do what we want to do, let us do it, but do not let us do it under the miserable pretense that we are ob­serving the rule, for we are doing nothing of the kind.

As to the time, and the argument which is made by the Sena­tor that this is a deliberative body, this body deliberates when it does not want to act, but when it does want to act it is about as rapid an institution as I have ever known. I have seen bills passed through here which appropriat-ed millions of dollars which were not considered thirty minutes. Congress will not adjourn on the 20th of this month, and every Senator here knows it. There will be plenty of time to consider the bill from the House to which I have referred when it comes here. All I ask is that we shall systemize the collection of taxes in this District and not indulge in such legislation, which amounts to a lot of makeshifts from one session of Congress to another, instead of doing the thing upon the proper basis and for good reasons.

Mr. CALL. Mr. President, upon the question propounded by the Senator from Missouri [Mr. VEST] upon the point of order, it seems to me very clear that the Senate can not make any rule which will deprive it of its constitutional power, and it was never intended that any rule should be so construed.

It seems equally clear that the Senate has an unquestionable power, inherent in itself, to amend any act which comes from tbe other House to this body. That is a necessity of legislation; and that amendment must correspond entirely with the discre­tion and judgment of the Senate. It can not be limited. No rule of the Senate can say that the Senate shall not amend a bill which comes from the other House. To say that would be to say that it shall not consider it, when, by the Constitution, the very ob­ject of the Senate is to consider, alter, and amend, as its judg­ment may demand, the action of the other House.

How can a rule of the Senate say, if such amendment be orig­inal legislation changing existing law, that you shall not exer­cise that function? So I conceive that, under a proper interpre­tation of the rule, it does not mean to affirm that the Senate shall not so amend an act of the other House as to change existing law and make original or new legislation.

Mr. President, in regard io the provision of this amendment which the Committee on Appropriations inserted in this bill, it seemed to the committee that these five appraisers would be· as honest and as capable as any court or any judge. All the sug­gestions of the Senator from Missouri may be met by his moving an amendment to this provision to the effect that the Government shall be represented before this board of appraisers in all cases of appeal.

This seems to be the essence of his objection to the merits of the amendment, that the Government ought to be r epresented in every case of appeal. That may as well be done before this board as before a single judge or a single appointee. It is not a judicial function. It is a function which can be performed just as well by the citizen, the business man, and even better than by any judicial officer. So I suggest t 0 the Senator from Missouri that his object can be attained by moving an additional amend­ment to the amendment to the effect that the Government shall be represented in all cases of appeal.

The VICE-PRESIDENT. The Senator from Missouri [Mr. VEST] makes the point of order that the amendment proposes generalle,g-islatibn. This bill makes appropriations out of the District of Columbia funds, and the amendment relates to the rate and method of taxation to meet said expendituras. The Chair is of the opinion that the question of relevancy is also in­volved, and he, therefore, under authority of section 3 of Rule XVI, submits the point of order to the Senate for its decision. The question is whether the point of order raised by the Sena­tor from Missouri is well taken. [Putting the question.] The

noes seem to have it, the noes have it, and the point of order is overruled.

The VICE-PRESIDENT. The question recurs on agreeing to the amendment.

The amendment was agreed to. Mr. VEST. Mr. President, gs the Senator from Florida [Mr.

CALL], who is a member of the Committee on Appropriations, has suggested, I think there ought to be a provision in the amendment for the Government to be represented before the proposed board of appeals. It is not my amendment, but I think there ought to be somebody there to represent the Government, which pays one-half the taxes of the District.

Mr. ALLISON. I submitted a modification of this amend­ment, providing that it should only apply to one-half of the year, but I am told by Senators who have investigated that question that the assessment must apply to the whole of the year. When this new valuation comes in it will of course supersede the old, and can then apply to the second half of the current year. I will therefore withdraw my modification.

The VICE-PRESIDENT. The modification is withdrawn. The question is, as the Chair understands, on the amendment submitted yesterday by the Senator from Iowa [Mr. ALLISON], to which he made a modification, but that modification having been withdrawn. the amendment as it now stands will be re-ported. ·

The CHIEF CLERK. At the end of line 19, on page 53, it is proposed to add the following proviso:

Provided further, That the triennial assessment made in the year 1889, pur­suant to the act of March 3, 1883, is hereby continued in force for the fiscal year ending June 30, 1893, and all taxes for said fiscal year ending June 30, 1893, shall be levied a.nd collected upon the basis of said assessment, a.ny other law to the contrary notwithstanding.

The amendment was agreed to. . The reading of the bill was resumed. The next amendment of

the Committee on Appropriations was, on page 62, after line 9, to insert:

For the survey of the public lands lyin~ within the limits of land grants made by Congress to aid in the constructiOn of railroads, and the selection therein of such lands as are granted therefor, to enable the Secretary of the Interior to carry out the provisions of s ection 1 of the act of March 3, 1887, entitled "An act to provide for the adjustment of land grants made by Con­gress to aid in the construction of railroads and for the forfeiture of un­earned lands, and for other purposes," being chapter 376 of volume 24 of the Statutes at Large, page 556, $250,0CO: Provided, That any portion of said sum expended for surveying such lands shall be reimbursed by the respective companies or parties in interest for whose benefit the lands are granted, ac­cording to the provisions of the act of July 15, 18i0, chapter 292, volume 16, pages 305 and 306, and act of July 31, 1876, chapter 246 of volume 19, pa.ge 121, of the Statutes at Large, requiring "that before any lands granted to any railroad company shall be conveyed to such'compa.ny or any persons entitled thereto under any of the acts incorporating or relating to said company, un­less said companv is excepted by law from the payment of such cost, there shall first be paid into the Treasury of the United States the cost of survey­ing, selecting, and conveying the same, by the said company or persons in interest."

The amendment was agreed to. The next amendment was, to strike out the clause from line

19, on page 63, to line 2, on page 6-!, inclusive, as follows: For survey of the extension of the northern boundary of Nebraska, being

that part of the forty-third pitrallel of north latitude east of the Key a Pata River and west of the middle of the main channel of the Missouri River, as provided in the act of Congress entitled "An act to extend the northern boundary"of th~ State of Nebraska," approved March 28, 1882; estimated distance, 57 miles, at $36 dollars per mile, $2,052.

The amendment was agreed to. The next amendment was, on page 64:, after line 2, to insert: To enable the Secretary of the Int~rior to cause to be surveyed and dis·

tinctly marked by suitable monuments that portion of the boundary line be­. tween the State of Nebraska and the State of South Dakota. which lies west of the Missouri River, $20,000.

The amendment was agreed to. The next amendment was, on page 64, after line 7, to insert:

For surveying the standard, meander, exterior, and subdivisional lines within the Crow Indian Reservation in ~ontana, $15,000.

The amendment was agreed to. The next amendment was, in the appropriations for 11 United

St11tes Geological Survey," on page 64, after lina 19, to insert: F or one paleontologis t, $4,000. For one paleontologist, ~.ooo. The amendment was agreed to. The next amendment was, on pa?.e 65, line 5, to increase the

total amount of the appropriation ' for salaries of the scientific assistants of the Geological Survey" from '' $61,700" to ''$67,700."

The amendment was agreed to. _ . The next amendment wa.s, in the appropriations "for general

expenses of the Geological Survey," on page 65, line 22, before the word "thousand,': to insert" and ten; " so as to read:

For geological surveys in the various portions of the United States, $110,-000.

The amendment was agreed to. The next amendment was, in the same clause, on page 65, line

22, after the word "dollars," to strike out: Provided, That a fter the 1st day of July, 1892, the Geological Survey shall

not expend any money for paleontological work or researches.

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Mr. VEST. I should like to ask the chairman of the commit­tee why that proviso is s tricken out? o Mr. ALLISON. The Senator will see that in the House no appropriation was made for paleontology, and the Senate Com­mittee on Appropriations and now the SenatB have reinserted the provisions respecting paleontology which wera in previous acts .

l\fr. VEST. Does the Senator think in the present condition of the Tr.easury that there is any burning necessity for paleon­tological work in this country?

Mr. ALLISON. I do not think the necessity is veryburning, although the Director of the Geological Survey states that pal­eontology is the foundation of all geological surveying, and with­out this provision the work will be inoperative as respects the Geological Survev.

1\Ir. VEST. I see in line 5, on page 65, the appropriation is incPeased ''for three topographers at $2,000 each," from '' $61,700 '' to "$67,700." Again thereisan increase in line22, from$100,000 to $110,000 "for geological surveys in the various portions of the United States." I want to say for one that I should t ake the very greatest pleasure as a Senator in striking out a good deal of this appropriation. I have thought-and it has grown upon me from year to year since my public service here-that there is no bureau of this Government in which the expenditures are so unncessary as in regard to the Geological Bureau. It is composed doubtless of very excellent gentlemen.

I make nd personal r eflection upon their capacity; but it is within my perEOnal knowledge, for I have spent a good deal of time in the West, that the officers of this Burea.u go out with their camp equipage and their trains of mules and furnished with all the luxuries and accompaniments of genteeloutfits, and spend the summer out in the mountains, where I have met them frequently, engaged in just what I was doing, fishing and hunt­ing. I have never found myself called upon to make an official report of my expeditions either in the stream or in the forest, and if ever there have been any _results from those expeditions !have been unable, or possibly lam notscientifi.cenough, to have discovered them.

I do not belong to that class of reformers who want to cut down necessary expenses; and without saying anything personal I am about as liberal in my votes for necessary appropriations as any Senator in this Chamber, but I am honestly of the opinion that we pay too much money for this ornamental service, for it is nothing else. If my learned colleagues-and there are some gentlemen. here who are savants in the highest sense of the term-can point me to any practical result from the Geological Bureau I shall be glad to know what it is. It would remove a shadow from my intelligence which has rested there for some time.

If any Senator will be kind enough now, after all the money we have expended, to show me where the practical knowledge of this country in regard to mineral deposits and paleontologi­cal work has been increased, so as to add one iota to the comfort of the people or to the material wealth of the country, I will listen to him with the very greatest pleasure, and withdraw all I have said. But as the committee out of a sense of duty, which I do not criticise, instead of diminishing these appropriations has increased them all along the line, I think some explanation is due to the Senate.

Mr. WOLCOTT. I should like to ask the Senator from Mis­souri, if it is in order, why he does not move to strike out the item?

Mr. VEST. I should move to strilce them all out. Mr. WOLCOTT. Then I hope the Senator will move to strike

out these items. Mr. VEST. I will submit that motion, at the instance of the

Senator from Colorado, to test the Senate. I do not want to do any injustice to anybody, but if any Senator has a word to say in defense of these appropriations I should be glad to hear him.

Mr. WOLCOTT. No harm will be done to the country, I sup­pose, if a motion is made to strike out of the bill lines 20 and 21, on page 64. We can do without paleontologists at present in Colorado.

Mr. ALLISON. I have no doubt there are fossils in Colorado as well as elsewhere. The Director of the Geological Survey says that paleontology is a part of the great study of geology. If that be so, I do not see how we can get on without this part of the work if the Geological Survey is to be continued.

Mr. HAWLEY. Mr. President, I should be very sorry if the work of this Bureau is to be reduced. If reduced, it ought to be after some further scientific inquiry or some more careful in­quiry than can be given on the floor of the Senate. I know that the United States Government is distinguished above all the governments in the world by the favor it has given to scientific researches, and I know that the scientific world highl:-,· appre­ciates the work of this Bureau. It has been the special pride of

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this Government that we have done better than any government in the world in fostering education and science.

While we may not be able to place a market value on a new discovery or on scientific research, there certainly is no harm in it if the Geological Survey comes across things in its regular surveys which are supposed to be of some commercial benefit to the coun­try ultimately. There are no abler men in the world engaged in that study than the men employed by this Government in these r esear ches, and I beg the Senate to reserve these r eforma­t ory measures until next winter, when there will be an oppor­tt:nity to have an inquiry into the subject if desired.

Mr. WOLCOTT. I should like to ask the Senator from Con­necticut if he thinks the public necessities will suffer if the val­uable services of these two paleontologists are to be postponed untilnext December?

Mr. HAWLEY. I do not know. We could knock $50,000,000 off of the Government expenditures and the country would still live.

Mr. WOLCOTT. Then we ought to do it. Mr. STEW ART. Mr. President, I do not think this is a sub­

ject of any pressing necessity. I know we made afeebleattempt some few years ago to inquire into this subject during the time of Lieut. Wheeler. At that time a very learned book was writ­ten on the very important subject of" Birds without Teeth." It was illustrated, beautifully illustrated, in a very costly mann~r; I do not remember the cost; I called for a statement as to the cost, and think it was some three or four thousand dollars for each book. I can not state certainly, because my recollection is not accurate about it.

It was gotten up by Prof. Marsh. It was an elegant book. After Maj. Powell came in he employed Prof. Ma"fsh as one of the specialists at a salary of $4,000, I think it was, and he repro­.duced the same book, but it was transposed and new plates made, not so good as those in the first book; it was not near so nice a book as the first one, and not so well arranged. That 'was pub­lished at the expense of the Government.

Now, the publishing of books in regard to birds or any other animals, with or without teeth, is not of very much consequence or value to th~ Government. I am opposed to that amendment. There are one or two other amendments I should like to have made, but I think this is perhaps as good a place to take the sense of the Senate on this subject as any other.

Mr. CALL. Mr. President, I am somewhat sw--prised at this time at the inquiry made in an enlightened legislative body as to the scientific value of geological, ethnological, and paleonto­logical researches. All the civilized world, all centers of edu­cation, all philosophies, all schools of learning, have accredited this investigation as being of great advantage to the progress of the human intellect, and to practical discoveries in relation to the soil and the inhabitants who have preceded us upon the earth. Now, for us to say that it is not a matter of any conse­quence to know what has been the past history of the human race, or the earth's geological construction, and the future pos­sibilities of human life upon this planet, is to assert a very re­markable proposition and one very far behind the progress oi the age.

Now, Mr. President, from all the centers of learning in the world, I can say to the Senator from Missouri [Mr. VEST], comes great praise for the progress of thes investigations made by this Geological Bureau. They pronounce him an ornament to science and to our own country.

It so happens that their opinions differ very widely from that of the Senator from Nevada [Mr. STEWART] in reference to the merits of this officer and the operations of this Bureau. I do not know what its practical value is, but I am informed, by those who know better than I do, that it has been of great p1·actical value, money value, to the people of the United States.

It has made tracings of the earth. It has mapped the indica­tions of the underflow of water, which in various parts of the United States and in my own State is a matter of great value. Millions of dollars have been lost this present year on account of the lack of knowledge of the places wbereana.bundantsupply of artesian water could be obtained. To a considerable extent the researches of this Bureau have traced upon the profile of the earth the formation indicating where this water can be found, and to a very great extent it has been found there, so far as the work has been done, in my own State.

That is the true condition of this question, and for us to say, without any kind of inquiry or evidence, that we must stop these researches, disband this Bureau, and dismiss these employes without any kind of evidence whatever, that they are not pro­ceedingtorenderusefulservice in researches which all thescien­tific world desires to make use of, seems to me a very unworthy proposition.

I do not know whether or not the instance related by the Sen­ator from Nevada [Mr. STEWART] is correct. There may hav~

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1892. CONGRESSIONAL RECORD-SENATE. 5887

been some officer of this Bureau who prepared a. work too costly to be published, and it may be that the Committee on Printing Qf ·this body, or the Committee on Appropriations, without know­ing the extent of it, were of the opinion that the sum required for the publication of that work was too large. But I do under· take to deny here that Maj. Powell has ever been a. party to any misappropriation of the labor and the researches of anymanand giving credit to some other man tor it. He is a. man of unques­tionable honor, of great ability, and of devotion to his work, and is so recognized throughout the world.

Mr. SANDERS. Mr. President, it is one of the misfortunes that whenever an appropriation bill comes up the merits of the Geological Survey and the action, wisdom, and adoration of the Director should be made the subject-matter of discussion. That

· arises out of the fact, most remarkable in legislative history, I think, that the Geological Survey, instead of being by law an established bureau, in its inception and in its present existence, is nakedly the creature of an appropriation bill. It has no other father or mother, nor has it hadanyothelrguardian or guidance than a capacity and peivilege to spend money.

For my part I would not think it becoming to rise in the Sen­ate of the United States and undertake to belittle the value of scientific research, as it concerns the topography and the geol­ogy of the country that is given us to govern, to inhabit, and to utilize for the uses of man; and I must protest, upon a mere ap­propriation bill, against practically abolishing a part of this Bureau of the Government. I have for a considerable period of time contemplated the introduction of a resolution which should provide for a committee to be appointed by the Senate to pre­pare a bill which should create this Bureau in the Interior De­partment, which should define its functions, which should name the officers who are to have the management, under the Secre­tar.v of the Interior and under the law, of its affairs, to the end that when we come to make arpropriations for it we might in-telligently legislate concerning it. .

When it was proposed to abolish the office of paleontologist some gentlemen, I believe not connected with the Survey, pro­ceeded in one of the periodicals of the day to enlarge upon its economical value to th9 people of the United States. I, for one, was deeply impressed with the idea that the pursuit of this par­ticular branch of science by the Geological Survey was useful ~o the people of the United States; and, for one, I hope that this appropriation will remain in the bill and that the amendment proposed by the committee will be adopted.

Of course it is always easy, under the pressure of a 'desire to manifest economy where we have it not, to assail a scientific pursuit like this and to offer it up as a temporary sacrifice for the sake of deluding the people and comforting them meanwhile with the idea that we have not taken any bread out of their mouths, even though we have arrested the intelligent progress of the country for a limited period of time.

It seems to me that the only apology or excuse that can be given for striking out the item that was striken out, or for vot­ing against the amendment proposed by the committee, is the proposition that we can restore it next December. That is the apology that is made upon the floor of the Senate. I do not know of any exigency of public affairs that renders it essential or use­ful or wise or economical by law to create the interregnum pro­posed.

But, in any event, I submit that the discussion of the useful­ness of this matter ought to be remitted to independent legisla­tion, and ought not to arise under the pressure that necessarily attends the actionof the Senate in considering an appropriation bill of this magnitude. I trust, therefore, that the amendment of the committee will be adopted.

Mr. VEST. I would like to ask the chairman of the commit­tee what is the amount of increase from the House bill as to this Geological Survey?

Mr. ALLISON. In, this particular matter? Mr. VEST. The whole idea; what is the whole increase in

the Senate bill over the House bill as to the Geological Survey? Mr. ALLISON. It is in the neighborhood of $50,000. Mr. GORMAN. It is $47,000. Mr. ALLISON. Somebody says it is $47,000. Mr. VEST. I l;)ee that the amount recommended for 1893 was

$551,400. I understand the chairman to say now that this in­crease is $47,000.

Mr. ALLISON. The House appropriation will be found on page 66, in lines 17 and 18, and it is $515,000; the stlnate amend­~ent making the appropriation is $562,000; so the difference is $47,000, which is the amount of increase for th~ Geological Sur­vey.

Mr. STEW ART. It does not increase the .entire appropria­tion, because the salat'ies of many of the officers are included in the legislative bill. , Mr. ALLISON. Not a very great many.

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The PRESIDING9FFICBR (Mr. TURPIE in the chair). The question is on the amendment of the Senator from Missouri {Mr. VEST] to strike out in lines 20 and 21, on page 64.

Mr. WOLCOTT. I desire to ask the Chair if the motion does not arise upon the amendment of the committee, and w'b.ether it is not the purpose of the committee to maintain its amendment?

The PRESIDING OFFICER. The motion pending is the motion of the Senator from Missouri [Mr. VEST] to strike out lines 20 and 21, on page 64:. These lines repre~ent amendments of the committee which have already been agreed to. The mo­tion can not be entertained without a reconsideration of the agreement. Perhaps, however, it will be briefer if the Chair will consider the question upon the amendment as yet open. The question is now, Shall this amendment of the committee be agreed to?

The question being put, there were on a division-ayes 22, noes 11.

Mr. STEWART. We had better have the yeas and nays on that.

The yeas and nays were ordered. Mr. MILLS. Let the amendment be reported. The PRESIDING OFFICER. The amendment will be stated. The CHIEF CLERK. On page 64, in lines 20 and 21, the Com-

mittee on Appropriations reported to insert: For one paleontologist, $-1.000; For one paleontologist, $2,000. The PRESIDING OFFICER. The question is on the amend­

ment. Mr. PLATT. Mr. President, I do not wish to take up the time

of the Senate. I know that there are Senators here who do not like the operations of the Geological Survey, and who do not really like the head of the Geological Bureau; but it seems to me that this is a. very poor way and a. very poor time to emphasize such a dislike.

I know of no reason why the work of paleontologists should be stopped any more than the chemical work or the work of the geographer or of the topographer. It is a work which has re­ceived the sanction of the Government. To my mind it is one of the most important branches of work which has been carried on in the Geological Survey. It may not produce important re­sults in dollars and cents to come to the Treasury of the Gov­ernment, but it is certainly an educational work which the Gov­ernment can scarcely afford to cease aiding.

If there is anything wrong about the Geological Survey, if there is anything wrong about any officer connected with it, or if any Senator supposes there is, the way to meet that question is to introduce a resolution to investigate and have it come be­fore the Senate where we can pass upon it understandingly. · I do not know that any criticism is made upon the paleontolo­gists, but I am very sorry that this wor~ should be crippled. I think the work ought to go on, and that the work for the Geo­logical Survey ought to be maintained.

Mr. WOLCOTT. Mr. President, as the Senator from Con­necticut suggests, this is probably not a good time to get at this proposition, but this is the only time we shall ever get. This Geological Survey comes to this body in some way, the Lord only knows how, and we hear nothing about it until the appro­priation bills come .. in providing about a million dollars every year to be expended by this survey. That is charged to those of us who live in the West.

It is one of the great measures which are supposed to be passed for the benefit of the West. We do not know anything of it. We get very little benefit from it. As a matter of scientific re­search we all rejoice in it. There is no question that many of the people connected with the Geological Survey are gentlemen of the highest character and the highest attainments. There is no question but that the institutions of the whole world are bene­fited in their researches and discoveries by the explorations which are conduct-ed by this GDvernment at an expense of a million dollars a. year; but nobody seems to have any direction or control of it. It is a somewhat close corporation, which ex­pends its money as it sees fit. The only opportunity that those of us who are laymen and unlearned on these subjects ever have to criticise is when the items come up in appropriation bills, be­cause we never hear anything about them until they appear each session of Congress.

There is nothing important, I think, connected with these two paieontologists. But there is a chance presented to ascertain something- about the survey generally, becauoe the House in its wisdom has seen fit to strike out these two items. We have no report to guide us as to what induced the House to think the country could get along without two paleontologists for a while, and ther6fore wa must accept its wJsdom without a report.

Until some more apt defense of this large appropriation is made, it does seem to me that this is a. proper time, for those of

.. us of both political parties who constantly air ourselves on the

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subject of the economical administration of this Government, to either vote against further appropriations or have sufficient in­telligence to justify us in voting upon great appropriations which are asked for each year for the Geological Survey.

Mr. HAWLEY. Mr. President, I trust that nobody will con­fuse this matter by supposing that the paleontologists cost $i,OOO,­OOO. I admit that a million dollars is a large sum for this sur­vey. I am totally disqualified from passing upon the justice of it or the question of its value or necessity; but if it is to be r e­duced-and quite possibly it mightbereduced-itshould bedone under a system of inquiry into the various branches of it and the usefulness and necessity of it.

The ordinary, rather unlearned mind often supposes that it is of some use to a country that has an almost unlimited unsettled region to inquire into its characteristics in all respects, and it certainly can not be possible that we have spent millions for scientific research in, and have ha-d gentlemen going over all these vast ranges of mountains and valleys and have never found any­thing oLcommercial value.

This one little item of $6,000 is but a small speck in the large expenditures of this Governmen tfor the things that the unlearned mind does not see the value of in bread and butter. Now let us proceed to abolish all the United States part of the Smithsonian Institution, and leave it to th~ meager allowance which it would have under the Smithsonian fund. Why did we create this great Museum down here, which has within its walls some of the most valuable results of the researches of these practical paleontol­ogists?

Their business is, as the surveys go on, to a~company the ge­ological surveyors passing through those regions for the pur­pose of making searches and procuring what is valuable or in­teresting of animal or vegetable remains or fossils. They have found in that country what is not to be found in any other part of the world. I do not know that it can be said that the speci­mens they find can be sold. Some of thoseregionsoutWest are peculiar, in relation to the whole surface of the earth. The ge­ological conditions have been such, the climate has been such, that the fossil remains have been preserved there longer and in better condition than in any other place that can be found upon earth. It would be a misfortune to the Ecience of the world if in the researches that have been made these things that have been discovered had not been found.

But if you choose to make a commercial matter of it, direct Prof. Marsh, who is chief of the paleontologists, to have a sys­tematic business collection made of what he has found there, and sell it to the museums of the world, and thus make money out of the transaction. Hitherto we have not done that. We have put some curious specimens into colleges and the National Museum.

As my colleague suggests, in this same general category you might as well not maintain a public library. It is a part of the great business of learning, and it has been the special effort of this great Government, and, as I said before, it has done better than any government anywhere in fostering science and education in general.

So out of the $1,000,000 do not strike out one poor lit tle special scientific item. Revise and reduce if you wish. No doubt you can find places where you can possibly reduce more than $6,000.

Mr. DAWES. Mr. President, I do not desire to participate in this controversy which unhappily has arisen between the Di­rector of the Geological Survey and one or two Senators, and which breaks out- on every annual return of the appropriation bill. I regret that it should have concentrated itself upon these two paleontologists. I do not know whether the Director in all things is the wisest man that ever was in the world. . I do, how­ever, speak with some confidence when I say that the Geological Survey, going back to the time of Lieut. Wheeler and Mr. Hay­den, and the present Director, when they pursued under differ­ent branches of this Government the same general purpose, ar­rived at such results that it led the Government to consolidate them all into one and give them the unity of action and direction that has produced r esults which the scientific world has been glad to accept.

Mr. President, the scientific wvrld seems to have differed widely from the Senator from Missouri [Mr. VEST]. Everybody in the scientific world except the Senator from Missouri, and perhaps other Senators, has put almost inestimable value upon the results of this Geological Survey.

All the scientific associations and organizations in foreign lands have sent their medals to the Geological Survey as testimonials to the remarkable results of their researches. They have in their researches enabled the owners of mines containing preciotis metals in the West to more intelligently pursue their investiga- . tions. The books published by Mr. King, who preceded the pres­sent director o~ the Geological Survey, although I know as the works of an expert witness they did not exactly contribute to the

ends of lawyers at all times, and left irritations that sometimes appear in legislative bodies, and all that, yet as a whole they stand out in the estimation of-I will say to the Senator from Mis­issouri-almost all the scientific world, enabling it to come to a unity of conclusion upon this subject; that it surpas!!es the inves­tigations of like character in all other countries, and is demon­strating how rich is this country, especially the western portion of it, in evidences that science is gathering up as to the ancient history of the world we live in.

I certainly desire that this spasm of economy which has broken out to the extent of this $6,000 on these poor, unoffending, and undefended paleontologists might take a wider and a broader range, and not spend itself as certainly as it is spending itself here to-day. Certainly I should regret that all the efforts and persistency on both sides of this Chamber on the part of indi­vidual Senators in the discharge of their duty in cutting down great appropriations should finally be filed down to this little item of $6,000.

Mr. WOLCOTT. May I interrupt the Senator a moment? The PRESIDING OFFICER. Does the Senator from Massa­

chusetts yield? Mr. DAWES. Certainly. Mr. WOLCOTT. Is the Senator from Massachusetts aware

that on the following page of this very bill there is carried an appropriation of $30,000 further for paleontological research?

Mr. DAWES. Exactly, sir; and this bill carries millions of dollars, the items of which the world would be very glad to dis­cuss with the learned Senator from Colorado. However unable I myself may be to cope with him in argument as to the efficiency and wisdom of this expenditure, certainly I might hold some un­equal controversy with him, perhaps, as to the value of others over which my distinguished friend has been as silent as possible.

Mr. STEWART. · Mr. President, the Senator from Massachu­setts [Mr. DAWES], by the economical use of a million dollars, might buy a good many compliments; he could get a good manv nice things said about him if he would spend that amount of money, if he would print books with fine ptctures in them and send them abroad, or if he would give salaries to officers in vari­ous colleges and learned societies. If he could let them live off the Government they would meet and congratulate each' other and congratulate him. If he would do that he will annually get a good many complimentary things said about him.

Now, I believa there is more humbug about this business than in any other department of the Government. It is marvelous that this expenditure can be made without any Member or Sena­tor knowing why or how it is made. I tis not investigated by any­body. The salaries are fixed by the Director and i terns for those salaries are put in appropriation bills without any previous ar­rangement as to what they should be.

I had a little experience with one of these geologists at one time, and I must tell it, because it is rather an interesting story. When I was out West with the Committee on Irrigation, travel­ing on the Northern Pacific Railroad, we stopped at a station to take some testimony. They had bored wells along up the James River from 1,000 to 1,500 feet in depth. There was a marvelous flow of water there. It was an exhibition that would attract the attention of any ordinary man. Those wells were wonders. There was a geologist stopping in the neighborhood, and I at once thought that we could get information from him; we could ascertain the stratification that these wells have passed through; h ere is a chance to get the whole thing! it was so marvelous.

I called in the geologist and examined him. Notwithstanding he had been traveling around over the plains-looking at the grasshopper.s, I suppose, on the surface-he had never been to one of these wells. They had not attracted his attention. He was a scientific geologist. He wro~e the reports, and evolved his reports entirely from his inner consciousness, without looking at what was being done. He was one ot the geologists of the Geological Survey.

Now, I say that the subject of geology is very interest ing; the classification of the formations of the earth is a very inter­esting subject, and very important. It is important in a practi­cal sense. But it does not take a million dollars to follow it up. It does not cost anything near that amount. You want practical men that have scientific knowledge to examine where there is an opportunity for examination and exploration. ·

The Senator from Massachusetts [Mr. DAWES] says that their researches are valuable in rega1·d to mining operations. Not so. Never was a geologist sent to that country who knew enough to help on anything of the kind. Never a man was fool enough to put a dollar on the opinion of one of them. Never was a dollar invested on the]r information. On the contrary, they are looked upon as, and called in _that country, tenderfeet. [Laughter.] They are laughed at. They are scientific tenderfeet, and nobody would think of acting on their advic3 about mines.

A man would ce laughed at who should consider their asser-

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1892. CONGRESSIONAL RECORD-SENATE. 5889 tions of any value. Their assertions about mines are never proved true. Some examinations of the Comstock Lode were made by some of the best geological expertsin the world, and many thou­sands of dollars were paid to bring them there. They examined this formation. It is true they testified on each side, but they were as scientific men as this country has produced. They were all honest enough, however, to admit that the geologist was not a good man to discover mines; .that the man who examined and had an interest ina mine and traveled over thehills knew more about mining than they. They did not pretend that they could discover mines.

These geologists have pronounced one district after another nonminerallands; they have said that silver could not exist in many regions where some of the bestmines are; on the contrary, they have got up theories that other localities are vastly richer, and have tried to get miners to invest money, but the miners knew better. So far as mining is concerned they usually are wrong. I a~sert, with experience and know ledge on the subject, that every Iillner, every mining man in all the West, so far as gold and silver mining is concerned, will concur with me in say­ing that the information they get from geologists is of no ac­count. I will admit that the examination of a coal bed or iron bed might be of some value, if made by competent men. But when you come to the great majority of mines in the West, such geologists are of no use in Colorado or in any part of the West. That they may be of use in the East I am not prepared to deny.

This Bureau has grown toenormousproportions; it hasanim­mense patronage; the Director ha3 discretion in the use of this money that gives him a power in legislation that noman can re­sist. You talk about fighting these millions of dollars. Ofcourae men speak in their own b ehalf, and of course they writa nice things about it, because they have the money of the Government with which to do it. There never was organized in any govern­ment under any circumstances a bureau with mon'3y to mainhin itself that could not buy compliments.

The officers in this Bureau us2d to abusa me a good deal, but they ceased to do so for awhile because I have been silent. Now that I speak again, I suppose they will renew their abuse. I can stand abuse about as well as anybody, and perhaps I ought to be abused for calling attention to the matter.

But h ere we are talking about economy. A hundred thousand dollars a year would be ample for the business! That is more than Lieut. Wheeler got and he did a great deal with the money in his time. I think $50,000 a year would be ample. All you want is one or two or three geologists who are geologists. We have no right to employ them until they have won their spurs, until they have examined and studied the question suffi­ciently and are able to write something that will be useful.

They are writing these books and we are giying them the money in these various appropriation bills, amounting to a round million dollars a year, and their books are piling up, and it; wlll b e more work for the future scientists to examine those books than it would be to examine mother earth; it will be more work for future scientists seeking information to attempt to go through all these books than it would t:> get at the results from original sources. Baron Von Humboldt, single and alone, by his own examination, without support, did more for science in this di­rection than has been done in thiscountry ten times over. Von Cotter has written on mining a book that is a text book, and its suggestions are valuable to miners as they are to others.

Those valuable works were written wit4out examinations made under Government patronage. Their works give us the results of scientific examinations. If you are going to have scientific works written on geology you must take men that have intelli­gence, who are willing t9 devote themselves to it for their lives. The real science of geology has been produced by such men and not by Government clerks and employes who go out in the sum­mer and do a little airing.

It is all nonsense. This corps of geologigts floating over the country, young men taking a vacation because they have rela­tives or friends who can have influence with Congress, youncr men having a picnic over the country, is nonsense. It is a mock­ery of science. If any American has developed genius, has devoted his life to it so that he can write text-books, I would give such a man a good salary; I would be willing to appropriate money for his services. I would encourage science. But I do not want a pile of books, t oo heavy, too cumbersome, too dense, too enormous for any scientific man to examine.

What book has been produced by this Geological Survey that is fit to put into the hands of a student? When you t 2ach geology you have to ge t the books that were written by devotees of the subject, those who wrote accurately, going to nature for their information. You are getting nothing here that you will ever put into your schools. You have got a great establishment that spends-money, prints books and pictures, and gets compliments

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from scientific men. They compliment ' ea(!h other. I teli yon a million dollars will buy a good deal of humbug. This million dollars expended judiciously will buy a large amount of fulsome praise and laudation.

I protest against the Geological Survey as extravagant, as a foolish waste of money. Real information can b3 got tha~ will be of any use for one-tenth of the money, and can be prJcured in better form. Then this Bureau will not be strong enough to control both Houses of Congress and able to obtain whatever favors it wants.

Talk about investiga.ting! How are you going to in\estig ate? You may call a lot of witnesses, who will calleachother thieves and rascals. We get plenty of that kind of t estimony. There will be a great volume of testimony elicited during the investiga­tion; it will be printed. rrhen the young men and young women that have places there will come around here and lobby and electioneer because they will want to retain their places there.

What good will it do to be investigated while it ha$ a million of money to buy laudation and distrib'Jta patronag·e in the dis­cretion of one man? It is bigger than the Government, ani it is going on; there is no doubt about that. The money is going to be spent, wasted, but science is not going to be benefi tE d by it, nor is mining going to be benefitei by it.

The West is the field of their operations. Our people do not want it. ' Our people are not interested in it, because they get no benefit from it. In these days of economy it seems to me we might dispense with this luxury just for a little time.

Mr. PLATT. Mr. President, I should suppose, after listening to the speech of the Senator from Nevada [Mr. STEWART], that there was a proposition here to reduce the expenditures of the geological part of the Geological S urvey. The Senator from Ne­vada, I suppose, will vote for eleven geologists at $39,500 and for geological surveys at $100,000. I do not understand t llat he propos2s any amendment to cut down the geological work of this Bureau.

Mr. STEWART. If I can get anybody to vot3 that way I will propose amendments fast enough.

Mr. PLATT. Therefore the Senator will not take offens 3 at what I am now going to say. He is a.sking a defeat of this amend­m ent of the committee upon false pretens3s-thatisto say, upon the ground that the geological work of this Bureau has not been of any value. If that is the ca3e, the thing to do is to strike out the appropriation for the geologists and for the geological work. Nobody pretends that thegeological workhasnotbeenwelldone and has not been of value; but it seems to afford an opportunity to strike at another matter, and so the Senate is asked not to make this appropriation.

Mr. DAWES. I suppose there is no doubt but that the Sena­tor from Nevada knows mor-3 than I do about where are the richest mines of the world and just where to go to find the richest deposits of silver if not gold. All I know about it I have learned here. While the Senator was lost to the public s~rvice in the Comstock lode, going directly to its deepest and richest deposits, I was on the Committee on Appropriations in the other House doing all I could to get appropriations to maintain Clar­ence King in his surveys of the Comstock lode. The result of it is in the Library here, with the maps, in which every drift and every chamber and every deposit of the Comstock lod.e is spread out on the maps.

I was struggling in behalf of the Senator's fortune in main­taining Clarence King in this work and publishing it.

No]>ody in this or the other Chamber ever heard a lisp against the Geological Survey until my distinguished friend got out of the Comstock lode and got into this question of irrigating arid lands, and fell out with the present Director-not a lisp but en­couragement of those who had the appropriation bills in charge, pressing us on to get all we could and to magnify and amplify the work of the Geological Survey. When the distinguished Sen­ator from West Virginia, not now a member of t.his body, came in with a proposition to extend it all over the United States, and carried it through, in order to develop the mineral resource, of that great State, the men who are now charged with a want of economy got up here and tried to check it and confine it to the Western States. My dis:inguished friend here never thought of the great extravagance and useless expenditure until he thought one way should be adopted t1 irrigate the arid lands and the distinguished Director of the Geological Survey thought another way was wiser.

I never entered into that controversy with these gentlemen. My service here has been confined to doing what I could to en­courage all these developments and spread out the hidden wealth of the country so that my learned friend alone should not be the only man who could go in and delve and find the richest de­posits. I wanted the rest of the world to have the advantage of the knowledgewhichmydistinguishedfriend has had, and which he has pursued by the help of this Geological Survey until he is

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5890 CONGRESSIONAL RECORD-SENATE. J ULY 8,

tired of their acquisition and now turns his a\tention to the arid lands, and differs so widely from this distinguished professor. The complaint he now makes of him is he is too scientific; that he knows too much; that we must not rely on these men who know so much; that we must turn to the men who do not know it, who are practical and learned by going in themselves and coming out like the bee out of the flower, with the honey all over it. [Laughter.]

Mr. STEW ART. Mr. President, I admire as much as the Senator from Massachusetts the man to whom he has reference, Mr. Clarence King, but I superintended the making of those sur­veys and having them mapped. I had the whole Comstock Lode surveyed in early days by the united companies.

Mr. DAWES. Clarence King did it. Mr. STEW ART. No, he came afterwards and recorded; but

the maps were already made . Mr. Ike James was the engineer. There waR litigation from one end to the other of the Comstock, and the tunnels and the drift3 that were made were mapped under my direction from day to day for four years. When Mr. Clarence King went there the entire mines were caved in; he could not make a survey; and did not make underground tsur­veys. He took the surveys that the miners had made and made a pretty picture of it. It was all very well, and he wrote very well about the Comstock, but he discovered nothing. Every­thing had been discovered and unfortunately had been nearly worked out when he went there. He has not helped us any, but he has in.fo1·med the world how it was by taking our maps-all the maps down to the first 500 feet that were made at my sugges­tion. We mappedtogethereachsurvey. I sawiteveryday; and it was afterwards continued as a matter of business so that they couldgetthemapsoftheworks. Itwassimplycopied from what the miners themselves had done. That is alii have to say so far as that is concerned.

The Senator says he want3 to have the same advantage that the miners have. He wants some of the honey. He will get no honey from the locust-sent out by the Geologica] Survey.

Well, he will have to do the san:re as the miners do if he wants mines. He will never get them through the Geological Survey. ,.1 will give $1,000 bounty to any man who will show me a geo­logical survey that ever found a gold or silver mine or made a suggestion in regard to this matter of value to anybody.

The Senator says that I am opposed to Prof. Powell be­cause he knows too much, that he is too scientific. He knows too much of some kinds of things. He knows too much for the two Houses of Congress; he knows too much for the economy of the country; he knows too well how to bleed the Treasury; he knows too well how to buy laudation; he knows too well how to fool the people; he knows too well how t<:> hire admirers. He knows too well how to get all those things, how to run geology in Washington. He knows too well the geology of the two Houses of Congress; he knows too well the geology of the Dis­trict; and he knows too well the geology of the employes. But he knows too little of the geology of the earth, and he has r e-corded too little of it to satisfy me. ·

As to theappr_opriationforClarence King and Lieut. Wheeler, the appropriation for Clarence King was made under the War Department, and Lieut. Wheeler followed him under the War Department. It would have been a good thing to take the young men of the War Department, the young engineers {and every A.l·my officer says so to-day), and make it their duty to work in the field and get a topographic survey of the country for mili­tary purposes. That is legitimate, and it would be very little expense to the Government, and it would educate the young-men in the business. That is what the Engineer Department ought to be doing to-day.

That is what I said and what I think. I never was for this omniurn gatherum of a geological and every other kind of a survey, for the iaws to ba made to suit a particular man, allowing any man to create offices, t o appoint officers and run along and print as many b ooks as he pleases, and exchange them where he pleases, and get laudation, and build up a bureau too big for Con­gress. I n ever had anything to do with that. I never asked for an appropriation of this kind. It is out of place here. So far as the topographic survey is concerned, it ought to b 3 sent back to the Engineer Department, where it belongs. Other governments do the work through the engineer department. It familiarizes the officers with the topography of the country. Then they have their own maps. The engineers of the army of Franca and Ger­many make their own surveys and their own maps. Of course they are used by the public but the work is carried on in a scien­tific way.

So far us geology is concerned it does not need to b a connected with topography at all. It is simply useless . Von Humboldt d id not have a corps of engineers when he examined the surface of the earth to the extent he did in ordertomakeexaminations. To apply geology you must go where the earth's crust is frac­tured, where there are upheavals, or where there are excava-

1ilons. This country has for the last twenty yeara furnished a golden opp?rtunity to examine the f_ormation, but the grasshop­per geologiSts who run over the plains that the buffalo did for­merly are useless. The picnicing of the young men sent out therecanfurnish us no information. The topographical depart­ment of this Government ought to be sent back where it belono-s , and where I helped to start it, with a corps of engineers of the Army. As the young men come out of West Pointletthemhave something to do to improve their mathematics and improve their health instead o~ lying around and doing nothing.

I have been at the different )?OSts and conversed with the com­manding officers. They said 1t would be of immense use to the young m en if they could be employed four or five months in each year in the scientific work of making a topographic survey of the country. But they can not be used as other countries can use them. We have this, and we have geology, and paleontoloo-y, and ethnology, and how many ologies I do not know, all mi;ed up together, with one man at the head:

I say it is not because I differed with Prof. Powell in regard to the irrigation survey that I oppose this Bureau. He under­took to add to his omnium gatherum the public lands and the public-land laws, and to administer them. He got every land office in the whole West tied up and the people deprived of the right to a.cquire property, to build up their homes. The entire West united, and we had a. long and a t-edious fight to make him let go of our land offices, to make him open them again so that the settlers and homesteaders could get their titles. He under­took to tie them all up and hold them as a. part of this great machine, so as to give him money to buy more laudation and to control more legislation.

His ambition knows no end. A bureau should have a specific object. Topography is for the engineer, geology is for the scientist, and if these are regulated by law, and the officers' sal­aries are fixed and the duties fixed by law, nobody would more heartily support a proposition for scientific purposes than I. But the pretense that this can help the miners, the pretense that this Bureau can do everything and alleviate all the evils and take charge of the entire West is absurd. It can take care of the East, it can take care of the colleges as long as you give it money to buy influence, and it will have the power here and elsewhere.

Mr. CALL. Mr. President, I have had the pleasure, during the fourteen years which I have been in the Senate, of a personal acquaintance with the Director of the Geological Survey. !found him, when I first made his acquaintance, a one-armed Union sol­dier, with, as I was informed, a distinguished record of military service. His attainments as a scholar stood out in bold r elief because of the serious affliction which he had received in the per­formance of his duty . I have never known a more modest, amia.­b1e, devoted enthusiast in the pursuit of learning than Maj . Powell. I do Iiot believe a more honorable man exists upon the face of the earth than he is.

In all his conduct he has been generous, forbearing, receiv­ing thoee who were opposed to him in battle and from whom he received his wounds with the generosity and the courtesy that becomes a soldier and a brave man. He has received the appro­bation of scientific associations which it wa3 not possible for him to have bribed with offices or the dispensation of patronage, as claimed by the Senator from Nevada. There is not a scholastic body in the world distinguished for its learning and its attain­ments that dces not upon its records give the highest t-estimony to Maj. Powell as a scholar and an investigator and collator of fa.cts in regard to the hidden truths of natural science.

That he should be assailed here without evidence, after re­peated investigations in the course of these fourteen years by committees of both these bodies, who g ive an almost unanimous if n ot a unanimous verdict in his favor and in favor of the main­t enance of this Bureau and of these investigations, is in my opin­ion not in accordanc3 with the proper decorum that belongs to us. If there be such charges against Maj. Powell, let them be ma-de upon evidence, and let them be made before a committee of this body, where he will have an opportunity of vindicating himself against them. Now~ Mr. President, in r egard to the value of these researches.

Lord Bacon said when he began that great change and revolu­tion in practical reason and scienc3 that the commerce between man and things, between man and nature , was what was needed for the advancement of the human race a!ld the unfolding of human intelligence.

Bacon in the Instauratio Magna says: Man, the s ervant and interpreter of nature, does and understands so far as

he may haveobservedrespectingthe order ofnaturein things orin his mind, and further he h:ts neither-knowledge or power.

Truth is the daughter of time, not of authority. No wonder that these spells, authority, traditions, have so bewildered men that they have not dared to hold direct intercourse with things.

It would i,ndeed be disgraceful to mankind if after such parts of the mate­rial world had beenlaidopen whichwm·eunknown in fonner times, so many seas tra>erse:i, so many countries explored, so many new stars discovere~

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1892. CONGRESSIONAL RECORD-SEN ATE. 5891 philosophy or the intelligible world should be circumscribe:! by the same boundaries as before. It is manifest that the human understanding creates itself much n·ouble,

p.or makes an apt and sober use of such aids as are within the command of man, from whence infinite ignorance of things 3.Ild innumerable disa'i-van­tages arise. ·~ * * With all our inaustrywe should endeavor if haply this same commerce of mind and of things (than which a greater blessing can hardly be found upon earth, at least among earthly felicities,) might by any fneans be entu·ely restored, or if they might at least be brought to terms of nearer correspondence.

Since his day this axiom has become an accredited principle pf scientific investigation. The knowledge of things, of nature, has developed the wonderful powers of electricity. It has made its practical applications, and this geological science is to-day in­vestigating- the currents of heat and electricity, tmknown except by their occasional exhibition, which are traversing the earth and may by a not unreasonable anticipation furnish the motor powerof the world.

The Senator speaks of paleontology. In my own State mil­lions of dollars have been realized by the discovery that fossil remains contain the essence of vegetable life. So you may find these results occur in all the operations of scientific investiga­tion, and it is more than strange that learned Senators should stand here to-day to ask evidence of the practical value of scien­tific investigation. Apart from their historical value, from a knowledge of the earth and of the races that have preceded us, which we are told from investigation of fossil remains has been subject to the great catastrophes of nature, which have destroyed races, and of epidemics which have destroyed the animal life of the world, all these subjects of scientific investigation are prac· tically related to the development of the human race and the possibilities of its future.

We do not know where we are to stop, and for .Senators to say that we will stop these investigations b~cause they are oi no use is as though, in. regard to electricity, they would deride the pos­sibility that there was an agency of this kind, and what its future uses are to be. He is a blind man who will undertake to S!ty that he can see and will undertake to limit it, or any other of the unknown forces of the univers9-or its Divine CreatGr--

Mr. STEWART. When did Congress ever make an appro­priation to devolve electricity? Was not that don9 on prh·ate account? ·

Mr. CALL. It does not matt9r whether it was done on pri­vate account or not, I know -very well Morse's telegraph was ex­perimented upon here at public expense . But suppose it had not been done, is it not wise that it should be done more largely and efficiently by public action?

Mr. President, this is not the age of war. The Senator from Nev-ada speaks of confining this investigation to the military serv­ice.

Mr. STEWART. I should like to ask the Senator a question. Were the phosphate bads he speaks of discovered by this Bureau?

Mr. CALL. Yes, sir; they were first discovered by this Bureau. They gave the first intimation of their exist.ence.

Mr. STEWART. How long ago were they worked? Mr. CALL. They have been worked only in the last few years. Mr. STEW ART. Where are they? 1r. CALL. The fossil remains?

Mr. STEWART. Yes; whet·e are the fossil1·amains? 111r. CALL. All through Florida. There are some in Can­

ana. There ase supposed to be many in this part of the world. Mr. STEWART. This Bureau did not operat3 in Canada, did

it? Mr. CALL. Oh no; but it operated in Florida, and that is

sufficient for my purpose. I only mention Canada to show that such remains may be in Virginia, and in Nevada, and elsewhere.· We know not what is in the earth until it is examined.

There is another proposition, Mr. President, which utterly confutes the Senator from Nevada. Scientitic investigation de­fends and justifies itself. It is capable in itself of refuting all errors and all attacks. The stratification of the earth when accu­rately observed is known to contain certain identities, and to carry with it certain affinities of mineral, and it only needs an extensive investigation to determine with practical accuracy this fact. The SenatorfromNevadaadmits that in his own argument here, in the unfolding of the Comstock mines and others. So it is certainly true that a sufficient number of facts gathered in the course of years being obtained (and it is a slow work, we det-er­mine the character of the different stratifications and mineral forms of the earth) certain conclusions may be made from them. To Eay it has not been done in the few years of the life of this Bureau is to say nothing. It is a science which requires close and careful and long-continued investigation; but for a Senator to say that it is of no value to know what are the contents of the earth and the forces that onerate there is to me a most extra-ordinary proposition. -

Mr. President, I desire to say that it is within my knowledge that the investigations of this Bureau in respect to paleontology have been of practical benefit to the country.

The PRESIDING OFFICER. The question is upon agreeing to the amendment of the committee to insert lines 20 and 21, on page 64 of the bill. The yea1 having b : en ordered, the Secre­tal'Y will call the rolL

Mr. ALLISON. B efore the vote is taken I wish to say one word. The Committee on Appropriations of the Senate have inserted the provision of existing law having reference to this paleontological work. They have reduced, however, the appro­priations for these researches from $-10,000 to $30,000, $40,000 be­ing the sum in the appropriation hct for the year just closed.

I do not wish to enter into any discussion respecting the gen­eral value of the Geological Survey. It is only enough for me to say in response to what has been said respecting Prof. Powell that this is a Sm'vey which has been in existence for a long time, and in 1879 it was extended over the entire United States, cov­ering the area of every State and Territory. Therefore it is not a Western project or an Easte1'n or a Southern proj-ect. It is a project intended to cover eventually a g~ological survey of the entire country. The expenditures for the last year were about $700,000. The expenditures all toldfor the fiscal year for which we are now providing will be about $660,000.

Mr. STEW ART. Does that include the printing? Mr. ALLISON. Perhaps it would not include the printing.

I will add $50,000 for that, and say $750,000. This bill carries about $560,000 all told, for the purpose.

As respects the merits of this particular amendment! have only a\vord to say, and that is that practical geologists in this country, without exception, ra-gard p11.leontology as an essential part of any g eological survey. That, I believe, is understood every­where, and where geolo_gical surveys have been made, large ap­propriations and work of a paleontological character have b38n conducted in every geological survey of every State. There­fore it is an essential part of the SuTv-ey, and that is all there is about it. It is a small nart. There are but two scientific men engaged in it. One is -Professor Marsh, the president of the American Academy of Sciences, a gentleman well-known in the scientific wodd, who has be~n engaged in this work for many years.

I had occasion to examine this rna tter somewhat in detail during the present session, for the reason that an excellent young friend of mine, who has devoted his life to the study of pal eon to logy, in a letter to me criticised Prof. llal·sh rather severely for his method of conducting the paleontological work, insisting that he was de­vot.ing too much time to what is called vertebrate paleontology, and spending too much money to that end; and he allowed me to send a letter which he addressed to me to Prof. Marsh for criti­cism. I did so, and Prof. Marsh, in some detail, in a letter which I have , responded to that criticism of Prof. Osborn, who is now ths curatoroi the Museumin NewYorkCity. I receh·edagood many letters from other scientific gentlemen deprecating the fact that the House of Representatives had left out appropria­tions for paleontology, saying that if there was to be a geolog­ical survey it was n ecessary, in or der to study the strata of the earth, that there should be a study of the fossils, not only as re­spects the scientific results, but also as respects the practical results of geology.

It is perfectly certain that the presence of fossils in localities indicates a certain condition in that locality, whether it be of iron, or coal, or silver, or lead, or any of the numerous..JD.etals. That is conceded by geologists. Therefore it is, in my judg­ment, a wise and proper thing, if we are to maintain this Geo­logical Survey at all, that we allow the comparatively small sum of $36,COO to stand in the bill as a part of this general system.

As to the general criticism of the Senator from Nevada that the Geological Survey is in itsell of no value, I do not think it is necessary for m e now to make any observations about it. We find it in existenc3, and until this question is thoroughly inves­tigated by some committee having that subject in hand it seems to me that we must reasonably appropriate for the CQntinuance of the Survey, especially as we have a law now on our statute book, growing up in the way the Senator from Montana so aptly described a moment ago in the appropriation bills. So it ap­pears to me we must make appropriations ior this purpose. That is all there is in it. I trust if these appropriations are to stand that the small sum devoted to paleontology will be retained in the bill. .

Mr. STEW ART. I should like to inquire oi the Senator if he called the attention of Prof. Marsh to his two books on verte­brates?

Mr. ALLISON. That is a controversy I did not enter into .. I will say to the Senator frankly that that work relates to the speculative science of paleontology and to the evolution, prob­ably, of birds and animals and men, and is not practical, as I lill­derstand this part of the Geological Sur·rey to be.

1\ir. STEW ART. I refer to the printing of the two books. Mr. ALLISON.. No, I did not include .th:.t. Mr. STEWART. I wish the S ::mator would sand the two vol-

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5892 OONGRESSION .AL RECORD-SEN ATE. JULY 8,

umes to him and ask him why he did not make the second vol­ume as good as the first; why he did not copy the whole of it, and put in the same plates, and make it as good a book.

Mr. GALLINGER. Mr. President, I wish to submit a con­ference report.

The PRESIDING OFFICER. The Chair recognizes the Sena­tor from New Hampshire.

Mr. STEWART. Then I am taken off the floor? INCREASE OF PENSION TO HELPLESS PENSIONERS.

Mr. GALLINGER subn:.:itted the following report: The committee of conference on th e disagreeing votes of the two Houses

on the amendments of the House to the bill {S. 1910) to amend an act entitled "An act to increase the pensions of certain soldie1·s and sailors who are totally helpless from injuries received or from diseases contracted in the service of the United States," approved March 4, 1890, having m et , after full and free conference have agreed to recommend and do recommend to their respective Houses as follows :

That the Senate recede from its disagreement to the amendments of the House and agree ..to the same.

The report wa& concurred in.

J. H. GALLINGER, H. C. HANSBROUGH, JOHN M. PALMER,

Managers on the part of the Senate. L. F. McKINNEY, W AL'l' H. BUTLER, JOHN L. JOLLEY,

Manage1·s on the pm·t of the House.

FIRST METHODIST CHURCH OF JACKSON, TENN. Mr. PEFFER submitted the following report:

The committee of conference on the disagreeing votes of the two Houses . on the amendment of the Senate to tho bill H. R. 1216, "An act for there­lief of the First Methodist Church in the city of Jackson, Tenn.," having met. after full and free conference have agreed to recommend and do recom­mend to their re pective Houses as follows:

The House recedes from its disagreement to the first amendment of the Senate and agrees to the same, amended so as to fix the amount at $3,750, in lieu of the amount proposed; and the Senate agrees to the same. .

The House recedes from its disagreement to the second amendment of the Senate, and agrees to the same.

The House recejes from its disagreement to the third amendment of the Senate, and agrees to the same.

'l'he House recedes from its disagreement to the fourth amendment of the Senate, and agrees to the same.

'.rhe report was concurred in.

W. A. PEFFER, W. F. SANDERS, ISHAM G. HARRIS,

Managers on the part of the Senate. W. J. STONE, JOHN C. HOUK, B. J. ENLOE,

Managers on the part of the House.

MES3AGE FROM THE HOUSE. A message from the House of R 3presentatives, by Mr. T. 0.

TOWLES, the Chief Clerk, announced that the House had passed a bill (H. R. 8033 ) to r educe the duty on tin plate, terne plate and taggers' tin, and to repeal paragraph 209 of section 1 of an act entitled "An act to reduce the revenues, and for other pur­poses;" in which it requested the concurrance of the Senate.

JAMES A, RICHARDSON. Mr. HARRIS. Yesterday the bill (S. 2940) for the relief of

James A. Richardson, administrator of Ezekiel T. Keel, de­ceased, of Shelby County, Tenn., was reported ad-versely and in­definitely postponed. I ask that the vote by which the bill was indefinitely p ostponed be reconsidered and that the bill with the adverse report be placed on the Calendar.

The VICE-PRESIDENT. The motion to reconsider will be agreed to, ii there be no objection. The Chair hears none, and the bill will be placed on the Calendar with the adverse report of the committee.

SUNDRY CIVIL APPROPRIATION BILL. The S enate, as in Committee of the Whole, resumed the con­

sideration of the bill (H. R. 7520) making appropriations for sun­dry civil expenses of the Government for the fiscal year ending June 30, 1893, and for other purposes, the pending question be­ing on the amendment of the Committee on Appropriations to insert lines 20 and 21, on page 64, in the following wo~ds:

For one paleontologist, $4,000. For one paleontologist, $2.000.

.Mr. STEW ART. Mr. President, I do not wish to do injus­tice to Prof. Marsh, but my attention was called to the printing of his two books, and I ha.ve Eent for them. I wish I had them here. One is a very elegantly printed book, illustrated with ex­pensive plates, printed by the Engineer Corps of the Army, under which he acted at that time with Lieut. Wheeler. When this Bureau was consolidated under Prof. Powell he was then employed at $4,000 a year, and he produced another book which contained nothing that was not in the first book.

There was a little different arrangement and the engraving·s were not so good. The two books are very expensive. That

was his work for the year I understand. It occurred to me that it wa3 not the thing to do, and I confess that it created a preju­dice in my mind against Prof. :Marsh. As he is to go on with this work I should like him to explain how it happened that he printed theae two books, and how the Government is printing bo :->ks in that way. That is one of the real::ons why I am op· posed to this amendment, independent of other considerations.

Mr. HAWLEY. Mr. Pre ident, I' should hardly think that that was a sufficient rea-son for interfering withascientific qu~s­tion like this. P rol . Marsh ha3 not been heard at all on the sub­ject. The Senator never asked him any qu~stion ab:->ut i t . I never hear d any co~ plaint myself about him. I can only say of Prof. Marsh that the scientific world gen erally, Europ 3an as well a-s American, will vouch for his scientific acg_uirements. I can personally, with a multitude of other people, vouch for him as a learned man and as a gentleman in eYery r esp2ct, of unques· tioned integrity and poss2ssing the finest qualities of a gentle­man.

Mr. STEWART. If we pass this item over until to-morrow I will produce the book, and then the Senator may judgefo!' him­self.

Mr. HAWLEY. I should also want to produce Prof. Marsh, then.

Mr. STEW ART. The Senator can then examine the book, and produc3 Prof. Marsh if he likes.

The.VICE-PRESIDENT. The question is on agreeing to the amendment of the committee, on which the yeas and nays have b 3en ordered.

The Secretary proceeded to call the roll. Mr. COLQUITT (when his name was called). I am paired

with the junior Senator from Iowa [Mr. WILSON]. Mr. CULLOM (when his name was called). I am paired with

the Senator from Delaware [Mr. GRAY]. I do not see him in the Senate, and for the present I will withhold my vote.

Mr. HARRIS (when his name was called). I am paired with the Senator from Vermont [Mr. MORRILL]. I should vote" nay" iiI were at liberty to vote. Mr. STOCKBRIDGE (when Mr .MCMILLAN'S name was called).

My colleague [Mr. McMILLAN] is paired with the Senator h·om North Carolina [Mr. VANCE]. .

1\fr. McPHERSON (when hiB name was called). I am paired with the Senator from Delaware [Mr . .:j:IIGGINS].

Mr. PASCO (when his name was called). I am paired with the Senator from North Dakota [Mr. CASEY].

Mr. QUAY (when his name was called). I am paired with the junior Senator from West VIrginia [Mr. FAULK TER].

Mr. WALTHALL (when his name was called). I am paired with the junior Senator from Rhode Island [Mr. DIXON].

Mr. WARREN (when his namewascalled). lam -paired with the Senator from Georgia [Mr. GORDON].

The roll call was concluded. Mr. HAWLEY (after having voted in the affirmative). I failed

to announce that I have been paired with the Senator ~rom Geor-· gia [Mr. GORDON], but on this question his colleague [Mr. CoL­QUITT] thought I might safely vote.

Mr. COLQUlTl'. I am generally paired with the Senator from Iowa [Mr. WILSON], but after consultation with his col­league [M l'. ALLISON] I feel justified in voting. I vote "yea. "

Mr. DANIEL (after having voted in the negative). I desire to withdraw my vote. I observe pairs have been respected by some o thers, and I thibk it better to do so. I am paired with the Senator from Washington [Mr. SQUIRE].

Mr. HARRIS. I understood the Senator from Illinois [Mr. CULLOM] to say that he is paired with the Senator from Dela­ware [Mr. GRAY].

Mr. CULLOM. I am. Mr. HARRIS. I am paired with the Senator from Vermont

[Mr. MORRILL]. We will transfer pairs, if agreeable to the Senator, and vote.

Mr. CULLOM. Let us vote. Mr. HARRIS. I vote "nay." Mr. CULLOM. I vote" yea." The result was announced-yeas 31, nays 21; as follows:

Aldrich, Allen, Allison, Blackbmn, Call, Cameron, Chandler, Colquitt,

Bate, Berry, Blodgett, Brice, Carey, Co&krell,

Cullom, Davis, Dolph, Frye, Gallinger, George, Gibson, Md. Gorman,

Coke, Felton, Hansbrough, Harris, Jones, Nev. Kyle,

YEAS-31 . Hawley, Hunton, Jones, Ark. Manderson, Paddock, Perkins, Platt, Proctor,

NAYS-21. Mills, Palmer, Pe1'1'er, Power, Stewart. Turpie,

Pugh. Ransom, Sanders, Sawyer, Shoup, Stockbridge, Vilas.

Vest, White, Wolcott.

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1892. CONGRESSIONAL RECORD-SEN ATE. 5893 NOT VOTING-36.

Butler, Gordon, McMillan, Qarllsle, Gray, McPherson, Casey, Hale, Mitchell, Daniel, Higgins, Morgan, Dawes, Hill, Morrill, Dixon, Hiscock, Pasco. Dubois, Hoar, PettigreV"', Faulkner, Irby, Quay, Gibson, La. Kenna, Sherman,

Squire, Stanford, Teller, Vance, Voorhees, Walthall, Warren, Washburn, Wilson.

So the amendment was agreed to. The VICE-PRESIDENT. The next amendment of the Com­

mittee on Appropriations will be stated. The SECRETARY. On page 65, line 22, after the word" dol­

lars," strike out the following proviso: Provided, That after the 1st day or July, 1892, the Geological Survey shall

not expend any money for paleontological work or researches.

Mr. STEWART. I hope that amendment will not ba agreed to. Here is $30,000 .to be thrown away. We are on tbe line of economy now. The other House did not appropriate it, and we bad better insist on thosa things that are necessary. It is hard work to get money to carry on the Government, and when you are going to carry on a performance of this k ind, which I do not think is very valuable, and we can not get enough money appro­priated to survey the public lands, I do not think we should agree to the amendment.

Mr. VEST. Let us have the yeas and nays on the amendment. Mr. STEWART. Yes; let us have the yeas and nays. The yeas and nays were ordered. Mr. FRYE. Does the Senator from Missouri desire the yeas

and nays on the pending question? The next item appropriates $30,000 for this purpose.

The VICE-PRESIDENT. The yeas and nays have been or­dered, and the roll will be called on agreeing to the amendment of the committee.

The Secretary proceeded to call the roll. Mr. DANIEL (when his name was called). I am paired with

the Senator from Washington [Mr SQUIRE]. Mr. HARRIS (when his name was called,). Transferring my

pair to the Senator from Delaware [Mr. GRAY], I vote" nay." Mr. McPHERSON (when his name was called). I am paired

with the Senator from Delaware [Mr. HIGGINS]. Mr. QUAY (when his name was called}. I again announce my

pair with the junior Senator from West Virginia fMr. FAULK-NER]. .

Mr. WALTHALL (when his name was called) . I am paired with the junior Senator from Rhode Island [Mr. DIXON].

The roll-call having been concluded, the result was announced­yeas 29, nays 18; as follows:

YEA8-2ll. Aldrich, Davis, Manderson, Sawyer, Allen, Dolph, Palmer, Shoup, Allison, Frye, Perkins, Stockbridge, Blackburn, Gallinger, Platt, Vilas, gall, Gibson,Md. Proctor, Warren.

ameron, Hawley, Pugh, Chandler, Hunton, Ransom, Cullom, Jones, Ark. Sanders,

NAYS-lR Bate, Coke, Mills, Vest, Berry, Felton. Peffer, White, Blodgett, Hansbrough, Power, Wolcott. Brice, Harris, . Stewart, Carey, Kyle, Turpie,

\ NOT VOTING-41. Butler, Gibson, La. Kenna, Squire, Carlisle, Gordon, McMillan, Stanford, Casey, Gorman, McPherson, Teller, Cockrell, Gray, Mitchell, Vance, Colquitt, Hale, Morgan, Voorhees, Daniel, Higgins, Morrill, Walthall, Dawes, Hill. Paddock, Washburn, Dixon, Hiscock, Pasco, Wilson. Dubois, Hoar, Pettigrew, Faulkner, Irby, Quay, George, Jones, Nev. Sherman,

So the amendment was agreed to. The next amendment was, at the beginning of page 66, to in-

sert: For paleontologic researches relating to the geology of the United States,

$30,000.

Mr. WOLCOTT. I call for the yeas and uays on that amend­ment.

The yeas and nays were ordered, and the Secretary proceeded to call the roll .

Mr. COLQUITT(when hisname was called). lam paired with the Senator from Iowa [Mr. WILSON].

Mr. CULLOM (when his name was called) . My pair with the Senator from Delaware [Mr. GRAY] having been transferred to the Senator from Vermont [Mr. MORRILL], I vote "yea."

Mr. DANIEL (when his name was called). I am paired with ~e Senator from Washington [Mr. SQUIP.E].

Mr. McPHERSON (when his name was called). I am paired with the Senator from Delaware [Mr. HIGGINS].

Mr. PASCO (when his name wa'3 calle:l). I again announce my pair with the Senator f1~om North Dakota [Mr. CASEY].

Mr. QUAY (when his name was called). I am paired with the junior Senator from West Virginia [Mr. FAULKNEP.].

1t·. WALTHALL (when his name was called) . I again an: nounce my pair with the Senator from Rhode Island [:IVIr. DIXON].

The roll call having been concluded, the result was announced­yeas 27, nays 21; as follows:

YEAS-21. Aldrich, Davis, Manderson, Sanders, Allen, Frye, Paddock, Sawyer, Allison, Gallinger, Palmer, Shoup, Call, George, Platt. Stockbridge, Cameron, Gibson, M:d. Proctor, Vilas, Chandler, Hawley, Pugh, Warren. Cullom, Jones, Ark. Ransom,

NAYS-21. Bate, Dolph, Mills, Vest, Berry, Felton, Peffer, White, Blodgett, Hansbrough, Perkins, Wolcott. Carey, Harris, Power, Cockrell, Jones, Nev. Stewart, Coke, Kyle, Turpie,

NOT VOTING-40. Blackburn, F:tulltner, Hunton, Quay, Brice, Gibson, La. Irby, Sherman, Butler, Gordon, Kenna, Squire, Carlisle, Gorman, McMillall, Stanford, Casey, Gray, McPherson, Teller, Colquitt, Hale, Mitchell, Vance, Daniel, Higgins, Morgan, Voorhees, Dawes, Hill, Morrill, Walthall, Dixon, Hiscock, Pasco, Washburn, Dubois, Hoar, Pettigrew, Wilson.

So the amendment was agreed to . The reading of the bill was re3umed. The next amendment

was, on page o6, line 15, before the word "thousand," to strike out" three" and insert" four;:' so as to make the clause.read:

For rent of ofilce rooms in Washingtcn, D. C., $4,200.

The amendment was agreed to. The next amendment was, on page 66, line 16, after the word

"all," to insert "for the United St:Ltes Geological Survey;" and inline17, before the words ';four hundred," to strike out.'' fifteen thousand and" and insert" sixty-two thousand;" so as to made the clause read:

In all, for the United States Geological Survey, $!:6!,400.

The amendment was agreed to. The next amendment was, under the head of" Miscellaneous

objects," on page 66, after line 19, to insert: ELEVENTH CENSUS.

For salaries and necessary expenses for continuing the work of compilin~ the results of the Eleventh Census, $800,000.

For the work of the division of farms, homes, and mortgages, $150,(}JJ._

The amendment was agreed to. The next amendment was, at the beginning of page 67, to in­

sert: That the appropriation of $250,000, made by the act of March 3, 1891, for

printing the final reports of the Eleventh Census, be, and the same is hereby, made available for the fiscal year 1893, and until the completion of said work, under the limitations and conditions prescribed by said act.

The amendment was agreed to. The next amendment was, in the appropriations for " Supreme

Court Reports," on page 67, line 11, after the words "one hun­dred and," to strikeout'' forty-five" and insert'' forty-nine·" and in line 15, after the date "1~ 9," to strike out "saven hundr~d and sixty ' and insert "one thousand three hundred and sixty­eight;" so as to make the clause read:

To pay the reporter of decisions of the Supreme Court of the United State3 for 76 copies, each, of volumes H1 to 149, inclusive, of the United States Re­ports, at a rat.e not exceeding $2 per volume, under the provisions of section ~ or the act or February 1:~, 1889, $1 ,368.

The amendment was agreed to. The next amendment was, in the appropriations for "Govern­

ment Hospital for the Insane," on page 67, line 2~, after the word " National," to strike out '' Homes " and insert " Home; " so as to read:

For cm·rent expenses of the Government Hospital for the Insane: For support. clothing, and treatment in the Government Hospital for the In­sane of the insane from the Army and Navy, Marine Corp3, Revenue-cutter Service, and inmates of the Tational Home for Disabled Volunteer Soldiers, persons charged with or convicted of crimes against the United States who are insane, etc.

The amendment was agreed to. The next amendment was, on page 68, line 8, before the word

''thousand," two strike out" twe.Ive" and insert "twenty:" so as to make the clause read:

For general repairs and improvements, $20,000. The amendment was agreed to.

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5894 CONGRESSIONAL RECORD-SENATE. JULY~'

The next amendment was, on page 68, after line 9, to insert: For additional accommodations for the epileptic insane, including the

furnishing and radiators, $68,250. The amendment was agreed to. The next amendment was, on page 68, line 17, before the word

"thousand. 'to strike out "fiva" and insert 'seven;" so as to make the claus3 read:

For inclosing new farm and refitting buildings thereon for hospital use, $7,000.

The amendment was agreed to. The next amendment was in the appropriations for" Colum­

bia Institution for the Deaf and Dumb,"at the beginning of page 69, to insert:

For buildings and grounds, as follows: For inclosure. care, and improvement of grounds, $2,000. For repairs of buildings, including repairs of heating apparatus, plumb·

ing, and sewerage, $2,000 .•

The amendment was agreed to. The next amendment was, in the appropriations for'' Howard

University,' on page 69, line 11, before the word "dollars," to strike out" twenty thousand" and insert': twenty-four thousand three hundred; "so as to make the clause read:

For maintenance of the Howard University, to be used in payment of part or the salaries of the l>fficers, professors, teachers, and other re!?ular _em· ployes of the university, the balance of which will be pa~d fr<?m a<?natwns and other som·ces, $24,300. And the proper o~cers of sa1d un1vers~ty .shall report annually to the Secretary of the InteriOr how the appropnatwn is expended.

The amendment was agreed to. The next amendment was, on page 69, line 16, before the word

"thousand," to strike out'' two" and insert ''four;" so as to make the clause read:

For tools, materials, wages or instructors, and other necessary expenses of the indust·rial department, $4,000.

The amendment was agreed to. The next amendment was, on page 69, line 19, before the word

"dollars, ' to strike out "five hundred" and insert "one thou­sand;" so as to make the clause read:

For books for library, bookcases, shelving, and fixtures, $1,000.

The amendment was agraed to. The next amendment was, on page 69, line 22, before the word

"gollars," to strike out" five hundred" and insert" one thou­sand;" so as to make the clause read:

For improvement of grounds, 1,roo. The amendment was. agreed to. The next amendment was~ on page 69, line 2!: before the word

"thou!:and," to strike out "one'' and insert" two;" so as to read: F~r repairs of l:nlildings. $2,000.

The amendment was agreed to. The next amendment was, on page 70, line 1, to increase the

total amount of the appropriations for "Howard University" from " $24,500' to " $32,~00."

The amendment was agreed to. The next amendment was, in the appropriations for "Freed­

men's Hospital and Asylum," on page70, line 10, after the word "fo!'," to.st1;ike out" subsistince twenty-two" and insert "sub­sistence, twenty-three;" so as to made the clause read:

For subsistence, $23,000. The amendment was agreed to. The next amendment was, on page 70, line 15, before the word

"thousand," to strike out "fourteen" and insert "sixteen;" so as to make the clause read:

For salaries and compensation of the surgeon-in-chief, not to exceed $3,000; two assistant surgeons, clerk, engineer, and matron, nurses, laundresses, cooks, teamsters, watchmen, and laborers, $16,000.

The amendment was agreed to. · The next amendment was, on page 70, after line 21, to insert:

For erection of a brick coal house, $800.

The amendment was agreed to. The next amendment was, on page 70, line 24, to increase the

total amount of the appropriations for '' Freedmen's Hospital and Asylum" from "$51,525" to 11 $55,325."

The amendment was agreed to. The next amendment was, to strike out the clause from line 6

to line 20, inclusive, on page 71, in the following words: Hot Springs Reservation: For the improvement, according to suitable plans

and estimates to be prepared under the direction of the Secretary of the In· terior of the Government re erve bordering upon "Whittington avenue, on the west branch of Hot Springs Creek, Hot t;prings, Ark., and to have said improvement completed to make sa.idreserYe available in part as a reservoir to retain and reta.rd the flood waters of said creek, and to pur. said reserve in a suitable state of improvement, $30,000, or so much thereof as may be neces· sary the same to be paid out of any money that may now or hereafter be available from the proceeds of the sales of public lands within the Hot Springs, Ark., reservation, and that is required, by existing law, to be held as a special fund for such improvements as may be provided for on Govern­ment reservations at said Hot Springs by Congress.

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_1r.JONESof Arkansas. Iaskthechairmanof thecommittee in charge of the bill to agree to insert, after the word " improv~~ ment," in line 6, in the provision proposed to be stricken out, the words" in the discretion of the Secretary of the Interior," and that after that amendment is mad.e the puragraph may remain in the bill.

It is unnecessary for me to explain that the amendment which I propose will leave the matter entirely within the discretion of the Secrataryof the Interior as to whether he will make this im­provement or not. I think it ought to be left in the discretion of the Secretary to make the improvement or not as he sees fit. The amendment propos=d by the committee would strike the provision out, and would not allow him to make the improvement if he thought it was material and necessary to be done.

I think the matter ought to be left in the discretion of the Secretsry, and if the chairman will agree to the amendment which I propose and then agree to recede from the committee amendment striking out the paragraph, justice will be done to the Hot Sprino-s and the Government at the same time.

Mr. HARRIS. Where does the Senator propose his amend­ment to come in?

Mr. ALLISON. The committee made a careful examination of this matter.

Mr. JONES of Arkansas. Just one moment. · The Senator from Tennessee asks me where I propose my amendment to come in. After the word "improvement," in line G, I propose t6 in­sert the woeds "in the discretion of the Secretary of the Inte­rior. "

Mr. ALLISON. This is to really build, as the Senator very well knows, a driveway on the hill near the Hot Springs reser­vation and improve a little artificial lake there about which a good many people own lots. It proposes to take the money that ought to b3 used for the improvement of the Hot Springs reser­vation for that purpose. I am so firmly impressed myself with the belief that this money should not be so used, that I do not want to leave this discretion in the hands of the Secretary of the In­terior, although I feel sure that during the existence of tho pres· ent occupant of that office the money would not be so used, be· cau~e he has written to the commi tee a protest against its use unless the money is taken out of the Treasury. What I am afraid of is that if we sanction this improvement in any form the Treas­ury will be called upon to appropriate the money for this specific purpose.

Mr. JONES of Arkansas. The Senator from Iowa certainly does not intend to have the Senate misunderstand the facts in this casa.

){r. ALLISON. I do not. Mr. JONES of Arkansas. This proposed improvement is a

part of the reservation at Hot Springs. It is a proposition to direct the Secretary of the Interior to improve certain localities within the reEervation at Hot Springs. He has the discretion under the general law to make improvements, and there are cert:1in funds, the proceeds of the Government property at Hot Springs, in his hands as a trust fund to make improvements.

I believe that this improvement ought to be left discretionary with the Secretary. If on its merits it ought to be made, then he ought to have the authority under the lawto make H. With the words which I propose to insert thera can be no pretense that a dollar of this appropriation will come out of the Treasury, because in specific terms in the paragraph as it stands the re­quirement is that it shall come out of the funds which were ap­propriated for the improvement of this reservation.

If there are other localities in the reservation which aro more worthy of improvement than this, then my proposed amendment will leave it within the discretion or tha Secretary to make the improvements where they are needed; but if, on the other hand, it shall appear to him that this improvement ought to be made to the exclusion of other _parts of the work, then it will be done. This leaves the matter exactly where it ought to be, in my opin­ion, resting in the discretion of the Secretary of the Interior.

Mr. ALLISON. On the statement of the Senator from Arkan­sas there is no need of any provision about it; if this is on the reservation and a part of it, and the Secratary of the Interior wants to use this money, he can use it now. The facts are, how­ever, that most of the sourrounding property is owned by private individuals.

Mr. BERRY, Will the Senator from Iowa permit me to ask him a question?

Mr. ALLISON. Yes, sir. Mr. BERRY. If I understand the law correctly, the,Secretary

can use money that he gets from the water rents at his discretion i.I: makino- improvements, but the money that comes from the sale of lots can only be disposed of by act of Cong-rass, and tho Secretary has not the power to dispose of that portion of the pro­ceeds which comes from the sale of lots. That is tho money I understand that is proposed to be used here.

..

_ ..

1892.' CONGRESSIONAL RECORD-SENATE. 5895 Mr. JONES of Arkansas. In continuation of what I have just

!;laid, I will ask the Senate to listen to the reading of a letter from the Secretary of the Interior, in which he explains his posi­tion in this mattel'. It is addressed to Hon. C. R. BRECKIN­l=tiDGE, of the House ofRepresentatives, who is a member of th9 Committee on Appropriations, and is in the following words:

DEP ART:.MENT OF THE INTERIOR, Washington, March 24, 1892.

Sm: Referring to your letter of the 21st instant, inclosing House bill 7219, relating to the improvement of Lake Reserve, on Whittington avenue, Hot Springs, Ark., asking my views and recommendations regarding the mat­ter, and also for a statement of receipts and expenditures a.t Hot Springs for the last ten years, I have the honor to make the following suggestions: I regard the improvement of Lake Reserve as a. desirable object provided the funds at command shall be sufficient to accomplish this object after more important improvements are made, and this is a matter which can not be determined until after the sale of lots on the 12th of April, nor until surveys and estimates are made of other pressing necessities.

For instance, I regard the improvement of the mountain reservations and making roads and drives over them to a. reasonable extent. so as to make them accessible to tourists, of more importance than the improvement of Lake Reserve, b)lt am entirel-y at a loss as to what amount of money will be needed to make such improvements, and without more definite knowl­edge than I now have on the subject, I am not prepared to advise that so large an expenditure as $30,000 for this pm·pose shall be made obligatory on the Secretary. I would therefore recommend that the word "empowered" be substituted for the word "directed •· in the fourth line of the first section or this bilL

I inclose statement of receipts and expenditures ·for the last ten years as shown by the records of this Department. A more detailed statement will have to be obtained from the Treasury Department.

Very respectfully, JOHN W NOBLE, See1·etary.

Hon. C. R. BRECKlNRIDGE, United States House of Repre8entatit'es.

Statement showing yearly 7'eceipts and expenditures of Hot Bprinqs, A1·k., from 1882 to 1891, inclusive.

Receipts.

Year.

1882--------------1883--------------1884--------------

1~ ==~~==~~====== 1887--------------1888--------------3.889--------------

~Wt ==~~==~=======

Water rents.

$4,714.50 4, 732.50 3,805.l0 3,805.00 3, 805.00 3, 805.00

11,133.90 11,490.00 15,198.35 15,565.85

78,055.10

Total ______ --·------------·

Appropria­tions.

$33,744.78

---- ·--r~;ooo:oo·

8,000.00 20,000.00

136,744.78 78,055.10

214,799.88

Expenditures.

Advanced to superintend­ent for sal­

aries and in­cidental ex-

penses.

$3,985.84 500.00

1, 150.34 5,424.12 6,800.00 5, 700.00 8,100. 00 7,200.00 4,900.00

23,000.00

66,740.30

For improve­ment of creek

from July, 1883, to May,

1837.

$14.9, 030. 08

149,030.08 66,740.30

215,770.38

The expenditures exceeded the receipts during the ten years sta.te.d $9'i0.50 This wa.s ma.de possible by the balance to the credit of the account in 1882. 8~oc~~~ -~~~~~~=~~~~~~~-~~~--~~=~-~~~--~~~~~~~~~-~~~-~:_e_~-~:~~ $44,200.00 Expended for same--------------------------------------------------- 43, on.O:l

Balance ___________________________ . _ ____ __ _ __ _ ____ _ _ ____ __ __ ____ 1, 122. 91 Appropriation for improvement of roads.----------·---____________ 5, 000.00

No expenditures on this appropriation.

Mr. President, the amendment which I have suggested to the Senate will leave this matter absolutely in the discretion of the Secretary of the Int3rior, and why there should be any dispo­sition on the part of gentlemen on the other side of the Cham­ber to deny to the Secretary of the Interior that discretion, I confess I can not understand. I insist that this discretion ought to be vested in him, and I ask for a vote on my amendment.

Mr. ALLISON. Just one word in response to the Senator from Arkansas. After hearing read 'the letter of the Secretary of the Interior, in which he states that he thinks that this im­provement might be made out of these funds af"t.rer certain other things are done, I, for one, am not quite willing to allow this dis­cretion to be placed in the hands of the Secretary. I do not think any portion of the money for this Hot Springs reservation should be used for this purpose, certainly not until the people who are compelled to go there, and who are in poverty and not able to stay at the large hotels, are provided with means to have the advantages of that reservation.

Mr. JONES of Arkansas. The Senator certainly can not be in earnest when he intimates to the Senate that the proceeds of the sale of lands and the proceeds of the sale of hot water from the springs are to be used for providing accommodations for people who are not able to pay hotel bills. There has been no l!lOney appropriated for any such purpose, and no one knows it betteJ• than the Senator from Iowa.

, ...

Mr. ALLISON. If the Senator understands me to mean any such thing, he totally misapprehends my meaning. He knowf? what I mean by accommodations there. I do not mean hotel bills.

Mr. JONES of Arkansas. The Secretary of the Interior says he has no.objection to this appropriation of $30,000, except that this money might better be appropriated to some other improve~ ment. This leaves the matter entirely in his discretion, and he can make the other improvements if they are desirable and leaves this $30,000 to be appropriated for this opeci1ic purpose after the improvements which he thinks ought to be made have 'been made.

The VICE-PRESIDENT. The questionison the amendment submitted by the Senator from Arkansas [Nfr. JONES], to perfect the text proposed to be stricken out. [Putting the question.] •.rhe ''ayes" appear to have it. The "ayes" have it, and the amendment is agreed to. Mr~ ALLISON. I shall ask for the yeas and nays on this

amendment, but I ask that it maybe passed over until to-morrow. The VICE-PRESIDENT. The amendment will ba pass2d over.

The reading of the bill will be resumed. M1'. JONES of Arkansas. I should like to offer an amendment

at the end of the paragraph. I thought the paragraph would be read in full before the amendment was passed over. I offer the amendment which I send to the desk to come in after line 20, on page 71, at the end of the paragraph which has just been passed over.

.The VICE-PRESIDENT. The amendment will be stated. The SECRETARY. At the end of line 20, on page 71, it is pro­

posed to add: Army and Navy hospit~.J.: For the improvement and maintenance of the

grounds about the Army and Navy hospital at Hot Springs, Ark., to con­tinue available until expended, $7,9e0.60.

Mr. ALLISON. I will say to the Senator from Arkansas that that amendment will be in ord3r after the committee's amend­ments are disposed of. It relates to another matter. I hop3 the Senator will withdraw it until the committee's amendments are disposed of.

Mr. JONES of Arkansas. Then I withdraw the amendment, and shall offer it after the committee·samendments are disposed of.

The reading of the bill was resumed. The next amendment of the Committee on Appropriations was, under the head of "Under the War Department," in the appropriations "for the Rock Island Arsenal, Rook Island, Til.," at th 3 be ginning of page 72, to insert:

To complete shop K, an iron finishing shop for the armory, $7,800. To complete storehouse K, $8,750.

The amendment was agreed to. The next amendment was, on page 72, line 5, before the word

''thousand " to strike out '' three" and insert ''fifteen·" so as to make the d1aus3 read: '

For machinery and shop fixttu·es, $15,00J.

'.rhe amendment was agreed to. The next amendment was, on page 72, line 6, to insert:

For hospital, $38,580.

The amendment was agreed to. The next amendment was, on page 72, line 13, before the word

"thousand," to strikeout" six" and insert" nine;" so as to make the clause read:

For general care, preservation, and improvements; for care and pre~rva­tion of the water power; for painting and care and preservation of permanent buildings, bridges, and shores of the island; for building fences and sewers, and grading grounds, $9,000.

The amendment was agreed to. The next amendment was, in the appropriations "for the Rock

Island bridge," on page 72, line 16, before the word "thousand," to strike out "five," and insert "fifteen;" so as to make the clause read:

For care, praser>ation, and e:Arpense o! maintaining a.n:l operating the draw, $15,000.

The amendment was agreed to. The next amendment was, on page 72, aft3r line 18, to insert:

For overhauling and reconstructing the floor systems and substituting metal for wooden joists in the roadways of the brld&"es connecting the Rock Island Arsenal and the cities of Rock Island, IlL, an:.~ Davenport, Iowa, $5:>,-000: Provided, That the Secretary or War shall require the Chicago, Rock Island and Pacific Railroad Company to reimburse to the United States one­half of the expenses incurred in said work, for which that comp3.ny is liable under its gu:1ranty executed to the United States under the acts of Cong ess providing for the construction of said bridge, 'but the Unite:l States shall pay the whole expense of flooring the wagon roa1way.

The amendment w-as agreed to. The next amendment was, in the appropriations for" Colum­

bia Arsenal, Columbia, Tenn.," on page 73, after line 14, to in­sert:

For payment for work done and material furnished in the construction of buildings at said arsenal, $4,000.

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5896 CONGRESSIONAL RECORD-SENATE. JULY

The amendment was agreed to. The next amendment was, on page 74, line 14, before the word

''thousand," to strike out "forty" and insert "sixty;" so as to make the clause r ead:

Repairs of arsenals: To meet such unforseen expenditures at arsenals as accidents or other contingencies during the year may render necessary, f60,0:JO.

The amendment was agreed to. The next amendment was, in the appropriations for "buildings

and ground!3 in and around Washington," on page 75, line 5, to increase the appropriations "for care and improvement of mon­ument grounds," from "$2,500 'to "$5,000."

The amendment was agre3d to. The next amendment was, on page 75, line 20, before the word

"thousand,' to strike out "one" and insert " two;" so as to make the clause read:

For purchase and repair of tools, $2,000. The amendment was agreed tO. The next amendment was, in the appr opriations "for repairs

and fuel at th3Ex:ecative Mansion," on page 77, in line 1, before the word'' thousand," to strike out'' sixteen" and insert'' twenty­six;" so as to make the clause read:

For care, repair, and refurnishing the Executive Mansion. [26,000, to be expended by contract or otherwise, as the President may determine.

The amendment was agreed to. The next amendment was, on page 77, line 5, before the word

"thous:md," to strike out "four'' and insert "five;" so as to make the clause read:

For care and necessary repair of greenhouses, $5,000. The amendment was agreed to. The next amendment was, on page 77, line 8, before the word

"thousand," to strike out "two" and insert "three;" so as to make the clause read:

For renewing the superstructures of two greenhouses connected with the Executive Mansion, $3,000. •

The amendment was agreed to. The next amendment was, on page 78, line 17, after the word

'' thousand," to insert '' five hundred;" so as to make the clause read:

Telegraph to connect the Capitol with the Departments and Government Printing O.tnce: For care and repair of existing lines, $1,500.

The amendment was agreed to. The next amendment was, on page 79, after line 12, to insert: Fishways at Great Falls: To complete the erection of flshways at the

Great Falls of the Potomac, $15,000.

The amendment was agreed to. The next amendment was, in the appropriations for "military

posts," on page 79, line 19, before the word "thousand," to strike out" three hundred and fifty" and insert" five hundred;" so as to read:

,

The object, as stated in the act, was to es tablish a military school for cavalry and artillery p ~rposes. It is about the central portion of the eastern one-half of Kansas , in the midst of one of the best ag ricultural regions in the world. We pr oduce immense quan­tities of corn, of wheat, of cat tle , of hogs, and sheep, and vege­tables in every conceivable vari'::l ty, so far as the products of the temperate zone are concerned.

In 1889 we produced in the neighborhood of 60,000,000 bushels of wheat. Only last year our farmers produced something over 260,000,000 bushels of corn. This year our products may be equal to those of last year. So that the Lieutenant-General acted with great wisdom and prudence in suggesting the establishment of a military school in that particular part of the country.

In addition to that, the land is peculiarly well situated and arranged naturally for the p urposes for which it is proposed to lay out this r eservation. The ground is r olling, delightfully undulating, presenting a variety of surface, so that the accus­tomed drill of the Army may ba had in perfection. There are streams of water, and the r eservation itself, including something like 20,000 a cres of land, is one of the largest military r eserva­tions in the country, lying immediately upon the bank of the R epublican River at its junction with the Kansas River, and lying upon one of the great railway thoroughfares of the country, the Union Pacific. 8o that there is ample facility fo r trans­porting troops east, west, north, and south, and in all directions.

Something over $400,000 have already been expended upon this reservation. I have h ere the diagram for the inspection of Senators who care to look at it, showing the work which has al­ready b 3en done, and what is propo3ed to be done; how the grounds are laid. out, how the buildings are arranged, how the r Jadways have already been constructed, with a display of the buildings already erected and in use, and those proposed to be c Jnstructed. The military authorities in command a~ the post have kindly furnished me with copies of statements showing the cost of buildings ah'eady erected and in use, and an estimate for the buildings which are needed. While Col. Forsyth, in com­mand, gives it as his opinion from the estimates that about$±00,-000 will yet ba required to complete the work at this reservation, to make it such as it is intended to be by tha law, about $110,000 is needed at this time in order that the work may go on properly. It is for that reason that I ask, not to incraase the appropria­tion, but simply to set apart the amount proposed to be appro­priated by the committ3e for this particular purpose.

Mr. PERKINS. Mr. President, I only desire to say a word in addition to what has be;m so well said by my colleague. This improvement was CQmmenced under the actofCongresstowhich my colleague has called attention, and upon th e recommenda­tion of Gen. Sheridan. It has been prosecuted now for three ~years or more. Quit3 a large su~ of money has been expended in carrying out the design of Congress, providing buildings lay­ing out the grounds, improving them, and doing the work inci­

For the construction of buildings at and the enlargement of such military dent to the formation of a school of instruction for cavalry and posts as, in the judgment of the Secretary of War, may be necessary, $500,000. artillery purposes. It was the old fort there for years known as

The amendment was agreed to. Fort Riley, as suggested by my c::>lleague, beautifully located The next amendment was at the end of the same cla·.1se, on upon the banks of the Republican River. At this fort the Gov-

page 80, line 3, to add the following pr ovisos: ernment owns 20,000 acres of ground, which it was contemplated Providedfur·ther, Tha.t not exceeding $0~,000 of the sum herein appropri- should be utilized in connection with the school of instruction,

ated may be used for reconstructing Fort McKinney, Wyoming. Provided and in connection with the fort. It was in consequenee of this further, That the $100,000 appropriated by act approved May 12, 1892, for the large reservation, or partly in consequence of it, that the then establishment of a military post at Helena, Mont. , may be used, when title lieut~nant-general made his recommendation and made his se· to the land shall have been acquired, not only for locating the post and the -construction or buildings, but also in providing proper sewerage and an ad- lection. equate water supply: And the Secretary or War is hereby authorized to As suggested by my colleague, and of course as is known to establish a mllitary post at a point near the northern frontier, where he · 1 d · h' 1 f all · may, in his judgment, deem it for the public good: Provided, That suitable all, it is happily ocate In a geograp Ica way or sec t10ns. land for the purpose is donated free ot cost to the United States, and that of the country, convenient to the posts of the West, and where the title shall be declared valid by the Attorney-General. the Government can secure at the cheafest price possible the

Mr. PEFFER. I desire to offer an amendment to the amend- necessary supplies for the Army as wel as for the -post which ment proposed by the committee, on page 80, in line 3, after the may be carried on and maintained at that place. The Govern-words "P't·ovidedfurther," to insert what I send to the desk. ment has 20,000 acres of land for this reservation where many

The VICE-PRESIDENT. The amendment will be s tated. of the horses needed by the Government can be raised. This The SECRETARY. On page 80, line 3, after the words "P1·o- location possesses every necessary advantage, and it occurs to

videafw·ther," it is proposed to insert: us that thera is no reason in the world why at this time there That of said sum $110,000 shall be used in continuing improvements at Fort should be any s':spension of t~e appropri.a tion which is ~eeded

Riley military reservation. for the prosecutiOn and carrymg on of this work so that It may p FFER M p · h be completed. Every argument, it seems to me, would suggest

Mr. E . :· residell~, on t .e 29th day of January, the propriety of making this appropriation specific so that the 1887, ~n act was ~pproved, the first sect1on of which, a fter the I k b •0 ted to completion To suspend it now would enactmg clause 1s as follows: war c~n e pr se~u ·

That the Secret~ry of War be, and he is hereby, authorized and directed rdesul t Ifn the end mt gi:o3at lossthtot ~hethGovmd·ntmh~n t, bekcat~slel wet to establish upon the military reservation at Fort Riley a permanent school o not or a momen pi esume a m e en IS wor Wl no of instruction for drill and pt·actice for the cavalry and light-artillery serv· be completed. ice of th~ Army of the U~ited States. and which shall be the depot to which The school was organized, as I have -said, upon the r ccommen­all recrmts for such serVlce shall be sent; and for the purpos~ of construe- dation of Gen Sheridan and no department officer has e ver I;~n ~Je~ri~eq~a;~~!~ ~~~~r~sac~ni1!t;~so~s~&8.eo~e~~~~~~~h~~~~ doubted the a~curacy of his judgment or the wise selection made as may be necessary, is her~ by appropriated out of any money in the 'l'rea.s- by him when recommending this enterprise and the organiza­ury not otherwise appropnated. tion of the school of instruction thera. Hence we do not presume

This act was passed largely in pursuance of a recommendation for one moment that this work is to be abandoned. To suspend madebythethenLieutenant-GeneraloftheArmy,Gen.Sheridan. it now and fail to make the necessary appropriation to carry it

1892. CONGRESSIONAL RECORD-SENATE. 5897 on would in the end r esult in great loss, I think, to the Govern­ment.

For that reason we thought it was better that out of this ap­propria tion there should be a specific appropriation for this pur­pose. As suggested by my colleague, we do not ask to increase the amount carried by the bill, but only ask that there shall be a specific direction in this bill that of this sum so much shall be used asisnecessaryfor carrying on, prosecuting, and completing the work already organized and commenced.

Mr. ALLISON. Mr. President, I regret that the junior Sen­ator from Kansas and the ssnior Senator from Kansas ha'""e asked this app'ropriation. It is utterly impossible for the Con­gress to divide up and segregate the gross appropriations for military posts. What has been said, and so well said, by the Senators from Kansas in respect to the Fort Riley post may be mid with equal propriety as respects a great many others. The po3t at Fort Riley is an important cavalry post. The Govern­ment has a hrge reservation there. We have already expended a large amount of money there. The Senators from Kansas may p er :haps remember the exact amount.

Mr. PERKINS. Nearly $400,000 in the aggregate. Mr. PEFFER. It is a little over that; $4~6,000, I think. Mr. ALLISON. I do not care to get the exact amount, but

since 1887 we have expended annually upon the post at Fort Ri­ley, I think, $100,000 on an average; but the Senators may be right that the total sum is only $48o,OOO.

We have posts in progress at Denver, in the neighborhood' of Omaha, at Chicago, at Atlanta, and a number of other places not in my mind at this moment,all of themimportantposts,and all of them in progress_, The House of Representatives for all those posts has provided in this bill $350,000, to be divided up by the Secretary of War in his discretion. We have enlarged that sum to $500,000. In the Book of Estimates the Secretary of W~· estimates for Army posts two million and a half of dollars.

The Senator from Kansas says that he does not propose to in­crease the aggregate of this appropriation; certainly not, but

·he proposes that out of an aggregate of estimat~s of two mil­lions and a half dollars, and an appropriation of a half million, Fort Riley shall take $110,000 of it. If we should increase the aggregate appropriations here to two and a half million dolla.rs, then we might give Fort Riley properly$110,000, but if the total aggregate is to be a half million dollars it ismanifestthatitwill not be just to the other posts to allow this great sum to Fort Riley, which is now, I must say, as well equipped and better equipped for the purposes of that post than any of the others n amed or proposed in any of the legislation of recent years. Therefore if any post is to be overlooked in this matter, it seems to 'me it should be the post at Fort Riley. There is ample pro­-rision there now for all that is necessary to be done for the cav­alry purp::1ses of the Army.

Now, l am to be answered, I suppose, by the Senator from Kansas by saying that we have made a proviso that $50,000 of this sum shall go to Fort McKinney. That was done on the let­ter of the Secretary of War, because the Fort McKinney post, at which there are now two regiments, I think, was burned down during the pendency of the progress of this bill, and it is neces­sary really that that post shall be partially rebuilt for the s0l~ diers who are actually in rendezvous there.

I trust the Senators from Kansas will not p ress the amend­ment, which requires more than one-fifth of the total sum ap­propriated in this bill for military posts to be placed at Fort Riley. Kansas is fortunate as respects military posts. It has a great post at Fort Leavenworth, a school, and a military prison. So that Kansas can not complain certainly as respects the g an­eral distribution of the public funds to the uses of the fi.rmy in that State. I trust, therefore, that the s:mior Senator from Kan­sas will withdraw his amendment.

The VICE-PRESIDENT. The question is.o:d the amendment submitted by the Senator from Kansas [Mr. PEFFER].

Mr. PERKINS. Mr. President, I on~y desire to say one word in answer to the Senator from Iowa. .

We do not desira to be unreasonable in our demands. Realiz­ing, however, the importance of this post to the cavalry service as well as the artillery service, realizing its importance to the country, its geographical location, its accessibility to all the posts of the West where cavalry and artillery forces are likely to be needed, if needed at all, and the fact that the Government has this great reservation there, we did think that it was perhaps reasonable to ask that a specific appropriation be made to carry on and prosecute to completion the work already commenced. But if, in view of the spirit of economy which prevails, there is to be a general reduction, a general ratrenchment of expenses for this purpose, of course we can not complain if we share in that general reduction. We do not, however, desire to be dis­criminated against, nor do we desire to put ourselves in the po­sition of being unreasonable in our demands.

If, however, the Senator from Iowa, who has charge of this bill, thinks that to make this specific appropriation would ba a. departure from the practice which has pr.evailed heretofore , and the general appropriation is to be expended es the Secretary of War may think wise and proper, we make no complaint.

Mr. ALLISON. I think the amoun t , $500,000, inserted by the Senat3 committee in this bill is small enough. I should have lleen glad myself personally to have made it larger; but we thought we would deal with it p ractically and try to procure a half million dollars , and under this appropriation I have no doubt Fort Riley will secure its just proportion.

Mr. PEFFER. I have never yet been able to withstand the persuasive eloquence of my excellent friend from Iowa [Mr. AL­LISON], and the present occasion is no exception to the rule, I discover. I shall therefore not insist upon the amendment.

The VICE-PRESIDENT. The amendment of the Senator from KanEaS being withdrawn, the question recurs on the amend­ment proposed by the committee.

Mr. PAL 1:ER. I should like to inquire of the Senator from Iowa if he is especially attached to the lac:: t proviso in the amend­ment, which reads:

Provi8.ed, That suitable land for the purpose is donated free of cost to the United Stat.es, and that the title shall be declared valid by the Attorney­General.

This amendment provides for the establishment of a post near the northern frontier , where the Secretary of War, in his judg­ment, may deem it for the public good. His power to establish that post is limited by the condition that a tract of land be do­na~ed to the United States for that purpose.

1 am so impressed with tlie evil of accepting donations of land for public purposes that, unless the Senator is specially attached to the provision of that proviso, I should b3 glad if it were stricken out. If a post is required on the northern frontier, and it is to be located according to the judgment of the Secret.ary of War, the limitation upon his discretion that he shall not estab­lish that post unles3somepersonorcorporation tenders him suit­able land for the pnrposa is, I think, an improper restriction upon his discretion. Provisions which imply a donation of land hint at a job, hint at the suggestion of some private interest. My experience is that the whole system of accepting donations of land from priva.te parties for public parpcses i::; mischievous and wrortg. .

While I shall not move to strike out the proviso, I confes3 that my experience in another position is EO much against the idea of limiting the dh:cretion of the Secretary of War or of-any public officer, and making it dependent upon the fact that some inter­ested party tender3 him land for the purpos ::l , that I shall vote for the amendment or submit to the amendment with very great repugnance. If the Senator from Iowa would consent, I should be glad that the proviso should be stricken out.

'.rhe practice is pernicious. The discration of the Secretary sho.1ld not be limited or .controlled. We OCJght not to accept gifts, bec3.use a gift always implies something; it implies that private interests have snggested this apparent service to the public, but it conceals a job ordinarily.

Mr. ALLISON. I am largely in sympathy with the general views suggested by the Senator from Illinois [Mr. PALMER], but the pract ice of receiving donations of public land for military po3ts has been so frequent, that I think it has almost resolved it'3elf into a custom. I remembe1' two or three years ago we est1blishea a military post at Chicago, in the State of Illinois, certainly one of the richest cities, and one of the richest States in the Union, and yet we provided in the bill authorizing that military post that the land. upon which it was to be situated sho.1ld be donated to the Umted States. The same was the case at Denver.

:Mr. PADDOCK. And also at Omaha. \:1r. ALLISON. Also a t Omaha. I see Senators rise up all

around me and give intimation regarding the posts i'll their re­spective States. It was true also as to the post at Helena.

Mr. COKE. And at El Paso. Mr. ALLISON. At EL Paso, Tex., and I suppose it would be

the same at San Antonio, Tex., if the Government had not itself owned all the land within several hundred miles of the post. I do not know precisely the object of this additional military post, but I suppose it is for the purpose of casting a little indication in the direction of our northern frontier , s:> that at so;ne time we may have a post there as well as at El Paso or at San An­tonio; in other words, that our posts should ba distributed so as to cover our entire frontier. Therefore I think it is very pr oper to allow the Secretary of War to selE.ct this post with ca!-e. It is t') be on the northern frontier.

That is a very extensive frontier , a'3 the Senator from illinois knows. It extends, I think, from Passamaquoddy to the Pacific Ocean. There is a wide range for selection, and I have no doubt the Secret~ry of War, through some of the older and more ex-

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5898 CONGRESSIONAL RECORD-SENATE. JULY 8,

perienced military officers, will make a selection of a site which 'will be satisfactory. I think, owing to the numerous precedents, ' there will be no objection on the part of the Government of the f United States, to accepting a location, if one can be found, and I trust the Senator from Illinois will waive his objection.

Mr. PALMER. Mr. President, I desire to say that I am. aware that a donation was made for the establishment of Fort Sheridan, near Chicago, but I desire to state in addition that I learned by my experience as governor of the State of illinois, .. that such donations generally are based upon some strong con­sideration of special interest and that the public interests are not always the sole consideration for selecting a particular site.

I am aware, too, of the necessity oi such a post. My own im­pression would be that it should be on the northern frontier west of the mountains. I have an impression that somewhere on the south we shall find it necessary at some time to establish a very strong military post; but with the post we contemplate at Helena, Mont., I should think there was no requirement for a post of any particular strength east of the mountains.

I can not get rid of the impression, knowing, as I do, that the United States is entirely able to buy and that it is not a matter of charity, as it' is sometimes with a p ::or State, that the discre­tion oi the Secretary of War should be absolutely unlimited.

It is said that donations have been made at many points, at El Paso for instance. That does not at all commend it to my judgment. I apprehend that in every one of these donations, if investigated carefully, it would be found that some private in­terest, not patriotism, not mere love oi country, butsomeprivate interest had been subserved by these donations. Of course near Chicago, in fact in the State of Illinois, we are rarely influenced by merely private considerations, but if the history of the loca­tion of Camp Sheridan was carefully investigated, there would probably be discoveries which would disclose that somebody had made money by it.

Mr. HAWLEY. Mr. President, I think the Senator from Illi­nois [Mr. PALMER] is perhaps hardly justified in making intima­tions of the kind he has, and if he has the specifications he ought to present them. The statement he makes would imply a lack of integrity on the part of the chief officers of the Army. They have studied this whole question. They are going through a process of change in the location of the Army. What used to be called ''the frontier" has entirely disappeared with• the set­tlement of the country and the settlement of the Indian ques­tion, and they are now readjusting the chief points for the loca­tion of the Army, with a view to exterior defense and also for protection against domestic violence. They intend to have the main body of the troops where they can be easily thrown on either the northern or southern frontier OJ' where in a case of insurrection or enormous riots the troops can be easily concen­trated.

It is purely a professional question with the Army. The most experienced and skillful officers we have, I think, have been studying the question for years, and hence come these appar­ently large appeals for new posts. There is no extravagance in them, but there is real economy in them, for a great multitude of smaller posts are being ~ntirely disposed of.

There is common sense and economy in this appropriation. I do not care to hurry the erection of posts or to make them too fast. I do not know how much of this appropriation the General of the Army has asked for. Some of it he has, and much of it he will be glad to have. He does not wish to go any faster than Congress is willing to give the means of doing.

Mr. PALMER. I make no motion. I merely submit this question to the judgment of the chairman of the Committee on Appropriations.

The VICE-PRESIDENT. The question is on the amendment reported by the Committee on Appropriations, on page 80, be­ginning in line 3.

The amendment was agreed to. Mr. ALLISON. It is manifest that we can not finish this bill

to-night. Therefore I move that the Senate adjourn. Mr. QUAY. Will the Senator from Iowa withdraw his mo­

tion for a moment? Mr. ALLISON. I will.

HOUSE BILL REFERRED. The bill (H. R. 8033) to reduce the duty on tin plate, terne

plate, and taggers tin, and to repeal paragraph 209 of section 1 of an act entitled "An act to reduce the revenues, and for other purposes," was read twice by its title, and referred to the Com­mittee on Finance.

RIOT AT HOMESTEAD, PA. Mr. QUAY. Mr. President, the debate yesterday upon the

killing of the men of the Amalgamated Association of Iron and Steel Workers at Homestead, Pa., was so very discursive, it ranged so widely from the subject of the resolution before the

Senate, and reached so far as to involve the merits of the oriO'­inal controversy. In the course of the arguments there we~e Eevere reflections upon the management of the Carnegie works at Homestead. I have in my hand what seems to be a sort of official statement from Mr. ~.,rick, the gentleman in charge of the Carnegie Company's works at Homestead, Pa., which ap­pears to me mig·htto go, in connection with what transpired yes­terday, to the country through the same vehicle which con'\feyed the severe and hostile criticisms. If necessary to secure its pub­lication in the RECORD I will read it, but I auppose the Senate will not insist upon having it read. I will therefore ask per­mission to have it printed in the RECORD as part of myremarks.

The VICE-PRESIDENT. Is there objection to the request made by the Senator from Pennsylvania?

Mr. COCKRELL. What is the length of the matter referred to?

Mr. QUAY. About a column of a newspaper. The VICE-PRESIDENT. Is there objection? Mr. PALMER. I did not quite understand the Senator from

Pennsylvania. Is it a communication fromsomeprivateperson? Mr. QUAY. It is what seems to be in a manner an official

statement from Mr. Frick, the Carnegie manager, of the causes of the dispute between the management and the workmen.

The VICE-PRESIDENT. Is there objection to the paper be­ing printed in the RECORD?

Mr. PEFFER. Mr. President, I rise to say a wqrd before I determine whether to object or not.

If the statement referred tobythe Senator from Pennsylvania is simila.r to the one which appeared in the papers this morning or yesterday evening as having come from Mr. Frick, in which he placed the blame for this entire calamitous occurrence upon the workmen at Homestead, I object most seriously to its going into the RECORD without a. counter statement from them. If it is not of that character, I shall of course have no objection. I think it would be very well, unless the Senator states somewhat in detail or at least substantially what the paper contains, to have it read.

Mr. QUAY. I have no doubt it is the identical paper to which the Senator from Kansas refers.

Mr. PEFFER. Then I shall object. Mr. QUAY. The effect of the objection of the Senator from

Kansas is simply to compel me to read the paper instead of hav­ing it printed without reading. So far as the workmen are con­cerned I am perfectly willing to present their statement when­ever it comes here.

Mr. PEFFER. I should not object if we had the statements here together. I only want fairness in this matter. The dis­pute is unquestionably between the owner of the works and the men who have builded the works, and if the statement of one is to go to the country derogatory to the other, I want the state­ment of the other. That is all. If it is true that it is the same statement which was printed in the newspapers, I object to it at this time. I should have no sort of objection if there was a counter statement from the workmen.

Mr. QUAY. I desire to say in this connection that my sym­pathies are very largely with the workingmen. I do not desire the Senator from Kan.sas to place me in the position of attempt­ing to do anything which would prejudice their cause in the eyes of the public. That is not my intention. But Mr. Frick was not here yesterday when he was reflected upon. Without objection on the part of the Senator from Kansas or anyone else, that was allowed to go. · .

Mr. PEFFER. Mr. President, I am not responsible for what was stated upon the floor of the Senate by Senators. It is now proposed to put in the RECORD the statement of the proprietor, or the gentleman who represents the proprietor of the Home· stead iron works, and in the absence of-a count9r statement from the men whom h~ charges with being the cause of the trouble, I ,think I should b9 derelict in my duty did I not protest against it.

Mr. QUAY. I will say to the Senator from Kansas that I shall telegraph to Homestead this evening for the counter state­ment.

Mr. PEFFER. When that statement comes I shall make no objection.

Mr. QUAY. When it comes I will read it. Mr. PEFFER. I do not want this to go in until the counter

statement comes. I have no objection to its being read. Mr. QUAY. Well, :Mr. President, I will proceed to read the

document, or, if the Senator from Kansas has no objection, I will ask the Secretary to relieve me by reading it. Does the Senator object to that?

Mr. PEFFER. I have no objection to its being read by the Secretary.

The VICE-PRESIDENT. The Secretary will read as re­quested.

I'

,.

.·

1892. CONGRESSIONAL RECORD-SENATE. 5899 The Chief Clerk read as follows:

, PITTSBURG, PA., July7. In an interview this afternoon Mr. H. C. Frick, chairman of the Carnegie

Steel Company (limited), said: "The question at issue is a very grave one. It is whether the Carnegie

Company or the Amalgamated Association shall have absolut-e control of olir plant. We have decided, after numerous fruitless conferences with the A.Inalga~ated officials in the attempt to aplicably adjust the existing diftl· culties, to operate the plant ourselves.

"I can say with the greatest emphasis that under no circumstances will ~e have any further dealings with the Amalgamated Association as an or· ganization. This is final. The Edgar Thomson works and our establish­ment at Duquesne are both operated by workmtn who are. not members of the Amalgamated Association with the greatest satisfaction to ourselves and to the unquestionable advantage of our employes. At both of these plants the work in every department goes on uninterrupted; the men are not har­rassed by the interference of trades-union offic1als, and the best evidence that their wages are satisfact.ory is shown in the fact that we have ne>er had a strike there since they began working under our system of manage­ment."

"What was the basis of the differences existing at present between the Carnegie Company and their men, .Mr. Frick?"

"There were three points upon which we differed. The !!killed workmen 41 the Amalgamated Association work under what is known as a sliding scale. As the price of steel advances the earnings of the men advance; as the prices fall their earnings decrease in proportion. While there is no limit to an advance of earnings on the scale, there is a point at which the decline stops. It is known as the minimum, and the figure heretofore has been $25 per ton for 4 by 4 Bessemer billets. We believe that if earnings based on the selling price of steel ~an advance without limit the workmen should be wil­ling to follow the selling pr,ce down to a reasonable minimum, and so this gf~~ was finally fixed by the Carnegie Company at th~ rate of $23 instead

"The reason for asking thisuponour part was that the Carnegie Company has spent large sums of money in the introduction of new machinery in its Hhomestead plant, by means of which the workmen were enabled to increase t e daily output, thereby increasing the amount of their earnings. We had originally asked a reduction to $22, but subsequently agreed to compromise the rate at $23. The Amalgamated Association was unwilling to consider a reduction below $9.A on steel billets, notwithstanding the fact that the im· proved machinery would enable their members, even at $23, to earn more than is paid in other Amalgamated mills. This was the first point at issue.

"Under the present Amalgamated system the date of the expirationofthe sliding scale is June 30 annually. We asked that this date be changed to December 3l (the same as at the Edgar Thomson Works), for the reason that the chan~e would permit us to take our estimate upon the wages we must pay durmg the year beginning on January 1, so that we would be en· abled to make contracts for the year accordingly. This point the Amalga· mated Association refused to accede, and demanded the old date.

"The third proposition was thereductionin tonnage rates in those depart­ments in the mill where the improvements I have spoken of have been made, and which enable the workingmen to increase the output, and consequently their earnings. Where no such improvements have been made there was no request upon our part for a reduction in tonnage rates. In other words, ·we asked no reduction in any department at which the output had not been greatly incr~ed by reason of our expensive improvements since the scale of 1889 went into e:!fect. We are prepared to show that in nearly every de­partment, under our proposed reduction in the tonnage rates, the skilled workmen could make more money than they did when the scale of 1889 went into effect.

"As a rule the men who were making the largest wages in the Homestead mill were the ones who most bitterly denounced the proposed revision of the scale, for out ot the 3,800 men employed in every department only 325 were directly a.trected by this reduction.

"Finding that it was impossible to arrive at any agreement with the Amal­gamated otficials, we decided to close our works at Homestead. Immedi­ately the town was taken possession of by the workmen. An advisory com­mittee of fifty took upon itself the direction of the affairs of the place. The streets were patrolled by men appo:W.ted by the committee, and every stran~er entering the town became an object of surveillance, was closely questiOned, and if there was the slightest reason to suspect him he was or­dered to leave the place instantly under a threat of bodily harm. Guards were stationed at every approach to Homestead by this self-organized local government.

"Otu· employes were prohibited from going to the mills, and we, as owners of the property, were compelled to stand by, powerless to conduct the affairs ot,our business or direct its management. 'l'his condition of affairs lasted until Tuesday, when I appealed to the sherifl' of Allegheny County, stating the facts as I have outlined them. The sherifl'visited Homestead and talked with the advisory committee. Its members a~ked that they be permitted to appoint men from their own number to act as deputy sheriifs. In other words, the men who were interfering with the exercise of our corporate rights, preventing us from conducting our business affairs, requested that they be clothed with the authority of deputy sheriffs to lake charge of our plant . The sheriff declined their proposition and the advisory committee disbanded. The rest of the story is a familiar one; the handfu'l of deputies sent up by Sherif!' McCleary were surrounded by the mob and forced to leave town, and then the watchmen were sent up to be landed on our property for the protection of our plant."

"Why did the Carnegie company call upon the Pinkertons for watchmen to protect their property?''

" We did not see how else we could have protection. We only wanted them for watchmen to protect our property, and see that workmen we would take to Homestead-and we have had applications from manymen to go thereto work-were not interfered with.''

"Did you doubt the ability of the sheriff to enforce order at Homestead and protect your property?''

''Yes, sir; with local deputies. The facts concerning the engagement of the Pinkerton men are these: From past experience, not only with the present sheriff, but with others, we have found that he has been unable to ~f{~~ ~=~:~:;;~~~~~~£0o~~~~u!e~~ f:. our property and pro-

"We brought the watchmen here as quietly as possible; had them taken to Homestead at an hour of the night when we hoped to have them enter our works without any interference whatever and without meeting anybody. We proposed to land them on our own property, and all our e:!forts were to prevent the possibilities of a collision between our former workmen and our watchmen. We are to-day barred out of our property at Homestead, and have been since the 1st of July. '!'here is nobody in the mills up there now· they are standing a silent mass of machinery, with nobody to look after them. They are in the hands of our former workmen."

'' I!a ve the men made overtures for a settlement of the difficulties since this trouble commenced?"

"Yes, sir. A leading ex-official of the Amalgamat-ed Association, when this rioting was going on, called on the sheriff, and, I am informed, asked him to come down to see me, stating that if he could get a promise that we would confer with the representatives of the Amalgamated Association looking toward an adjustment of this trouble he would go to Homestead and try and stop the rioting. I told the ~entleman who called that we would not confer with the Amalgamated Association officials; that it was their follow­ers who were rioting and destroying our property, and we would not accept his proposition. At the same time this representative of our former work· men said that they were willing to accept the terms o:!fered, and concede everything we asked except the date of the termination of the scale, which they insisted should be June 30 in place of December 31."

'"\Vhat of the future of this diftlculty?" "It is in the hands of the authorities of Allegheny County. If theyareun·

able to cope with it, it certainly is the duty of the governor of the State to see that we n.ra permitted to operate our establishment unmolested. The men engaged by us through the Pinkerton agencies were sent up to Home­stead with the full knowledge or the sheriff, and by him placed in charge of his chief deputy, Col. Gray, and, as we know, with instructions to deputize them in case it became necessary. We have made an impartial investiga­tion, and are satisfied beyond doubt that the watchmen employed by us were fired upon by our former workmen and their friends for twenty-five minutes before they reached our property, and were fu·ed upon after they had reached our property. That they did not retufn the fire until after the boats had touched the shore, and after three of the watchmen had been wounded, one fatally. After a number of the watchmen were wounded, and Capt. Rodgers, in charge of the towboat, at their request, had taken the injured away, leav­ing the barges at our works unprotected, our former workmen refused to allow Cap~. Rodgers to return to the barges that he might remove them from our property, but fired at him and fatally injured one of the crew.

"While nobody could regret the occurrences of the past few days more than myself, yet it is my duty, as the executive head of the Carnegie Com· pany, to protect the interests of the association. We desire to and will pro­tect our property at all hazards. So far as Congressional investigation is concerned, I can say with the utmost candor that we welcome the investiga­tion proposed. We are prepared to submit facts and figures which will con­vince unprejudiced men of the equity of our position. More than this, I be­lieve that when all of the facts are known revelations will be made which _......... will emphasize the justice of our claims."

"How do you regard the present troubles at Homestead from a political ? standpoint? What effect will it have as a tariff issue in the political cam-paign of the coming fall?''

"We have never ~iven a thought as to what effect our atrairs might have on either of the polltical parties. We can not; afford to run our business and run politics at the same time. It would prove very unprofitable if we were to trim our sails to meet political issues, At the same time I may say that it is not a matter in which the protective tariff is involved, and every intelligent man, whether he be a manufacturer or employ~. is aware of the fact. It is, however, a question as to whether or not the proprietors or its workmen will manage the works."

Mr. CHANDLER. I should like to ask the SenatoP from Pennsylvania whether that is a signed paper?

Mr. QUAY. It is not signed. Mr. CHANDLER. I ask whether the Senator has any reason

for supposing it is authentic, except that be finds it in a morn­ing newspaper?

Mr. QUAY. I have no reason at all. Mr. CHANDLER. May I ask the Senator in what paper it

appeared? Mr. QUAY. The Washington Post. Mr. CHANDLER. This morning? Mr. QUAY. Yes, sir. Mr. PEFFER. I desire to have reada statement made in this

morning's Post by a gentleman whose name is attached to the statement, so that it may go along with the other matter which has just been read, until at lea'3t an answer comes from the tele­gram which my friend from Pennsylvania expects to dispatch this evening.

Mr. QUAY. The telegram has already been dispatched to the president of the Amalgamated Ironand Steel Workers' Associa­tion. I have no objection to the reading of the paper referred to by the Senator from Kansas.

The VICE-PRESIDENT. The paper will be read. The Chief Clerk read as follows:

THE STRIKE AT HOMESTEAD-STEEL BILLET8-THE WAGE SC.A.LE-.. il\'D THE CONTRACT SYSTEM.

EP1TOR PosT: In your editorial on the Homestead strike in this morning's Post you declare that •· the company wished. in renewing their annual con· tracts, to reduce the price on Bessemer steel billets from $25 to $23." This would indicate to one not acquainted with the situation that the company was IDlling to pay $23 per ton as wages for the manufacture of steel billets. As a matter of fact, that is about the selling price o:r steel billets in the open market, and is a matt-er with which the workmen in the mills have not the least connection further than the arbitrary agreement between them and Mr. Carnegie, by which steel billets were for convenience fixed on as the article of the metal schedule upon the price of which 1\I.r. Carnegie's pet scheme, the "sliding-wage scale," should be based.

This sliding scale applied to every member of the Amalgamated Associa­tion employed in the Homestead mill, and ·not to only two htmdred and eighty men, as you assert. To say nothing of the means by which the price of steel billets was reduced and the reduction maintained, there was an ab· solute and arbitraryreductionproposedof 12per cent, Mr.Frick,in his "ulti­matum" ~a~ing a "concession" of $1 per t~m. thus making the reduction as finally ms1sted on by him 8 per cent. Again you say:

"The company asserted their right to fix the wage scale a.t the beginning of the calendar year instead of the 1st of July. They claimed the privilege of regulating the do tails of their business according to their conception of its necessities-in other words, to make contracts for labor at a time when the knowledge of what they were to pay could be of use to them in contract· mth· g_w~tl~\}:~.ir customers for the delivery of the manufactured products of

eir . . From this it would naturally be inferred that the contracts between the

company and its customers were all consummated during, say, the month of January. Either that or that contracts were made after the tst of January and prior to the 1st of July sumcient in magnitude to keep the works busy

7"

5900 CONGRESSIONAL RECORD- HOUSE.

for thEl year following. Is this in any degree true? Is it not true, on the other hand, that the greater portion of the contracts are made between the 1st of August and theIst of May? Your surprise that the workmen should object to this "seemingly rea onable proposition" would, perhaps, be suc­ceeded by the fullest understanding i! you will stop to consider that they desired to make contracts for their services at a time when they could pre­dict with some degree of accuracy what would be the demand for such serv­ices.

The statement made by Mr. Lovejoy, secretary of the company, given in your news dispatches this morning, to the effect that "since early this morn­ing we have been more anxious about the loss of life than the loss of property," is truly touching when it is considered that up to date the de­struction of property amounted to the demolition of about tlfty feet of board fence.

F. S. SMITH. WASHINGTON, J uly 7.

Mr. CHANDLER. rmove that the Senate do now adjourn. The motion was agreed to, and (at 6 o'clock and 17 minutes p.

m. ) the Senate adjourned until to-morrow, Saturday, July9, 1892, at 12 o'clock, meridian.

• HOUSE OF REPRESENTATIVES.

FRIDAY, July 8, 1892. The House met at 11 o'clock a.m., and was called to order by

the Speaker. Prayer by Rev. J. H. CUTHBERT, D . D. The SPEAKER. The Clerk will read the Journal of the pro­

ceedings of yesterday. Mr. TOWNSEND. Mr. Sp3aker, I suggest that there is no

quorum present this morning. The SPEAKER. The Clerk will call the roll to ascertain the

presence of a quorum. The Clerk proceeded to call the roll, when the following mem­

bers failed to answer to their names: Alderson, Fellows, Ketcham, Allen, Fitch, Lagan, Bacon, Fithian, Lawson, Ga. Belden, Forman, Lewis, Boutelle, Fowler, Little, Breckinridge, Ky. Funston, Lockwood, Brown, Fyan, Lodge, Busey, Geary, Magner, Bynum, Geissenhainer, McCreary, Byrns, Gorman, McKeighan, Cable, Grady, Milliken, Castle, Griswold, Morse, Causey, Hamilton, Newberry, Chapin, Harmer, Norton, Clover, Haugen, O'Donnell. Cockran, Hayes, Iowa Pattison, Ohio Compton, Heard, Peel, Covert, • Hemphill, Pendleton, Craig, Pa. Henderson, Ill. Pickler, Crain, Tex. Hermann, Post, Cummings, Hoar, Quackenbush, Dingley, Hopkins, Pa. Randall, Dungan, Hopkins, Ill. Rayner, Dunphy, Huff, Reyburn, Elliott, Hull, Richardson, Enloe, Johnstone, S.C. Rite,

Robinson, Pa. Rusk, Sanford, Shonk, Springer, Stahlnecker, Stephenson, Stevens, Stockdale, St·orer. Taylor, J. D. Taylor, V . A. Tillman, Turpin, Wadsworth, Walker, Warwick, Wever, White, Willcox, Williams, N. C. Wilson, Ky. Wilson, W. Va.

During the calling of the roll Mr. WILSON of Washington said: Mr. Speaker, is it in order

now to ask thatthegentlemanfromSouth Dakota [Mr. PICKLER] be excused?

The SPEAKER. This is simply a call to ascertain the pres­ence of a quorum.

The Clerk then resumed and completed the calling of the roll . The SPEAKER. Two hundred and twenty-two gentlemen

have answered to their names. A quorum being present, the Clerk will read the Journal of the proceedings of yesterday.

Mr. REED. Mr. Speaker, I move thaij ~he House do now ad-journ.

Mr. McMILLIN. Mr. Speaker-­Mr. BURROWS. Mr. Speaker--The SPEAKER. The gentleman from Tennessee [Mr. Mc­

MILLIN]. Mr. McMILLIN. Mr. Speaker, I move to suspend the rules,

and approve the Journal. The SPEAKER. The question will first b e taken on the mo­

tion that the House do now adjourn, after which it will be put on the motion of the gentleman from Tennessee [Mr. McMILLIN].

Mr. REED. One· moment. The Chair understands that we reserve all points of order on that motion of the gentleman from Tennessee. There is one motion to suspend the rules already p ending.

The SPEAKER. The Chair will hear the gentleman when the time comes.

Mr. REED. So that no rights will be lost with regard to it. The SPEAKER. No rights will be lost. The question is on

the motion of the gentleman from Maine [Mr. REED] that the HOt:;.se do now adjourn.

The question being taken, the Speaker announced that the JJOeJ' seemed to have it.

. '

On a division (demanded by Mr. REED), there were-ayes 28, noes 156.

Mr. REED. Yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 26, nays 214, not

voting 88; as follows: ·

Bellrnap, Bergen, Bingham, Burrows, Caldwell, Cheatham, Enochs,

YEAS-26. Harmer, Henderson, Iowa Huff, Johnson, N.Dak. Jolley. O'Neill, Pa. Ray,

Reed, Robinson, Pa. Scull, Shonk, Stone, C. W. Stone, W. A. Taylor, ill.

NAYS-214. Abbott, Coolidge, Henderson, N.C. Alexander, Coombs, Hoa.r, .Amerman, Cooper, Holman, Arnold, Covert, Hooker, :Miss. Babbitt, Cowles, Hopkins, IlL Bailey, Cox, N.Y. Houk, Ohio Baker , Cox, Tenn. Houk, Tenn. Bankhead, Crain, Tex. J ohn.son, Ohio Bartine, Crawford, Johnstone, S.C. Barwig, Crosby, Jones, Beeman, Culberson, Kilgore, Beltzhoover, - Cummings, Kribbs, Bentley, Curtis, Kyle, Blanchard, Daniell, Lane, Bland, navis, Lanham, Blount, De Armond, Lapham, Boatner, De Forest, Lawson, Va. Bowers, Dickerson, Lawson, Ga. Bowman, Dixon, Layton, Branch, Doan, Lester, Va. Brawley, Dockery, Lester, Ga. Breckinridge, Ark. Dolliver, Little, Bretz, Edmunds, Livingston, Brickner, Ellis, Lockwood, Brookshire, English, Long, Brosius, Enloe, Lynch, Brown, Epes, Mallory, Brunner, Everett, Mansur, Bryan, Fellows, Martin, Buchanan, N.J. Fitch, McAleer, Buchanan, Va. Fithian, McClellan, Bullock, Forman, McDonald, Bunn, Forney, McGann, Bunting, Fowler, McKaig, Bushnell, Gantz, McKinney, · But ler. Geissenhainer, Mc1.1illin, Bynum, Gillespie, McRae, Cadmus, Goodnight, Meredith, Caminetti, Grady, Meyer, Campbell, Greenleaf, Mitchell, Capehart, Grout, Montgomery, Caruth, Hall, Moore, Castle, Hallowell, Moses, Catchings, Halvorson, . Mutchler, Cate, Hamilton, Oates, Chipman, - Hare, o· Ferrall, Clancy, Harries, O'Neil, Mass. Clarke, Ala. Harter, O'Neill, Mo. Cobb, Ala. ·Hatch, Otis, Cobb, Mo. Haugen. Outhwaite, Coburn, Hayes, Iowa Owens, Cockran, Haynes, Ohio Page, R. 1. Cogswell, Heard, Page, Md. Compton, Hemphill, Parrett,

NOT VOTING-88. Alderson, Dunphy, Lind, Allen, Dm·borow, Lodge, Andrew, Elliott, Loud, Atkinson, Flick, Magner, Bacon, Funston, McCreary, Belden, Fyan, McKeighan, Boutelle, Geary, Miller, Breckinridge, Ky. Gorman, Milliken, Broderick, Griswold, Morse, Busey, Hend rson, Ill. · Newberry, Byrns, Herbert, Norton, Cable, Hermann, O'Donnell, Causey, Hitt, Pattison, Ohio Chapin, Hooker , N.Y. Payne, Clark, Wyo. Hopkins, Pa. Peel, Clover Hull. Perkins, Crai~, Pa. Johnson, Ind. Pickler, Cuttmg, Kem, Post, Dalzell, Kendall, Quackenbush, Dingley, Ketcham, Raines, Donovan. Lagan, Ra,ndall, Dungan, Lewis, Reyburn,

So the House refused to adjourn. The following pairs were announced: Until further notice: · Mr. GEARY with Mr. SANFORD. Mr. STOCKDALE with Mr. BRODERICK. Mr. PATTISON oi Ohio with Mr. DOAN. Mr. ALLEN with Mr. \VILSON of Kentucky. Mr. CAUSEY with Mr. SHONK. Mr. CRAIG with Mr. BELDEN. Mr. LEWIS with Mr. GRISWOLD. Mr. LAGAN with Mr. RANDALL. Mr. ANDREW with Mr. WALKER.

Taylor, Tenn. Taylor, E. B. Tovm.send, Waugh, Wright.

Patterson, Tenn. Patton, · Paynter, Pear on, Pendleton, Pierc , Powers, Price, Rayner, Reilly, Robertson, La. Rockwell, Rusk, Sayer~, Scott, Seer ley, Shell, Shively, Simp on, Snodgrass, Snow, . Spen-y, Stevens, Steward, 111. Stewart, Tex. Stone, Ky. Stout, Stump, Tarsney, Terry, '.rillma.n, Tracey, Tucker, Turner, VanHorn, Warner, Washington, Wat on, Weadock, Wheeler, Ala. Wheeler, Mich. White, Whiting, Wike, William , Mass. William , N . C. William . Ill. Wilson, Mo. Winn, Wise, Wolverton, Youmans.

Richardson, Rife, Russell~ Santora, Smith, Springer, Stahlnecker, Stephenson, Stockdale, Storer, Sweet, Taylor, J.D. Taylor, V. A. Turpin, Wadsworth, Walker Warwick, "\Vever, Willcox, Wilson, Ky. Wilson, Wash. Wilson, \V. Va.

Mr. ELLIOTT with Mr. LODGE (except on free coinage of silver} .. Mr. MCCREARY with Mr. HITT .

1892. OONGRESSIONAL RECORD-HOUSE. 5901 .

Mr. PEEL with Mr. WILSON of Washington. Mr. RICHARDSON with Mr. MORSE. Mr. HERBERT with Mr. BOUTELLE. For this day: Mr. BRECKINRIDGE of Kentuckywith Mr. PICKLER. Mr. CHAPIN with Mr. RIFE. Mr. NORTON with Mr. DINGLEY. Mr. BACON with Mr. HENDERSON of illinois. Mr. ALDERSON with Mr. O'DONNELL. Mr. DUNPHY with Mr. WEVER. Mr. GORMAN with Mr. CUTTING. Mr. RUSK with Mr. KETCHAM. Mr. BYRNS with Mr. STEPHENSON. Mr. SPRINGER with Mr. STORER. Mr. NEWBERRY with Mr. MILLIKEN. The result of the vote was then announced as above recorded.

APPROVAL OF THE JOURNAL. The SPEAKER. The gentleman from Tennessee [Mr. Mc­

MILLIN] moves to suspend the rules and approve the Journal. Mr. SWEET. Mr. Speaker, I rise to a parliamentary inquiry.

Would a motion to take a recess be in order at this time? The SPEAKER. It would not under the rules. Pending a

motion to suspend the rules, so as to take an immediate v<:>te, a motion to take a recess is not in order. That was decided in the Thirty-ninth Congress, and on an appeal to the House the decision of the Speaker was sustained by a vote of 172 to 4, the vote being taken by the yeas and nays. The Clerk will read the Journal.

The Journal of the proceedings of yesterday was read. The question was taken; and the Speaker announced that, two­

thirds having voted in favor thereof, the Journal was approved. LEAVE OF ABSENCE.

By unanimous consent, leave of absence was granted as follows: To Mr. WILSON of West Virginia, indefinitely, on account of

sickness. To Mr. CRAIG of Pennsylvania, indefinitely, on account of sick­

ness. To Mr. ELLIOTT, indefinitely, on account of sickness in his

family. To Mr. BRECKINRIDGE of Kentucky, to-day, on account of sick­

ness in his family. MILITARY POST IN VERMONT.

The SPEAKER. On the last suspension day the Chair had recognized the gentleman from Vermont [Mr. GROUT] t!:> move to suspend the rules and pass a bill. A second was demanded, and no quorum appeared on that vote. The Clerk will report the bill.

The Clerk read as follows: -A bill (H. R. 1233) to establish a military post on the line of railway between

Burlington and Highgate, Vt. Be it enacted, etc., That the Secretary of War is hereby authorized to ac·

cept, free of cost to the United States, a. donation of a tr:;~.ct of not less than 300 acres of land on the line of railway between Burlington and Highgate, in the State of Vermont, and to construct thereon, out o! any appropriation available for that purpose, the necessary buildings, with the appurtenances, for a military post; and he is authorized to proceed in acquiring land as provided, for the enlargement of the military p0st at Plattsburg, N. Y., by act approved March 3, 1891: Provided, That in his judgment the said tract ot land is found to be in all respect-s adequate and suitable for the purpose, and that the title shall have been declared valid by the Attorney-General of the United States. .

The SPEAKER. A second was demanded. Mr. GROUT. Mr. Speaker, I ask unanimous consent that a

second be considered as ordered. Mr. BUTLER. I object. The SPEAKER. The gentleman from Iowa [Mr. BUTLER]

and the gentleman from Vermont [Mr. GROUT] will take their places as tellers.

The House divided; and tellers reported-ayes 110, noes 73. So a second was ordered. The SPEAKER. The Chair will recognize the gentleman

from Vermont [Mr. GROUT] to control fifteen minutes in favor of the bill, and the gentleman from Iowa [Mr. BUTLER] to con­trol the fifteen minutes in opposition.

Mr. GROUT. Mr. Speaker, I shall not delay the House for a single moment at this time with any remarks of my own; but very soon after my unsuccessft1l attempt here a little time since which gentlemen will remember, to incorporate the provision~ of this bill in the sundry civil appropriation bill, an article ap­peared in the New York Sun, which I will send to the Clerk's desk and have read. This article presents many of the reasons in support of this bill, though not all of them, and at the same time shows the opinion of a great metropolitan journal as to the propriety of the legislation.

The Clerk read as follows: THE NEW ARMY POST IN VERMONT.

During the present session the Senate has passed a bill authorizing the Secretary of War to accept, free of cost to the United States, a tract of not

less than 300 acres of land on the line of railway between Burlington and Highgat~, in the cltate of Vermont, and to construct there a military post.

This biu is awaiting the vote of the House; but recently Mr. GROUT at­tempted to advance its consideration by incorporating the substance of it as an amendment o1Iered to the sundry civil bill. It was clearly out of order there, being new legislation, and eventually Mr. GROUT was forced to with­draw it; but before doing so he tried to avoid having the pofut of order raised against it, and frankly disclosed the importance of the subject and the ad­vantage of a prompt decision. In making this attempt he read a letter on the subject from Gen. Schofield to Secretary Elkins:

"I have the honor to report that the well-considered military policy of the United States, in view of the possible contingency of war with Great Britain, includes prompt and energetic aggressive action toward certain important strategic points in the Dominion of Canada. To be prepared for such ac­tion it is of vital importance that permanent military posts be maintained at convenient points near the northern frontier, at each or which may be stationed the nucleus of an army, to be composed mainly, in the event of war, of the State troops quickly assembled from the neighboring States.

·• The place named in this bill, on the line of railway between Burlington and Highgate, is perfectly well adapted to the purpose had in view, and I think it would be manifestly wise to commence at this time, so far as therein contemplated, the preparations for the establishment of such a post."

This new post is to deal with Canada in the event of a war with Great Brit­ain. In a previous communication to Secretary Proctor, Gen. Schofield had e:A.--plained that the special purpose or the forces there gathered would be to have at hand a body of regulars, artillery, infantry, and cavp.lry, to be joined by State troop3, who "might immediately unite to take the initiative in such military movements as might be requisite to prevent the enemy from using his waterways to move gunboats into the lakes."

The point selected would undoubtedly be somewhere in Franklin County, the northwestern corner of Vermont. near Lake Champlain. It would also probably be at Highgate, the township nearest the-Canadian border or Swan­ton, just south of it, or St. Albans, just south of Swanton. All these places are on t.he railroad to Montreal.

In explaining this measure, after recalling the strategic importance of the Champl':!.in Valley in former wars, as associated with the names of Am­herst and Howe, or Burgoyne and Allen. of Prevost, McComb, and McDon­ough, Mr. GROUT brought out the fact that in the civil war, when Bennett Young. at the head of the Confederate contingent in Canada, sought the most feasible and ac~essible point of attack, he selected St. Albans. Again, when the Fenians, a few years later, proposed to invade Canada, they se­lected Highgate as their rendezvous, as it wa-s only fifty miles from Mon­treal. It was further assertE-d th-at more than a third of the entries of goods from

the Dominion come through the Vermont and Champlain districts, in close proximity to the proposed post, and more than half of the goods conveyed in bond. Of the six canals to be considered, the only one on the south side of the St. Lawrence is about an hour's run by rail from St. Albans. These canals at present admit vessels drawing 9 feet, and it was asserted that thirty-six existing British gun boots, carrying 106 guns, could pass through them. 'l'he proposed deepening and widening would admit twenty more, carrying in all over 200 guns. ~

Regarded simply as a measure of prevention and economy, the establish­ment of this new post should be promptly effected. It really promises to ac­complish, at slight expense, a large part of thatlakeprotection which would otherwise have to be effected by the building or elaborate torts and the mounting of costly guns. Besides, the mischief may in great part be aone when hostile gunboats are once in the lakes. The true plan is to provide for cutting the canal, so that the gunboats will never get there.

It must also be kept in mind that the building or this new post may be off­set by the abandoning of some old one, at a. point no longer needing a garri­son, and the sale of the land and the material. Garrisons should be placed where they are needed. Accordingly, either the Senate should, under its rules, which are not identical with those of the House, provide for this measure in the sundl·y civil bill, or the House should take up the separate Senate meas­ure directed to this end.

Mr. GROUT. Mr. Speaker, I reserve the balance of my time. Mr. BUTLER. Mr. Speaker, I assume that there is not much

use in talking upon this subject if the House is not willing to keep still enough to hear what is said. Gentlemen have evidently made up their minds one way or the other, and are p3rhaps willing to vote this mone.v regardless of any knowledge on the subject. I do not believe that the latter is the case, and therefore I hope there will be some little attention at least given to the subject under discussion.

First, it is known to all who are conversant with the situation of affairs, that there is now a military post at Plattsburg, just across Lake Cb,~tmplain and a little south of the locality where this post is proposed to be established. If there be a necessity for a military post in that region, one is already in existence. If it be not sufficiently extensive, then the proper plan would be to extend it to the point where it would be efficient. But I hold that there is no necessity for the increase of our military power in any sense or in any direction. There is no need of any such increase.

A MEMBER. How far apart would those two posts be if -this one were established?

Mr. BUTLER. Less than 100 miles. Mr. Speaker, I repeat that, so far as I can see, there is no necessity for any military establisb,ment in that locality beyond what we have now. Dur­ing the Revolutionary war, when we were almost without re­sources and compelled to act without due military preparation, and against well-drilled troops, the flower of Europe, we found ourselves able to resist the entrance of an army from that direc­tion, and finally to defeat and capture that army. Later, when a British force from Canada attempted a similar invasion, we again found ours3lves entirely able to meet them and drive them back. And now, when we are as strong as we are, there has been no argument made, and I believe no sound argument can be presented, to show that we need any extension whatever of the mil~tary arm of our service in that direction.

This is simply a piece of buncombe, an attempt to make a littl~

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5902 CONGRESSIONAL RECORD-HOUSE. JULY 8,

capital by establishing upon our frontier a military post in time of peace. I believe that the establishment oi such military posts is conducive to war rathee than to peace. Whe~ an armed force is placed on a frontier, ready to repel an invasion, it becomes of necessity, as all history shows, a provocation to war rather than a means of preventing war. lam opposed to the expenditure of a dollar of the public money for anything that is not necessary. I have never h esitated t:> vote for expenditures for things that were needed, but for unnecessary purposes I do not believe that we are justified in spending one single dollar; and I do not be­lieve that this post is needed at the present time, even if it has been at any time in the past or may possibly be in the future. I reserve the balance of mv time.

Mr. OUTHWAITE. We propose to close this debate, and I hope the gentleman will finish what he has to say at this time.

Mr. BUTLER. I ha\e reser\ed the remainder of my time. [Cries of "Vote!" "Vote] "J

The SPEAKER. The House will be in order. The gentle­man from Vermont [Mr. GROUT] has seven minutes remaining.

Mr. GROUT. Mr. Speaker, the gentleman from Ohio [Mr. OUTHWAITE], chairman of the Committee on Military Affairs, that reported this bill, wishes to say a few words in explanation of its object, and I yield to him.

Mr. OUTHWAITE. Mr. Speaker, the gentleman from Iowa [Mr. BUTLER] is not a member of the Committee on Military Affairs, and he shows by his remarks that he has no information as to the real purpose of this bill. He talks about the expendi­tures of money for this purpose. No expenditure is provided for in this bill. This is not a proposition to build a post at this time, nor to be at any expense whatever at this time.

Mr. BUTLER. When? M1·. OUTHWAITE. It is a proposition to accept a tract of

land, with a view, of course, to the future expenditure of money in establishing a post. /

Mr. Mcl\-ITLLIN. Does not the bill provide 'that certain mon­eys heretofore appropriated may be expended upon this post?

Mr. OUTHWAITE. No. It does not provide that certain moneys heretofore appropriated shall be expended upon this post. It proposes to put this post in the same category with the other posts in different parts of the country, for future appro­priations, and not for appropriations heretofore made.

Now, Mr. Speaker, as to the immediate necessity, nobody has claimed that there is any immediate necessity for a post at this point. If there were an immediate necessity, it would be extreme folly for this Congress to appropriate the money for it now, be­cause there would not be tima in the presence of that immediate necessity, to build the post. The purpose is to authorize the es­tablishing of a post there at a convenient time, in pursuance or a policy recommended by whom? Not by any one member of Con­gress, not by any committee of Congress, but by the General of the Army, by the Secretary of War, by those officials to whom we delegate the supervision oi such matters. They propose to aban­don a number of the small posts scattered throughout the coun­try, to save the expenditures that are annually made for these posts,and to concentrate our forces atimportantor stategic points.

Mr. McMILLIN. Has not the Government within the last four years established a post within 100 miles of where·it is pro­posed to establish this one?

Mr. OUTHWAITE. No. There is a post established in that direction, but it is not within 100 miles.

Mr.1.fcMILLIN. Well, it is withinashortdistancefrom this point. •

Mr. OUTHWAITE. It is not within a short distance; but distance is pot the only thing to ba considered. It is not at a location which the General of the Army would have selected to command this particular region.

This post is placed at a point to command ailvances from Can­ada along the usual and most approachable route. I do not inti­timate that there is any threatened aspect of war, but I say that in time of peace we should prepare for war, and if our forces are to be located in any posts why not have them in a post where they would be of some benefit in case of a foreign invasion?

This point commands, as was shown by the article read from the New York Sun, one of the most, if not the most, important strategic point on ·this continent with respect to the Dominion of Canada. It is for this r eason that the Committee on Military Affairs unanimously, after careful consideration, reported this bill to the House; and it is for this reason that I have taken a few minutes to urge the House to give this measure fair consid­eration upon the wise propositions which may be urged in its support, and not upon any supposed question which may exist as to an expenditure hereafter. Some amount will have to be ex­pended somewhere for posts in which to station troops, and may it not be as wisely expended here, w hera the general of the Army, where two generals of the Army in succession, and where Sem·e­taries of War, two or three of them, have said it would be wise to make the expenditure?

Mr. Speaker, if a vote can now be taken, I do not care to de­tain the House further.

Mr. GROUT. I call for a \Ote. Mr. BUTLER. Mr. Speaker, I believe Ihavesome time left.

I wish to make just one remark in reply to what the gentleman from Ohio [M:r. OUTHWAITE] has said, to the effect that it is the policy to vacate certain other posts and locate at this one. He forget.s that there is nothing in this bill proposing to vacate anythrng.

Mr. 0 UTHW AITE. I will say to the gentleman that the War Department has already issued orders vacating several of these posts.

Mr. BUTLER. Is any one of them in the vicinity of High­gate?

Mr. OUTHWAITE. No; if there were a fort in this vicinity we would not need another.

Mr. BUTLER. The bill does not cover anything of that kind at all, nor is there any proposition to vacate any existin()' post in that section of the country. o

I yield the residue of my time to the gentleman from Virginia [Mr. JONES].

Mr. JONEE?. Mr. Speaker, I have listened with a great deal of attention to the arguments advanced by gentlemen who favor this bill; but I confess that thus far I have heard not one which seemed to me to show either its propriety or its necessity. I know, sir, that extracts have been read from the New York Sun, favol'ingtheestablishment of this post; and the editorial remarks of that journal may have influenced some gentlemen to favor this bill· but I wish to say that they are not sufficiently weighty or conclusive, in my judgment, to influence the voteofanymember who honestly believes in economy and reform inpublicexpendi­tures. This question with me is one of economy, the legitimate expenditure of the people's money. Whether or not this bill carries any immediate appropriation, gentlemen will not deny that the object of the bill is to commit Congress at some future day to the appropriation of the money of the United States for establishing a military post which at present isasuselessasany­thing could be, and which there is no probability this Govern­ment will ever need.

The members of this Congress, at least those on this side of the House, were elected by the people with a distinct understand­ing that they would favor a policy of retrenchment in the public expenditures; that they would practice the strictest economy in spending the public money; yet here is a bill for which there is no possible excuse, for which no reason has been advanced by any gentleman who supports it on this floor, and which can not be defended here or elsewhere; a bill looking to a very consid­erable expenditure of money; and yet we find that gentlemen elected to this House with a distinct understanding, if not upon absolute and positive pledges given to their constituents, that they would oppose under all circumstances just such measures as this, and would vote for no expenditure save such as ma,y be ab· solutely necessary for carrying on the Government economically and honestly, are supporting this measure.

I desire, sir, to enter my protest against this character of leg­islation. The time has come, if the time is ever coming in the history of this country, and in the history of this Congress, when we should begin to consider how and where we may best econo­mize in the expenditures of the Government. I notice every day in the Republlcan papers of the country the charge that this Congress has outdone the Fifty-first Congress in the matter of reckless expenditure. I notice that every day the charge is made not only in the Republican journals, but by the Republican leaders on this floor, that we have out-Heroded Herod in this • matter of the expenditure of the public moneys.

Mr. OUTHWAITE. Does the gentleman understand that this bill carries no appropriation?

Mr. JONES. I understand that this bill looks to an appropria­tion of Government money. I understand it means that here­after money shall be expended by the Government to establish this useless military post, although already there is a post of similar character to the one here proposed somethin~ like 100 miles dis­tant from the site proposed now to be selected. I say to this House that if it be the intention of this Congress to establish posts so near together thew hole country will r;ery soon be dotted over with them, and immense additional burdens saddled upon an already overburdened and tax-ridden people in the time of absolute peace.

I wish simply to call the attention of this House and the coun­try to the professions that Democrats have made in the past and to the charge that is being constantly thrown in their teeth by the Republican leaders of this House and Republican papers everywhere that we ara surpassing the Fifty-first Congres5 in our expenditures, expenditures tbat were criminal in their ex­travagance and which we Democrats condemned on every occa­sion.

Mr. OUTHWAITE. How can this bill afford any basis for such a charge when it expends nothing?

•

1892. CONGRESSIONAL RECORD-HOUSE. 5903 Mr. JONES. In answer to the gentleman I will say that the

other day we passed a river and harbor bill which carried onits face an..a.ppropriation of aboui. $22,000,000, and which really did not appropriate another dollar; and · yet because there was in­corporated in that bill an entirely proper and business-like con­tract system covering a period of years gentlemen who are, or profess to b3, in favor of economy on this floor, charged openly that that bill carried $63,000,000. Why are not those gentlemen now inveighing against this bill which commits the Government to t h is worse than useless expenditure?

1\Ir. OUTHWAITE. But this bill does not provide for any con t ract whatever.

l\Ir. JONES. I am aware of that; but it provides for the ac­ceptance of this land for the purpose of establishing a military post, with the ultimate view of expsnding the public money to establish that post-" when necessary," as a gentleman on my left suggests. What po3sible reason can there be for acquiring this site ii it is not to be followed up with an appropriation? I say there are so many things of present and urgent necessity, so many for which we.ought to appropriate money and can not, that it is rankest absurdity to talk about appropriating money now for the establishment of a military post, when there is not a man on this floor who believes that we shall ever need itfor purposes of national defense in a hundred years to come.

It is simply, Mr. Speaker, for the purpose of building up a military post for local reasons and to subserve local interests in a certain section of this country, that this measure is asked for. It is for the purpose of aiding people in that particular locality, who desire to have the money spent amongst them. I am op­posed to the bill; I think the proJ:osition is out of place and im­proper at this time, and I hope it will be rejected. It is an effort to commit this Government to an unnecessary and inexcusable piece of extravagance, and one that no sincere and true friend of economy can for one moment countenance.

Mr. OUTHWAITE. Mr. Speaker, a single word in response. The gentlemen opposing this motion have referred to the ex­istence of military posts in the vicinity of Highgate. They refer to Plattsburg. That is remote from the railroad line, and there is a large body of water between that point and the pro­posed post. This post is near the canals of Canada, near enough for a force within a few hours, or a very short time, to go out from this point and cut the canals, thus pre-venting the war ships of Canada or Great Britain from passing up or down. There is something of a mountain range between the proposed site and that upon which Plattsburg is situated, and Plattsburg is not as available for military purposes. This site is chosen because of its being the center of the great channel of transportation between Canada and the Eastern States and New York, righ't where the railroads converge, as it were, to come through the pass from Canada into the northeastern and northern part of our own country.

That being so, you can r eadily see-and I submit the judgment of the military oilicers of the Government and those having di­rect charge of this matter is better than ours-you can readily see the importance and the wisdom of accepting this location and establishing this post, so that hereafter when the Treasury is in a better condition for the purpose of building the post the work may be carried on and properly completed. It will not be until some time in the future that the expenditure will be neces­sarily made. So the talk of the comparison of the appropri&­tions of this Congress with those of the last Congress has no proper place in this discussion.

The SPEAKER. The time allowed for debate on this propo­sition under the rule has expired; and the question is on the mo­tion of the gentleman from Vermont to suspend the rules and pass the bill.

The question was taken, and on a d·_vision there were-ayes 115, noes 69.

Mr. GROUT. Mr. Speaker, I ask for tellers. Tellers were ordered. Mr. SNODGRASS. I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 15-!, nays 95, not

voting 79; as follows: ·

Andr ew, Bunn, Atkinson, Bun·ows, Bartine, Cadmus, Barwi.g, Caldwell. Belknap, Campbell, Beltzhoover. Caruth , Bentley, Cate, Bergen, Cheatham, Boatner, Chipman. Bowman, Clancy, Branch, · Clark, Wyo. Brawley, Cobb, Mo. Breckinridge, Ark. Coburn. Brosius, Cockran, Buchanan, N. J_ Cogswell,

l.'EAS-15-i. Compton, Coolidge, Coombs , Covert, Cox,N.Y. Crain, Tex. Crosby , Culberson, Cummings , Curtis. Dalzell, Daniell, De Forest, Dockery, Dolliver,

Dungan, Durborow, English, Enochs, Fellows, Flick, Forney, Fowler, Geissenhainer, Greenleaf, Grout, Hallowell, Hare, Harmer, Harries,

Harter, Hatch, Hayes, Iowa Haynes, Ohio Heard, Hemphill, Henderson, Iowa. Henderson, Ill. Hitt, Hoar, Hooker, Miss. Hooker, N. y_ Hopkins, Pa. Hopkins,m Houk,Ohio Houk,Tenn. Huff, Johnson, Ohio Jolley, Kribbs, Lanham, Lapham, Layton, Lester, Ga.

Abbott, Alexander, Amerman, Arnold, Bailey, Baker, Bankhead, Beeman, Blanchard, Bland, Blount, Bretz, Brickner, Brookshire, Brown, Brunner, Bryan, Buchanan, Va. Bullock, Bunting, Busey, Bushnell, Butler, Bynum,

Lind, Little, Lynch, Magne1·, Mallory, Mansur, McAleer, McDonald, McGann, McKaig, McKinney, Meyer, Miller, Mitchell, Mutchler, O'Neill,Pa. O'Neill, Mo. Outhwaite, Owens. Page, R.I. Patton, Payne, Pearson, Perkins,

Post, Powers, Price, Quackenbush, Raines, Ray, Rayner, Reed, Reilly, Reyburn, Robertson, La. Robinson, Pa. Rockwell, Rusk, Russell, Sayers, Scull. Shonk, Smith. Sperry, Ste>ens, Steward, Ill. Stewart, Tex. Stone.c.w.

NAYS-95. Caminetti, Hamilton, Capehart, Henderson, N . C. Castle, Holman, Clarke, Ala.. Jones. Clover, Kern, · Cobb, Ala. Kendall, Cowles, Kilgore, Cox, Tenn. Kyle, Crawford, Lane, Davis, Lawson, Va. De Armond, Lawson, Ga. Dickerson, Lester, Va. Edmunds, Livingston, .f!..llis Lockwood, Enlo~. Long, Everett, Martin. Fithian, McMillin, Fyan, Meredith, Gantz, Montgomery, Gillespie, Moore, Goodnight, Moses, Grady, O"Ferrall, Hall, Otis, Halvorson, Page, Md.

NOT VOTING-7:l. Alderson, Doan, Lewis, Allen. Donovan, Lodge, Babbitt, Dunphy, Loud, Bacon, Elliott McClellan, Belden, Epes, ' McCreary, Bingham, Fitch, McKeighan, Boutelle, Forman, McRae, Bowers, Funston, Milliken, Breckinridge, Ky. Geary, Morse, Broderick, Gorman, Newberry, Byrns, Griswold, Norton, Cable Haugen, Oates, Catchings, Herbert, O'Donnell, Causey, Hermann, O'Neil, :M.ass_ Chapin, Hull, Pattison, Ohio Cooper. Johnson, Ind. Peel. Craig, Pa. Johnson, N.SDak. Pip

1: ceklr·ceei.',

Cu.tting, Johnstone, . C. Dingley, Ketcham, Randall, Dixon, Lagan, Richardson,

Stone,W.A. Storer, Stout, Sweet., Tarsney, Taylor, ill. Taylor, Tenn. Taylor, E. B. Taylor, J.D. Terry. Tillman, Townsend, Tracey, Turpin, Warner, Washington, Weadock, Wheeler, Ala. Williams, N.C. Wilson, Mo. Wolverton, Wright.

Parrett, Patterson, Tenn.. Paynter, Pendleton. Scott, Seer ley, Shell, Shively, Simpson. Snodgrass, Snow. Stone,Ky_ Tucker, Turner, \Vatson, Wheeler, 1\fich. White, Whiting, Wike, Wil.l.ia.ms,m Winn, Wise, Youmans.

Rife. Sanford, Springer, Stahlnecker, Stephenson, Stockdale, Stump, Taylor, V. A. VanHorn. Wadsworth, Walker, Warwick, Waugh, Wever, Willcox, Williams, Mass_ Wilson,Ky: Wilson, Wash. Wilson, \V. Va.

So (two-thirds not voting in the affirmative) the bill was not passed.

The Clerk announced the following additional pair: For the r est of this day: Mr. MCCREARY with Mr. WALKER. The result of the vote was then announced as above recorded. Mr. BUTLER. I move to reconsider the last vote and to lay

tbe motion to reconsider on the table. The SPEAKER. There is no motion to reconsider a motion

to suspend the rules. ENROLLED BILLS SIGNED.

Mr. WARWICK, from the Committee on Enrolled Bills, re­ported that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same:

A bill (H. R. 2398) granting a pension t J William S. Wood­ward;

A bill (H. R. 5034) to increase the pension of Michael Lahey· A bill (H . R. 5330) for the relief of Frederick Meredith, late a

soldier in the Indian war of J832; A bill (H. R. 5342) g ranting a pension to Harmon H . McEl vey; A bill (H. R. 5431) authorizing the issuing of patent3 for loca­

tions with certificates granted under the act of Congress ap­proved August 5, 1854, entitled "An act for the relief of the lP-gal heirs of Benjamin Metoyer;''

A bill (H. R. 6023) for the relief of Elizabeth T. Boyd and Joel S. Hankins, of Alabama;

A bill (H. R. 6140) granting a pension to Mrs. Elizabeth R. Willson;

A bill (H. R . 6509) granting a pension to Herman Heinze· A bill (H. R. 7688) to grant lot numbered 1, in block numbered

72, of the Hot Springs reservation, to the school district of the city of Hot Springs, for school pu!'poses;

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5904 CONGRESSIONAL RECORD-HOUSE. JULY 8,

A bill (H. R. 7820) making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes;

A bill (H. R. 8294) to punish the carrying or selling of deadly or dangerous weapons within the District of Columbia, and for other purposes;

A bill (S. 552) to amend the act approved March 1, 1887, relat­ing to the hospital corps of the Army; and

A bill (S. 2729) to amend an act entitled "An act to estab­lish circuit courts of appeals, and to define and regulate in cer­tain cases the jurisdiction of the courts of the United States, and for other purposes."

:MESSAGE FROM THE SEN ATE. A message from the Senate, by Mr. McCooK, its Secretary,

announced that the Senate had agreed to the report of the Com­mittee of conference on the disagreeing votes of the two Houses thereon, on the amendments of the Senate to the bill (H. H.90-10) making appropriations for the legislative, executive, and judicial expenses of the Government for the :fiscal year ending June 30, 18!)3, and for other purposes.

It also announced that the Senate had agreed to the report of the committee of conference, and had further insisted upon its amendment numbered 43 diaagreed to by the House of Repre­sentatives to the bill (H. R. 4636) making appropriations for the support of the Military Academy for the :fiscal yearending June 30, 1893.

A further message from the Senate, by Mr. McCooK, its Sec­retary, announced that the Senate had paf?sed without amend­ment the bill (H. R.1239) for the relief of the Mobile and Girard Railroad Company.

It was also announced that the Senate had passed the bill (S. 33~!) changing the date for the dedication of the buildings of the World's Columbian Exposition; in which concurrence of the House was requested.

TIN AND TIN PLATE. Mr. SRI VEL Y. I move to suspend the rules and put upon its

passage the bill H. R. 8033. The SPEAKER. The gentleman from Indiana [Mr. SmvELY J

moves to suspend the rules and pass the bill which will be reported. -The Clerk read as follows: A bill (H. R. 8033) to reduce the duty on tin plate, terne plate, and taggers'

tin, and t.o repeal paragraph 209 of section 1 of an act entiUed "An act tore-duce the revenues and !or other purposes." ·

Mr. DALZELL. Mr. Speaker, I demand a second. Mr. SHIVELY. I ask unanimous consent that a second be

considered as ordered. Mr. BURROWS. Let the bill be read. Tne SPEAKER. The bill will be read. The bill was read, as follows:

Be it enacted, etc., That on and after October 1, 1892, all iron or steel sheets or plates or taggers iron coated with pure tin, OL with tin and lead, or with any mixture of which these metals are a component part, by dipping or any other process, and commercially known as tin plate, terne plate, or taggers tin, shall pay 1 cent per pound duty.

SEC. 2. '!'hat on and after October 1, 1894, tin plate, terne plate, and ta.g­gers tin shall be admitted free of duty.

SEc. 3. That paragraph 209of section 1 of an act entitled "An act to reduce the revenue, and tor other purposes," approved October 1, 1890, together with the proviso pertaining thereto, is hereby repealed.

SEC. 4. That on all original and unbroken packages of tin plate, terneplate, and taggers tin held by importers, dealers, or consumers at the time section 1 of this act goes into effect shall be allowed a rebate on the same of 1. 2 cents per pound; and that on all unbroken packages of tin plate, terne plate, and taggers tin held by importers, dealers, or consumers when section 2 ot this act goes into effect shall be allowed a rebate or drawback of 1 cent per pound: Provided, That the application !or such rebate or drawback shall be made within sixty da.y.s after the taking effect of sections 1 and 2, respect­ively, of this act, and under such regulations and in such form as shall be prescribed by the Secretary of the 'l'reasury, who shall adopt such regula­tions and furnish such forms as may be necessary for the purposes of this act.

SEC. 5. That there shall be allowed on imported tin-plate used in the man­ufacture of cans, boxes, packages, and all articles of tinware exported, either empty or fi.lled with domestic products, a drawback equal to the duty paid on such tin plate, terneplate, and taggerstin, less5percentof such duty, which shall be retained for the use of the Government of the United States.

SEc. G. That all acts or parts of acts so far as the same are inconsistent herewith are hereby repealed.

The SPEAKER. The gentleman from Pennsylvania rMr. DALZELL] demands a second, and the Chair will appoint as tell­ers the gentleman from Pennsylvania [Mr. DALZELL] and the gentleman from Indiana [Mr. SHIVELY].

The House divided; and the tellers reported-ayes 168, noes none.

Accordingly a second was ordered. The SPEAKER. The Chair will recognize the gentleman

from Indiana [Mr. SHIVELY] to control the time in favor of the proposition, and the gentleman from Pennsylvania [Mr. DAL­ZELL] to control the time against it.

Mr. SHIVELY. I yield five minutes to the gentleman from New York [Mr. BUNTING].

Mr. BUNTING. Mr. Speaker, there was quite a destruction of

the tin-plate mills of this country wt·ought by this side of the House when this measure was up for discussion some two weeks since; yet we :find that the destruction is still going on. Since that dat3 the celebrated Coates mi.ll of Baltimore has been burned, a!ld we :find now that our friend, the ex-Congressman, Mr. Nied­rmghaus, has also suffered. Here is a clipping from a St. Louis paper dated July 5, which says:

The tin-plate department o:r the Niedl·inghaus rolling mills was burned early this morning, entailing a loss of $15.000, fully insm·ed.

You will remember that Col. Ayers, in making his returns to the Treasury Department, puts down the cosp of this tin-plate factory at $!00,000. [La.ughter on the Democratic side].

Mr. SCOTT. Fully insured at $15,000. M1·. BUNTING. Yes. The Coate3 mill at Baltimore was

burned. This was estimated at $150,000. But the entire loss was put at $50,000, fully insured. This is veJ'Y serious for the American people, because these tin-plate mills have been ex­ceedingly expensive property to the taxpayers of this country. Since the law which created them went into effect, October o, 1890: the consumers of tin plate in this country have paid $20,-736,808.30 on account of them; hence it is quite a damage to have these mills burning up in this promiscuous and fatal way.

Mr. SCOTT. Even if they are fully insured. Mr. BUNTING. It reminds one of the fatality which seemed

to follow up the old-fashioned country gristmills a few years ago, when the roller process superseded their usefulness, and they were mostly sold out to the insurance c:>mpanies. [Laugh­ter.]

Now, Mr. Speaker, I have only time to note a point or two. It seems to this side of the House that our case has b3en so far proven and so far admitted upon the other side that there should be a unanimous vot3 in passing this measure . The gentleman from Pennsylvania [Mr. DALZELL], in a speech made in this House in April, asserted that tin plate was composed of steel sheets or iron sheets coated with tin; that the steel or iron con­stituted 95 per cent, and that the tin constituted 5 per cent. In the minority report this same gentleman asserts that this coun­try has long since outstripped Great Britain in the production of steel and iron; in other words, long since outstripped England in the production of an ingredient which constitutes 95 per cent of tin plate. In view of that it would seem that $2.37 protection on a box of tin plate made of mat3rial which we produce to a better advantage than our competitors and which can be made by tlie gentleman from Indiana [Mr. SmVELY] and myself, as we 1iave demonstrated, at a labor cost of 25 cents is a little too high.

[Here the hammer fell.] Mr. SHIVELY. I reserve the balance of my time. M-r: DALZELL. I yield as much of my time as he may desire

to the gentleman from New York [Mr. P.A.YNE]. Mr. PAYNE. Mr. Speaker, the tariff of 2.2 cents per pound

was put upon tin plate in the last Congress after careful investi­gation of the facts, after due deliberation, and because the major­ity in that House wera convinced that there was no reason why tin plate should not be manufactured in America. We found upon investigation that we imported into this country nearly 6SO,OOO,OOO pounds of tin plate per annum. We found that the amount required for our consumption was three-quarters of all the tin plate produced in the world. We found that we had here the principal ingredients from which tin plate is manufactured, 95 to 97 per cent of it being the steel sheets and the other 3 to 5 per cent being tin.

Not that we produc~d pig tin herein merchantable quantities, but we had every other ingredient. We had the steel, we had the lime, we had the coal, and we had everything except pig tin . We found from our own investigation that both .England and Wales produced from their own country mines nearly 9,00::> tons of pig metal. Yet that was not sufficient in quantity and not sufficient in quality to manufacture and coat tin plate. It was of such a character none of it was :fit to coat sheets to make tin plate. We found that every ton they used in making tin plate was imported by them from the Straits ofMalacca and from Australia; and we found too, sir, that our people were importing into this country 18,000 tons of pig tin from these same Straits of Malacca and from Australia, and that we could land it inN ew York and Philadelphia as cheaply as the British could land it in Lon­don and in Liverpool; :finding, too, that it required only about 9,000 ons of pig metal to coat all the tin plate that we use . in this

country, in addition to the 18,000 tons we use annually as an amalgam. We saw no reason why we could not get tliis raw material for tin plate as cheaply as we did for other uses; as cheaply as they could get it in London and in Liverpool.

Why, then, had v e not made tin plate witb. a duty of 1 cent per pound? Simply because, Mr. Speaker, that did not make up the difference of the cost of labor between our well-paid labor­ers and the men, women, and children who were striving to eke out a miserable existence in Wales in making tin plate. We

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1892. CONGRESSIONAL RECORD-HOUSE. 5905 studied the differeiJ.ce in the cost of wages w~ had to pay here and the wages in Wales . . We compared the difference, and we put upon this a duty of 2.2 cents to make up the difference in labor between there and here. We knew that with equal labor conditions, what human hands, guided by human intelligence, could do, American hands, guided by American intelligence, could do.

What was the result? The duty went into effect on the 1st (lay of July one year ago. It went into effect after th~ country had gone Democratic. It went into effect when that party were in a majority in the House of Representatives of 140, threaten­ing to repeal the duty on tin plate whenever they got into power; a party declaring for tariff for revenue only; a party declaring for free trade; a party declaring that they would put the tariff only on those luxuries and necessities which we could not pro­duce in this country; and notwithstanding all that, in this short year, no industry was ever developed in any country as has this industry been developed in the United States. The production the last quarter was three times that of the previous quarter-was 7,500,000 pounds-as the following telegram from Col. Ayer, the special agent having this matter in charge, will show:

NEW YORK, July 8, 18)2. Hon. SERENO E. PAYNE;

Fourteen firms produced 5,623,459 pounds tin and terne plates during last qu~rter; twelve firms to hear from; their estimated output 2,000,000pounds. Total estimated production tin and terne plates during lll.st quarter seven to eight million pounds. This does not include articles or wares made from American sheet iron or steel and tinned.

IRA A YER, Special Agmt.

Why, I was amazed at my friend from New York [Mr. BUNT­ING] gloating over the fact that in Baltimore some tin-plate works were burned down and 150 men thrown out of employ­ment. Why do I say 150 men? Because it appears from the of­ficial report of Col. AyerJ filed in Juna, after he had visited that establishment and seen tnese men making tin plate there. One hundred and fifty men thrown out of employment! And yousay that the insurance was only $15,000 and the loss $15,000. Well, they were making 700 boxes of tin plate weekly; making tin plate at the rate of 4,000,000 pounds a year. They were giving American wages to 150 American workmen; and I do not care whether they had $2.50 invested or $250,000. Fira left the machinery; fire left the foundations; fire left the site in which the factory was built; and yet this same company in Baltimore, Coates & Co., went ahead immediately and signed a contract to build a new factory with double the capacity, at double the cost of the old.

Burning down old mills! Aye! How is it with Niedringhaus, of St. Louis? They were doing a prosperous business. They were adding to their machinery day by day. They were em­ploying 250 men. They made 2,000,000 pounds of tin plate dur­mg the last three months in this mill that was burned. Mr. Niedringhaus, whose statement would not be denied on this floor by gentlemen who know him, states that they were making that tin plate at a profit. Although burned down, they immediately took steps to rebuild their mills. Yet the burning of this mil~ IS gloated over-in the American House of Representatives. Be­cause, perhaps, it may bolster up the failing fortunes of a party, it is gloated over and made sport of; and the gentleman received applause from that side of the House.

·Mr. Speaker, in the city of Chicago they have illustrated the principles of protection in this tin-plate business. We have ever held, upon our side, if you give Americans a chance, if you give them equal competition, if you allow them to go into the work­shops and study the question under their 'personal observation, that you immediately call into activity that universal American gerlius, that American intelligence that will discover new ways to brin~ out old results. They have pursued the tin-plate in­dustrym Wales for one hundred and seventy years, and yet they have hardly changed their plan of operations. What has been done at Chicago? I wish I had time, Mr. Speaker, to read the report of Col. Ayers, which describes it. I wish I had time to state the personal interviews that I have had with gentlemen who saw the operations. Yes; _by one of the gentlemen who came before our committee and protested against raising the duty on tin plate; and he says now that we were right and he was wrong.

This machine of Norton Bros., of Chicago, tins by the palm­oil process, saving the labor of three or four men. One un­skilled laborer accomplishes as much as four men, producing seventy boxes of tin in a day of ten hours by this single machine. Their mill is laid out; th~ir foundations built; their machinery is being constructed in their own shops to make thirty of these tinning machines capable of producing 2,100 boxes of tin in a day of ten hours. Then go and see that other machine which has been put into operation, perhaps experimentally, but yet it is a success, where they turn the molten steel into the rolls and it comes out a rolled sheet, wanting but one process to prepare

XXIII-370

. it for tinning. Look also at that machine invented by Sam1Jel Y. Buckman, a citizen of Philadelphia: where they put in the black sheets at one end and by wire brushes and by acid fluxing they clean the sheets; they anneal the sheets; they dry the sheets; they run them through the molten tin, and then run them through the rolls, which can be adjusted in a moment to make> a thick or thin coating of tin.

Mr. DUNG.l).N. May I ask the gentleman a question? Mr. PAYNE. Not when I have but fifteen minutes. That

machine joins the sheets together and solders them making a roll of tin plate ready for roofing withont requiring the work of the tinker to fasten it together with solder or any other process. These two operations will revolutionize the business of making tin plate in this country, so that we shall get it cheaper than it has ever been sold in the world before. When we put on tljis duty in 1890 ourWelsh friends were charging us more than they had charge::l us for three previous years. They are charging us less now thap. they ever charged before, and every article of vin manufacture, from a tin dipper to a tin roof, is as cheap to- the farmer, to the mechanic, to the laborer, as it ever was.

Some gentlemen who now sit upon the other side protesteG. at that time in behalf of ~he canning interest, but tin cans were never sold to the canners of fruit as low as they have been sold in the last two years. All this illustrates the principle of pro­tection which brings into play American genius and giving Americans a chance to enjoy the benefit of their own invantion and of the labor oi their own brains. · I have a lett01r from Nor­ton Brothers, of Chicago, which I will ask the Clerk to read, be­cause it is right in line with the view I am contending for.

The Clerk read the letter, as follows: CHICAGO, JUM 18, 1892.

MY DEAR Sm: Your valued favor of the 16th instant is received in relation to our dispatch of the 14th instant. In relation to our new automatic tin­ning machine, we desire to say that the invention of this machine has been brought about wholly by the protective tariff placed upon tin plate by the McKinley bill-

[Derisive cries on the Democratic sidel-a.s without the protection afforded by this bill it would be useless for any person to invest time and money in the invention of such machinery to com­pete with the cheap labor employed in Wales in the manufacture of tin plate.

One of the great ad>antages in the use of this machine is being enabled to manufacture a much more durable and better quality of tin plate than a large proportion oi that which is now received from Wales, and which is tinned through muriatic acid as a flux, while with this machine palm oil is used.

Yours, very t ruly, NORTON BROS.

Hon. SERENO E. PAYNE, House of Representatives, Washington, JJ. 0.

Mr. PAYNE. Now, Mr. Speaker, that letter will go into the RECORD, and I hope that gentlemen on the other side, in there­tirement of their own homes, when they are not "playing to the galleries," will read it and try once to get an American idea into their heads, an idea which explains how the American manu­facturer can produce tin plate cheaper and better than it has ever been produced in the world, provided he can only be pro­tected against the competition of the pauper labor on the other side of the ocean. [Applause on the Republican side.]

[Here the hammer fell.] Mr. DUNGAN. I ask unanimous consent that the time of the

gentleman from New York [Mr. PAl."'NE] be continued for five minutes, as I wish to ask him a question.

Mr. PAYNE. I am agreeable. The SPEAKER pro tempore (Mr. GOODNIGHT). Is there ob­

jection to the request of the gentleman from Ohio that the time of the gentleman from New York be extended .fi~e minutes? ~r. O'NEILL of Missouri. I object. We have other work

to do. Mr. PAYNE. · The objection did not come from this side. Mr. SHIVELY. I yield now to the gentleman from Tennes­

see [Mr. McMILLIN]. Mr. McMILLIN. Mr. Speaker, if, as bas been stated by the

gentleman from New York [Mr. PAYNE], the increase of the duty has decreased the cost of tinware it is difficult to see how it has stimulated the American manufacture~.

Mr. Speaker, this tariff system that we are attempting to amend has been on trial for nearly two years. We have brougb t these bills in here and have been forced to this means of passing them, under suspension of the rules, by the filibustering on the other side. Days have been wasted in that way by them. Gen­tlemen on that side of the House do not heed the handwriting upon the wall that bas left so many of them at home and sent so few of them here, proclaiming, as it doss, that the people of this country are determined to have tariff reform. [Applause on the Democratic side.] · Mr. Speaker, the iron schedule in the McKinley bill, as was reported by Mr. Swank, the secretary of the Iron and Steel As­sociation, to its president, was the most highly protective one ever enacted. He boast3d that it was exactly what the manu-

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5906 CONGRESSIONAL RECOR.D-HOUSE. JULY 8,

facturers wanted, and yet we saw that before it had been in op­eration for six months in the coal regions of Pennsylvania, de­pending upon the iron regions for their prosperity, there was a reduction of 12-! per cent in the wages of labor and 10,000 men were thrown out of employment. Again, because in Alabama there was a demand for increased wages after the passage of the McKinley bill, there was a strike which threw 5,000 men out of employment. But we do not have to go to ancient history for illustrations of the working of this system. Unfortunately we have a very sad and a. very bloody chapter of more recent date. It turns out that some of the very men who got the benefit of this tariff, and who are abroad at this time, have had trouble in their works because of the fact that the increase of wages that was promised to labor was not only not given but a decrease of wages was insisted upon by the mill-owners. Does any man deny this?

Mr. DALZELL. Yes, sir; I deny it. I say the gentleman..does not know what he is talking about. "' [Laughter.]

Mr. McMILLIN. I refer you to the statement of Mr. Frick, the president of that company, published in the Associated Press dispatches in this morning's paper. He is reported as saying that that was the contention, and I opine that the gentleman from Pennsylvania [Mr. DALZELL] himself does not know what he is talking about. [Laughter.]

Mr. DALZELL. I will undertake to satisfy any fair, intelli­gent gentleman in this House that the unfortunate affair at Homestead has nothing whatever to do with this question.

The SPEAKER. Does the gentleman from Tennessee yield? Mr. McMILLIN. I can not. Mr. DALZELL. The gentlemen challenged a denial of his

statement. I deny it. [Loud cries of" Order!" during which Mr. DALZELL tried to make himself heard.]

Mr. McMILLIN. I know that you promised an increase of wages to the wage-workers by your tariff; and you have not given it, and you are sensitive when your failure is commented upon. [Applause on the Democratic side.]

Mr. DALZELL, again endeavoring to make himself heard, was interrupted by cries of" Order!"

Mr. DALZELL. The gentleman dare not allow me to answer him.

Mr. McMILLIN. The gentleman has had his time. Why did he not get up here and explain that unfortunate affair if he was 00~~~~? .

Mr. DALZELL. Because I did not suppose any man in this House would ba mean enough, for the purpose of making party capital, to gloat over the dying men at Homestead. [Applause on the Republican side.]

Mr. McMILLIN. And anyone who will say that anymanhere is disposed to gloat over that incident, or does gloat over it, could be truthfully accused of falsehood. [Derisive cries on the Republican side.]

Mr. DALZELL again rose. Mr. McMILLIN. Will the gentleman please take his seat? The SPEAKER. The gentleman from Tennessee declines to

yield, and the gentleman from Pennsylvania will take his seat. Mr. DALZELL. The deplorable events at Homestead furnish

an opportunity for the anarchist and the demagogue. Mr. McMILLIN. The gentleman well knows that Carnegie

was the biggest contributor to your campaign fund. You prom­ised an increase of wages, and you did not give it. Your fraud is perceptible to all honest men.

[Her e the hammer fell.] The SPEAKER. The gentleman from Indiana [Mr. SHIVELY]

is still entitled to five minutes. Mr. SIDVELY. Mr. Speaker, incommenton theletterwhich

the gentleman from New York [Mr. PAYNE] caused to have read from the Clerk's desk, I ask the Clerk to read the following ex­tract from a letter by a distinguished and reputable Philadel­phia firm, who are themselves manufacturers of tin plate on the American plan.

The Clerk r ead as follows: We note in the papers that the Hon. SERENO F. PAYNE, of New York, read

a d·ispa tch purporting to come from Norton Bros., Chicago, stating that they had received orders from the Fairwood Works, of Gowerton, for one of Mor­ton's Automatic Palm Oil Tinning Machines. We learn from Mr. G. H. White, of LliwForge, Swansea, who is now in our city, that he can make an affidavit to the fact that Mr. Bright, who has been manager of the Fairwood Works, stated to him within the last few weeks that Norton Bros. pro­posed to give them one of their machines and to send it to Wales. This Mr. Bright could not refuse to accept, because he has made an engagement for a cert ail) limited time with Norton Bros. to look after their tinning pots, etc., at Maywood, near Chicago. This is the whole matter, and instead of there being two machines there is only one, and this is forced on Mr. Bright who, under the circumstances, you see, could not refuse. This is the way coals are sent to Newcastle.

Mr. SIDVELY. Mr. Speaker, thereporton theriseandprog­ress of the American tin-plate industry issued by the Treasury Department April 23 is the reply to the gentleman from New York (Mr. PAYNE]. By that report it is shown that of the five

firms reported as making tin plate and terne plate for the first quarter four had either retired fJ:Om the business or reduced. their product for the second quarter. Of the eleven firms re­ported for the second quarter seven had either retired from tne business or reduced their output for the third quarter.

And, sad as it may seem, a strange fatality seems to atte~d this statutory industry. TheN. & G. Taylor Company s tin­plate works, of Philadelphia, have been destroyed by fire. The Coates Company's works of Baltimore have been destroyed by fire. The tin-plate attachment to the Neidringhaus factory has b~en dest~o~ed by :fire. The Keystone Company's factory at Philadelph1a IS closed and offered for sale, and the McKinley Tin Plate Company has dissolved and retired from business by a vote of the stockholders. After the act of 1890 has been on the statute book for twenty months the beneficiaries of that act seem to think it necessary to cut the telegraph wires loose on Congress to annqunce some new tin-plate factory. These indus­tries are coming into existence by t elegraph and they go out so quickly that it would require a compound kodak to preserve a memory of them for our patriotic contemplation. [Laughter and applause.]

Gentleman talk of the deliberation given to the consideration of the tin-plate duty in the act of 1890. There was no delibera­tion about it. The secretary of the American Tin Plate Manu­facturers' Association prescribed the rate of duty himself. His formula was made the law over the protests of the representa­tives of hundreds of American industries which use tin and terne plate, ann which industries have been sacrificed both in their factories and in their markets bv that law.

[Here the hammer fell.] ~ The SPEAKER. The question is now upon the motion or the

gentleman from Indiana [Mr. SHIVELY] to suspend the rules and pass the bill which has been read.

Mr. ·BUCHANAN of New Jersey. I call for theyeasandnays. The yeas and nays were ordered. The question was taken; and there were-yeas 20'7, nays 61~

not voting 60; as follows:

Abbott, Covert, Alexander, Cowles, Amerman, Cox, N.Y. Andrew, Cox. Tenn. Arnold, Crain, Tex. Babbitt, Crawford, Bailey, Crosby, Baker, Culberson, Bankhead, Cummings, Earwig, Daniell, Beltzhoover, Davis, Bentley, DeArmond, Blanchard, De Forest, Bland, Dickerson, Blount, Dixon, Boatner, Dockery, Bowman, Dungan, Branch, Durborow, Brawley, Edmunds, Breckinridge, Ark. Ellis, Bretz, English, Brickner, Enloe, Brookshire, Epes, Brown, Everett, Brunner, Fellows, Bryan, Fitch, Buchanan, Va. Fithian, Bullock, Forman, Bunn, Forney, Bunting, Fowler, Busey, Fyan, Butler, Gantz,

YEAS-207. Hooker, Miss. Houk, Ohio Johnson, Ohio Johns-tone, S. C. Jones, Kem, Kilgore, Kribbs, Kyle, Lane, Lanham, Lapham, Lawson, Va. Lawson, Ga. Layton, Lester, Va. • Lester, Ga. Little, Livingston, Lockwood, Long, Lynch, Magner, Mallory, Mansur, Martin, McAleer, McClellan, McDonald, McGann, McKaig,

Bynum, Geissenhainer, Cadmus, Gillespie,

McKinney, McMillin, McRae,

Caminetti, Goodnight, Campbell, Grady, Capehart, Greenleaf, Caruth, Hall, Castle, Hallowell, Catchings, Halvorson, Cate, Hamilton, Chipman, Hare, Clancy, Harries, Clarke, Ala. Harter, Cobb, Ala. Hatch, Cobb, Mo. Hayes, Iowa Coburn, Haynes, Ohio Cockran, Heard,

Meredith, Meyer, Mitchell, Montgomery, Moore, Moses, Mutchler, Oates O'Ferrall, O'Neil, Mass. O'Neill, Mo. Otis, Outhwaite, Owens,

Compton, Hemphill, Coolidge, Henderson, N. C.

Page, R.I. Page,Md. Parret t, Coombs, Hoar,

Cooper, Holman,

Atkinson, Bar tine, Belknap, Bergen, Bingham, Bowers, Brosius, Buchanan, N.J. Burrows, Caldwell,

Cheatham, Clark, Wyo. Cogswell, Curtis, Cutting, Dalzell, Dolliver, Enochs, Flick, Grout,

Patterson, Tenn. NAYS-61.

Harmer, Haugen, Henderson, Iowa Henderson, Ill. Hermann, Bitt, Hooker, N. Y. Hopkins, Pa. Hopkins, ill. Houk,Tenn.

.·

Patton, Paynter, Pearson, Pendleton, Pierce, Rayner, Reilly, Robertson, La. Rockwell, Rusk. Sayers, Scott, Seer ley, Shell. Shively, Simpson, Snodgrass, Snow, Sperry, Stevens, Steward, Ill. Stewart, '.rex, Stone, Ky. Stout, Stump, Tarsney, 'l.'en·y, Tillman, Tracey, Tucker, Turner, TUI'pin, VanHorn, Warner, Washington, Watson, Weadock, Wheeler, Ala. Wheeler, Mich. White, Whiting, Wike, Willcox, Williams, Mass. Williams, N.C. Williams, Ill . Wilson, Mo. Winn. Wise, Wolverton, Youmans.

Huff, Johnson, Ind. -Johnson, N. Dal Jolley, Loud, 0'Ne111, Pa. Payne, Perkins, Post, Powers,

._

1892. OONGRESSIONAL RECORD- HOUSE. 5907 Qlllacken bush, N.a.ines, Ray, Reed, Reyburn, Robinson, Pa.

Russell, Storer, Scull, Sweet, Shonk, Taylor, Ill. Smith, Taylor, Tenn. Stone, C. W. Taylor, E. B. Stone, W. A. Taylor, J. D.

NOT VOTING-60.

Taylor, V. A. Townsend, Wright.

Alderson, Dingley, Lind, Richardson, Allen, Doan, Lodge, Rife, Bacon, Donovan, McCreary, Sanford, Beeman, Dunphy, McKeighan, Springer, Belden, Elliott, Miller, Stahlnecker, Boutelle, Funston, Milliken, Stephenson, Breckinridge, Ky. Geary, Morse, Stockdale, Broderick, Gorman. Newberry, Wadsworth, Bushnell, Griswold, Norton, Walker, Byrns, Herbert, O'Donnell, Warwick, Cable, Hull, Pattison, Ohio Waugh, Causey, Kendall, Peel, Wever, Chapin, Ketchalll, Pickler, Wilson, Ky. Clover, Lagan, Price, Wilson, Wash. Craig, Pa. Lewis, Randall, Wilson, w. Va.

So (two-thirds voting in favor thereof) the rules were suspended and the bill passed.

The following additional pairs were announced: Mr. SPRINGER with Mr. WADSWORTH, for this day. Mr. WARWICK with Mr. LIND, on this vote. Mr. BRECKINRIDGE of Arkansas. Mr. Speaker, the gen­

tleman from Kentucky [Mr. BRECKINRIDGE] isabsentonaccount of sickness in his family.

Mr. BRODERICK. lam pa'ired with tbegentlemanfromMis­sissippi [Mr. STOCKDALE]. If pTesent, he would vote "aye" and I should vote '' no. "

The result of the vote was then announced, as above recorded. DUTY ON LEAD ORE, ETC.

Mr. WHITING. Mr. Speaker, I move to suspend the rilles and pass the bill (H. R. 561) to amend paragraph 199, Schedule C, of the act of October 1, 1890, entitled "An act to reduce the revenue and equalize dutiesonimports,and forother purposes."

The SPEAKER. The bill will be read. The bill was read, as follows:

Be it enacted, etc., That paragraph 199, Schedule C, of the act of October 1, 1890, entitled "An act to reduce the revenue and equalize duties on imports, and for other purposes," be, and the same hereby is, amended so that the same shall read as follows :

"199. Lead ore and lead dross, 1! cents per pound: Provided, That all ores carrying silver and lead at the same time, except silver ores containing lead, shall pay a duty of I! cents per pound on the lead contained therein accord­ing to the sample and assay at the port of entry: Andprovidedfurtker, That ores containing silver and lead, in which the value of the silver contents shall be greater than the value of the lead contents according to sample and assay at the port of ent.ry shall be considered silver ores, and as such shall be exempt from duty."

Mr. TOWNSEND. Mr. Speaker-.-The SPEAKER. The gentleman from Michigan has the floor. Mr. REED. There is to be a second, I presume? The SPEAKER. If a second is demanded. The gentleman

from Maine demands a second. The Chair will appoint the gen­tleman from Maine [Mr. R~ED] and the gentleman from Michi­gan [Mr. WHITING]. The tellers will please take their places.

Mr. TOWNSEND. I desired tomovethatthe House adjourn, if the motion is in order.

The SPEAKER. It is in order if the gentleman makes it. Mr. TOWNSEND. I make that motion. The SPEAKER. The gentleman has the right to make the

motion. , The question was taken; ·and on a division there were-ayes

43, noes 160. 111:1". TOWNSEND. I ask the yeas and nays on the motion. The yeas and nays were ordered. The question was taken; and there were-yeas 35, nays 199,

not voting 94; as follows:

Atkinson, Bartine, Belknap, Bergen, Bingham, Bowers, Buchanan, N. J. Chea.thalll, Clark, Wyo.

Abbott, Alexander, Amerman, Andrew, Am. old, Babbitt, Bailey, Baker, Bankhea<l, Barwig, Beeman, BeltzhooYer, Bentley, . Blancharrl, Bland,

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YEA8-35. Cogswell, Enochs, Harmer, Hitt, Hooker, N. Y. Hopkins, Pa. Hurt, Johnson, N. Dak. Jolley,

Loud, O'Neill, Pa. Raines, Ray, Reed, Reyburn, Scull, Shonk, Stone, C. w.

NAYS-199. Boatner, Busey, Bowman, Bushnell, Branch, Butler, Brawley, Bynum, Breckim·idge, Ark. Cadmus, Bretz, Caminetti, Brickner, Capehart, Brookshire, Caruth, Brosius, Castle, Brown, Catchings, Brunner, Cate, Bryan, Chipman, Buchanan, Va. Clancy, Bunn, Clarke, Ala. Bunting, Clover,

Stone,W.A. Sweet, Taylor, Ill. Taylor, Tenn. Taylor, E. B. Taylor, J. D. Taylor, V. A. Townsend.

Cobb, Ala. Cobb, Mo. Coburn, Cockran, Compton, Coolidge, Cooper, Covert, Cowles, Cox,N. Y. Cox, Tenn. Crawford, Crosby, Culberson, cummings,

Daniell, Davis, DeArmond, DeForest, Dickerson, Dixon, Dockery, Dolliver, Durborow, .Edmunds, Ellis, English, Enloe, Epes, Everett, Fellows. Fithian, Forman, Forney, Fowler, Fyan, Geissenhainer, Gillespie, Goodnight, 'Grady. Greenleaf, Hall, Hallowell, Halvorson, Hamilton, Hare, Harries, Harter, Hatch, Haugen,

Hayes, Iowa Haynes, Ohio Heard, Hemphill, Henderson, N. C. Henderson, Ill. Hermann, Hoar. Holman. Hooker, Miss. Houk, Ohio Johnson, Ind. Johnstone, S.C. Jones, Kern, Kilgore, • Kribbs, Kyle, Lane, Lanham, Lapham, Lawson, Va. Lawson, Ga. Layton, Lester, Va. Leste-r, Ga. Lind, Little, Livingston, Lockwood, Long, Lynch, Magner, Mallory, Mansur,

Martin, McClellan, McDonald, McGann, McKaig, McKinney, McMillin, McRae, Mitchel[, Montgomery, l\1oore, Moses, Oates, O'Ferrall, O'Neil. Mass. O'Neill, Mo. Otis, Outhwaite, Owens. Page, Md. Parrett, Patterson, Tenn. Patton, Paynter, Pearson, Pendleton, Perkins, Pierce, Post, Price, Reilly, Rockwell, Sayers, Scott, Seerley,

NOT VOTING-94.. Alderson, Donovan, McCreary, Allen, 'Dungan, McKeighan, Bacon, Dunphy, Meredith, Belden, Elliott, Meyer, Blount. Fitch, Miller, Boutelle. Flick, Milliken, Breckinridge, Ky. Funston, Morse, Broderick, Gantz, Mutchler, Bullock, Geary, Newberry, Burrows. Gorman;- Norton, Byrns, Griswold, O'Donnell, Cable, Grout, Page, R. I. Caldwen. Henderson, Iowa Pattison, Ohio Campbell, Herbert, Payne, Causey, Hopkins, Ill. '?eel, Chapin, Houk, Tenn. Pickler, Coombs, Hull, Powers, Craig,Pa. Johnson, Ohio Quackenbush, Crain, Tex. Kendall, Randall, Cm·tis, Ketcham, Rayner, Cutting, Lagan, Richardson. Dalzell, Lewis, Rife, · Dingley, Lodge. Robertson, La. Doan, McAleer. Robinson, Pa.

So the House refused to adjourn.

Shell, Shively, Simpson, Smith, Snodgrass, Snow, Stevens, Stewart, Tex. Stone, Ky . Stout, Stump, Tarsney, Terry, Tillman, Tracey, Tucker, Turner. VanHorn, Warner. W asru.n.gton. Watson, Weadock, Wheeler, Ala. Wheeler, Mich. White, Whiting, Wike, Williams, Mass. Williams, lll. Wilson, Mo. Winn, Wise, Wolverton. Youmans.

Rusk, Russell, Sanford, Spen·y, Springer, Stahlnecker, ~tephenson, Steward, lll. Stockdale, Storer, Turpin, Wadsworth, Walker. Warwick, Waugh, Wever, Willcox, Williams, N. C. Wilson, Ky. Wilson, Wash. Wilson, W. Va. Wright.

The result of the vote was then announced as above record~ . • The SPEAKER JJro tempore (Mr. REILLY in the chair).

Tellers had been appointed on the motionof the gentleman from Michigan to suspend the rules and pass the bill which has been read, and will please take their places.

The House divided; and the tellers reported-ayes 175, noes 0. So a second was ordered. . The SPEAKER pro tempore. The Chair will recognize the

gentleman from Michigan to control the fifteen minutes in sup­port of the motion: and the gentleman from Maine the time in opposition.

Mr. WHITING. Mr. Speaker, I will occupy the attention of the House but fora few moments in explanation of the provisions of this bill and the necessity for its adoption. The bill reduces the duty on lead ores to H cents per pound upon their lea{i con­tents, and admits free o! duty the lead contained in sil-ver ores. Section 199, Schedule C, of the law of 1890, imposes a duty of H cents per pound on lead ores and 1 t cents per pound on the lead contained in the silver ores. Seetion 200 of the same act im­poses a duty of 2 cents a pound on pig lead.

So, Mr. Speaker, thisdutyonpiglead,at2centsapound,isless than the duty on the raw material. The opponents of this mea!:'j­ure claim that the present duty on s ilver-lead ore is necessary to keep out of our market the foreign ores, and thereby give~ an opportunity for mining in the United States. They make the same old plea that has been always made, that this duty is for the benefit of Ame-rican labor. The provisions of the present law demonstrate that that claim has no foundation, for the law allows pig lead, the finished product, to come in at a duty of 2 cents per pound, or $40 per ton, whereas the duty on the lead contained in the ore is H cents per pound, and as it takes about 3 tons oi ore to make 1 ton of lead, the duty on the ore is far in excess of the duty on the finished product. As a result the smelting is carried on in Mexico instead of in the United States. If the silver-lead ores of Mexico are allowed to come in free of duty, the business of mining and smelt ing will be greatly stimu­lated in the United States, and the labor will be more lib3rally and profitably employed .

I do not care to go into the details of this measure, but I will

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5908 CONGRESSIONAL RECORD-HOUSE. SULY 8,

say that I have given the subject close consideration, and I am fully persuaded that by the passage of this bill a monopoly which at this very moment is trying to control the supply and the price of fluxing ores will be broken. 'f·his once accomplished a new impetus will be given to the mining of both flux and dry ores.

'!'he passage of tho fcKinley bill placed an unnatural value upon flux-ore mines and their product, and at the same time les­sened the wages of labor; for, Mr. Speaker, I claim it as an es­tablished fact that in proportion as the price of an article is in­creased by law the demand for labor engaged in its manufacture is decreased and there by the reward of labor is lessened.

It is e vident, therefore , Mr. Speaker, that the plank in the Republican platform adopted at Minneapolis, providing for an increased duty on lead is not for the benefit of labor, but is prac­cally a pledge to the mine-owners in the silver States; that whereas we can not r et ore to silver its former and natural value, we will tax the consumers of lead in the United States enough to make up for theloss we have made you on silver. [Applause.]

Mr. Speaker, during the past two Congresses I have sat h ere and ha\e seen the advocates of the "robber tariff" skulk be­hind a pretended protection to labor. I hope that now since the sad object lesson at Homestead no one will dare to barter human blood for either political or financial ad vantage.

I think there can be no doubt that the effect of the present law is to put a fictitious price upon silver-lead-ore mines-not upon the labor engaged in mining, but on the value of the mines them. elves. In r eply to the statement as to the high wages paid in the West I say that, under date of June 25, Governor Wyley has asked President Harrison to order out troops to the scene of the miners' lockout in the Coour d'Alene district in Idaho.

No-.v I think we must all admit that the number of miners has not increased since the existing law was passed. There are no more miners in the country; nor do the miners get any better wao-es, but on the contrary ten thousand miners are on a strike becoause of bad iaith on the paJ:t of the mine-owners. I am sat­isfied that if the monopoly which now controls fluxing ores can be permanently destroyed that the mining of both .flux and dry ores, and consequently the smelting industry, will exceed any­thing befora known, and that the price of lead will approximate the price of lead in England, which is only $2 per 100 pounds, while to-day it is $4.20 per hundred, which is just about the amount of the duty abJve foreign lead.

[Here the hammer fell.] fr. WILSON of Washington. I was going to ask unanimous

oansent that the gentleman from Michigan have two minutes a 'lditional time in order to explain the cause_f3 of the lockout to which he has referred.

Mr. WHITING. It explains itself. • Mr. REJ-i~D. I yield five minutes to the gentleman from Colo­

rado [Mr. TOWNSEND]. Mr. TO\VNSEND. Mr. Speaker, I desire to call the atten­

tian o£ the House to the fact that this is a direct attack upon the wages of 50,000 miners. This act that is sought to be changed by this bill is the most important feature in the way of a protec­tion measure that has ever been enacted for the benefit of the Rocky Mountain or mining secti0ns of this country. It can be seen and be perfectly patent to anyone who will for a moment consider the facts. The lead ores that are produced in Mexico and the lead oras that are produced in the United States are of the same general character. They all carry silver. They are known as silver-lead ores. In Mexico they are produced by a labor that costs about 50 cents per day, not to exceed $1. In the United States and in the West the universal price of wages for miners is from $3 to $3.50 per day.

Mr. WHITING. Are they not on strike now, and have they not baen for eight months?

Mr. TOWNSEND. No, sir, not in my section of the country. The ores loaded on the cars in Montana, Colorado, in Utah and Idaho, and the ores loaded on the cars in Sonora, Durango, and other Mexican states all run into the same smelters at Pueblo and Kansas City. They come into immediate and direct com­petition, and the result is, as was shown when the proposed con­struction of the law was in operation, before the passage of the McKinley law, that the inundation of ore from Mexico had the abmlute effect of closing down the silver-lead mines of the West.

Now, mind you, gentlemen, silver is produced almost uni­versally in connection with lead. Wherever you find a low­grade mine-and the great mass of the mines are low grade­this will stop not only the production of the lead but the pro­duction of the silver in those mines.

I have a statement prepared a short time ago and presented at the recent silver convention by .Mr Brown of Colorado, a mining engineer of large experience, which statement I desire to print in the RECORD with my remarks. It shows conclusively that in

the production of silver, it costs about 87 cents an ounce to pro­duce it. Reduce the price of lead below $4, and there is not a silver-lead mine of low grade in ihe ent1re West that can operate. These are absolute facts. There is no question about them.

Under the construction of the law that existed before the Mc­Kinley bill was passed, a construction that was adopted by the Secretary of the Treasury and which was corrected by that bill, the effect had been most ruinous to the mining interests of the W est, almost entirely suspending the production of low-grade mines. The same result will follow if this bill should ever be­come a law.

Now, who are benefited by this proposed change? There is not a single solitary miner in the West who wants it. The only men interested are the large smelters who have lead mines in Mexico, who desire to bring in Mexican ore for the purpose of smelting it in the United States. It is alleged in the report, I see, that this lead is needed for the smelting of dry ores. If gentlemen know anything about the question they know that is not true. The price of smelting is not fixed upon dry ore by the lead smelters. The copper smelters that use the dry ores ex­clusively and do not use the lead ores control the prl.ce, so that it is almost universal at $5 a ton.

Mr. LANHAM. Is it not a fact that since the imposition of this tariff upon silver-lead ora, smelting charges have been in­creased to the extent of $8 perton?

Mr. TOWNSEND. I would res-pectfully say that I have sold a good deal of ore myself of this character; and I can state from my own personal experience that it is not the case.

Mr. LANHAM. I think it is true with reference to smelting on the Rio Grande, and that evidence could be produced which would show it to be so.

Mr. BUCHANAN of New Jersey. But the gentleman from Colorado knows from -personal experienc9 whether it is so or not, and he says it is not.

Mr. TOWNSEND. I state that the effect, and the only effect, of this bill is in the interest of the large smelters, who are in­terested in Mexican mines. There can be no effect. except to benefit those smelters, and it means the absolute ruin and de­struction of a large proportion of the mining interests of the West. ·

The SPEAKER pro tempore. The time of the gentleman has expired.

Mr. TOWNSEND. I desire , in connection with my statement, to publish in the RECORD the document which I stated I would make a part of my remarks, with reference to the price of sil­ver.

The SPEAKER pro tempore. If there be no objection leave will be granted.

There was no objection. The statement referrad to by Mr. TOWNSEND is as follows:

One tbing that has injured the cause of silver as much as any other is a statement that has emanated !rom the Treasury Department, stating that the cost of production of silver is but 51.1 cents per ounce, and the published statements by the monometallistic press, that in Bolivia and other far-of! countries, they can produce silver at fabulously low prices. The statem ents have created an impression that the silver-miner is attempting to press for­ward the silver legislation for the purpose of per sonal profit in a business which already, from these reports, has indicated a present great profit on the prices now obtained.

I have mined and sold about 40,000 tons of silver ore. I had the good for­tune or sagacity to open up the first J?aying mine on SmugglertMountain, at Aspen, in Colorado, at the foot of which mountain lies the " Mollie Gibson" mine, the producer of the richest silver ore in the known world. I have tried to make money for the mines I have managed, and succeeded by close econ­omy in making them pay at t1mes. The figures p1·esented by the Treasury otncia.ls startled me a little, and I have made some investigations that may be interesting.

I first carefully went over my papers, at a time when one of the mines I had managed paid the best, and found the following to be the result: The average assay of the ore mined was 37.2 ounces of silver per ton, and the average price of silver for the year was $1 per ounce (while the averages in 1886 and 1887 were a fraction below that amount, the average or sales made by me hardly vary a tenth or a cent from $1).

The smelters deduct 5 per cent for loss in smelting, and there was an aver­age of 6 per cent more of moisture or water in the rocks.

So that a ton of ore with 37.2 ounces of silver was worth $33.4.8. I paid $1 per ton to haul the ore to the railroad at the foot of the moun·

tain. I also paid !8 per ton to the railroad to haul the ore to the smelters. and the smelters charged $10 per ton to smelt the ore. It also cost$1 per ton to sample and to determine value of the ore, or in round numbers $20 pet: ton come off of the gross value for these necessary costs, leaving me a sum of $13.48 to collect !rom the smelter over and above those necessary expenses I have carefully estimated the cost of mining, timber, pumping water, and hoisting the ore, with the necessary advance dl'ifts incident to the mining of silver ore, and extracting the sa.me, and I find it costs $7.26 per ton to a mine to place each ton of ore at the collar of a shaft. It figures much more with a narrow streak, and less in large masses, but the excessive cost of timber and back-filling to prevent crushing grounds from closing drifts makes the latter dabs of mining run n ear the a:7 mark, while some silver ore actually costs $25 to $50 per ton to extract. owing to the small pay streak and the necessity of moving much waste to get the valuable ores.

However, I deducted the $7.25, which are correct figures, from the $13.48 and it left $6.22 profit to the owners of the mine. I mined about 1,000 tons per month and paid dividends of $6,250 per month on an investment of about $500 000 Since t.hat t1me tbe owners of that mine have lost the full amount of that "profit, and if silver would be figured at 87 the mine never would have

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1892. . CONGRESSIONAL RECORD-HOUSE. 5909 pald a dollar, a.nd the $125,000 that had been expended in opening up the property and placing machinery would have been a. total loss.

In the aoove figures it would appear that it cost nearly 86 cents per ounce to produce silver from a mine already opened up, a.Ild in the best possible co11dition. I know that not a dollar was wasted, a.nd that everything was being done possible to make money.

The Aspen Mining and Smelting Company last year, under careful man­agement, produced silver at a cost of 88 cents per ounce, and this month have commenced to shut down, as they would be losing money to continue.

Aspen is the richest silver-mining camp in the world. It produced one­sixth or the silver of the United States last year, and _Qver one-third of Colo­rado's production, and has two bonanza mines that •sibly could beat the figures I have given, but it would be as unfair to make a statement that the cost of producing silver should be based on "bonanza" figures as it would be to assert that all men in New York make a. $1,000 a. day because one fortu­nate citizen picked up a $1,000 bond from the gutter. The "Mollie Gibson" mine, the richest in the world, onlyproduced2,071,000ounceslastyea.r. Such richness does not exist in nature for anylengthoftime, anddeductionsmade !rom such a basis would be deceiving and ridiculous.

Because you fortunately catch a tub of water from off your housetops free, should you demand the water works charge nothing for their services. It is an average that should be taken, and I have compiled figures on the

production or metaillerous mines in the State or Colorado during 1891. I have only added in this statement the result in case of mines that have shipped ore and have left out the prospectors and tenderfoot miner who wastes his money on barren holes.

Last year the State of Colorado produced $33,548,934 worth of gold, silver, copper, and lead, in which were 23,102,355 ounces of silver.

'l'here are a few gold mines in Colorado, but most of the gold, copper, and lead are in conjunction with silver ore, so that a stoppage of om: silver mines would stop the productions or the other metals.

I found that 15,071 men worked in the mines that extricated this metal, that they were paid$14,502,645 for their labor. Three thousand four himdred and five men worked in the smelters and refineries, receiving $3,028,475 for their labor.

Over 1,000 teamsters hauled ore from and supplies to the mines, who were paid (estimated) $720,000.

There are three railroads in Colorado built for the purpose of supplying the metaillerous mines and hauling the ore therefrom to the smelters.

They pay each month $375,000 to their employlis, and I estimate that two­thirds of the business is in connection with this industry, and . therefore charge $3,000,000 as labor on the railroads in connection with the mines.

This makes a sum of $21,251,120 that was paid to about 23,000 laboring men in Colorado that received employment directly from the producing mines of precious metals.

The producing mines used $6,876~ worth of timber, powder, and other supplies dUring the year, and over i!i5w,OOO worth of fluxing rock were used by the smelters, as well as $3,600,000 worth of fuel and other supplies.

Altogether it cost $32,227,355 to produce this $33,548,934, and the silver was figured at 99 cents per ounce. At87cents per ounce the product should have amounted to $30,776,652, and would show an absolute loss of $1,440,703 in its production.

As it was, it barely cleared 3 per cent on the investment of over $50,000,000 in the mines and smelters in Colorado.

It shows that it cost about 93 cents per ounce to produce the silver mined in Colorado last year, only counting producing mines.

If the time and money of thousands of prospectors and the hund1·eds of thousands of dollars of money lost in silver mining that was not judiciously expended is taken into the account, I am safe in saying that the silver in a dollar more nearly represents the value of a dollar's worth of labor than any token that could be devised.

A silver dollar really represents its face value in labor. The speculations in the hope of "bonanza" ground is the only thing that

induces men to continue silver mining in nine cases out of ten. With silver at 87 not over ten mines in Colorado would pay dividends.

In Australia. the Government pays $500,000 per year to prospectors to assist them in preliminary work, but in this country the business of mining is mis­represented and systematically robbed by the Government.

On further investigation Itind the figures obtained by Mr. Leach, the Di­rector of the Mint, were those furnished by the Broken Hill proprietaries of Australia in a pamphlet that they had issued with the hope of selling stock in London. This property is now managed by a former Aspen man, and it is a. well-known fact among mining men that its production has passed its zenith.

This pamphlet was issued for the purpose of booming that stock, and was a misrepresentation in so far as it did not include the necessary development expenses, which naturally accompany silver mining. It would be unfair to accept that, as it would be to accept the booming articles which are fre­quently given on new mining camps. It is remarkable to me that the great Government of the United States, producing nearly one-half of the silver of the world, having the greatest silver mines and the best silver miners in the known world, should accept a statement emanating from an English source upon such a vital matter. It is but the following out of our financier's ideas, accepting English statements and views against the interests of America.

Mr. Leech could have obtained reliable information in regard to the costs of producing silver from the great State of Colorado, if the Treasury or he had requested it, and it is unfair to the industry to be thus misrepresented.

The antagonism of the Administration to silver has brought on a crisis in the affairs of Colorado and our great mining States. It is needless for us as politicians to attempt to hold the laboring classes a.nd the public to parties that they feel are robbing them of their bread. We call a halt on these mis­representations; we demand that the people of the United States investi­gate the truth in regard to the silver question.

All nations have grown great and prosperous when their mining industry was successful, and the decline of mining has marked the fall of the power of every nation since history began. It by ill-advised laws we stop the mining of silver, we cut off three-fourths of the production of gold in this country, we stop the production of one-half of the lead, one-third of the cop­per, and by that prevent the making of at least $150,000,000 increased wealth each year; we make useless another $150,000,000 of plants for the production of this wealth, throw out of employment hundreds of thousands of men, and start our country on that road to ruin which has become the history of all nations in the past.

I hope that the public will see things as they are, and not be governed by those narrow-minded capitalists and seekers after places that follow on in the wake or the present Administration.

I am a Republican, but when the living of my family is at issue, politics soon become a dead letter.

ED. F. BROWNE, M. E. , Aspen, Colo.

(A director of the State School of Mines of the State of Colorado.)

Mr. REED. I yield to the gentleman from Idaho lMr. SWEET]. M\'. SWEET, Mr. Speaker~ to the extent that this discussion

involves the presentation of statistics it will doubtless fail to in­terest many members of the House. For this reason I shall deal as sparingly in figures and tables as possible, calling your atten­tion only to such important data as is necessary to make clear the great issue raised by the bill nnder consideration. But if I mistake not, some facts and figures will be presented that will astonish the members of this body-facts thatatonceopenanew field for membera who seem to have unbounded ambition to dis­tinguish themselves as investigators, and whose chief occupation is to walk the highways and byways of politics, guided by the lamp of their own party purity, seeking an honest man. To such gentlemen a new field is presented, and it is rich with the possi­bilities of political scalps.

The provision of the bill is as follows: "Lead· ore and lead dross, It cents per pound: Providecl, That all ores carrying silver and lead at the same time, except silver ores containing lead, shall pay a duty of H cents per pound on the lead contained therein according to the sample and a3say at the port of entry: And p?·ovidedju?·ther, That ores containing silver and lead, in which the value of the silver contents shall be greater than the value of the lead contents according to sample and assay at the port of entry, shall be considered silver ores, and as such shall be exempt from duty."

NATURE OF THE BILL.

This is simply a fr .:le-lead bilL IE it provided for the admis­sion of all lead free of duty it would be less objectionable, be­cause its true character would be written upon its face, while its meaning would be tp.e same. We have had this law in prac­tical operation before. The Treasury Department once held that if the silver contents of a t<>n of ore exceeded in value the lead contents thereof such ton of ore should be admitted free of duty as silver ore. ·

The silver-lead miners of the West will not be deceived by this provision in tbe present bill. It is simply an effort, first, for free lead; and second, to have this House declare for future use that no imporb duty shall b3 placed upon lead, provided the ton of ore sought to be admitted shall be more valuable for the silver it contains than for its lead contents. This is the identi­cal proposition with which our miners were obliged to contend prior to the pas~age of the McKinley bill.

FRAUDULE!TT PRACTICES.

It gave birth to the most audacious syst9m of swindling ever practiced against the ravenue laws of the United States. Hai th3 conspiracy to violate the law, so successfully executed, been practiced by a combination less in numbers and weaker in wealth than the great lead trust of the United States, the offenders would have been in the penitentiary long ago.

Let us see to whatextentlead ore was shipped across the Mexi­can border when the law now asked for was in force. The facts were fully ascertained and submitted to the late Secretary Win­dom, and I borrow certain statements from that source.

I first call attention to the affidavit made by ex-Gov~rnor Grant, of Colorado, at the hearing referred to. The affiant is widely known as a business man of high standin~, now at the head of the greatest reduction and refining works rn the world, and as well, a man having a thoroughly scientific training in metallurgy. In this affidavit Governor Grant said:

The Omaha and Grant Smelting and Refining Company is now, and dur~ the past year has been, buying ores from Mexico. in which, as figured and paid for by the purchaser, the value of the lead contents exceeds the value of the silver contents, and to the best of my knowledge and belief such ores came into the United States free of duty.

J. B. GRANT. Subscribed and sworn to before me, at Washington, D.' C., this 15th day or

May, 1889. [SEAL.] GOODWIN T. ATLEE,

Notary Public.

Governor Grant's statement is sustained by the affidavit of John Tierman. Mr. Tierman is a practical miner and an honest man. He is considered an expert touching the matters relative to which he speaks, and no man will undertake to contradict what he says. In behalf of the silver-lead miners of the West, as well as in his own interest, he vistted the Mexican frontier to learn, if possible, how so much Mexican ore found its way into the United States, and why so little of the import duty that ought to be collected thereon found its way ink> the Treasury. Mr. Tierman's statement is clear, ~traightforward, and compre­hensive. It is as follows:

AFFIDAVIT OF JOHN TIERMAN.

DISTRICT OF COLUMBIA, City of TVashington, ss: John Tierman, being duly sworn, says : On the lOth day of this month I

visited the smelting works of the Mexican Ore Company at El Paso, Tex. I found these works employing principally Mexican labor, at daily wages rang­ing from 50 cents to $1 per day. I was informed that these Mexican lahorers were from the interior of Mexico; that they were by arrangement of the Mexican Ore Company aforesaid brought to Paso del Norte, just across the

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5910 OONGRESSIONAL RECORD-HOUSE. JULY 8,

;iver from El Paso, a.n.d that when they were needed at El Paso word was Mnt to Paso ilel Norte tha.t men could get employment at ~1 J?aso. In this way foreign labor was brought in by evading the law prohlbiting it to be so brought under contract.

!found the Mexican Ore Company running five large stacks, reducing 40!) tons of ore per day. Three-fourths of this ore is lead ore, imported from Mexico.

I visited the car ya.rd., near the part1ally abandoned sampling works of the Mexican Ore Company, at El Paso. Here I found from seventy-five tq one hundred cars loaded With ores awaiting to be released by the United States custom-house omeers. I took samples of ores from twenty cars or so; all of these were cars belonging to the Mexican Central Railway Company, and were so marked; they contained ores being imported from Mexico. The samples so taken I placed in a box and shipped by express to Washington. I have sincereceived these samples from the express company, still inclosed in the original packages; have had them assayed by the United States as· sayers, Fristoe and Lawver, and attached here\i<) their ~rtificate of assay, marked "Exhibit A," and made a part of this a:lll.davit.

The sample I delivered to them tor assay was a. bout one-halt of the sample taken by me at El Paso, as before described, and wa.s not in any way chosen or selected from the sample. From the certificate it will be seen that the lead contents or the ore, valued a.t the lowest New York price tor lead during a year last past, viz, at $3,60 per cwt., exceeds the silver value computed at the highest New York price therefor during the past year.

The agent in charge of the Mexican Ore Company's cars so held by the cus· tom-house authorit-ies and of the yard in which the cars were so detained in· formed me that from fift.y to one hundred cars of Mexican ore were received at El Paso daily; that about three years ago there were only from twenty to thirty cars per day of like ore received, and that the shipments have been steadily increasing up to the present time.

A newspaper printed at El Paso, of which I have given a copy to the Assist­ant Secretary of the Treasury, states the o1·e receipts at El Paso for the week ending May 11 as 3,221 tons.

I was informed by a man who was formerly a clerk in the custom-house at ElPaso that to his knowledge only one lot or ore belonging to the Mexican Ore COmpany ever paid any duty. In this case the ore was shipped back into Mexico, the duty refunded, less 10 per cent, and the same ore shipped back under another :qame and admitted free or duty.

One lot of ore shipped by the Mexican Ore Company to El Paso was re­ported as sampled and assayed by Government assayers. The assay made the ore carry about 40 per cent of lead and run high in silver. An employe of the custom-house who had his doubts abouts the assay being correct took a sample of the same ore, pulverized and divided it, retained one part, a.n.d sent the other part to an assayer in a distant town, With a request for an assay of the most careful kind, as the sa.mple represented the ore of a mine in which he was thinking of purchasing an interest. The returns received by him showed 20 per cent more lead than the Government assay and 25 ounces less silver per ton. The assayer advised him to have nothing to do with the mine, as he could not bring in the ore without paying duty on it. He then sent the remaining portion to two assayers, who corroborated the results obtained on his first sample. Thus the false assay returned to the custom-house brought in free of duty a lot of ore which wa.s properly sub­ject to duty even under the present ruling.

The manner of taking samples by the Government assayer is what is called a "grab" or "hand sample "-i. e., taking a handful of ore from each car. Thi&'is an unfair and deceptive method of sampling and does not give average results; because, in the first place, the motion of the cars in which the ore is shipped tends to settle the heaviest ores to the bottom, and, sec· ondly, no fair ayerage sample can be taken Without crushing and dividing the ore. Sampling works should be established at all ports at which ores are imported; the cargoes, whether on cars or on ships, unloaded, and one­fourth at least of each carload or cargo set apart as a sample. It moved by shovels it should be every fourth shovel; if in sacks, every one-fourth sack, etc.

.TORN TIERMAN. Sworn.

As to the method adopted at Eagle Pass, Tex. (one of the points at which a custom-house is located), to ascertain the lead and silver contents of ores imported into the United States while the law now contemplated was in force, I submit the following from the then collector at that place:

CUSTOM-HOUSE, EAGLE PASS, TEX., COLLECTOR'S OFFICE, January 12, 1889.

Sm: I have the honor to acknowledge the receipt of your instructions of December 31, 1888, inclosing communication of Hons. W. M;;STEW.A..RT, G. G. VEST, andhA. P. GoRMAN, concerning lead ore mixed With suv:er, and inquir­ing as to the mode adopted in samplin~ and testing this ore, and whether any diftl.culties are encountered in ascertaming its proper classification at this om.ce. It has been the practice at this port to obtain a number of assays of ore of this character upon the opening of each new mine in Mexico intend· ing shipments through Eagle Pass into the United States.

In some instances the assays were made by the United States mint at Philadelphia, but arechieflyfurnished by different smeltingworks in Mexico or El Paso. There are no practical assayers nor smelting works in Eagle Pass. It is upon the certificate of assays as supplied from these smelters that ores of lead and silver combined have been classified at this port. Ibeg leave also to say that while this mode of ascertaining the value of the ore shipped is the best this omce has been enabled to command, 1t is far from be­ing a fair test of the ore, and I do not hesitate to say I believe frequentlY there are shipments of ore made as silver ore which upon a more accurate test would cla.ss as lead. Without an assay of each car of this ore, however, this om.ce is unable to detect the fraud or suggest a remedy for it.

I have the honor to be, very respectfully, E. D. LIME, Oollecto1'.

Hon. C. S. F .AIRCHILD, Secretary of the Treasury, Washington, JJ. 0.

These illustrations might be continued, quoting from reliable sourc3s, for an indefinite time, and to the extent of enormous space in the RECORD; but I do not deem it necessary. However, after the passage of the McKinley bill these unscrupulous vio­lations of law were continued, even to the extent of bringing in tons of lead free of all duty by calling itsilver.

THE EXPOSE.

The Utah Association, through.itspresident, Mr. W. F. James, sent men to the Mexican frontier for the purpose of learning the

movements of the lead trust down to its closest details. A l'e­liable man was employed, sent to the ground, and "the followin(7' correspondence will explain the result of his investigations: ""

EL PASO, TEX., Jfay 21., 1891. DEAR Sm: Aft~r a good deal of trouble and delay I hereWith inclose you

my report of 'the amount or ores imported from Mexico. I inclose you also ~copy of a letter from Mr. Woodside, the custom agent of the Mexican Cen· tral Railway Company, which can be tully relied upon. I also inclose copy of statement from the collector or customs' omoo in this city, and on com-parison you Will dis er quite a large diiterence between those statements. I think that that of . Woodside can be proven to be the nearest correct as to the tonnage.

I inclose you herewith also the actual number or carloads of ore that has been crossed over the river at this point for the past six months, commenc­ing November 1, 1890, to April 30, 1891; this will, I think, prove Mr. Wood· side's statement to be nearlY correct.

All statements made by me in this report I will produce evidence for, U you desire to take the matter to the proper Department of the United States Government, as the most of my information I obtained from the inspectors in the customs department of this city; men whom I know to be both honest and true.

To call these irreg11larities by their right names, I should say the custom o:lll.cials at this place and the customs department in El Paso is rotten to the core. There is, in my opinion, more stealing and "standing in" going on here than in any port or entry of the United States.

However, I will let the racts as I state them speak tor themselves. I am truly yours,

WILLIAM F. JAMES;, Esq., President t:ialt Lake Oitv.

H. L. DETWILER.

Mr. Detwilet· first produces the 1ettar mentioned from Mr. Woodside:

EL P.A.so, TEX., May19, 1891. DE.A..R Sm: In answer to your request, I beg to advise you that the ship­

ment of ore from Mexico to the United States by way of this port, as shown by the records of the customs depa.rtment, have exceeded 5,000 tons 'per month during the two years last past.

Yours, truly, T. J. WOODSIDE, Oustom,s Agent.

H. L. DETWILER, Esq., El Paso. Tex.

Then follows Mr. Detwiler's report as to the manner in which business was at that time conducted at El Paso, and the methods employed by which the Government was swindled out of its just dues, and American miners deprived of the benefits which the enactment of the law and the ruling of the Department was in­tended to afford. The report is clear in its statements and suffi­ciently definite in its details to have caused the arrest of the collector and his crew. Here it is in f,ull:

REPORT.

First. The Government assayer at this place (El Paso) is a. man by the name or Brugeman, and he has tor an assistant a Mexican laborer by the name of Madrid.

Second. Mr. Brugeman does not examine the ore th..1.t is sent from Mexico himself, neither does he take the samples .

Third. The Mexican {Madrid) does all the sampling, and I a.m informed by good authority that he draws a small salary trom the Mexican Ore Com­pany of this city, as well as the salary he receives from the Government.

Fourth. There is absolutely no check in the custom-house against the fig. ures of assays made by tile assayer, and he can put any valuation on the ore and rate it either as lead or silver, as he may <:boose to do.

Fifth. The only record that is kept in the custom-house of ores imported ils a small blank book Without page numbers. In this book is kept only the number of cars in which the ore comes over the river, and an entire leaf of that book can easily be removed Without it being discovered.

Sixth. It frequently occurs that the manifests for whole shipments of a day are lost or made way With; in such cases it is only fair to presume that it is purposely done.

Seventh. Sometime between the 8th and lOth of this month (May, 1891) the manifests tor a shipment of twenty cars of ore were picked up in the streets of El Paso and returned to Mr. Woodside, the Mexican Central Railway cus· toms agent, who had. once before delivered them to the United States inspec­tor, and the inspector had delivered them at the custom-house on May 1, 1891. Mr. Woodside gave them to the inspector the second time, and he went again with them to the custom-house and asked the deputy collector, to Whom he had delivered them on May 1, regarding this shipment, and he could find no record of the shipment on that or any other date whatever.

Eighth. Mr. Brugeman frequently has cars of ore tran..,ferred from one car to another without an inspector being present, and then transfers them back and forth over the river into Mexico and returned. This is known to have occurred as often as four times with a single car.

Ninth. Mr. Brugeman has been absent as long as four days on a land spec­ulating trip, in company with the collector and his deputy, during which time as many as sixty cars of ore were passed and examined by his Mexican laborer, who went through the torm of sampling and assaying them and they were thus passed.

Tenth. One carload onead bullion wassenttothis, theAmericansideot the rlver, and was manifested as lead bullion, but on account o:t theheavydut-ies on it, it was sent back into Mexico and the manifest changed to read silver bullion. It was then returned in the same car and allowed to pass as silver bullion by the express order or the collector. The inspector informs me that it was lead bullion, and that the weights had been so changed by the assayer that it was admltted as silver bullion.

Eleventh. The inspector has several Wlitten orders in his possession from the collector admitting not only ores, but other merchandise, of which no account was taken or ~xaminations made by either the inspector or assayer.

Twelfth. All the sampling is done by the Mexican laborer referred to, and the samples are taken from the tops of the heaps. As the ore is loaded in the cars in Mexico, bauled from 600 to 800 miles, the heavy ore naturally working itself to the bottom of the car during this long railway- haul, it is impossible to obtain a fa.ir sa'mple in any such manner.

Thirteenth. The Mexican (Madrid) informs me that the a sayer (Mr. Brugeman) sells the ore that is left in his possession from the samples taken from the cars, a part of which only is used in making the assays. He also

I

·~

1892. CONGRESSIONAL RECORD-'HOUSE. 5911 stated that a.s much as six ton&werE)aoldbyhiminApril, 1891, forMr. Bruge- than that furnished in the affidavit presented by Mr. James to til,an to the Mexican Ore Company of this clcy. Respectfully submitted. the Secretary of the Treasury at the hearing referred to in 1889.

H. L. DETWILER. Mr. James said: To Wilt. F. J.A.MES, President, SaU Lfike City.

The following tables show conclusively the stupendous pro­portions of this steal.

First, attention is called to the table showing the imports from Mexico from July 1, 1889, to May 1, 1891. It is as follows:

Statement of p1·incipal imports into t{l,e custorns district of Paso del Norte f1·om July 1, 1889, to May 1, 1891.

Number. Pounds. Value.

~~I11~~~ad, and copper ore ________ ----------- ---------- 55,508,069 $8,776,920 Gold _____________ ------- ____ ---------- ____ ---------- ____ ____ ____ 1,391, 358

Co~:ilver ---- ____ ____ ____ ____ ____ __ ____ ____ ____ ____ __ ____ __ ____ __ ____ 3, 713,284

Gold _________ ·--- ____ ------------------ ____ __ ____ ____ __ ____ __ ____ 279,900 Mexican silver dollars ____ -------- ________ ---------- ________ --- · 13,893, 176

Unmanufactured tobacco _____________________ ---------- 23,355 10.741 Grapes and oranges ___________________________ ---------------------- 50,179

~~!~iocli:::::::::::_-::::::::::::: :::::::::::: ---24~ 342- ============ ____ -~~~~-~~ I hereby certify to the correctness of the above statement. [SEAL.] A. A. DUEBELL,

Special IJeputy Collector. A true copy.

H. L. DETWILER.

The statementma.de by Mr. Woodside shows that more ore was imported, by more than a thousand tons, in the six months begin­ning with November, 1890, and ending with April, 1891, than are reported by the collector as having been imported during twenty­two months, inclusive of the six months above specified:

EL PASO, TEx., .May 21, 1891. ;llelow you will find the a<Jtual number of cars of ore that has been shipped

into this port from Mexico for the six months last past-fro~ November 1 1890, to April 30, 1891. By comparing this with a copy of Mr. Woodside's letter you will find the latter's estimate very nearly correct. The cars are rated as carrying only 12 tons each, whicJ:l is a very low estimate of tonnage, for as a rule they load from 15 to 17 tons m a car.

Then by comparing ]t with the copy of the statement as furnished me by the collector, and certified under the custom-house seal, for the past twenty-two months, you will very readily discover the difference. '

Respectfully, H. L. DETWILER.

WILLI.A.l\1 F. JAMES, Esq., President, Salt Lake City.

Months. I C Tons Total ars. per car. tons.

1890. November-------------------------------------- __ ----____ 508 December ------ ______ ------------------------------------ 458

1891. January-----_-- --------------------------________________ 419 February------------------------------------------------- 346 March ---------------- __ ---- ________ -------- ____ ____ __ ____ 364 April ______ ---- ______ -------- ____________________ ------- __ . 333

12 6,096 12 5,496

12 5,028 12 4,152 12 4,368 12 3, 996

TotaL _____ ------------------------- ____ --------____ __ ____ ____ _____ 29, 136 The collector only shows 27, 754rl!ij tons for twenty-two months last

past __ ---- ______ --- _ ------- _ --- _ -------- ______________________ ----- _ ____ _ 27,754 ---Ditierence. ____________ ---- ·--- ________ ------------ ____ ____ ___ _ __ ____ 1, 38"2

The 27,754 tons above deducted represent the 55,508,069 pounds of silver, lead, and copper ores referred to by the collector, re­duced to. tons.

This, I trust, makes clear the remarkably bold but evident wickedness with which the lead trust evaded and defied the law under the system of basing a duty upon the preponderance of value of the metal contained in the .ore. And this is the system again sought to be introduced byfrevenue reformers!

It is impossible to prevent swindling under this method. The lead trust might exclaim, with Lord Clive, "Considering our opportunities, you should be astonished at our moderation!"

The facts herein recited were laid before the President and the collector at El Paso was at once dismissed the service. 'The offer of our mine-workers to prosecute the unfaithful officers en­gaged in this nefarious business was not accepted by the Govern­ment, although the evidence of guilt was tendered.

Just how the business is conducted at this time I am unable to say, but upon the showing made the faithless officers were re­moved.

.A WRONG PRINCIPLE.

But .the sysf-:em. of .classilication proposed in the bill is erroneous on busmess prm01ples. No more perfect illustration can be given

. 'l'o show how defective a classification by values would be, take the follow­mg example of ores sold on the market here in Utah, which are of the same class as those shipped from Mexico (vide statement of Governor Grant): Horn silver, lot 60, 194,824 pounds, sold July 11, 1889:

~;~1-~~2~ ro~~~~· ;;J::f :t:=========~============~=============~ ~: ~ At the date of sale, the lot, under the rule, was lead ore by________ . 86 If lead had been 10 cents per cwt. less the ore would then have

been silver ore, 861 pounds net, at 10 cents per cwt., less 10 per eent==l£0.861; silver by _______________ --------____________ ___________ . 07

Lot sold June 26, 1889 (horn silver): L~ad, 49 per cent=980 pounds. Less 10 per cent 882,at2} cents __ 22.05 Silver, 2i. 0'2 ounces .... ________________________ ·-----------___________ 2J. 15

New'York price of lead.$!; lead ore by-----~---- ------------------ . 00 At present price, July 16, y-i...z, ~. 85; sil>er ore by ______ __ --------- . ~

Calumet, 214,067 pound~; sold July 12,1889, New York lead----------- 3. 90

Lea.d,49.90 per cent=998 pounds, les;, 10 per cent=898.2; value _______ 21.55 Silver, 24.74 ounces. Deduct 5 per cent loss ana 3 cents off New York price. ______ --- ___ ----. _____ ______ __ -----_---- ________ ------______________ 21. 65

At date sold, under Treasury rule, silver by____________________________ .10 With lead at $3.95 per cwt., lead ore by--------------------------------- . 35 Calumet, lot 12, 201 ,528 pounds, sold July 12, 1889, lead, New York_____ 3. SO

45.15 per cent lead=903 pounds, less 10 per cent loss=812 7, at I cent_ 20.31 Silver, 23.81 ounces, with deductions------- ------------ ----------------- 20.84

At date of sale sllver ore by ____________ -------------- ____ --------________ . 53 At New York price, $4 per cwt., lead by_-------------------------------- . 28 Calumet, lot 13, 209,531 pounds, sold July 12, New York lead---------- 3. 90

Lead, 44.75 per cent =895 po~ds, less 10 per cent, loss =806 pounds at 2.4 cents _____ ---- ________________________ -----_____ ------________________ 19. 34 Silver, 22.73 ounces, with deductions--------------------------------____ 19.00

At date of sale silver ore by------ ____________ ---------- ____ -- --------____ . 56 With lead at New York, $4 per cwt, lead ore by------------------------ .24G

These balanced values of lead and silver are but examples of which scores could be given. They show that under the Treasury rule there would be no telling from day to day whether the imports were lead ore or silve1· ore.

The above is not imaginary. This statement in itself demon­strates that no man can for amomententertain the classification proposed by this bi U as a business proposition. A business man is entitled to know something as to the status given by law to the product he handles; and this bill would by law neutralize if not destroy, his judgment as a· miner of or dealer in lead i~ any form, unless inside the trust.

This plan has been tried and found ' wanting; and, with due re­spect to the author of the measure, it is not, in my opinion, good judgment or good politics to seek a return to a system that from its beginning has begotten corruption, fraud, and reckle s vio-lation of law. '

WH.A.T THE BILL .ACTUALLY MEANS.

What, then, does this proposed change mean? It is estimated that between the years 1883 -and 1889 the sum of $8,000 000 was saved to the importers of lead by swindling the Govern~ent out of the duty that should have been paid on thes3 .ores.

It is also estimated that in 1~89 the membera of the lend com­bination made the handsome sum of about$7,000,000 based upon the too common practice of stealing from UncleS~.

HERE ARE THE FIGURES.

Lead imported free of duty, 33,000 tons. Duty" saved" to the lead trust, but lost to the people, $1,320,000.

The total consumption of lead in the United States in1889was 188,000 tons. Manufactured int-o white lead, about 130 000 tons. By throwing 33,000 tons of imported ore upon the m~rket the price of lead was forced down $15 per ton. We produced that year 155,000 tons, and the $15 per ton which the American miner los~ yielded to the trust. not far from. $3,?25,000. By manipu­latmg the lead market th1s great combmatwn reduc~d the price of lead to an average in 1889 of $3.80 per cwt., and in 1890 to $3.84 per cwt. At the same tirrie these gentlemen, who ao-ain ask for free lead, in~reased th~ price of white lead $25.90°per ton. The profit on this transactwn was, as nearly as can be estimated, $3,367,000. No wonder theEe gentlemen long for free tra.de in lead once more; less wonder that an American miner objects to it, and still greater wonder if American consumers, who were robbed of nearly three and a half millions of dollars in one year, shoul~ freely c!>nsent to!!' retu.;n of those ~almy ... days when, in all thmgsrelating to their busmess, the lead trusu was supreme.

'.

5912 CONGRESSIONAL RECORD-HOUSE. ;JULY 8,

The following table illustrates the marg-ins in lead spoken of: Price of white lead in oil in New York Ciiy.

Average price. Mar-ginal Year.

Wti~i{ad Pig lead. ~;~:-

1887--------------- ~ --- -----------------------------­lesB- ------------ ------------------------------------1889_---------------------- -------- ---------- -- -- ----1890_ ------------------- - ----------------------------

$5. 83 6.25 7.00 7.25

$4.47 4.41 3.80 3.S4

$1.36 1. Si 3.20 3. 41

That increase in price affected every man in the United States who had a house or barn to paint or premises to beautify. It was simply a tax levied by a trust upon a helpless people. This vower to tax was taken from that combination by a protective tar­iff which brought competition at home. And now, Mr. Speaker, in the name of tariff reform, the Democratic party seeks tore­store this power to the combination, against which the producera and consumers alike protest.

It is the restoration of these profits that the present bill would bring about, and naturally the same old reduction in the price of our lead, with following higher prices to the consumer of white lead and other manufactured articles. · ·

TWO BIRDS WITH ONE STONE.

Another inducement to the Americans who are mining in Mex­ico to obtain the admission of Mexican ores free of duty is that the Mexican Government imp03es a tax of 4 percent on bullion. By reducing the ores on the American side the Mexican Govern­ment would lose this revenue and the Mexican miner ~:ave it. Thus it will be seen that the astute gentlemen of which the lead trust is composed have been dodging the tax levied by Mexico on bullion, and at the same time gliding past the American duty on lead. The treasury department of Mexico having protested against this method of robbing the Government, and the Amer­ican miner having hunted these foxy manipulators to their lairs, they now seek the privilege of carrying on their schemes of plunder in accordance with law.

You will observe that the bill does not provide for free trade in manufactured articles.

THE QUESTION OF WAGES.

I will not detain the House to present the various objects and purposes of levying a protective tariff. But one purpose is to enable the employer to pay better wages in all cases wherein American labor comes in competition with the cheaper lab~r of other countries. In no case is this phase of the tariff issue better illustrated than in considering the question now under discus­sion. The average wages paid in our inter-mountain country to miners is $3 per day.

The following affidavit, made by a man whose knowledge and integrity can not be questioned, demonstrates the exact differ­ence in the cost of producing a ton of lead in Utah and a ton of lead in Mexico, based upon the difference in the cost of labor alone: TERRITORY OF UTAH, County of Salt Lake, ss:

Richard Mackintosh, of lawful age, being first duly sworn, dep.oses and says, for many years I have been. engaged in mining mineral ores and run­ning sa.m:pling mills for sampling the same. I am familiar with the ores of Utah, Nevada • ., Idaho, and Montana, and know their character and their de­sirability for use in smelting furnaces, to aid in reducing so-called dry ores, by which is m eant ores containing silver and not enough lead to reduce the silver. The lead ores of the States and T erritories above named, whether they are carbonate ores or sulphide (~a!ena) ores, are fine fluxing ores, the chief di1Ierence being that the sulphide ores are often roasted to drive o1! the sulphur before they are put in the smel ting furnace, while the carbonate ores are put directly in the furnaces. Very generally the sulphide ores of lead conta.in an admixture of sulphide of iron (iron pyrites), and the roast­ing changes that sulphide of iron into oxide of iron., making a most desirable ore for smelting and for reducing so-called dry ores.

There are in the various mining districts of the States and Territories above named many developed and undeveloped mines containing large quantities of both carbonate and sulphide lead ores, high in lead but of low or medium grade in silver; these ores are excellent fluxing ores for r educing dry silver ores, and are as l?Ood as the ores imported from Mexico for that purpose. Many of these mmes can not be profitably worked when the price of lead is low, while with the price or lead assured at $4.50 per hundred-weight, or over, they could produce hundreds of thousands of tons yearly of the best fluxing lea.d ores. The chief reason, and so far as I know the only reason, we can not in the inter-mountain region produce these ores as cheaply as they can be produced in Mexico is, because we pay our miners about six times as m Ut;h wages daily as are paid to Mexican miners. I append hereto a carefully made statement of the days of labor actually paid for by me on one mine during last winter, the amount of lead produced from the ores mined, and the cost of producin~ each ton of lead reducea therefrom at the wages actu­ally paid, and an estrmate of what the cost would have been if the wages had only been 50 cents per day to the man.

I make that statement as a part of this am.davit, and the facts therein stated are true of my own knowledge. The mine in question produces the best kind of carbonate lead ores, extremely desirable for reducing dry silver ores. This mine can be made to produce, with lead at a fair price, eighteen to twenty thousand tons of such ore annually. There are many mines in the same aistrict containing the same kind of ore, which are not working and

. can not work, at the present price of lead, and make a profit for the owners.

With a fair price for lead the district in which these mines aro locatoo can produce at least from forty to fifty thousand tons of such fine cnrbona.te lead ores.

DIAMOND MINE, EUREKA, NEV.

Comparative statement showing cost of extracting 180 tons of lead for six montks ending March 31, 1890. (Labor at $3 per day 'ilnd 50 cents per day.)

Month. Days. Rate. Amount. Rate. Amount. ------------l---l---1--------

October __ __ -------------------------November __________ ---------- _____ _ December ___________ _____________ __ _ J anuary ____________ -------- _______ _ February---------------------------March _____________________________ _

$3. 00 $1' 099. 50 3. 00 1, 441.. 50 3. 00 1, 608.00 3. 00 1, 594. 60 3. ()() 1, 456.50 3. 00 2, 032. 50

Cents. 50' 50 50 50 50 50

$183.25 240.25 268.00 265.75 242.75 338.75

TotaL _______________ ---------- 3, 077! ________ 9, 23'2. 50 ________ 1. 53S. 75

180 tons cost to extract at $3 per day, $9,232 50; $51.29 per ton lead. 180 tons cost to extract at 50 cents per day, $1,538.75; $8.55 per ton lead.

R. MACKINTOSH. Subscribed and sworn to before me April 25, 1S90. . [SEAL.] W. M. BRADLEY,

Notary Public, Salt Lake County, Utah. It will be seen that the labor required to produce a ton of lead

in Mexico costs $8.55; to produce a ton of lead in Utah, $51.29. This statement of facts needs no argument.

The average wages paid argentiferous miners in the inter­mountain country of the United States is six times greater than is paid in Mexico, and double the amount paid in England. Lead can be produced and sold in Mexico at $17.50 per ton. In Eng­land the miners are paid three times as much as in Mexico. L ead can not ba produced there for le.:;s than $55 per ton; and with­out silver or gold, lead can not be produced in the intermountain regions of th3 United St~tes for les.3 than $100 per ton with profit to the producer.

The following stat3ment illustrates the average cost of produo·· tion and price of lead in Mexico, England, and the United States: Wages in Mexico, 50 cents per day, 2,0JO pounds lead _______ ____ __ ____ ___ $17.50 Wages in England, $1.75 per day, 2,2<!0 pounds lead_______ __ ___________ __ 57.50 Wages in the United States, ~a per day, 2,000pounds lead______________ 95.00

Let us further illustrate the wage feature of this question by showing, from the best authority, the daily wages paid in our sister Republic. The following is taken from an article p\lb­lished in the North American Review for January, 1892, written by Mr. Romero, the minister from Mexico to the United States:

States.

Aguas Calientes ____ ------ ____ ------- __ __________ --------

~~~~P~~-f~~=~- ~~_"!_ ======== === = ~= ==== ==== == ======== ==== Chihuahua. __________________ ------------ _______________ _ Coahuila ______ ·--- __________ ----~--- _______ ------ _______ _ Colima ______ -------------------~-------------------------Durango. __ --------------- ____ -------- ______ ------ ______ _ Distrito Federal ____ ------ _______ _ ----------------------Gua.najuato ------ _________ ------ ____________ -------- ___ _ Guerrero ---------------- ________ ------ _________________ _ Hidalgo ____ ------------ _________________________________ _ Jalisco ________ ---- ______________________________________ _ Mexico ___ ____ --- __ -------------- ______________ . _________ _ Michoacan ___________________________________ ------ _____ _ Morelos ________ __ : _______ __ __________________ ._ __________ _

uevo Leon ____ ____ ____________________________________ _ Oajaca _____ _ ----------------- ____ ·- ____________ _________ _ Puebla _________ _____ ------------ __ ---------- ___________ _ Queretaro __ ____ _____ · __ ------- ------ --- _________________ _ San Luis PotosL _________________ ---------------------- -Sonora ______________ ------ ____ ---------- _______________ _ _ Tabasco __ __ _________________ _____ ------ ____ ---------- - __ Tamaulipas ________ -- ---- ______________________________ _ 'l'epic (T.) _______________________________________________ _ Tlaxcala. ____________ ·- __________________________________ _ Vera Cruz ________________ ------------------------- _____ _ Yucatan ___ _______ ------ ___________________________ ------Zacatecas _______________________________________________ _

Mini- ~ Maxi- Aver­mum. mum. age. ~

~0.18i .50 .25 .lSi .31t .25 .25

. 311 .lS

.lS

.12.

.1St

.12!

.15!

.2-'5

.lSi

.lSl

.181 .IS

.18

. 30

. 37!

. 2-5

.25

.25

.25

.25

.lSi

l£0.1Si .50

. . 75 .25 .75 . 371 .75 .37! .31t .50 .37! .50 .37! .75 .75.. . lSi .50 . 50 .37! .25

1.00 .50 .50 .50 .50 .Q2! . 37~ .50

ff0.1Si .w .l:O .21i .fi3k .31 .50 .34i .25

:~i .34f .25 .45t .50 .18J • 34~

.341 .28

.22

.65

.43i

. 3il.

.37!

.37!

.431

.31t

. 34H Total average ________ --------___________________ __ . 23} .50 .36

This is the schedule of wages with which you seek to place the American laborer in competition. To even argue it would be a wrong, wilfully committed, against American . It is 4;vickeJ. to debate it.

Commenting on the subject, the distinguished author of the article referred to says: ,

It is a fact that wages in Mexico are far lower in many c:1Ses-

He should have said in all cases-than those paid in the same industries in the United. States; but this ought not to seem strange when it is considered that this country pays probably the highest wages in the world; and not even the foremo t manufacturing nations of Europe, as England, France, Germany, and Belgium, can compete with it in this regard.

It is then said that our labor produces so much more than Mexican labor in the same length of time, and in the saine in·

-I

1892. CONGRESSIONAL RECORD-HOUSE. 5913 dustries, that the difference in wa~es is not, after all, so great. Then follows the reasons for the difference in working capacity, and again I employ the language of the writer:

{1) The Mexican laborer is not so well fed and pal~ as his brother in this Qountry; (2) he generally works until he is exhausted, and his work is not tlleretore, so productive; (3) he is not, on the '\'I" hole, so well educated as the ~verage laborer in the United Sta.tes; (4) he has fewer wants to satisfy, and therefore less inducement to work. ·

The transportation rates give the .American miner no advan­tage over his brother a.cross our Southern boundary. The ques­tion is therefore reduced to one of wages, as far as our ability . to compete in production is concerned, and the plain simple issue ie, Shall we reduce, or attempt to reduce our labor to a Mexican basis? If Americans will submit to any such proposition, then I have studied their character in vain.

THE MAJORITY REPORT.

The majority report accompanying this bill asserts that "nearly 75 per cent of the production of the silver mines of the United States is dry ore." This is a mistake. The following fi~ures issued by the Director of the Mint, as representing the products mentioned for 1891, leaves the majority report in a somewhat embarrassing position. They are as follows:

Ounces. Silver produced from dry ores, 1891_ ___ ----------------------- ________ 28, 4i9, 000 Silver produced from argentiferous lead ores, 1S9L _______ ---------- 23,707,000 Silver produced from copper ores, ld9L------------------------------ 6, 126,000

Total, 1891 ________ . ________________ --------------- ________________ 58,330, O::JO

To the argentiferous lead ores, we must add the value of the lead therein contained, to wit: $12,385,780. The value of the cop­per for 1891 was $13,261,663. Thus it will be seen that the" drv" silver ores of the United States represent about one-third of the product of our silver mines, in place of three-fourths of the pro­duct, as set forth in the majority report. The majority report is very unfortunate in its statements, for again it says: ''These Mexican silver-lead ores are needed for fluxing the dry silver ores of the United States;" and again, "that this Mexican pro­duct averages about 25 per cent lead." Unfortunately for this report the records of the Treasury Department show that the silver-lead ores imported from Mexico during the year 1891, con­tained less than 17 per cent lead. At the same time we are. con­fronted with the statement of Mr. A. Meyer, of the Kansas City reduction works, an expert in such matters, that 20 per cent of lead is required to reduce a ton of "dry'' ore. Thus it will be seen that the Mexican ore imported during the year 1891, did not bring enough lead along with it to reduce itself.

Here the dishonesty of the importers of lead returns to plague them. I have no doubt the report of the committee as to the per cent of lead contained in the -imported ores is more nearly cor­rect than the figures from the Department. The Department gives us the returns from the custom-houses on the Mexican frontier; and as the importers have been smuggling lead in free of the duty imposed by law, of course the records are unreliable.

But as the United States can now produce, under protection, all of the lead that is used for home consumption, and all that is ·necessary for fluxes, the question is unimportant except as an illustration of the methods of the lead-tariff "reformers."

Our Democratic friends are always more concernedaboutsome other country than they are considerate of our own people. They say that because we compelled Mexican ore to pay a duty Americans carried their money across the line and invested it in Mexico. All I have to say to that proposition is that if these American capitalists desire to reduce fifty thousand American miners to competition with the pauper labor of Mexico, then the s::oner they get out of the United States of America the ootter it will be for the United States. If a. few American capitalists are willing to see the vast amount of money invested by their country­men in silver-lead mining throughout the intermountain regions of the United States utterly lost, and the cause of American labor ruined in that section, with the industry itself, to the end that they may profit thereby, then the sooner theybecomecitizensof some other country the better it will be for our own.

The following paragraph concludes the majority report: It will be seen from what has been stated that the abrogation of this duty

which is sought by this amendment, will be in the interests of the American manufacturers by giving them :tree raw material; will be in the interest of the dry-ore miners, representing 75 per cent of the mining industry in the United States, by increasing the supply of flux ore and thus cheapening the cost of· reducing their product ; will be in the interest of the American rail­roads, which give employment to large numbera of laborers, by the increas­ing. of their freight traffic, and Will remove one of the principal barrier5 which now prevent a free commercial intercourse between this country and Mexico. _

I will answer these statements briefly in detail. The bill is in the interests of manufacturers to the extent that

it gives them free raw material. I pass without comment this new-born Democratic friendship for the American manufacturer. But how does it help him? At the expense of the American producer and American laborer.

Again, how does this measure help the consumer? When

these lead manufacturers bad the monopoly of the lead market be~ore, under this same law, they increased the price of the manufactured article 25 per cent; and this was the banefit de­rived by the American people from giving manufacturers free raw material. This fact not only answers, but it annihilates the free raw material proposHion.

It is not out of place to remark, in passing, that this bid for the vote of the manufacturer, in all lines, will be answered by the raw-material man in no uncertain tones. It is also timely to notify the manufacturer that if he relies upon the Democratic party for his tariff legislation he will sooner or later find him­self launched upon the stormy seas of free trade, and will be brought face to face with labor troubles the like of which has never yet been seen_ L~bor will not submit to free-trade wao-es ' in this country without a struggle. o

Naturally, the raw-material man will retaliate upon the man­ufacturer if the latter is t2mpted into accepting this scheme, and thus our great industrial life would fall under the maxim that "a house divided against itself can not stand."

The increase of flux ore is· not needed. We produce an ample supply in ~his country. Besides, the ore brought in from Mex­ico, if we are'to b.3lieve the importers, will not flux itself.

Again, the majority report states that this law is in the inter­est of American railroads. It is really painful to witness the Democratic party legislating in b3half of railway corporations. Think of it! In one bill, with their breathless antimonopoly campaign cry, and their" long line of illustrious, etc.," we find these time-worn and battered revenue reformers pleading for the manufacturer and the railroad corporation! But how will Ameri­can railways be aided by this bill?

The Mexican National is, I understand, an American company. This company anli its connections would no doubt profit some­what by carrying free Mexican ores. I shall be glad if this company does a good business; but the benefits to the Mexican National can not be compared to the injury that would accrue to the Union Pacific system, the Denver and Rio Grande, the Northern Pacific, the Great Northern, and other roads of the in­termountain country, if the great mining industry of that section and its general business were crippled to the extent that free lead would injure it.

It might be well to make this feature of the report a little more conspicuous. The president of the lead trust is the secretary of the Standard Oil Company: This company, with the Armour Packing Company and the lead trust, are so intimately associated with certain railroad companies that generous rebates always follow their shipments. These three combinations are the most powerful that seek to dominate both the buying and selling price of the commodities which they endeavor to control. They con­trol the price of the raw material as well as the price of the fin­ished product. So powerful are they that competition in freights is impo~sible.

Our miners can not obtain rates that make it possible to stand for one moment against the trust. Give this combination fre3lead, and the silver-lead miners are destro.ved. It is not a revenue-reform bill that is now before the House. It is the scheme of the lead trust to debauch the revenue service of the Mexican frontier. It is not entitled to the respect of Repub­licans nor the support of Democrats, b 3cayse it does not propose to formulate, by legislative enactment, an honest change in the ~·evenue ~l;L''Ts. This portion of the majority report suggests that if the Democratic party does not stop flirting with railway cor­porations, Standard Oil magnates, and protected " barons," it will soon be indicted by the people on the charge of having improrer relations with thes3 mighty powers.

So much for the benefit to railroads. The last reason given by the majority for recommendin~ tl:_le

passage of the bill is, that it "will remove one of the principal barders which now prevents a free commercial intercourse be­tween this country and Mexico."

Kansas joined in the last raid against the silver-lead miners. Let us see upon what basis the farmers of Kansas, Nebraska., and other States can profit by exchanging the trade they now re­ceive from our own country for what they will receive from Mexico under a free-lead schedule. I ass ~rt that Colorado alone purchases more farm products from Kansas and Nebraska in one year than Mexico will import in two yeara from the United States, all told.

THE FOLLOWING STATEMENT IS OFFICIAL.

The Government records show farm products exported from the United States into 1vfexico during the years of 1890 and 1891 as follows: Cattle, hogs, horses, mules, sheep, fowls, etc., 1890 _______ __________ $1,007,285 Cattle, h::Js, horses, mules, s4eep, fowls, etc., 1891__________________ 1, 130,983

~~~~~~urr~: }~~--~~==~====== =========~=~=~=== == :::::::: ==== ============ ~~: ~~ 1.tU5,7Z7

,·

5914 CONGRESSIONAL REOORD-HOUSR JULY 8,

Add 40 per cent, as the Mexican Government records show a. bout Mr. SWEET. ·The Mexican laborer does not have anything "that amount more of exports from the United States than the to live on. He merely exists. That question, howev.e'I', was United States recorJs show, to wit ____ --------------------------- $1,446,290 f ll

u y answered by the quotation from the art icle written by the Total-------------------------~--------------------------- 5,052,017 minister 1rom Mexico.

In the year 1890 Colorad-o alone purchased over $12,000,000 The SPEAKER pro te-mpore. The time of the gentleman has worth of Kansas and Nebraska products. expired.

In the year 1891 Colorado produced 82,692,000 pounds of me- Mr. SWEET. I ask permission to extend myramarks in the tallic lead; Montana, 28,253,500; New Mexico, 10,622,000; Utah, RECORD. 86,526,528, and Idaho, 77,125,384 pounds, -or a total of 285,219,412 Mr.WHITING. Ii they will ghe leave to all gentlemen to pounds; and as Colorado produced about 30 per cent of the total publish remarks in the RECORD, I will have no objection. in the States and Territories mentioned, .and as the lead industry There was no objection. employs about the same amount of labor in each State and Ter- Mr. WHITING. Mr. Speaker, !yield five minutes to the gen· ritory in proportion to p'I'oduction, and as Colorado produced tleman from Missouri [Mr.TARSNEYJ, less than one-third of the lead product, it is safe to estimate the farm products consumed through the lead-mining industry in [Mr. TARSNEY withholds his remarks for revision. See Ap-the Territory mentioned at two-thirds greater than what was con- pendix.] sumed in Colorado, which would be $36,000,000 worth per year, Mr. WHITING. Mr. Speake'I', I reserve the remainder oi my or $72,000,000 worth in the same period that Mexico bought time. $5,000,000 from the United States. Mr. REED~ I yield three minutes to the gentleman from ll-

When this question Wa3 unuer discussion before, the farmers linois [Mr. HOPKINS]. of Colorado, realizing the danger that threatened their great Mr. HOPKINS of Illinois. Mr. Speaker, gentlemen who were market, met at Denver and p1tSS3d the following resolutions. in the last Congress will perhaps remember that when the so­The resolutions show, not only a realization -of surrounding con- called McKinley bill was up for consideration in the House and ditions from a business standpoint, but an appreciation of the sit- tJlis -schedule of the bill was reached, I was in very much the uation of their fellow-laborers in the mines that is commendable.: same frame of mind as my well-meaning but misguided 'friend

Whereas the farmin&: interests of the State of Colorado are second in im- from Missouri [Mr. T ARSNEY] expresses to-day. I believed, from portance and magnitude only to its leading industry-mining; and the ~~~ormation that was b""ought to me -at t._at time, that the Whereas the prosperity and success of our agricultural in.terests are de- ~ ' L • •ll

pendent u;pon the support given by the largest class of home consumers, the imposition of the proposed duty upon the flux ores that were im-minersofpreciousmetalsind:1:1'l'erentpa.rtsoftheSta.te: Itis .therefore ,.,0 rtedfromMeXl'cowo--,d b delef-,_..;0 s t th b · · te

Resolved, That the farmers of the State of ·Colorado appreciate the neces- k' · 'U.l e IJOu u 0 e usmess In 1'-sity of a reasonable protection being atrorded the miners of "this State by the ests of this country 1 especia.lly the smelting and refining interests. imposition of a duty of 1! cents per pound on all lead in ores, dross, or other That opinion was predicated upon information that was given material, mespective of their silver or gold value, and by the !nrtherimpo- to me by the large smelting and refining interests in the .city of sition of a. duty of 2 cents per pound on all metallic lead imported as such. It is further- Chicago, and in my own city, where there is one of the largest :Resolved, ThatDolora.do, being a large consumer of the a.gricnltnra.l products and most successful smelting and refining establishments in this

of the neighboring States, we, the farmers of Colorado, call upon our brother · countrv. Upon ·that basis I Sllpmorted an amendment to the Mc-fal'mers o1 Kansas and Nebraska to stand -with us in demanding protection .., k'

for our fellow-laborers, the miners of Colorado, against the slave labor of .Kinley bill which was of very much the same character as the pend-Mexico ing measure. But, Mr. Speaker, I am hear to-day to bear testi-

Of Ampah!:e ~u~lff.Tfr.r'!~aent. mony t-o the wisdom of th~ McKinley bill, and to show that in-T. s. HAWLEY, stead of injuring the interest that I have mentioned, it has

OfLas.Animas County, Secretary. resulted in great advantage to that interest. The ~entleman Fifteen agrwultural counties of Colorado were represented at who prepared this report for the majority bases his desll'efor this

tba.t Alliance meeting. legiBlation upon the promotion of the interests of the miners of It seems to me to be perfectly plain that no Western agricul- the West and of the smelting and refining interests all over the

tural community can afford to see the lead industry destroyed. country. When they do consent to it they deliberately agree to give up The gentlemen from the silver-producing States have shown their mostwluable market west of the Mississippi River. I do to the House by facts and figures submitted here that this pro­not stop to prove again the fact already demonstrated, that with posed legislation is not in the interest of the American min~rs; free lead one-half of the silver-lead· mines would be closed and and I am here to affirm, from statements which have been made millions of dollars' worth of agricultural products now consumed to me by the managers of the £melting and refining interests .at by the miners compelled to seek another market. Divide, if you Chicago, that the existing law has been baneficial totheir inter­please, the amount of agricultural products consumed by the ests. They supposed that a little ·coterie of mine-owners in the miners bvfour, as subtracting the amount consumed by the silver- city of Denver would control the output of the flux ores in Amer­lead workers who would be driven out of business by the passage ica, and by reason of that would destroy their interests. But the of a free-lead bill, and that fourth amounts to five times as much result of the imposition of this duty has been what Mr. Carter, per annum as the entire country exports to Mexico in products of Montana, said on this floor two years ago it would be. It has from the farm. stimulated the interests of these miners in the West, and they

ENTIRELY INEQUIT.A:BLE. have developed new mines which produce these flux ores, so that 'The bill is extremely unfair. It is entirely without equity. the smelting and refiningindustrieseastof the Mississippi River

The miners pay a duty on ne-arly every article used about the are competing, and that successfully, with the refineries at Den­mines. The heaviest items are in the form of tools and machin- ver and other places in the West. ery. Iron aud steel are heavily protected, and while the free [Here the hammer felL] raw material theory wouldleaveustogodownin the contest with Mr. WHITING. I yield two minutes to the gentleman from pauper labor, it would also leave the consumers to the tender Ohio [.Mr. HARTER]. mercies of the lead trust. Mr. HARTER. Mr. Speaker, those who oppose the taking off It is the old question, after all. It is America and Americans o! this duty appear here in the interest of the silver-mine1's of

against the world. It is the principle of citizen against the the West. It appears to me. that if any class of producers in the principle of subject. It is the free public schools for the chil- country in recent years has had its full-share of protection from dren<{)f our laborers against the factory for these children. It the Treasury of the United States, it is these same silver-miners means the factory in the valley and the schoolhouse on the of the West. Wehaveto-day$443,000,000of their worthless (be­hill, or it means no schoolhouse at all. It is independent, in- cause unsalable) silver in the public Treasury, upon which there telligent, American ma.nhood, against the peon of Mexico, and a will be a final loss to the people of from one hundred million to manhood, the aspirations of which are limited to the necessities two hundred million dollars. I say, therefore, if any set of people ofe:10h day; a manhood without a present, without a future, have had their full share of protection in the United States, these without a. hope. I am willing to help lift the Mexican laborer ;tre the men. To-day, too, they have in the hands of the Com­up, but not at the expense of dragging Americans down. mittee on Coinage, Weights, and Measures a bill calling for the

In conclusion, Mr. Speaker, I will call attention to the fact freecoinageofsilver, which, if it becomes a law, will take from the mentroned by the gentleman in charge of this bill, to the effect Treasury from twenty-fivetothirtymilliondollarsmoreperyear that there is now a strike by the men in the lead mines of the and turn it into their bank accounts. West. That strike happens to be in the State which I have the Moreover, they come here telling us what tremendou3 wages honor to represent upon this floor. I will ask the gentleman they pay to their employes. this question: If our miners are obliged to strike in self-protec- I have no dispute on this question with my friend from Idaho tion when theyreceive$3.50 per day, what does he think they will [Mr. SWEETJ He may tell us that these mine-owners pay their d@ when placed in competition with Mexican labor, which re- workmen $3.150 a day-yes, and I would prefer to have him say ceives 50 cents a day? [Loud applause on the R'3T>Ublican side.] that they are -paid $6 a day. I am glad that the mine-owners

Mr. TARSNEY. Do3s not that depend upon the costof their pay their men $3.50 a day; but I object tbat men who al'e earn-living at the place where they are employed? ing $3.50 a day should seek by legislat.ion here to make the arti·

1892. CONGRESSIONAL-RECORD-HOUSE. 5915 cle which they produce bring a higher pz:ice from the people in our Congressional districts who are world.ng at 75 cents to $1.50 a day.

Again1 where one man is engaged in producing this article 6,300 people consume it. I am unwilling to favor a law which will tax 6,300 to put unearned money into the pockets of one man.

[Here the hammer fell.] Mr. HARTER. I ask the gentleman from Michigan [Mr.

WHITING] to give me a moment more? Mr. WHITING. . I yield the gentleman one minute. Mr. HARTER. I close by saying that I am a lead-miner my­

f!eli, and I am in favor of free lead because I am a lead-mine1·. It is the most profitable single business in which I am engaged. I am in favor of putting all lead on the free list and making it as cheap as possible for every consumer in the land.

Mr. WILSON of Washington. Is your mine in "Mexico? Mr. HARTER. It is in Missouri, and it is. worked by Amer­

ican workingmen. Mr. WILSON of Washington. Mine is in Idaho, and is worked

by American workingmen. Mr. HARTER. Thank God, I have nothing in Idaho or any­

where else which I want a tariff on or to tax my neighbor for. Mr. WILSON of Washington. What do you pay your work­

men per day? fHet·e the hammer fell.] The SPEAKER. The debate is exhausted. The question is

on the motion of the gentleman from Michigan [1\!l.r. WHITrnG] to suspend the rules and pass the bill which has been read.

:Mr. WHITING called for the yeas and nays. The yeas and nays were ordered. •.rhe question was taken; and there were-yeas 196, nays 63,

not voting 69; as follows: YEAS-196

Abbott, Coolidge, Alexander, Coombs, Andrew, Cooper,

Hemphill, Henderson, N. C. Hoar,

Page, R.I. Page, Md. Pan-ett,

Arnold, Covert, Babbitt. Cowles, Bailey, Cox,N.Y. Baker, Cox, Tenn. :aankhead, Crain, Tex. Ba.rwig, Crawford, B~eman, Crosby, Beltzhoover, Culberson, Bentley, Cummings, Blanchard, Daniell, Bland. Davis, Blount, De Armond, Boatner, De Forest, Bowman, Dickerson, Branch, Dockery, Brawley, Donovan, Breckinridge, Ark. Dm·borow, Bretz, Edmunds, Brickner, Ellis. Brookshire, English, Brunner, Enloe, Bryan, Epes, Buchanan, Va. Everett, Bullock, Fitch, Bunn, Fithian, Bunting, Forman, :aushnell, Forney, Butler, Fowler, Bynum, Fyan, Cadmus, Gantz, Caminetti, Geissenhainer, Campbell, Gillespie, gapehart, Goodnight,

aruth, Grady, Castle, Greenleaf, Catchings, Hall, Cate, Hallowell, Cbipman, Halvorson, Clancy, Hamilton, Clarke, Ala. Hare, Clover, Harries, Cobb,Ala. Harter, Cobb, Mo. Hatch, Coburn, Hayes, Iowa Cockran, Haynes, Ohio Compton, Heard,

Holman, Hooker, Miss. Houk, Ohio Johnson, Ohio Johnstone, S.C. Jones, Kern, Kilgore, Kribbs, Kyle, Lane, Lanham, Lapham, Lawson,Va.. Lawson, Ga. Layton, Lester, Va. Lester, Ga. Little, Livingston, Lockwood, Long, Lynch, Mallory, Martin, McAleer, McClellan, McDonald, McGann, McKaig, McKeighan, McKinney, Mc1\Ullin, McRae, Meredith, Montgomery, Moore, Moses, Mutchler, Oates, O'Ferrall, O'Neil, Mass. O'Neill, Mo. Otis, Outhwaite, Owens,

NAYS-63. -Dixon, Houk, Tenn. Doan, Huff, Dolliver, Johnson, Ind.

Patterson, 'l'enn. Patton, Paynter, Pearson, Pendleton, Pie1·ce, Robertson, La. Sayers, Scott, Seerley, Shell, Shively, Simpson, Snodgrass, Snow, Sperry, Stevens, Steward, IlL Stone, Ky. Stout, Stump, Tarsney, Terry,

, Tillman, Tracey, 'l'ucker, Turner, Turpin, Van Horn, Warner, Washington, Watson, Weadock, Wheeler, Ala. Wheeler, Mich. White, Whiting, Willcox, Williams, Mass. Williams, N. C. William!'~ ill. Wilson, lY.J.O. Winu, Wise, Wolverton, Youmans.

Robinson, Pa. _ Russell, Scull,

Amerman, Atkinson, Bartine, Belknap, ;Bergen, Bingham,' Bowers, Brosius, Buchanan, N.J. Burrows,

Dungan. Johnson, N.Dak. Smith,

;Busey, "" Caldwell, Clark, Wyo. Cogswell, dutting, Dalzell,

Alderson. .A.Uen, Baoon,

Enochs, Jolley, Flick, Lind, Grout, Loud, Harmer, O'Neill,Pa. Haugen, Payne, Henderson, Iowa Perkins, Henderson, ill. Post, Hermann, Powers, IDtt, Raines, Hooker, N.Y. Ray, Hopkins, Pa. Reed, Hopkins, Ill. Reilly,

NOT VO'l'ING-69. Belden, Broderick, Boutelle, Brown, Breckinridge, Ky. Byrns,

Stone, C. W. Stone, "YV. A. Storer, Sweet, 'l'aylor, Ill. Taylor, Teun Taylor, E. B. Taylor, J.D. Taylor, V. A. Townsend, Wright.

Cable, Causey, Cheatham,

Chapin, Lagan, Peel, Cra1g,Pa. Lewis, Pickler, Curtis, Lodge, Price, Dingley, Magner, Quackenbush, Dunphy, Mansur, Randall, Elliott, McCreary, Rayrun·, Fellows, Meyer, Reyburn, Funston, Miller, Richardson, Geary, Milliken, Rife, Gorman, Mitchell, Rockwell, Griswold, Morse, Rusk Herbert, Newberry, Santord, Hull, Norton, Shonk, Kendall. O'Donnell. Springer, Ketcham, Pattison, Ohio Stahlnecker,

Stephenson, Stewart, Tex. Stockdale, Wadsworth, Walker, Warwick, Waugh, Wever, Wike, Wilson, Ky. Wilson, Wash. Wilson, W.Va.

So the motion to suspend the rules and pass the bill was-adopted. The following additional pairs were announced: Mr. LITTLE with Mr. RAY, until Tuesday, the 12th. Mr. MAGNER with Mr. REYBURN, until next Tuesday. Mr. WILSON of Washington. I am paired with the gentle­

man from Arkansas [Mr. PEEL]. If he were present he would vote "aye," and I should vote "no." ·

Mr. RAY. 1\!r. Speaker, I desire to inquire if the gentleman from New York [Mr. LITTLE] is recorded as voting on this ques­tion?

The SPEAKEH. The Chair is inlormed that the gentleman is recorded as voting in the affirmative.

Mr. RAY. Then I desire to record my YOte,havingrefr.ained from voting because I was paired withhimashorttime ago,and supposed he was not here.

The SPEAKER. Without objection the vote of the gentle­man will be recorded.

There was no objection. Mr. ELLIS. My colleague [Mr.McCREARY] is paired with the

gentleman from Massachusetts {Mr. WALKER]. If present and not paired he would have voted "aye" on this bill as well as on the tin-plate bill.

Mr. ATKINSON. I ask that the vote be recapitulated. The Clerk read the names of those voting. The result of the vote was then announced as above recorded.

DUTY ON WEARING APPAREL AND PERSONAL EFFECTS.

Mr. WHITING: Mr. Speaker-Mr. REED. I move that the House do now adjourn. The SPEAKER. The Chair has recognized the gentleman

from Michigan. · Mr. REED. But I have submitted a privileged motion. The SPEAKER. The Chair will recognize the gentleman

from Maine to submit the motion. The Chair will first recognize the gentleman from Michigan.

Mr. REED. But the motion to adjourn has preference. The SPEAKER. When made. The Chair will recognize the

gentleman from Maine to make the motion. Mr. REED. But ' the gentleman from Maine" thinks he

ought to be recognized first, because he has made a motion which has preference., and first addressed the Chair. _

The SPEAKER. Recognitions are matters, of course, wb.ich the Chair must determine, as tb.e gentleman from Maine knows. The motion of the gentleman from Michigan is in order, and pending that the gentleman from Maine has a right to make the motion.

Mr. REED. But the motionof the gentleman from Michigan has not been submitted, and I have submitted a motion which is a preferential motion.

Tl1e SPEAKER. The gentleman frum Michigan moves to suspend the rules and pass the bill which has been sent to the desk, the title of which the Clerk will read.

The Clerk read· as follows: A bill (H. R. 8535) to equalize to some extent the bm•dens imposed upon the

peo,Ple by an act entitled "An act to reduce the revenue and equalize duties on Imports, and for other purposes," approved October 1, 1890.

The bill was read, as follows: Be it enacted, etc., That the wearing apparel and other personal effects (not

merchandise) in actual use ofresidentsof the United States returning thereto from foreign countries, not exceeding $100 in v.alue, and not jntended for the use. of other persons nor for sa~e, shall be admitted into the ports or the Umted States free of duty: Provtded, however, That all the wearing apparel and other personal effects of such persons so returning as may have been by them taken out of the United States to foreign countries, and which have not been advanced in value nor im:proved in condition by a.ny process of labor or manufacture in such countries, shall be admitted free of duty without re­gard to their value upon their identity being established~., under such rules and regulations a.s the Secretary of the Treasury may, ana is hereby author­ized to, prescribe for that purpose.

SEc. 2. That all act;:> and parts of a.cts, so far as they conflict with the pro· visions of this act, are hereby repealed. •

Amend title so as to read: "To limit the amount of weariug apparel and personal effects which may be admitted free of duty."

The SPE.A_KER. The gentleman from Michigan moves to suspend the rules and pass the bill which has been read. pend­ing which the gentleman from Maine moves that the House do now adjourn.

CONGRESSIONAL REC.ORD-HOUSE. JULY 8,

The question was taken; and on a division there were-ayes 41, noes 138. · Mr. REED. Tellers.

Mr. WHITING. Yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 21, nays 211,

not voting 96; as follows: YEAS-21.

Belknap, Bergen, Bingham, Buchanan, N.J. Burrows, Curtis,

Dalzell, Harmer, Hitt; Huif, JohnSon,~- Dak. • Tolley,

O'Neill, Pa. Reed, Robinson, Pa. Russell, Stone,C.W. Stone, W.A .

NAYS-211.

Abbott, Covert, Alexander, Cowles, Amerman, Cox, N.Y. Andrew, Cox, Tenn. Arnold, Crain, Tex. Babbitt, Crawford, Bailey, Crosby, Baker, Culberson. Bankhead, Cummings, Barwi~, Daniell, Beeman, Davis, Beltzhoover, De Armond, Bentley, Dl3 Forest, Blanchard, Dickerson. Bland, Dixon, · Blount, Doan, Boatner, Dockery, Bowman, Dolliver, Branch, Donovan, Brawley, Dungan, Breckinridge, Ark. Durborow, Bretz, Edmunds, Brickner, Ellis, Brookshire, English, Brosius, Enloe, Brown, Enochs, Brunner, Epes, Bryan, Everett, Buchanan, Va. Fithian, Bullock, Forman, Bunn, Forney, Bunting, Fowler, Busey, Fyan, Bushnell, Gantz, -Butler, Gillespie, Bynum, Goodnight, Cadmus, Grady, Caminetti, Greenleaf, Campbell, Hall, Capehart, Hallowell, Caruth, Halvorson, Castle, Hamilton, Cate, Rare, Chipman, Harries, Clancy, Harter, Clover, Hatch. Cobb, Ala. Haugen, Cobb, Mo. Hayes, Iowa Coburn, Haynes, Ohio Compton, Heard, Coolidge, Henderson, Iowa Coombs, Henderson, N . C. Cooper, Henderson, TIL

Hermann, Hoar, Holman, Hooker, Miss. Houk, Ohio Johnstone, S.C. Jones, Kilgore, KribbS, Kyle, Lane, Lanham, Lapham, Lawson, Ga. Lawson,Va. Layton, Lester, Ga. Lester, Va. Lind, Livingston, Lock'wood,

t~~~·-Lynch, Magner, Mallory, Martin, McAleer, McClellan, McDonald, McGann, McKaig, McKeighan, McKinney, McMillin, McRae, Meredith. Meyer, Mitchell, Montgomery, Moore, :.Ioses, Mutchler, O'Neil, Mass. O'Neill, Mo. Otis, Outhwaite, Page,Md. Parrett, P atterson, Tenn. Patton, Payne, Paynter,

NOT VOTING-96.

Alderson, Allen, Atkinson, Bacon, Bartine, Belden, Boutelle, Bowers, Breckinridge, Ky. Broderick, ' Byrns, Cable, Caldwell, CatcJ:P.ngs, Causey, Cheatham, Chapin, Clark, Wyo. Clarke, Ala. Cockran, Cogswell, Craig,Pa. Cutting, Dingley,

Dunphy, Elliott, Fellows, Fitch, Flick, Funston, Geary, Geissenhainer, Gorman, Griswold, Grout, Hemphill, Herbert, Hooker, N.Y. Hopkins, Ill. Hopkins, Pa. Houk, Tenn. Hull Johnson, Ind. Johnson, Ohio Kern, Kendall, Ketcham, Lagan,

Lewis, Little, Lodge, Mansur, McCreary, Miller, Milliken, Morse, Newberry, Norton, Oates, O'Donnell, O'Ferrall, Owens, Page, R.I. Pattison, Ohio Peel, Pickler, Post, Quackenbush, Rames, Randall, Rayner, Reyburn,

Storer, Ta.ylor,lll. ~aylor, Tenn.

Pearson, Pendleton, Perkins, Pierce, Powers, Price, Ray, Reilly, Robertson, La. Rockwell, Sayers, Scott, Seer ley, Shell, Shively, Smith, Snodgrass, Snow, Sperry, Stevens, Steward, Ill. Stewart, Tex. Stone, Ky. Stout, Tarsney, Taylor, J. D. Taylor, V. A. Terry, Tillman, Tracey, Tucker, Turner, Turpin, VanHorn, Wadsworth, Washington, Watson, Weadock, Wheeler, Ala. Wheeler, Mich. White, Whiting, Wike, Willcox, Williams, Mass. Williams, N. C. Williams, Ill. Wilson, Mo. Winn, Wolverton, Wright, Youmans.

Richardson, Rife, Rusk, Sanford, Scull, Shonk, Simpson, Springer, Stahlnecker, Stephenson, Stockdale, Stump, Sweet, Taylor, E. B. Townsend, Walker, Warner, Warwick, Waugh, Wever, Wilson, Ky. Wilson, Wash. Wilson, W.Va. Wise.

So the House refused to adjourn. The result of the vote was theri announced as above recorded. The SPEAKER. Is a second demanded? Mr. REED. I demand a second. The SPEAKER appointed as t ellers Mr. WHITING and Mr.

REED. The House divided; and the tellers reported-ayes 167, noes

none. Accordingly a second was ordered. The SPEAKER. The Chair will recognize the gentleman

from Mic"~igan [Mr. WmTING]to control fifteen minutes in favor of the proposition, and the gentleman from Maine [Mr. REEDj to control fifteen minutes agains t it.

Mr. WHITING. 1 reserve my time. Mr. REED. I reserve my time. [Cries of "Vote." "Vote!"] · The SPEAKER. The question is upon the motion to suspend

the rules and pass the bill. The motion was agreed to, two-thirds voting in favor thereof.

[Applause on the Democratic side.] Accordingly the rules were suspended, and the bill passed.

FORFEITURE OF RAILROAD LAND GRANTS.

Mr. McRAE. Mr. Speaker, I move to suspend the rules an.d pass the bill (H. R. 8390) to amend an act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes, approved September 29, 1890.

The bill was read, as follows:

Be it enacted, etc., That section 1 of an act to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes, approved September 29, 1890, be, and the same is hereby, amended so as to read as follows:

"SEc. 1. That there i$ hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the .construction of a railroad opposite to and coterminous with the portion of any such railroad not con­structed andcompleted within the timespecifted in the act making the grant !or the construction and completion of the whole of such railroad !or the aid or benefit of which such lands were granted; and all such lands are de­clared to be apart of the public domain: Provided, That this act shall not. be construed as for!eitin?; the right of way or station grounds of any com­pany heretofore granted. ;

The SPEAKER. Is a second demanded? Mr. CALDWELL. I move that the House do now adjourn. The question being taken, the Speaker announced that the

noes seemed to have it. Mr. CALDWELL. Division. Mr. McRAE. I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 13, nays 212,

not voting 103; as follows:

Atkinson, Belknap, Bergen, Bingham,

Abbott, Alexander, Amerman, Andrew, -.Arnold, Babbitt, Bailey, Baker, Bankhead, Barwig, Beltzhoover, Bentley, Blanchard, Bland, Blount, Boatner, Bowers, Bowman, Branch, Brawley, Bretz, Brickner. Broderick, Brookshire, Brosius, Brunner, Bryan, Buchanan, Va. Bullock, Bunn, Btmting, Busey, Bushnell, Butler, Bynum, Cadmus, Caminetti, Campbell, Capehart, Caruth, Castle, Catchings, Cate, Chipman, Clancy, Clarke, Ala. Clover, Cobb, Ala. Cobb, Mo. Coburn, Cockran, Cogswell, Coolidge,

YE'AS-13.

Enochs, Flick, Hooker, N.Y. Hu!I,

Johnson, N.Dak. Taylor, Tenn. O'Neill, Pa. Scull, Taylor, ill.

NAYS-212.

Coombs, Cooper, Covert, Cowles, Cox,N.Y. Cox Tenn. Crahl, 'l.'ex. Crawford, Crosby, Culberson, Cummings, Dalzell, Daniell, Davis, DeArmond, DeForest, Dickerson, Dixon, Do an, Dockery, Dolliver, Donovan, Dungan, Durborow, Edmunds, Ellis, English, Enloe, Epes, Everett, Fellows, Fithian, Forman, Forney, 'Fowler, Gillespie, Goodnight, Grady, Greenleaf, Hallowell, Halvorson, Hamilton, Hare, Harries, Harter, Hatch, Haugen, Hayes, Iowa Haynes, Ohio Heard, Henaer son, N.C. Henderson, Iowa Henderson, Dl.

Hermann, Hitt, Hoar, Holman, Hooker, Miss . Hopkins, Til. · Houk,Ohio Johnson, Ohio Johnstone, S.C. Jolley, Jones, Kilgore, Kribbs, Kyle, Lane, Lanham, Lawson, Va. Lawson, Ga. Layton, Lester, Va. Lester, Ga. Livingston, Lockwood, Long, Loud, Lynrh, Mallory, Mansur, Martin, McAleer, McClellan, McGann, McKaig, McKeighan, McKinney, McMillin, McRae. Meredith, Mitchell, Montgomery, Moore, Moses, O'Ferrall, O'Neil. Mass. O'Nelli, Mo. Otis, Outhwaite, Owens. Page,Md. Parrett, Patterson, Tenn. Patton, Payne,

Pearson, Pendleton, Perkins, Post, Powers, Price, Reilly, Robertson, La. Rockwell, Russell, Sayers, Scott, Seer ley, Shell, Shively, Snodgrass, Snow, Sperry, Stevens, Steward, Ill. Stewart, Tex. Stone,C.W. Stone,W.A. Stone, Ky. Stout, Sweet, Tarsney, Taylor, J.D. TeiTY, Tillman, Townsend, Tracey, Tucker, Turner, Turpin, VanHorn, Washington, Watson, Weadock, Wheeler, Ala.. Wheeler, Mich. White, Whiting, Wike, Willcox, Williams, Mass. Williams, N.C.

• Williams, ill. Wilson, Mo. Winn, Wise, Wolverton, Youmans.

I .

,·. --.

1892. CONGRESSIONAL RECORD-HOUSE. 5917 NOT VOTING-103.

Alderson, Fitch, Allen, Funston, Bacon, Fyan, Bartine, Gantz, Bee:tnan, Geary, Belden, Geissenhainer, Boutelle, Gorman, Breckinridge, Ark. Griswold, fh;eckinridge, Ky. Grout, Brown, Hall, Buchanan, N.J. Harmer, Burrows, Hemphill, Byrns, Herbert, Cable, Hopkins, Pa. Caldwell, Houk, Tenn. Causey, Hull, Cheatham, Johnson, Ind. Chapin, Kem, Clark, Wyo. Kendall, Compton, Ketcham, Crai~, Pa. Lagan, Curt1S, Lapham, Cutting, Lewis, Dingley, Lind, Dunphy, Little, Elliott, Lodge,

Magner; 11t;~Creary, McDonald, Meyer, Miller, Milliken, Morse, Mutchler, Newberry, Norton, Oates, O'Donnell, Page, R.I. Pattison, Ohio Paynter, Peel, Pickler, Pierce, Quackenbush, Raines, Randall, Ray, Rayner, Reed, Reyburn, Richardson.

Rife, Robinson, Pa. Rusk, Sanford, Shonk, Simnson, Smith, Springer Stahlnecker, Stephenson, Stockdale, Storer, Stump, Taylor, E~B. Taylor, V. A. Wadsworth, Walker, Warner, Warwick, Waugh, Wever, Wilson, Ky. Wilson, Wash. Wilson, W.Va. Wright.

So the House refused to adjourn.. The Clerk announced the following additional pair: For the rest of this day: Mr. HARMER with Mr. CRAIN of Texas. Mr. ATKINSON. Mr. Speaker, I ask for a racapitulation of

the vote. The Clerk recapitulated the names of those voting. The result of the vote was then announced as above recorded. Mr. CALDWELL. I demand a second. The SPEAKER appointed as tellers Mr. McRAE and Mr.

CALDWELL. The tellers reported-ayes 168, noes 18. Accordingly a second was ordered. . The SPEAKER. The gentleman from Arkansas [Mr. McRAE]

will be recognized to control the time in favor of the proposition, and the gentleman from Ohio [Mr. CALDWELL] against it.

Mr. McRAE. I will reserve my time. The SPEAKER. The gentleman from Ohio [Mr. CALDWELLj

is recognized to control the time ·against tb.e bill. Mr. BURROWS. Let us have the report read. I call for the

reading of the report. The SPEAKER. The gentleman is entitled to fifteen min­

utes, and he asks for the reading of the report. The report (by Mr. McRAE) was read, as follows:

The Committee on the Public Lands, to whom was referred the bill (H. R. 8390) to amend an act " to forfeit certain lands heretofore granted for the purpose of aiding in the construction of railroads, and for other purposes," approved September 29, 1890, have had the same under consideration and report it back with the recommendation that it pass.

The purpose of the bill is to amend the first section of the said act, which now reads as follows:

"That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a. railroad opposite to and coterminous with the portion of any such railroad not now completed and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted."

The bill proposes to amend it so that It will read as follows: "SEc. 1. That there is hereby forfeited to the United States, and the

United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such rafiroad not con­structed and completed within the time specified in the act mak1ng the grant for the coustraction and completion of lthe whole of such railroad for the aid or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain: Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any com­pany heretofore granted."

The said act of September 29, 1890 (26 Stat., 496), in substance declared the forfeiture to the United States of lands theretofore granted to States and corporations to aid in the construction of railroads to the extent only of lands opposite to and coterminous with the port.ions of such railroads as were not comple~d and in operation at that date. It was a mere subterfuge, and amounted to nothing as compared with the

area involved and subject to forfeiture. It restored to the public domain only the depleted tail ends of the vast grants made by Congress to railroad companies-the discarded .remn&.nts of deser~ ~astes and mountain ranges, abandoned and thrown aside by the compa.rues because they were deemed worthless, or because they were not considered suffi.ciently valuable to jus­tify the expense of earning them. It gave the roads all they claimed, and took back what, as a rule, they did not want. The purpose of this amend­ment is to do what the last Congress should have done, to extend the for­feiture to the portions of the several railroa-ds, to aid in the construction of which the grants were made, which were uncompleted when the time ex­pired within which the roads were respectively required to be completed by the several laws making the !!Tants. This the committee thinks a beneficent and meritorious legislative proposition. It means something. If it should become a law it would be a measure upon which the country would have occasion to congratulate itself.

The theory on which lands were granted by Congress to aid in the construc­tion of railroads was the opening and development of the unsettled portions of t.he United States and Territories, and for that reason time was an im­portant elemeut in the grants. Whether sound public policy justified any of these grants or not, it is manlfest that a public purpose, that of opening and improving the country by increased facilities for transportation and in-..

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tercourse, controlled Congress in making them. Every act passed by Con­gress making any such grant provided in express terms for the time in which the road should be constructed.

In most of the earlier grants a quantity not exceeding 120 sections of the land granted included withill.IOa continuous length of 20 miles of the road might be sold in the first instance, and a like quantity o! the lands on the completion of each successive 20 miles, or some other specified length of road, mi"'ht be sold, coupled with the express condition-

" That if the road was not completed within ten years (or some other defi­nite period) no further sales should be made, and the lands unsold should revert to the United States."

The following provision will be found incorporated in most, if not all, of the early grants, ancl when from time to time Congress extended the time for the completion of any of these r ailroads, it was expressly provided that the lands unearne::l when the period expired should revert to the United States, viz, section 4 of the act of August 11, 1856 (11 Stat., 30) , bein~ · 'An act granting public lands in alternate sections to the State of Mississippi to aid in the construction of railroads in said State, and for other purposes: "

"And be it f urther enacted;.. That the lands hereby granted to said State shall be disposed by said :state only in manner following, that is to say: That a quantity of land not exceeding 120 sections for each of said roads, and included within a. continuous length of 20 miles of each of said roads, may be sold; and when the governor of said State shall certify to the Secretary of the Interior that any continuous 20 miles of either of said roads is com­pleted then another like quantity of land hereby granted, not exceeding 120 sections for such road, may be sold, and so from time to time until said roads are completed; and if said roads are not completed within ten years no further sales shall be made, and the lands unsold shall revert to the United States."

'l'his provision will be found in substance in most, if not all, the grants, except those to the Pacific railroads, in the entire series of land grants. There is not a single instance where the time for the completion of the railroad is not expressed in positive terms.

The eighth section of the act of July 2, 1864, making t.he grant to the North­ern Pacific Railroad Company (13 Stat .. , 365), is as follows:

"And be it further enacted, That each and every grant, right, and privile~e herein are so made and given to and accepted by said Northern Pacific Rail­road Company upon and subject to the following conditions, namely: That the said company shall commence the work on said road within two years from the approval of this act by the President, and shall complete not less than 50 miles per year after the second year, and shall construct, equip, fur­nish, and complete the whole road. by July 4, A. D. 1876."

The joint resolution of July 1, 1868 (15 Stat .. 255), extending the time for the completion of the Northern Pacific, is as follows:

•· Be it resolved by the Senate and House of Representatives of the United States of Am~rica in Congress assembled, That section 8 of an act entitled 'An act granting lands to aid in the construction of a railroad and teleg1·aph line from Lake Superior to Puget Sotmd, on the Pacific coast,' is hereby so amended as to read as follows: 'That each and every grant, right, and priv­ilege herein are so made and given to, and accepted by said Northern Paci­fic Railroad Company upon and subject to the following conditions, namely : That the said company shall commence the work on said road Within two years from and after the 2d day of July, 1868, and shall complete not less than 100 miles per year after the second year thereafter, and shall construct, equip, furnish, and complete the whole road by the 4th day of July, A. -D. 1817. , "

In the act making the grant to the Atlantic and Pacific and Southern Pa· ci:fic Railroad companies, being an act entitled " An act granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast," the following section is made applicable to both grants, viz, Eection 8 (14 Stat. , 297):

"And be itfuriher enacted, That each and every grant, right, and privilege herein aTe so made and given to, and accepted by, said Atlantic and-Pacific Railroad Company upon and subject to the following conditions, namely:

"That the said company shall commence the work on said road within two years from the approval of this act by the President, and shall complete not less than 50 miles per year after the second year, and shall construct, equip, furnish, and complete the main line of the whole road by the 4th day of .July, A. D. 1878. "

The act of July 1, 1862 (12 Stat.,489), making a grant of lands to the Union Pacific Railroad Company, contains the following proviso in section 17 of said act:

"Provided, That if said roads are not completed so as to form a continuous line of milroad ready for use from the Missouri River to the navigable waters of the Sacramento River in California, by the 1st day of July, 1876, the whole of all said railroads before mentioned and to!blie constructed under this act, together with all their furniture, fixtures, ro ing stock, machine­shops, lands, tenements, and hereditaments, and property of every kind and character, shall be forfeited to and taken possession by the United States."

These various provisions of the acts of Congress making grants of public lands are referred to as indicating clearly the purpose of Congress to make the time within which the railroad should be completed as of the essence of the grants, and it will be observed that in a large number of these grants­indeed, the greater number-the power to dispose of the land by the railroad company was expressly limited to tbe lands coterminous with each succes­sive 20 miles of the railroad completed within the period named, so that, con­ceding that the grants were grants in prresenti, it would seem clear that the power ot the railroad corporation to dispose of the lands granted was ex­pressly: limited to the lands earned in successive sections of 20 miles each, so that after the period of time had elapsed, even if title did vest. in the rail­road company, there was an absolute want of power to make sales beyond the lands earned within the specified periods.

The companies accepted these valuable grants of land from the Govern­ment under exceedingly favorable conditions, and failing to comply with the conditions, they at least would have no right to complain if the Govern­ment declared the entire grants forfeited, and the justice of this would be still more manifest, in view of the fact of the extreme liberality of Congress in from time to time extending the period within which the railroads were required to be constructed.

Eighty grants, covering 155,504,994acres, were made to companies that have altogether constructed less than 20,000 miles of road, while during the same time over 100,000 miles have been constructed by other companies without the aid of land grants, and not a few in the undeveloped West were built far in advance of and before the completion of tho::;e aided by large and valuable grants. In many cases the construction of the land-grant roads appear to have been purposely delayed until the country through which the routes were projected had been settled to a sufficient extent to justify the building without aid. Under the law and practice of the Interior Department in per­mitting the lands to be withdrawn as soon as mans were filed the railroads lost nothing by such delay. They paid no taxes; and the land was all the time increasing in value. It was a profitable policy for them. They were allowed to build wherever and whenever they desired, either within or with­out the limit, and often allowed to change the route to suit their desires.

The Government has never in any instance acted with such extreme lib-

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5918 CONGRESSIONAL REOORD-HOUSE. JULY 8,

erality in ma.king grants .for public improvements as it has ~-c9nnection with the construction of ra.ilroads. In postpo the constr cti6tl. or the railroads the purpose of the grants wa.s entire~e!ea.ted, a.nd many in­§ta.nces no steps were taken until the lapse of trme had resulted in the set· tlement of the country, thereby adding largel:L_to the value o.f the land. In such cases it would be a manifest fraud against the settlers on the public lands, as well as the Government, to finally conftrm. the title in the railroad companies to the lands granted, as it is contended the act passed by the last Con!P.:ess does.

W1th the exception or a few of the earlier grants, the railroad companies seemed to have considered the grants as merely gratuitous, not made for t-he benefit or the people, but for their own benefit, and delayed the fulfill· ment of their engagements until by settlement or the country, the value of the grants had been greatly enhanced. They certainly could not have com· pla.ined if the Government had at once declared the grants forfeited when they had violated the tenns on which they had received them. Their default unquestionably made it the duty of Congress, in the interest of the people, to declare the forfeiture.

It has been said, however, that if, after the time expired for the construc­tion of these railroads, the companies proceeded to construct them, then Congress ought to be in equity estopped from declaring a forfeiture. But this proposition, as between the Government and its grantees, is certainly Without foundation. There was no ambiguity in the conditions on which they obtained their grants. The facts were known to the companies. The Government can not be permitted to suffer by reason of the laches of those who for the time being are intrusted With its a.dministration.

The corporations received their grants on clearly expressed conditions. They faUed to comply with those conditions, and, as a rule, made no effort to do so. ll the grant was of jsutll.cient magnitude and value to furnish the means at once for the construction of the railroads the terms were complied With, and in such cases the act of Congress making the grant was simply a. gift of so much wealth to the fortunate grantee company. But when invest­ments were required to be made by the incorporators, in addition to the grant, to construct the railroads, although by the express terms of the grant they were made to "aid" in t.he construction of them, no such investments were made, but the tlm:e was permi-tted to lapse until, by the changed con­dition of the ccn:mtry, the value of the grant had been increased; then, with a full knowledge that an actual forfeiture had taken place, these corpora­tions proceeded to secure the benefit ot the grants. It seems impossible to suggest .an equit.y against a forfeiture in behalf of

such dclinquent corporatiohs. Some of the grants were mad~ nearly forty years ago. Thirty years have elapsed since the actual forfeiture of the grants occurred, and yet within the past few years portions of these roads have been constructed and, in some instances, completed.

In fact, the last grant to expire was that made to the Texas and Pacific Railroad ComJ>any March 3, 1811 (16 Stat., 573). That grant expired in ten years and Congress has declared it forfeited.

The negl~ct a.nd failure of the land-grant corporations to comply with the terms of their grants has been so open and notorums in the judgment of the committee, that as between the Government and them no injustice would be done if the entire grants were declared forfeited, except where, Within the time specified, bona fide efrort was made to construct the roads, and failure to complete the work within the time only resulted from causes which honest efl'ort could not snrmount.

This bill, however, does not forfeit any lands opposite to and coterminous With the portions of any road constructed Within the time prescribed for the entire completion. To recognize the grants to that extent is, perhaps, more than the demands o:fjustice require, but the fact is manifest that the ques­tion is not simply one between the Government and the corporations, for it is true that from time to time they have made large sales of land granted. In many instances, undoubtedly, the lands were sold and have come to be the property of bona fide purchasers and settlers, and to the extent that a land-grant railroad was actually completed and in operation Without regard to time .. a. purchaser might be just:iftable in assuming that the railroad com· pa.ny had a right to .sell the lands.

So the billleaves the rights o! the purchasers and settlers as fixed and de­fined in the .act of September 29, 1890, and will extend the same protection to purchasers and settlers on the lands forfeited by it i! it should pass. It does not interfere with any special settlement provided for in the said act.

Then, if the companies did not comply With the conditions or their grants, grants which were wrong in the first place, if the title to the lands have not passed irrevocably to the companies, if the Government has the legal right to reclaim them, why not do so? Wby give to the company all that is of real value and say to a justly outraged public that it must be .content to take the meaner S)lare? No innocent settler on any of these lands, no innocent pur­chaser of any of them, is in peril now. It is a question between the original parties to the transaction-the Gov­

ernment which made, and the corporations which accepted, the grants. No other person and no other interest is involved. If it be conceded that Con­gress has the legal right or power to reclaim these lands and restore them to the public dom'ain, the committee can find no satisfactory excuse for tail­ing to do so. If the corporations receiving the grants have any equities to urge in their own behalf they have neglected their opportunities to do so, though they may expect to have it done for them upon the floors of th~ House and Senate. In the committee room they have combated the forfei­tures upon purely legal grounds. They claim the lands as a matter of legal right and deny the power of Congress to disturb them.

·The committee insists that the grants were made upon such conditions as vests in th~ Gove1'lliilent the right to reenter after the breach thereo:f. When a. legislative declaration of forfeiture is made the question or law can then go to the courts for determination. We sha.llnotdiscuss that question here. We refer those who may feel an interest in the matter to reports made dur­ing the Forty-eighth, Forty-ninth, and Fiftieth Congresses by Messrs. CoBB, Henley, HoLMAN, Payson, and others; allo.f whichcanbefoundintheHouse document room.

It may not be inappropriate to say that nearly all the older members of the House Committee on Public Lands have uniformly maintained, both in debate and in reports made by them, that Congress has the right and power to declare a forfeiture of these grants where there is a clear breach of the conditions oi the grant.

The contention and argument made in this report was made by the House Committee on the Public Lands in the Forty-eighth, Forty-ninth, and Fiftieth Congresses, and in each of those Congresses bills of th~ same scope and effect were passed by the House of Representatives, but failed to pass the Senate. The honorable William A. J. Sparks, Commissioner of the Gen· eral Land Otll.ce, in his first annual report in 1885, said:

·• I respectfully recommend that forfeitures be declared in all cases in which the roads were not completed in the manner and Within the time pre­scribed by law. and that -the nnpatented lands be restored to the public do · main.''

The comm.ittee insists, as a matter of equity and good conscience, as well as or public right, that the half-way measure of compromise passed by the Fifty-first Congress should not end this matter; and therefore asks the House to extend the forfeiture to all lands earned out of time, and i! the

legislation should fail again, as it has fa.iled in the past, let the responsibil­ity rest with those who obstruct or prevent it.

The following table will show by what Administration made and the esti­mated area of all the grants, and how much has been patented to the com­panies:

During PresidentFillmore'sAdm.inistration there were grants Acres. to the Sta.te.s in trust for the railroads aggregating ____ ------

Of which there have been patented. ______________ ·----------- ___ _ 8, 198,593.73 7, 372, 883. 85

Dm·ing President Pierce's Administration there were grants to the States in trust for the railroads aggregating-------- -- 19, 678, 179.79

Of which there have been patented ___________________ ------------ 14,886,396.47

During President Lincoln's Administration there were grants directly-to railroad companies aggregating___________________ 74, 395, 801. 61

Of which there have been patented ____ ---------------- ---------- 171 1M,270. 81

During President Johnson's Administration there were grants directly to railroad CQmpanies aggregating. ____________ _____ _

Of which there have been patented _____________________________ _ During President Grant's Administration there were grants

34, 001., 297.77 5, 020, 107. 20

directly to railroad companies aggregating __________________ _ Of which there ha'\"e been patented------------------------------

19,231, 121.60 1' 203, 689. 0)

~~~ ;g;;{ ~~~~~==~~==~=~~========~~~==~~ ====== ======:===== ==== 1~~: ~~ ~~ ~ The name of each railroad company, and the number of mileS of there­

spective railroads unconstructed when the time expired Within which, accord­ing to the terms of the grant, they should have been completed, are esti­mated by the Interior Department to be as follows:

No. Names of ro:td, etc.

1 Florida, Atlantic and Gulf Central Railroad Company --------2 Florida Railroad Company (which by change of name became

the Atlantic, Gulf and West India Transit Company) _______ _ 3 Tennessee and Coosa Railroad Company--------------------·---4 Coosa. and Chattooga Railroad Company-----------------------5 Mobile and Girard Railroad Company ________ ______________ ____ _ 6 Alabama. and Tennessee Rivers Railroad Company------------

{ Marquette and Ontonagon Railroad Company------------------Ontonagon and State Line Railroad Company _________________ _

9 Amboy, Lansing and Travers Bay Railroad Company and other railroad companies now claiming subdivisions of the grant made to that road---------------- _. --- ------ ------------ ___ _

10 Port Huron and Milwaukee Railroad Company ________________ _ 11 LaCrosse and Milwaukee Railroad Company _________ _________ _ 12 St. Croix and Lake Superior Railroad Company and other

railroad companies now claiming subdivisions of the grant made to that road __ ----- ---- -- ____ ____ __________ ------------ ___ _

13 Vicksburg, Shreveport and Texas Railroad Company __ _______ _ 14 Gulf and Ship Island Railroad Company ______________________ _ 15 Minnesota and Pacific Railroad Company and subsequent own-

ers of subdivisions of tl:te grant made to that company _____ _ 16 Southern Minnesota. and Minnesota Valley Railroad Company 17 Southern Minnesota Railroad Company, under grant of March

3, 1857 -------------------------------.---------------------------18 Portage, Winnebago and Superior Railroad Company---------1.9 Sioux City and St. Paul Railroad Company ____________________ _ 20 Northern Pacific Railroad Company-----------------------------21 Southern Minnesota Railroad Company, under grant of July

4, 1866 -------------- -----------------------------------------------22 Hastings, Minnesota and Red River or the North Railroad

Company------------ ____ ____ ________ ------------------ __________ _ 23 Oregon Central Railroad Company, under grant of July 25,

1866 ---------------------- -- -- __ ;:-_-- -------------------------------24: California. and Oregon Railroad Company ____________________ _ 25 Southern Pacific Railroad Company --·-------- ---------- ---- ___ _

Miles.

181

152.65 36.5 37.5

169.6 67.3;) (6 75

153.2i 60 39

243.9 96

170

237.61 25

58.5 93 26.91

1, 732.31

130.02

128.01

163 152 324

Total ______ ____ _____ -----------------------------------____ 4, 598. 2"2

The following list will show the estimated area. forfeited by the act of Sep­tember 29, 1890, and that which would be forfeited by this bill:

Estimat-ed number of acres forfeited.

Name of railroad.

,Gulf and Ship Island ___________________________ _ Coosa and Tennessee ___________________________ _ Coosa and Chattanooga.-------------------------Mobile and Girard __ ___________ ------------------Selma, Rome and Dalton.----------------------Atlantic, Gulf and West India 'l'ransit ---- ___ _ Pensacola. and Georgia _______ _ ---------- _______ _ Vicksburg, Shreveport and Texas------------­Jackson, Lansing and Saginaw----------------Marquette, Houghton and Ontonagon ________ _ Ontonagon and Brule River-------------------­La. Crosse and Milwaukee----------------------Chicago, St. Paul, Minneapolis and Omaha __ _ Wisconsin Central" __________ ---- ______ ------ ___ _ St. Vincent extension, St. Paul and Pacific

By act of Sept. 29, 1890.

652,800 140,160 144, (){)() 530,064 89,932 76,800

None---------None ________ _ None ________ _

294,400 211,200

None ________ _ None ________ _

406,880

(now St. Paul, Minneapolis and Manitoba)_ None---------Western Railroad. __________________ ---- __ __ ---- :rone- --------SouthernMinnesota Railway extension------- None ________ _

Californla. and Oregon--------------___________ None----- ----Oregon and California-------------------------- None----- ----SonthernPacifl.c. ______________________ ---------- 1, 075,200

By House bill8380.

652,800 140,160 144,000 651 261 258, 6".A 676,000 679,680 364,8011 176,256 294,400 288,000 195,724

1,4W,400 46!,480

1, 113,600 213,712 832,115 819,840

36,907, 7H 1, 740, 800 2, 086,400 4, 147,200

~~~f~ W~cR.~~~~==========================-1 Non~.-000~000 -

------------1------------Total ____ ____ _ __ _ ____ ____ __ ____ ____ _ __ _ ____ 5, ret, 436 54,323,996

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The following is a list or forfeitures declaired during the Forty-eighth and Forty-ninth Congresses:

Congresnonal action on land-grant forfeiture bills.

Name of railroad. Congress

Oregon Central - ------------------------------------ Forty-eighth __ Texas Pacific_- - -------------------------- ____ ------ ____ do_----------Iron Mountain of Missouri------------------------ ____ do-----------Atlantic and Pacific.----_-------------------------- Forty-ninth ___ _ Tuscaloosa and Mobile ___________________________ l Mobile and New Orleans ________________________ _

lyton and Beard's Blu!r ____________________ ----~emphisand Charleston------------------------ .... do_, ________ _ Savannah and Albany ____________ -------- ____ ----New Orleans and State Line ____________________ _ Iron Mountain of Arkansas _____________________ _

*Estimated.

Acres.

810,880 18,500,000

300,000 23,871,360

*7,000,000

During the reading of the report (the hour of 5 o'clock p. m. having arrived)

Mr. CALDWELL said: Mr. Speaker, it is now 5 o'clock, and under the rules I believe the House will take a recess.

The SPEAKER. What is the point of the gentleman? Mr. CALDWELL. The point is that it is now 5 o'clock, and

under the rules of the House we take a recess until the evening session, at 8 o'clock.

The SPEAKER. The motion of the gentleman from Arkansas is to suspend that rule, among others, and pass this bill.

Mr. McRAE. And I submit that, as my motion was made and eeconded before 5 o'clock, the other rule does not displace it, and that I am entitled to have a vote.

The SPEAKER. The motion having been seconded, the prop­osition is to suspend that rule, with others, and pass this bill.

Mr. CALDWELL. But the rule I refer to is a standing rule of the House. ..

The SPEAKER. Yes, but it is in order to move to suspend the rules. It would be another question if a new motion were made after 5 o'clock. The Chair is not so clear about what the situation would be; but the order adopted yesterday provided that to-day shall be substituted for Monday for suspension of the rules as provided in Rule XXVIII.

Mr. CALDWELL. But it is now after 5 o'clock, and the rule has not yet been suspended.

The SPEAKER. But a motion has been made and seconded to suspend it, and it was made at a time when there was no rule that prohibited it; but, on the contrary, a rule that expressly au­thorized it; so that it seems to the Chair that the motion of the gentleman from Arkansas is in order. The Chair would be glad, of course, if any gentleman differs with him about that, to hear any suggestion about it. The Chair has no wish except to carry out the order of the House as he understands it; but it seems to the Chair that when a motion is made before 5 o'clock to sus­pend the rules and pass a bill, the proposition to suspend the rule that provides for a recess at 5 o'clock is included, as well as the proposition to suspend the other rules, and that it is in the power of the House to do so. The Clerk will resume the reading.

Mr. CALDWELL. Mr. Speaker, pardon me; apoi.utoforder. Then a motion to suspend the rules does suspend the rules?

The SPEAKER. The motion to suspend the rules, the Chair thinks, was in order. The motion has been seconded, and the Chair thinks that where a motion is seconded, and is in posses­sion of the House, it should have the right to vote upon the question of that motion, even though the hour of 5 o'clock has arrived, in view of the order substituting to-day for last Monday as suspension day.

Mr. JOSEPH D. TAYLOR. A parliamentary inquiry, Mr. Speaker.

The SPEAKER. The gentleman will state it. Mr. JOSEPH D. TAYLOR. Can a motion now be JUade to

take a recess until8 o'clock? The SPEAKER. It can not, because a motion is now pending

to suspend the rules. The Clerk resumed the reading of the report. Mr. ATKINSON (during the reading). I rise to a question

or order. There is so much confusion in the Hall that it is im­possible to hear what the Clerk is reading. I assume that that report has some relevancy to the bill, and I should like to hear what it contains.

The SPEAKER. The House will please be in order. The Clerk resumed the reading, pending which the time of

Mr. CALDWELL expired. Mr. McRAE. Mr~peaker, I demand the yeas and nays. Mr. MALLOB.Y. A parliamentary inquiry, Mr. Speaker. The SPEAKER. The gentleman will state it. Mr. MALLORY. When this bill was before the House some

time ago I offered an amendment which I wanted to have incor­porated in the bill. The gentleman from Arkansas now calls up the bill. I would like to inquire if that excludes considera­tion of the amendment I offered?

The SPEAKER. The Chair will state to the gentleman from Florida that it is competent for a gentleman recognized to move to suspend the rules to present a bill in any form which he sees proper, whether it has been before a committee or has not been introduced. So that it was the privilege of the gentleman from Arkansas to present it in such form as he desired. The Chair is not informed as to whether the amendment indicated by the gentleman from Florida is included in the motion ol the gentle­man from Arkansas.

Mr. McRAE. It is not, Mr. Speaker. I moved to suspend the rules and pass the bill a:; it came from the committee, and when the gentleman offered his amendment I distinctly stated that I opposed it. I withdraw the demand for the yeas and nays.

The question was taken; and the rules were suspended and the bill was passed, two-thirds voting in favor thereof.

ORDER OF BUSINESS. Mr. WASHINGTON. Mr. Speaker: I move t-o suspend the

rules and pass the bill which I send to the Clerk's desk. Mr. JOSEPH D. TAYLOR. I make the point of order that

it is too late. Mr. BURROWS. That is past the hour at which the House

should take a recess. The SPEAKER. The Chair is in great doubt about this prop­

osition, and will submit it to the House. The Chair calls the at­tention of the House to the order, which will now be read.

Mr. DALZELL. Mr. Speaker, would it be in order to make a motion to take a recess until 8 o'clock?

The SPEAKER. It would be, but for the :motion of the gen­tleman from Tennessee now pending; and pending that a point of order is made, and upon that the Chair is submitting the mat­ter to the House. The Chair will call the attention of the House to the situation.

Under the rules of the House, on Friday evening, at 5 o'clock, the Chair must declare the House in recess until 8 o'clock, the evening session to be devoted exclusively to the consideration of private pension bills and other matters incorporated in the rule. On yesterday the House adopted an order, which the Clerk will read.

The Clerk read as follows: Resolved, That Friday, July 8, be substituted for Monday, July 4, for sus­

pension of the rules as provided in Rule XXVIII, the latter date being a legal holiday.

The SPEAKER. The question now is as to the effect of the substitution of Friday for Monday.

Mr. KILGORE. Will the Chair please have read the rule for which thiEj order was.substituted? -

The SPEAKER. The Chair will, if the gentleman desires. The question is, whether under this order it is the duty of the Chair to declare the House in recess or not, and on that question the Chair entertains so much doubt and sees so much ambiguity in the order, that the Chair will take the opinion of the House. The Clerk will report the rule on the subject of recess.

The Clerk read. as follows: 3. Every Friday. unless otherwise ordered by the House, there shall be a

session of the House, to begin at 8 o'clock p.m., and to terminate at half past 10 o'clock p. m ., to consider and dispose or bills to remove political disabil­ities of individuals and private bills reported by the Committee on Pensions and the Committee on Invalid Pensions.

Mr. KILGORE. It is Rule XXVITI that I want reported, the rule intended to be amended by the order adopted yesterday.

The SPEAKER. The Clerk will report Rule XXVIII. The Clerk read as follows:

CHANGE OF SUSPENSION OF RULES.

1. No standing ru1e or order of the House shall be rescinded or changed without one day's notice of the motion therefor, and no rule shall be sus­pended except by a vote of two-thirds of the members present, nor shall the Speaker entertain a motion to suspend the rules except on the first and third Mondays or each month, preference being given on the firs t. Monday to in­dividuals and on the third Monday to committees, and during the last six days of a session.

The SPEAKER. The order which was r ead by the Clerk sub­stitutes to-day for Monday, which was individual suspension day, under the rule, as just indicated. The Chair has some doubt as to the effect of that substitution; whether it goes to the extent that the Chair may recognize a gentleman to move to suspend the rules during the hours in which the House is in session under the rule on Friday, or whether it is so c omplete a sub­stitution as to abrogate the r eces1 for an evening session and leave the House to adjourn whenever it sees proper. The Chair, therefore, will submit the question to the House. It:is the duty of the Chair to declare the House in recess , under the rule. If the House votes that the Chair shall no t declare the House in recess, the business will prooeed. If the House votes it is the

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5920 CONGRESSIONAL RECORD-HOUSE. JULY 8,

duty of the Chair to declare the House in recess, the Chair will ~eclare it to be i~ recess for the evening session. The question 1s, Shall the Chair under the rule, declare the House in recess until 8 o'clock p. m.?

The question was taken, and the Speaker announced that the noes seemed to have it.

A division was demanded. The House divided; and there were-ayes 71; noes 116. Mr. HALLOWELL. The yeas and nays. The question was taken on ordering the yeas and nays. The SPEAKER. Thirty-seven gentlemen have risen; a suffi­

cient number--Mr. O'NEIL of Massachusetts. The other side, Mr. Speaker. The SPEAKER (after counting the other side). On this

question 37 gentlemen have arisen in support of the demar:.d for the yeas and nays and 165 have arisen in opposition. Not one­fifth have arisen in support of the demand, the yeas and nays are refused.

Mr. JOSEPH D. TAYLOR. I demand tellers. The question was taken on ordering tellers.

-The SPEAKER. Twenty-six gentlemen have arisen; not a sufficient number, and tellers are refused. The Chair accepts the decision of the House and will not declare a recess. The gentleman from Tennessee [Mr. WASHINGTON] is recognized to make the motion stated by him.

Mr. PAYNE. I move that the House do now adjourn. The SPEAKER. The gentleman from Tennessee [Mr. WASH­

INGTON] had been recognized to make a motion to suspend the rules and pass the bill that he has indicated.

Mr. PAYNE. I supposed that the gentleman had made the motion and that it was pending.

GOVERNMENT OF UTAH. The SPEAKER. The motion has not been stated. The gen­

tleman from Tennessee moves to suspend the rules and pass the bill which the Clerk will read.

The bill was read, as follows: Be it enacted, etc., That on Tuesday after the first Monday in November

1892, and biennially thereafter, an election shall be held in the Territory of Utah, in the several election precincts thereof. That at said election the following ofllcer_s shall be elected, to wit: One Delegate in Congress; one governor; one lieutenant-governor; one secretary; one auditor; one treas­urer; one attorney-general; one superintendent of public instruction; three judges_ of the supreme co_urt of said Territory, from the Territory at large; seven JUdges of the distnct court, one to be elected by the electors of each of the judicial districts hereinafter provided; and each district judge shall reside in the district for which he is elected; seven district attorneys one to be elected by each of the judicial districts hereinafter provided, who shan re­side in their respective districts, and shall be learned in the law and have been admitted to practice in the highest court of said Territory; also one probate judge; one county recorder; one county clerk, who shall be ex officio clerk of the district court while sitting in his county and of the probate court; one sheriff; one assessor and collector; one treasurer; three select­men; one superintendent of schools; and one surveyor and one coroner; to be elected in each county in said Territory; also one constable and one jus­tice of the peace, to be elected in each election precinct of said Territory . All the foregoing o:fllcers shall be citizens of the United States and citizans and residents of the Territory of Utah.

SEc. 2. That the ofllcers elected at such election, other than the Delegate in Congress, shall qualify and enter upon the duties of their respective o:fllces on the 1st day of January, 1893, and the term of ofllce of the present in­cumbents of each and all of said offices shall expire on that day, or as soon thereafter as their successors shall be commissioned and qualified, and not sooner. And said officers so elected, sl!-all hold their ofllces for two years and until their successors are elected and qualified.

SEc. 3. That there shall also be elected at said election twelve members of the legislative council and twenty-four members of the house of representa­tives, to be elected from the several districts as at present constituted; but the Legislative Assembly shall redistrict the Territory and reapportion the mem­bers to the legislative council and house of representatives: Provided, That in such reapportionmel}t the memb~rs shall be apportioned among the coun­ties of the Territory according to popUlation into, as near as may be, equal and, wherever practicable, single CUStricts.

SEC. 4. That there shall be a. meeting of the Legislative Assembly herein provided for on the first Monday in January, 1893", and on the first Monday in January biennially thereafter.

SEC. 5. '!'hat the salary of the several Qfficers elected as herein provided shall be as follows: The governor, $4,000 per annum; the lieutenant-gov­ernor, $1,000 per annum; the secretary, $3,000 per annum; the auditor, $3,000 per annum; the treasurel",. $2,000 per annum; the attorney-general, $3,000 :per annum; the superintenden1rof public instruction, ~.400per annum; the JUdges of the supreme court, each $4,000 per annum, and the judges of the district courts, each $3,500 per annum; the district attorneys each not to ex­ceed $2,500 J?6r annum, the amount for each of the several districts to be fixed by the Leg1Slative Assembly. All to be paid out of the Ten·itorial treasury of said Territory. The members of the Legislature shall each receive $6 per day for a term not exceeding sixty days in any two years, and 25 cents per mile for each mile necessary to be traveled in going from their respective frlaces of residence to the capital of said Territory, to be paid out of the Territorial treasury. These salaries, excepti the compensation of the mem­bers of the Legislature, may be changed by the Legislature, but such change shall not take effect until after the next regular election.

SEc. 6. That the executive power and authority of the Territory shall be vested in the governor. The governor shall be an elect6r of said 'l'erritory, over 25 years of age. He shall be commander-in-chief of the militia of the Territory. He may grant reprieves and pardons, and remit fines and for­feitures against the law!! of the Territory. He shall commission all o:fllcers who are appointed or elected under the laws of the Territory, and shall take care thal the laws thereof be faithfulltllxecut.ed. Every bill which hat'> passed the :{.egislative Assembly of tbe Territory shall, before it becomes a law, be presented to the governor; if he ~pproves it he shall sign it, but if not, he shall return it to the house in which it originated, with his objection in­dorsed thereon, and that house shall enter the objections at large on its

jo~nal and proceed to reconsider it. If, aft-er such reconsideration two­thi!ds of that house agree to pass the bill, it shall be sent together with the 9bJections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds or that house it shall become a law. But in all such cases the votes of both houses shall lJe determined by yeas and nays and the names of the persons votin~ for or against the bill shall be entered on the journal of each house. If any bill is not returned by the governor within five days, Sundays excluded, after it is. presented to him, it shall become a la\Y in like manp.er ~s if he had signed It, unless the Legislative Assembly by adJournment Btne dte prevent its return, in which case it shall not be a law. The_ gov~rnor shall have the power to fill all T"acancies in the o:fllces provided form this a:ct until the next general election or until otherwise provided fOI" by the Legislature. All the laws passed by .the Legislative Assembl-y and governor shall be submitted to the Congress of the United States, and 1f dis­approyed shall _be null and of no effect._ Where any judge of the supreme court 1s legally mcompetent to sit in the hearing of any case coming before said court, or where from sickness or other inability any judge of said court; m!!-Y be ~able to attend any session thereof, the governor, upon such fact b~~g certified to him by the court, shall have power to appoint a judge to Sit m the trial ofsuc?- cause or causes or to fill such vacancy for the time beihg.

SEc. 7. That_ the lieutenant-governor shall be ex officio president of the leg­islative council; he shall not vote upon any measure pending before it ex­cept when the cotmcil is equally divided. He shall perform the duties of governor in case of the disqualification, absence from the Territory, or death of the gove~or, and in case the lieutenant-governor shall !rom any cause be absent or disqualified, or shall oo engaged in performing the duties of the govern?r, the pre~ident pro tempot•e of the legislative council shall perform the dut1es of the lieutenant-governor. SE~. 8. That the s~cre~ary shall reoord and preserye all the laws and pro­

ceedmgs ~f the LegiSla~Ive Assembly and all the acts and proceedings of the governor l:ll the executive department. He shall transmit one copy or the laws and JOurnals of the Legislative Assembly within thirty days after the end or each session thereof to the President, and two copies of the laws within like til?1-e to the President of the Senate and Spealrer of the House of Repre­sentatives for the use of Congress. He shall transmit one copy of the executive proceedings on the 1st day of January in each year to the President. He shall_ prepare the acts passed by the Legislative Assembly for publication and furmsh a copy to the public printer of the Territory within ten days after the passage of each act. He shall be the custodian of the Territorial seal and shall attach the same to all writs and commissions issued by t·he governor

SEC. 9. That the auditor shall examine and audit all public accounts con­nected with the pecuniary affairs of the Territory, and shall report the same to the governor on or before the 1st day of November in each year and oftener if required by the governor, and shall deliver to his successor in o!­fi_ce all books, moneys, accounts, and other property belonging to the Ter­ritory so soon as his successor shall become qualified. He shall draw war­rant!;! upon the treasurer for all claims and demands payable out of the Terrttorial treasury.

SEc. 10. That the treasurex shall receive all moneys and other property belonging to the 'l'erritory that may be raised by taxation or otherwise and Shall keep SUitable books, in Which he Shall enter an account Of his receipts and disbursements, to whom made, and on what account. The treasurer shall pay out all moneys that may come into his hands by virtue of his office upon drafts or orders countersigned by the auditor, and shall annually re~ port to the governor on or before the 1st day of December, or oftener if re­q~ired by the governor, a full account of his receipts and disbursements, · ~1th the necessary vouchers for the same, and shall deliver to his successor m o~ce all books, mo;neys, accounts, and other property belonging to the Terntory so soon as his successor shall become qualified.

SEc. 11. That the attorney-general shall prosecute and defend all actions in the supreme court of the Territory, to which the Territory, or the people th~r~of, ~r anY: county, may be P3.!ties, and shall u:pon request, give his opm10n m writmgto any of the Terntorial ofllcers or district attorneys upon any matter touching their public duties; anll shall have general supervision of the conduct ot district attorneys under the direction of the governor to the end that the laws may be strictly enforced. '

SEC. 12. That the superintendent of public instruction shall possess and exercise all powers and duties now imposed by the laws or said Territory upon the superintendent of schools, and also the duties imposed by section 25 of the act entitled "An act to amend an act entitled 'An act to amend sec­tion 5352 of the Revised Statutes of the United States,',. which took effect March 3, 1887. · .

SEc.13. That the judicial power of the Territory of Utah shall be vested in the supreme court, the district courts, the probate courts, and in justices or the peace. The supreme court shall consist of three judges, elected as here­inbefore provided, and they shall, upon the organization of the court elect one of their number chief justice, who shall preside at their sittings.' The supreme court shall have jurisdiction to review upon appeal any decision of the district courts or the judges thereof; and the supreme court or any judge thereof shall have original jurisdiction to issue writs of mandamus certio­rari, prohibition, and habeas corpus; the supreme court shall have authority to is~ue all writs necessary and proper to the complete exercise of its appel­late Jurisdiction. The supreme court shall have original jurisdiction to hear claims against the Territory, but its decision shall be merely recommenda­~ory, and no process in.the nature of execution shall issue thereon, but the Judg~entshall be reported to the next session of the Legislature for its action. The JUdges of the supreme court shall elect some suitable person c,J.erk of said court.

SEC. 14. That the TerritOFY shall be divided into seven judicial districts, as follows, to wit: The counties of Boxelder, Cache, and Rich shall constitute the first district; the counties of Weber, Morgan, and Da.vis shall constitute the second district; the county of Salt Lake shall constitute the third dis­trict; the counties of Tooele, Juab, Millard, and Sanpete shall constitute the fourth district; the counties of Summit, Wasatch, and Uintah shall consti­tute the fifth district; the counties of Utah, Emery, Grand, and San Juan shall constitute the sixth district; the counties of Kane, Washington, Bea­ver, Iron, Sevier, Piute, and Garfield shall constitute the seventh district, and at least one 1ierm of the district court shall be held in each county one& in each year.

SEc. 15. That the district court shall have original jurisdiction in all cases, both-in law and equity, and such jurisdiction upon appeals from inferior courts and tribunals as may be conferred by law, and shall also have origi­nal jurisdiction to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and all V\Tits necessary for the full exercise or the jurisdiction hereby conferred. The county clerk shall be ex officio clerk of the district court and the custodian of its seal. Upon the request of the judge of any district, the judge of another district may hold the whole or any part of a term in a district other than his own, and both judges may sit and try causes at one and the same time, and the acts of such judge so called in shall be of equal force as if he were duly elected i.n said district, and upon the order of the chief justice of the supreme court any district judge shall assist the judge of another district to dispose of the business in such districts or to hold the court in his stead. ·

SEc. 16. That the probate courts shall be courts of record and shall havt

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1892. CONGRESSIONAL RECORD-HOUSE. 5921 original jurisdiction in 2.ll matters of probate, settlements of estates of de­ceased versons, and the appointment of guardians, and other like matters; also junsdiction to hear and determine all causes arising within tnetr coun­ties wherein the debt or damage claimed does not exceed $500, exclusive of interest. 'l'hey shall not have jurisdiction of any cause where the title, boundary, or possession of land is in issue, but shall have concurrent juris­diction with JUStices of the peace in criminal cases. Justices of the peace shall have jurisdiction in all civil causes in wJ;lich the debt or damage claimed, exclusive of interest, does not exceed $300, but they shall not have ;JUrisdiction in any action where the boundaries, title, or possession to any r eal property shall be called in question, and they shall have criminal juris­diction or such misdemeanors as may be prescribed by the laws of the Ter­ritory.

SEc. 17. That the legislative power of the Territory of Utah shall be vested tn the _governor and a Legislative Assembly, consisting of a legislative coun­cil ana house of representatives, and shall extend to all rightful subjects of l~gislation not inconsistent with the Constitution and laws of the United States, but no law shall be passed interfering with the primary disposal of ~qe soU. N<;> taxes shall be imposed upon the property of the United States; nor shall the lands or other property of nonresidents be taxed higher than the lands or other property qf residents. Taxation shall be equal and uni­form, and the taxable property of the Territory shall be taxed in proportion tQ its value, to be ascertained in such manner as the Legislative Assembly mayprovi(le: Provided, however, That special assessmentsforlocalimprove­me:qts may be levied upon such other just and equitable basis as the Legis­lq.tive Ass~mbly may prescribe. No law shall be passed except a majority ot' all the members of each house shall vote therefor, and upon the passage of every law the yeas and nays shall be called and the names of the persons voting for and against the law shall be entered at large in the journal. The Legislative Assembly, after the first election, may, by general law, fix the quf1Jiflcation of voters and of holding office, but they shall not allowanyper­SOJl to vote or hold office who is not a male citizen of the United States resi­dent for six months in the Territory; nor shall the right to vote or hold office be abridged or denied on account of race, color, or previous condition of ~ervitude, t;tor shall the right to vote or hold office ever be conferred upon the soldiers or se~en of the United States except they be bona fide resi­dents of the Territory before enlistment.

SEC.18. 'l'hat n6 member of the Legislative Assembly shall hold or be ap­pointed to any office which shall have been created or the salary of which shall have been ~creased while he was a member during the term feirwhich he was elected, and for one year after ~he expiration of such term, and no person ]J.olding a commission or appointment under the United States shall be a member of the Legislative Assembly or shall hold any office under the government of said Territory. <·

SEC. 19. That all. causes pending in the supreme court of the Territory of Utah on the 1st day of January, 1893, arising under the laws of the Territory of Utah, both of a civil and criminal character, and all special proceedings pending in said court arising under t.he Territorial laws, shall pass over to a,nd be heard and determined by the supreme court herein provided for; and all <;:a uses pending in the said supreme court of the Territory of Utah on the tlrst Monday of January, 1893, and arising under the Constitution and laws ot the United St~tes, shall be transferred to and determined by the circuit court of appeals of the United States for the eighth circuit, and said court is hereby declared to ha,ve jurisdiction of said causes.

SEC. 20. Thl\t all causes arisihg under the laws of the Territory of Utah, which may be pending in the district courts of the respective judicial dis­tricts on the flr~t Monday of January, 1893, shall be heard and determined by t)Je several district courts as follows, to wit: Those from that part of the fourth judicial district comprising the counties of Cache, Boxelder, and Rich, by the first district court; those from that part of the fourth judicial dis~rict comprising the counties of Weber and Morgan by the second district court; those from that part of the third judicial district compriSing the county of Davis by the second district court; those from that part of the third Judicial district comprising the county of Salt Lake by the tllird dis­tri((t court; those fiom that part ot' the third jud.icial district compri~ing the county ot' Tooele by the fourth district court; those from that part of the third Judicial district comprising the county of Summit by the fiftq dist1ict court; those from the second judicial district comprising the counties of Kane, Washington, Iron, Beaver, Garfield, and Piutebytheseventhdistrict court; those from that part ot' the first judicial district comprising the county of Sevier to the seventh district court; those from that part of the first judicial district comprising the counties of Utah, Emery, Grand, and Sf.Ln Juan to the sixth district court; those from that part of theflrst judicial district cq:t;npdsing the counties of Wasatch and tJintah to the fifth district court; those from that part of the firstjudicialdistrictcomprisingthecoun­ties or MUlard, Juab, and Sanpete to the fourth district court; and all causes pending in the several district courts of the Territory of Utah on the firs t Monday in January, 1893, and arising under the Constitution and laws of the United States, shall be heard and determined by the Tertitorial district court hereinafter created.

SEc. 21. That there is hereby created a Territorial district court for the Territory of Utah; sal(!. court shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the circuit and O,istrict courts of the United -states and shall have jurisdiction over all prosecutions in said Territory for violations of any law or the United States. Said court shall hold two terms in each year, and its J>lace of sitting shall be Salt Lake City, in the county or Salt Lake, in said Territory. There shall ba appointed by the President, by a.nd with the ad­vice and consent of the Senate, a judge of said district court, who shall hold his office tor four years, and until his successor is appointed and qualified. The judge of said court shall appoint a Clerke of said court. The salary ot' said district judge shall be $5,000 per annum, to be paid in the same manner as the sa.ll\ries of other district court judges of the United States.

SEc. 22. That the board of commissiollers created by the ninth section of the act of Congress of March 2'2, 1882, entitled "An act to amend section 5352 of the Revised Statutes of·the United States," is hereby abolished, and the duties prescribed by said section and the acts of Congress amendatory thereof shall, until some other or di1Ierent provision is made by the Legisla­tive Assembly, be performed by a board, consisting of the governor, secretary and the three commissioners to select university lands in said Territory. '

SEC. 23. That section 4 ot' the act of Congress, approved June 23 1874 en­titled "An act in relation to courts and judicial o1'llcers in the Territocy of Utah," is hereby r*ealed, and until some other and di1Ierent provision shall be made by the Le lative Assembly it shall be the duty of;the district judges elected as provide in this act to appoint in each county three jury commis­sioners, who shall meet in each county on the second Monday in January of each year and prepare a jury list, which shall contain the names of two hun­dred electors or the county duly qua lifted to serve as jurors. From such Hst the probate ju~ge .and county cferk of such. col?lltY shall, at t~ast ten days prior to the begmmng of any ter111 of the diStnct court, upon order ot' the atstrict judge, draw the necessary number ot' names to constitute a grand or trial jury, or both, if so ?rdered by the district judge. No person shall be competent to serve as a Juror unless he has resided in the county for six months next preceding, is an elector or the county, and can read and write

XXIll--..371

the Eng~h language. If in any county there be less than two hundred qualified electors, then the jury shall be drawn from the whole number of !~~~-tors in the county. - 1'his section shall not take effect until January 1,

SEC. 24. That section 1 of the act of Congress approve:i June 23, 1814, enti­tled "An act in rela.tiou to courts and judicial officers in the Territory of Utah," is hereby repealed. All process issued by the supreme court of the Territory of Utah shall be served by the United States marshal of said Ter­ritory, and he shall be paid therefor out of the Territorial tr easury the same fees and charges that are allowed for like service in cases arising under the Constitution and laws of the United States. All -process from the district courts of said Territory shall be serred by the sheri1I of 1he county in which such process is to be served. Or, if the sheriff be a party to any suit, then process in such suit shall be served by such parson as the district judge may appoint. This section shall take effect January 1, 1893.

SEc. 25. That it shall be the duty of the district att.orneys elected as herein provided to attend upon the district courts in their respective districts and prosecute or defend therein all causes in which the Territory, or the people thereof, or any county, is a party, on behalf of the Territory or people of such county, as the case may be. Sections 2 and 3 of an act of Congress ap­proved June 23, 1874, entitled "An act in relation to courts and judicial offi­cers in the Territory of Utah," are hereby repealed. This section shall tako effect January 1, 1893.

SEC. 26. That all prisoners .in the Territorial penitentiary at Salt Lake City, Utah, and in custody of the United States marshal upon the first Mon­day in January, 1893, serving under sentence or commitment for violation of the Territorial laws, may thereafter be confined in said penitentiary, pro­vided a contract agreeable to both parties be made between the go>ernor of said Territory and the AttornEly-General of the United States ; and all prisoners committed to said penitentiary after that date may likewise be confined in said penitentiary under such contract., provided that the Territorial Legis­lature may at any time provide any other or different place of confinement for said prisoners or make any other or di1Ierent arrangements for their sustenance and confinement. ·

SEc. '1:7. That all laws in the United States in conflict with this act are hereby repealed, and all laws of the Territory of Utah in conflict with this act are hereby annulled.

Mr. PAYNE. Now, Mr. Speaker1 I make the motion that the House adjourn.

Mr. JOSEPH D. TAYLOR. I move to amend that,so as to provide that the House take a recess until 8 o'clock p. m.

The SPEAKER. A motion to adjourn is not amendable. Mr. JOSEPH D. TAYLOR. The rule provides that no dila­

tory motion shall be made, but it permits one motion to ad­journ--

The SPEAKER. A mo~ion to adjourn is not amendable at any' time.

Mr. JOSEPH D. TAYLOR. I move that when the House ad­journs to-day it adjourn until Monday next.

The SPEAKER. The Chair will state to the gentlemanfrom Ohio that under the uniform ruling of the Speakers of the House that motion is not in order. The Chair cited this morning a de­cision made in the Thirty-ninth Congress by the then Speaker on that very question. An appeal was taken from his decision, and the House sustained the decision of the Chair by a vote of 170 to 4. Since that time it has been uniformly held that one motion to adjourn may be made pending a motion to suspend the rules and no other dilatory motion.

Mr. JOSEPH D. TAYLOR. Was not that ruling made with reference to dilatory motions?

The SPEAKER. The Chair thinks the g e ntleman's motion is not in order under the precedents and practic3 of the House. The gentleman from New York [ fr. PAYNE] move3 that the House do now adjourn.

Mr. WASHINGTON. Mr. Speaker, I make the point of or­der that that motion is not in order, for the reason that since I made my motion to suspend the rules and pass this bill one mo­tion to adjourn has been put and defeated.

The SPEAKER. Since the gentleman was recoo-nized? Mr. WASHINGTON. Yes, sir. c

The SPEAKER. The Chair thinks there must be some error about that.

Mr. PAYNE. Mr. Speaker, I rose tomakethe motion, butthe Chair stated that he had recognized the gentleman from Tennes­see [Mr. WASHINGTON] to move to suspend the rules, and I with-held my motion. ·

The SPEAKER. Yes; the gentleman from New York [Mr. PAYNE] rose to make the motion that the House adjourn, and the Chair stated that he had r e cognized the gentleman from Tennessee [Mr. WASHINGTON] to move to suspend the rule s and pass a certain bill, but would recognize the gentleman from New York [Mr. PAYNE] to make his motion afte r the bill was read. The Chair thinks the gentleman from Tennessee is mistaken and that the gentleman from New York has the right to submit his motion at this time.

The question was taken on the motion of Mr. PAYNE thatthe House do now adjourn, and the Speaker declared that the noes seemed to have it.

Mr. PAYN:m,. I ask for a division. The House divided; and there were-aye s 31, noes 134. Mr. PAYNE. I ask for tellers. Tellers were refused, only 31 members voting in favor thereof. Mr. PAYNE. I demand the yeas and nays . The question was taken on ordering the yeas and nays, and

they were refused.

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5922 CONGRESSIONAL RECORD-HOUSE. JULY 8,

l\1r. PAYNE. I demand tellers on ordering the yeas and nays.

Tellers were ordered on the question of ordering· the yeas and nays on the motion of Mr. PAYNE that the House do now ad­journ, and the Speaker appointed Mr. PAYNE and Mr. WASH-INGTON. .

The House divided; and the tellers reported-ayes 34, noes 158. ·The SPEAKER. Tile yeas and nays are not ordered; tellers

have been refused; and the motion to adjourn is rejected. Mr. PAYNE. I demand a second on the motion to suspend

the rules. Mr. WASHINGTON. I ask unanimous consent that a second

be considered as ordered. Several members objected. The SPEAKER. The Chair appoints the gentleman from

New York[Mr. PAYNE] and the gentleman from Tennessee [Mr. WASHINGTON] as tellers.

Mr. PAYNE. I ask that the gentleman fromiowa[Mr. PER­KINS] be substituted for myself as a teller. He rose.as I did to make the demand for a second.

The SPEAKER. The gentleman from Iowa will be substi­tuted.

The House divided; and the tellers reported-ayes 166, noes 1. The SPEAKER. A second is ordered. The Chair recognizes

the gentleman from Tennessee [Mr. WASHINGTON] to control the time--

Mr. REED. I believe no quorum has voted. There was no negative vote.

The SPEAKER. The tellers reported one vote in the nega­tive.

A MEMBER. The gentleman from Iowa [Mr. PERKINS] voted in the negative.

Several MEMBERS. No, he did not vote. A MEMBER. He says he did. The SPEAKER. That was the report. Mr. PERKINS. Mr. Speaker, I withdraw my vote. The tellers resumed their places; and, two more members hav-

ing voted, the report was made-ayes 168! noes none. · So the motion was seconded. Mr. BURROWS. Mr. Speaker, this is an important matter.

I think we ought to have the presence of the entire body before a vote is taken. I move a cali of the House.

Mr. DOCKERY. I ask for the regular order. Mr. BURROWS. I move a call of the House . Mr. DOCKERY. I make the point of order that the motion

is not in order under the rules. The SPEAKER. The Chair will cause the rule to be read. TB.e Clerk reaa as follows:

Pending a motion to suspend the rules the Speaker may entertain onemo­tion that the House adjourn; bnt after the result thereon is announced he shall not entertain any other dilatory motion till the vote is taken on sus­pension.

Mr. BURROWS. Now, Mr. Speaker, I do not make this as a dilatory motion. [Derisive laughter on the Democratic side.] This guffaw is no answer to my motion, of course. It is a well­settled principle of parliamentary law that the House has the right at any time to have the presence of all its members; and it is universally held that a call of the House is always in order, except in those cases where the previous question has been or­dered upon a proposition; then a motion for a call of the House is not in order if the Speaker ascertains by an a-ctual count that a quorum is present.

Mr. REED. I unde1·stood in the last Congressfrom prominent persons whom I now see here that itwas impugning the motives of a gentleman to call his motion "dilatory."

.Mr. BURROWS. At this time, Mr. Speaker, upon this very grave proposition to change the government of the Territory of Utah, it appears by the vote just taken there is barely a quorum of the House present.

A MEMBER. Because the Republicans did not vote. Mr. BURROWS. I claim that it is the right of the House,

upon the motion of any member, to require theattendance of ab­sent members before a vote is taken on this proposition. I therefore, under the recognized rule of parliamentary law, move a call of the House, with the view of ascertaining the absentees and securing their attendance.

It will be observed that under the rule which the Speaker has caused to be read one motion• to adjourn is in order pending a motion to suspend the rules, and beyond that no further dilatory motion can ba entertained. If the Chair shall hold that my motion is a dilatory motion, then I grant it is not in order; but I say to the Chair that it is our right to have absent members brought here, and I make this motion, not for the purpose of delay, but for the purpose of securing the attendance of absent members, whether Republicans or Democrats, who have absented them­selves. I therefore move a call of the House.

Mr. WASHINGTON. Before the gentleman takes his seat I wish to ask him a question.

Mr. BURROWS. Certainly. Mr. WASHINGTON. Do you deny that on the last yote, or

one of the last votes, it was demonstrated that out of the eighty­odd members on your side who ought to be here thirty-three passed between the tellers in addition to the quorum furnished by the Democratic partv? Do you deny the fact that you are yourself here'!" [Laughter.]

Mr. BURROWS. Well, I am not asking a call of the House to ascertain om· presence. We know that we are h ere. But I make this motion with a yiew of securing the attendance of ab­sent members and the right to have a call of the House-­[Cries of" Regular order!"]

The SPEAKER. The House will be in order. The gentle-man from Michigan is entitled to be heard.

Mr. BURROWS. I supposed I was in order. Mr. REED. And this is a" deliberative" body. [La.ughter.l Mr. BURROWS. I need notrepeatthatwhich the Chair will

of course recognize as a fundamental principle of parliamentary law, that a call of the House is always in order. There is no question of that. The only exception is that provided in the rule, where the previous question has been ordered on a proposi­tion, then a call of the House is not in order if, on a count by the Speaker, a quorum is present.

Now, if the 1:ule provided that pending a motion to suspend the rules a mot1on for a call of the House should not be in order if a quorum was present, I grant you the motion could not be made. But there is no such exception in the rule; and can there be anything more important than that the entire membership of the body shall be present when a motion is pending to sus­pend the rules upon an important proposition such as that now ponding, and especially when it is disclosed on the last vote that barely a quorum is present?

I insist, therefore, that the motion. is in order, unless it be held by the Chair to be dilatory under the rule authorizing a suspension. [Cries of "Regular order!"]

Mr. REED. If the Chair will permit me a moment. [Cries of "Rule! " " Rule I "]

The SPEAKER. The gentleman from Maine desires to be heard.

Mr. REED. Allow me to congratulate the House--Mr. O'NEIL of Massachusetts. Regular order. Why do you

congratulate the House on a question that has not been put? Mr. REED. I congratulate the House on the present situa-

tion. • Mr. O'NEIL of Massachusetts. I demand the regular order. The SPEAKER. 'Nle gentleman from Maine desires to dis·

cuss the question which has been raised, and is entitled to the floor.

Mr. REED. I rise to speak to the parliamentary question. Mr. ROCKWELL. I rise to a question of order. [Cries of

"Regular order!"] Mr. REED. I have no doubt that the Chair can preserve

order upon the floor. Mr. ROCKWELL. The gentleman from Maine is111ot present

in the House, and is no part of the quorum. He has no right to be heard.

The SPEAKER. The gentleman from Maine will proceed. Mr. REED. The gentleman from New York is witty. I desire to congratulate the House on the present situation.

We see, when an opportunity is desired to have all the mem­bers present to perform important legislation, that we shall have on the part of the Chair a resort t'J the great principle which prevailed in the Fifty-first Congress, that a motion in obstruc­tion of public business, even when not intended to be such by the gentleman who makes it, is a dilatory motion.

Mr. HOAR. W~ that your principle? [Laughter.] Mr. REED. I had many principles. Mr. HOAR. Was that one of them? Mr. REED. Thatwasoneof them. [Laughter and applause.] The SPEAKER. Tho Chair is ready t<J rule on this ques-

tion. The rule provides that pending a motion to suspend the rules the Speaker may entertain one motion that the House ad­journ, but after the result thereon is announced he shall not en­tertain any other dilatory motion until the vote is taken on suspension. In this case one motion to adjourn has been made and voted down by the House, and the gentleman from Mich­igan now moves a call of the House.

It appears from the report of the tellers that more than a quorum of the members is present, so that there is a House for the transaction of business. The Chair will read a decision, or the effect of a decision, referred to in the Digest of the second session of the Thirty-ninth Congress:

Pending the motion to suspend the rules so as to take an immediate vote on a proposition, a motion for a recess is not in order.

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1892. CONGRESSIONAL RECORD-HOUSE. 5923 The compiler of the Digest says:

This decision of the Speaker was sustained on appeal by yeas and nays, there being yeas 172, and nays 4; and it would seem to liave aettled the question that pending a similar motion dilatory motions, such as had been previously tolerated, would not be entertained by the House.

The Speaker then held that a motion for a recess was a dila­tory motion, and that decision was sustained on appeal, as shown. There being now present a quorum, reported by the tellers, the Chair is of opinion that, whatever might be the intention of the ·gentleman from Michigan, within the meaning and spirit of this rule the effect of his motion is dilatory in this, that it de­lays the House, a quorum being present, from the opportunity to vote on this pending motion to suspend the rules. [Applause on the Democratic side.] Therefo>;~, without at all impugning the motives of his friend

from Michigan [Mr. BURROWS], the Chair thinks that within the spirit of the rule it is a dilatory motion, and the Chair can not entertain it.

Mr. REED. I congratulate the House that we are now all in accord upon this dilatory business at last. [Laughter.]

Mr. BURROWS. Mr. Speaker, I conceded at the outset that if the Chair should hold the motion dilatory, of course it would not be in order under the rule; but I still insist, if the Chair will pardon me, that, although a motion to suspend the rules is pend­ing, a call of the House is not like a motion for a recess, which would be clearly dilatory; but that a call of the House is solely for the purpose of securing the attendance of absent members to vote upon a pending proposition, and can not therefore be held dilatory. I shall therefore be obliged, with all respect, to ap-. peal from the decision of the Chair.

Mr. 0 NEIL of Massachusetts. And I move to lay the appeal on the table.

The SPEAKER. Before submitting the appeal the Chair de­sires to say that while the Chair recognizes the fact that it1is within the power of the House to send for absent members, yet if that motion for a call of the House rriight be made and enter­tained at any time when one or more or a dozen or twenty mem­bers are absent, the gentleman can see that there could possibly be no motion that could be used more readily for a dilatory mo­tion than the motion for a call oJ the House. [Applause on the Democratic side].

Mr. BURROWS. Igrant,if theSpeakerplease, thatthatmay be so, and therefore the rules of the present House have taken care to provide that that motion shall not be made after the pre­nous question has been ordered on a proposition.

The SPEAKER. This is a motion to suspend the rules of the House, and, in the language of the gentleman from Maine [Mr. REED] when Speaker of the last House--

A motion to suspend the rules waives and suspends all requirements and pro':i5ions of the rules and brings the House to an immediate vote on such mot1on.

[Applause on the Democratic side.] Mr. REED. You will have occasion to applaud me a great

deal more hereafter. The SPEAKER. The Chair holds, under the circumstances~

without again stating them, hat the motion of the gentleman from Michigan [Mr. BURROWS] is not in order; and from that decision the gentleman from Michigan [Mr. BURROWS] appeals.

Mr. O'NEIL of Massachusetts, Mr. WASHINGTON, Mr. DOCKERY, :Mr. TUCKER, and others moved to lay the appeal on the table.

The question being taken on the motion to lay the appeal on the table , the Speaker annouced that the ayes seemed to have it.

On a division (demanded by Mr. BURROWS) there were-ayes 156, noes none.

Mr. BURROWS. This is an important matter, Mr. Speaker, and I insist and make the point that there is no quorum.

The SPEAKER. The gentleman from Michigan makes the point that no quorum has voted, and the Chair a12points as tel­lers the gentleman from Michigan [Mr. BURROWSJ and the gen­tleman from Tennessee [Mr. WASHINGTON].

The House divided; and the tellers reported-ayes 168, noes none .

The SPEAKER. The appeal is laid upon the table. The Chair will recognize the gentleman from Tennessee [Mr. WASH­INGTON] to control fifteen minutes in favor of the proposition, and the gentleman from Iowa [Mr. PERKINS] to control the time in opposition.

Mr. WASHINGTON. Mr. Speaker, I reserve my time. Mr. HOPKINS of illinois. Mr. Speaker, would it be in order

to ask for the reading of the report of the committee? The SPEAKER. That can be done as a part of the debate. Mr. HOPKINS of-Illinois. Can it not be done without being

taken out of the time for debate? The SPEAKER. No; it must be done as a part of the debate.

The gentleman from Iowa [Mr. PERKINS] is recognized. Mr. REED. Mr. Speaker, it has ·always been the custom of

this House for a gentleman presenting a bill to give some expla­nation of it; and here is a bill of o.ne hundred sections that the gentleman from Tennessee does not propose to say a word about­a most shameful exhibition. [Laughter.]

The SPEAKER. Of course that is a matter which the Chair can not control. The gentleman from Iowa 1)1r. PERKL~S] is recognized, and the House will please be in order.

Mr. PERKINS. Mr. Speaker, I have no disposition to occupy very much time under these conditions. If in truth this is a de­liberative body--

Mr. BURROWS. Mr. Speaker, I r ise to a question of ordei·. The SPEAKER. The gentleman will state it. Mr. BURROWS. There is so much confusion that it is im­

possible to hear. The SPEAKER. The point of order is well taken, and-­Mr. BURROWS. I hope the gentleman will not address the

House until it is in order. The SPEAKER. Gentlemen will please take their seats.

The gentleman can not be heard while there is so much confu­sion.

Mr. TUCKER. The force bill was passed in the same way. Mr. BURROWS. Copy our virtues once in a while. Mr. TUCKER. If you had any. we would. [Laughter on the

Democratic side.] Mr. BURROWS. Our vices will adorn you some. [Laugh­

ter on the Republican side.] Mr. PERKINS. U this, Mr. Speaker, be a deliberative body

[laughter], I have to regret as a matter of curiosity, if nothing else, that I had not a more intimate acquaintance with the Fifty­first Congress. [Cries of "Oh!" on the Democratic side.]

Mr. BURROWS. Oh, take it. A l\iEMBER. Take your medicine. Mr. PERKINS. I propose to address myself for a few mo­

ments to this bill, idle as it is to hope for delibarative considera­tion. I dare say not one in twenty-five memb3rs here knows the contents of the bill, or has read the report o:a the bill.

A MEMBER. I am one. Mr. PERKINS. The complaint is made, Mr. Speaker, that

the Territorial relation is anomalous, and we are appealed to to change that relation; and yet at the same time this bill proposes to create a condition wholly unique, a condition never before heard of in the history of the United States. The proposition is not for Statehood; and it would be better if it were. I would much prefer to vot3 here to-day for the admission of Utah as a State than to vote for this bill. The purpose oi the measure EO

unceremoniously brought to the att::mtion of the House is not to establish a closer relation between the Federal Government and Utah, but to sever, so far as maybe, the relations that already ex­ist. It is proposed here, under a suspension of the rules and un­der whip and without debate and withoutopportunityforamend­'ment, to determine a contention that has existed for a period of more than forty years between the Mormon Church and the Gov­ernment of the United States. The prediction of one of the bishops of that church in the jubilee year is being verified. He ~d: .

Our vote is solid, and will remain so. It will be thrown where the most good will be accomplished tor the church. Then in some great political crisis the two present political parties will bid for our support. Utah will then be admitted as a State, and the other Territories we shall have peacefully sub­jugated will be admitted also.

The church seems to have found the bidding party now. Mr. LIVINGSTON. That is the third party, I suppose. Mr. PERKINS. Not until Septembar 25, 1890, the date of the

oft-quoted manifesto, was there any pretense on the part of the Church of Jesus Christ of Latter Day Saints that there had been abandonment of the teaching of polygamy. President Wood­ford, more than a year later, explaining the revelation under which the manifesto was issued, felt compelled to defend against the suggestion that lie had" lost the spirit of God."

In the petition for amnesty, filed with the President of the United States and bearing so recent a date as December 19,1891, there is confession that for forty years the church had been in rebellion against the"Government of the United States.

In Ma:y of last year the People's party, an organization under the dommation of the Church in Utah, dissolved in a day with the avowed purpose of uniting with the old parties. The record of the vote since that ,time, however, shows that the church in politics is as compact a body as ever before.

Now it is proposed to relieve the Territory of Utah of any con­trol or dictation on the part of the United States, and to turn the government of affairs completely int6 the hands of the Mor­mon Church. I say it is an outrage upon our civilization; it is an outrage upon the Christian spirit of this country; it is an out­rage on the Gentile population in that Terri tory who have gained posses:Sion of Salt Lake and Ogden, and who have contributed so largely to the prosperity of the country. It turns them over

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5924 /

CONGRESSIONAL RECORD- HOUSE. JULY 8,

completely to the domination of this church power. It is pro­posed here to perpetuate and recognize a theocracy; and that is-­said to be in harmony with the interests of that country, while both Democra~s and Republicans in the Territory of Utah, who are not Mormons, are protesting against this action. Say polyg­amy has been abandoned! I say we should have a crop of the AmBrican spirit and civilization in the Territory of Utah be­fore we break down the barriers we have upheld there for so many years against that people. Much more than the question of polygamy is involved.

I am willing and anxious at any time, and the minority of the commit tee, in the views they have submitted in connection with the re-port on tpis bill, have made a like expression, to admit Utah to statehood in this Government whenever the relations of Utah and the l)eople of these States will warrant and not be­foro.. But we are brought at once, against the protBst of the Gent'n.e populat ion, to the proposition of abandoning the cont3st we have so long upheld and at once turning the government of Utah com-plet3ly over to the keeping of the Mormon people, de­barring ourselves from all direct interference and the friends of the Government there from all direct protection.

What is the proposition of the bill? Simply to create a gov­ernment for the Territory of Utah independent of the Federal Government, as a State and yet as a Territory. The purpose is to emasculate from our control the system under the Utah Com­m~sion and permit these people to elect their own government, to select their officers as a State, to have all the prerogatives and powers of a State so far as its own government is concerned, and thus secure the coveted independence of interference ori. the part of the United States. The power is to remain, it is only fair to state, if Congress at any time shall be dissatisfied and the two Houses can agree upon a proposition, to place Utah in some other condition or relation.

But the contention in this bill is for independence now of Fed­eral dictation. This bill framed in a law office in Salt Lake, is for the purpose of ridding Utah of the interference of the United States. Let those who will answer why the authority of the Gov­ernment has become hateful to the majority in Utah. Having fought all along the line, suffered imprisonment, suffered c:::m­fiscation of their property in support of their theory of divine inspiration and of daily communication from God to the presidency of the church, which dominates in t emporal affairs as in spiritual, and now having been driven into a corner under the force of law, this device is conceived, in the last moment, for the purpose of escaping from the further dictation and interference of the Gov­ernment of the United StatBs. I protest again tit, Mr. Speaker.

!yield five minutes to the gentleman from Maine [Mr. REED]. Mr. CULBERSON. Befo:e the gentleman sits down I desire

to ask him a question. If I underatand this bill it does not turn over to the control 9f the court the violations against the laws of tlie United States, but it provides for a United States district court to sit in the Territory in addition to the Territorial court, and that that court shall have jurisdiction of all offenses against the United States law.

1r. PERIUNS. Precisely, as in the relation of a State. They p ::-opose to give these people all the prerogatives of statehood except that there is to be a string to it which Congress may pull at some future time, and except that they are to have no representation upon the floor of Congress other than what they have now.

Mr. CULBERSON. I do not wish to take up the gentleman's time, but I will try to get three minutes to yield back to him.

Mr. PERKINS. They have fifteen minutes on the other side. I yield the remainder of my time to the gentleman from Maine [Mr. REED]. (Applausa.]

. Mr. REED. I reserve my time. [Cries of" Vote." "Vote!"] Mr. WASHINGTON. Mr. Speaker, just one statement, and

then, so far as this side is concerned, we are ready to vote. I was astonished to hear my colleague on the committee state that this bill changed the condition of affairs in Utah so as to turn the entire control of the Territory over to the Mormon Church. There is nothing in the bill that can accomplish that end. This bill simply allows the people of the Territory of Utah, in addi­tion to their legislative and other officers whom they now, under the organic law, elect, to choose their executive officer and some seven or eight judges to comprise a supreme court and district Territorial court.

Mr. BOATNER. Will the gentleman permit a question? Mr. WASHINGTON. Wait a moment. These judges are to

have control only of such matters as originate in the Territory between citizens of the Territory. There i::; to be a United State_s district judge over the Territory of Utah, one only, instead of four, as at present; but that one is t~ have all the authority to en­force the laws of the United St.ates against polygamy and all other offenses, civil and criminal, that is now possessed by the four. The Edmunds-Tucker l~w will be in as full force and effect

after the passage of this bill as it has been ever since its enac~­ment in 1882. This is simply a Democratic measure to give a community which has been unjustly branded for years the right to control its local affairs, and the opposition to this bill comes only from those who believe that these poor people, who have gone thousands of miles into the desert and made it to blossom as a r ose, are supposed to ba Democrats.

Thatis the reason, and the only reason, of the opposition. No Democrat came before the Committee on Territories ·to protest against this bill, not one. One man appeared who claimed to be a Democrat, but he went to Chicago and demanded admittance to the national convention as a Democrat, and was refused ad­mittance. He called himself a ''Liberal."

All the Democratic Gentiles of that Territory indorse this law, not becausa they do not believe that the p eople of Utah are en­titled to full fellowship in the Union of States, but because they know that by such men as my friend from Iowa [Mr. PERKINS] and others, who harbor that passion and prejudice born of ia no-rance, Utah is not believed to be fit for statehood. c

For that reason only they ask this little measure of self-gov­ernment. If it is granted, within the next two years, or may be four years, they know that they can prove to the satisfaction of the people of the other forty-four States that they are fit to be intrusted with all the powers of a sovereign State in the Union . [Applause.] That is why they ask the passage of this bill. I reserve the balance of my time. [Cries of "Vote!" "Vote."l

.Mr. REED. Mr. Speaker, I have always a desire, if possible, to speak to the point, and, if possible, to convey some views which I entertain upon the subjects that I undertake to discuss; but I find myself this evening in a position where it is next to impos­sible to do so. Without the slightest warning to the House there has been precipitated upon it, very late in the day, by atumulu­tuous majority, a proposition which, thus far, has had no other consideration than that which resulted from the reading of the bill by the Clerk in such a manner as not to occupy any more time than was absolutely necessary for the enunciation of the syllables [laughter], accompanied by such nois9 and confusion as rendered the reading entirely impossible of comprehension.

When I compare this transaction with the solemn character of the legislation which this is intended to overthrow, legisla­tion which had the sanction of a careful examination by the Ju­diciary Committee and a deliberate examination, continued through many days, on the part of the House itself, comprehend­ing not only the legislation of a sin~le session but of many years carefully matured, I must say that 1t is my duty to bear witness here and now to the inferiority of a "delib3rative body" con­stituted as this seems to be. [Laughter].

I do not think anything in the bad old days of two years ago could by any possibility equal this in its character or in its con­sequences, if 1t were liable to go any further. As it is: it is going to be the only blind expression of the Democracy of this country that they should go into as close partnership as they can with the inhabitants of the Territory of Ut.ah. I realized how fully that was so when two things happened: First, the gentleman from Tennessee fMr . WASHINGTON J remained silent. He did not care to explain his biU until it was explained from another point of view; and then I heard the old familiar and beautiful cry about their having " made the desert to blossom as the rose. ' The last time I heard that it came from the Delegate from U tab, who was expressing the sentiments of his people, and he did it quite as finely as did the gentleman from Tennessee, although the gentleman from Tennessee has had the ad.vantage of a number of months opportunity to improve upon it. [Laughter.]

There is no ex_planation of this bill. There is no statement of its character. It is a proposition to restore the e people to the situation in which we found them. Now, we had no objection t9 them as citizens. Our objection to them was that they h !ld es­tablished a theocracy which rendered them incompatible with the general course oi civilization in the United States. So far as their power extended they prevented this country from be­ing a homogenous country with the same lines of civilization passing all over the Terl'itory. Now, thera is not a shadow of evidence to show that that condition has so radically changed that we ought to change our legislation and give them back the power which, without partisanship, simply as American citizen , we took away from them. [Applause on the Republican side.]

The SPEAKER. The time of the gent.Ieman has expired. fCries of "Vote! Vote!] . The SPEAKER. The question is on the motion of the gen­

tleman from Tennessee [Mr. WASHINGTON] to suspend the rulas and pass the bill.

The question being taken, the Speaker announced that the ayes seemed to have it.

Mr. TAYLOR of Illinois and Mr. REED demanded a divi-sion. .

The H ouse divided; and there were-ayes 146, noea 0.

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1892. CONGRESSIONAL RECORD- HOUSE. 5925

Mr. BURROWS. No quorum. Mr. WASHINGTON. I ask for the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 164, nays 41, not

voting 123; as follows: . YEAS-164.

Abbott, Cobb, Ala. Alexander, Cobb, Mo. Andrew, Coburn, Arnold, Coolidge, Babbitt, Covert, Bailey, Cowles, Bankhead, Cox. Tenn. Barwig, Crawford, Beltzhoover, Crosby, Blanchard, CUlberson, Bland, Cumming~, Blount, Daniell, Boatner, De Armond, Bowman, De Forest, Branch, Dickerson, Breckinridge, Ark. Dixon, Bretz, Dockery, Brickner, Donovan, Brookshire, Dungan, Brunner, Durborow, Bryan, Edmunds, Buchanan, Va. Ellis, Bullock, Enloe, Bunn, Epes, Bunting, Everett, Busey, Forman, Bushnell, Forney, Butler, Fowler, Bynum, Gantz, Cadmus, Goodnight, Caminetti, Grady, Campbell, Hallowell, Capehart, Hare, Caruth, Harries, Castle, Hatch, Catchings, Hayes, Iowa Cate, Haynes, Ohio Chipman, Heard, Clancy, Hemphill, Clark, Wyo. Henderson, N.C. Clarke, Ala. Ho:tr,

Holman, Hooker, Miss. Houk,Ohio Jo'.mson, Ohio Johnstone, S.C. · Jon(s, Kilgore. Kribbs, Kyle, Lane, Lanham, Lapham, Lawson, Va.. Lawson, Ga. Layton, Lester, Va. Lester, Ga.. Livingston, LockwoOd, Long, Lynch, Mallory, Mansur, Martin, McClellan, McDonald, McGann, McKeighan, McKinney, McMillin, McRae, Meredith, Miller, Montgomery, Moore, Moses, Mutchler, O'Ferrall, O'Neill, Mo. Owens. Page,R.L

NAYS--41. Amerman, :ijaker, Belknap, Bowers, :Brosius, Burrows, Caldwell, Cutting, Davis, Do an, Dolliver,

Enochs, Hall, Halvorson, Henderson, Iowa Hitt, Hooker, N.Y. Hopkins, Ill. Houk,Tenn. Johnson, N.Dak. Jolley, Loud,

O'Neill, Pa. Otis, Payne, Perkins, Post, Powers, Ra1nes, Reed, Robin son, Pa. Seer ley, Smith,

NOT VO'r!NG-123. Alderson, Dalzell, Ketcham, Allen, Dingley, Lagan, Atkinson, Dunphy, Lewis, Bacon, Elliott, Lind, Bartine, English, Little, Beeman, Fellows, Lodge, Belden, Fitch, Magner, Bentley, Fithian, McAleer, Bergen, Flick, McCreary, Bingham, Funston, McKaig, Boutelle, Fyan, Meyer, Brawley, Geary, Milliken, Brecldnridge, Ky. G eissenhainer, Mitchell, Broderick, Gillespie, Morse, Brown, Gorman, Newberry, Buchanan, N.J. Greenleaf, Norton, Byrns, Griswold, Oates, Cable, Grout, O'Donnell, Causey, Hamilton, O'Neil, Mass. Cheatham, Harmer, Outhwaite. Chapin, Harter, Pattison, Ohio Clover, Hauaen, Peel, Cockran, Henderson, Ill. Pendleton, Cogswell, Herbert, Pickler, Compton, Hermann. Quackenbush, Coombs, Hopkins, Pa.. Randall, Cooper, HuJr, Ray, Cox, N.Y. Hull, Rayner, Craig, Pa. Johnson, Ind. Reyburn, Crain, Tex. Kem, Richardson, Curtis, Kendall, Rife,

Page,Md. Parrett, Patterson, Tenn. Patton, Paynter, Pearson, Pierce, Price. Reilly, Robertson, La.. Sayers, Shell, Shively, Snodgrass, Stevens, Steward, Ill. Stewart, Tex. Stone, Ky. Stout, Stump. Tarsney, Terry. Tillman, Tracey, Tucker, Turner, Turpin, VanHorn, Warner, Washington, Watson, Wheeler, Ala. White, Whiting, Wike, Willcox, Williams, Mass. Williams, N.C. Willia.ms, Ill. Wilson, Mo. Wise.

Sperry, Stone,c.w. Sweet, Taylor, Ill. Taylor, Tenn. Taylor, J.D. Taylor, V. A. Waugh.

Rockwell, Rusk, Russell, Sanford, Scott, Scull, Shonk, Simpson, Snow, Springer, Stahlnecker, Stephenson, Stockdale, Stone,W.A. Storer, Taylor, E . B. Townsend, Wadsworth, Walker, Warwick, Weadock, Wever, Wheeler, Mich. Wilson, Ky. Wilson, Wash. Wilson, W.Va. Winn, Wolverton, Wright, Youmans.

So the motion to suspend the rules and pass the bill was agreed to, two-thirds voting in favor thereof.

The Clerk announced the following additional pairs: For the rest of this day: Mr. O'NEIL of Massachusetts with Mr. COGSWELL. Mr. WEADOCK with Mr. CURTIS. Mr. OUTHWAITE with Mr. SCULL. Mr. CRAIN of Texas with Mr. LIND. Until Tuesday next, except on the silver question: Mr. GEISSENHAINER with Mr. WRIGHT. Mr. RAY. Mr. Speaker, I desire to make a parliamentary in­

quiry. The SPEAKER. The gentleman will state it. Mr. RAY. Is this regarded as a political question?

The SPEAKER. The Chair could not determine that. Mr. RAY. I am paired with the gentleman from New York

[Mr. LITTLE] on political questions. If this is a political ques­tion, I desire to withdraw mv vote. I think I will withdraw it.

The SPEAKER. The gentleman from New York [Mr. RAY] withdraws his vote.

Mr. WRIGHT. I am paired with the gentleman from New Jersey [M1'. GEISSENHAINER]. If he were present he would vote '' yeJ.," and I would vote ''nay."

The result of the vote was then annotmced as above recorded.

SAFETY OF EMPLOYES OF TRAVELERS UPON RAILROADS.

Mr. O 'NEILL of Missouri. Mr. Speaker, I move to suspend the rules and pass the bill (H. R. 9350) to promote the safety of em­p~oyes and trav~le!'S upon railroads by compelling common car­riers engaged. m mterstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes , and for other purpcses.

The bill was read, as follows:

Be it e-nacted, etiJ., That on and after the 1st day of July, 1893, it shall be un­lawful for any common carrier engaged in interstate commerce by railroad to put into use on its line any new locomotive to be used in moving inter­state tramc that is not equipped with power driving-wheel brakes.

SEC. 2. That from and af~r the 1st day of July, 1895, it shall be unlawful for l!>llY ~uch common carrier. to use on. its line any locomotive engine in movmg mterstate tramc that 1s not eqmpped with a power driving-wheel brake so arranged as to be operated in connection with the train-brake system.

SEC 3. That on and after the 1st day of July, 1895, it shall be unlawful for any such common carrier to use on its line for the purpose of moving inter­state tramc any new car or any old car that h~ been to t.he shops for gen­eral repairs to one or both of its drawbars that is not equipped with anto­matic couplers of the standard designated under and in accordance with the provisions or this act. ~

SEc. 4. That on and after the 1st day of July, 1898, it shall be unlawful for any such com~on cal;'rie:r; to haul or permit to be hauled or use<i. on it:. line any car ~sed m movmg u;tterstate t.ramc unless such car is equipped with automatic couplers of the standaxd designated under and in accordance with the provisions of this act. -

SEc. 5. That on and after the 1st day of July, 1895, no such common carrier shall p~t into use or haul or permit to be hauled on its line for the trans­portation of interstate freight tramc any new car belonging or leased to it or any old car belonging or leased to it which subsequent-ly to the passaae of this act has been sent to its shops for general repairs, unless such car is equipped with brakes for each wheel and with train-brake apparatus of such a nature that the brakes can be set and released from the locomotive.

SEc. 6. That on and after the 1st day of July, 18~8, no such common carrier shall haul or permit to be hauled on Its line for the transportation or inter· state freight tramc any car which is not equipped with brakes for each wheel and with a train-brake apparatus of such a nature that the brakes can be set and released from the locomotive.

SEc. 7. ?-'hat on or bef?re the 1st day of July, A. D. 1893, every such com­mon earner shall file With the Interstate Commerce Commission in Wash­ington a statement certified to under oath by the president and clerk of the corporation, as the aotion of said corporation through its.-board of directors setting forth such details with reference to the height, form size and mech~ anism of freight-car couplers as it deems essential in order' to m'sure requi­site uniformity, requisite automatic action, and requisite safety in serviCe and also stating the number of freight cars owned by it and under its con~ trol, and also the number of other cars underits control by lease on the 30th of June, 1892, exclusive of those used solely for State tramc. Such state­ments shall.be made upon blanks to be provided by the Interstate Commetce Commission and the determination of such commission in relation to the validity of the several statements received shall be final. If upon examin­in~ the statements so received said Interstate Commerce Commission is or opmion that companies owning at least75per cent of the freight cars owned and controlled as aforesaid by companies which shall have duly filed state­ments as aforesaid have agreed upon such details or freight-car couplers as will insure reg.uistu; uniform.itY:, requisite automatic action, and requisite safety in serVIce, said CommiSsion shall thereupon declare and publish that couplez:s complying with such details so agreed upon shall thereafter, until oth;erw1se ordered according to law, be the standard couplers for use in the freight-car interstate service. If the common carriers shall fail to establish a standard coupler as herein provided, then the standard automatic coupler sh.all be f'Uch cou.pler as shall be selected by the Interstate Commerce Com- · m1ssion; and it Is h~reby ma.de the duty of said Commission, within six months after the 1st day of July, 1893, to select and designate some auto­matic coupler as a "standard type," under the provisions of this act and t{) promulgate notice of such selection. '

SEC. 8. Th;at after July 1, 18~8, ~ny such common carrier may refuse to ac­cep~ or receive ail:Y car use~ m mterstate commerce that is not properly eqmpped as reqmred by thiS act, and the carrier loading or starting such car shall be liable for the damages, if any result therefrom.

SEC. 9. That from and after the 1st of July, 1893, until otherwise ordered by the Interstate Commerce Co!llmission, it shall be unlawful for any railroad company to use any car in mterstate commerce that is not IJrovided with secure handholds in the ends and sides of each car.

SEc. ~0. That wit~ ni.J?.ety days from the passage of this act the Ameri · can Railway Assot:ia~wn 1s authorized hereby to designate to the Interstate Commerce Commi~swn the standard ..height of drawbars for freight cars, measured perpendicular from the level of the tops of the rails to the centers of the drawbars, and shall fix a maximum variation to be allowed between the ~rawbars of empty and loaded cars. Upon their determinat.ion being ~rtified. to the Interstate Commerce Commission. the Commission shall giVe notice of the standard fixed upon, at once, to all common carriers own­ers, or lessees engaged in interst::J.te commerce in the United States by such means as the Commission may deem proper, and thereafter allcars built or repaf!ed shall be of that standard. But should said association fail to de­termme a standard as above provided, it shall be the duty of the Interstate Com~erce ~ommission to do s_o. And after July 1, 1893, no cars shall be used m the mterstate trafll.c wh1ch do not comply with the sta:::J.dard above provided for, either loaded or unloaded. . SEc. 11. That any eJ?ploye cf any. su~h common carrier who may be in­J~e:l by any locomotive, car, or ~ram muse contrary to the provisions of this act sh~l not be deemed guilty of contributory negligence althouah continuing m the employ of such carrier after habitual unlawful hse of such locomotive, car, or train had been brought to his knowledae.

SEC. 12. That any such common carrier violating any of the provisions of

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5926 CONGRESSIONAL RECORD-HOUSE. JULY 8,

this act shall be liable to a penalty of $100 for each and every such violation, to be recovered in a suit or suits to be brought in the district courts of the United States having jurisdiction in the locality where such violations shall )lave· been committed, by the United States district attorney of such district, and it shall be the duty of such district attorney to bring such suits upon duly verified information being lod~ed with him or such violation having occurred. And it shall also be the duty of the Insterstate Commerce Commis­sion to lodge with the proper district attorneys information of any such vio­lations as may come to its knowledge.

The report (by Hon. JOHN J. O'NEILL of Missouri) is as fol­lows:

The Committee on Interstate and Foreign Commerce, to whom were -re­ferred various bills to promote safety of railway employ6s and the travel­ing publlc, submits the accompanying bill in lieu thereof, and the following report:

ATTENTION FlliST CALLED TO SUBJECT.

At a meeting of the railroad commissioners of the country held at Wash­ington in the spring of 1888, the reports from the States where railroads are required to report each and every accident showed such an extraordinary percentage of casualties to the men engaged in handling the trains that a res­olution was unanimously adopted urgtng the Interstate'Commerce Commis­sion "to conside:r what could be done to prevent the loss of life and limb in coupling and uncoupling freight cars and in handling the brakes for such cars."

DEMAND OF EMPLOYES FOR PROTECTION.

Following this railroad commissioner's conference the order of Brother­hood of Railroad Brakeman sent to the Interstate Commerce Commission a petition with 9,682 names attached. in which they ask the Commission to take such steps as they may think proper to bring a bout the adoption or automatic couplers and brakes on freight cars used on the railroads of the United States, and earnestly appealing to the Commission to urge upon Congress the neces­sity of national legislation, that the terrible slaughter of brakemen on the railroads of the country might be diminished. ·

As a result inq.uiries were instituted by the committee appointed by the National Convention of Railroad Commissioners and it was ascertained that dm·ing .the year ending June 30, 1889, over 2,000 railroad employ68 were killed in the service and more than 20,000 injured. The publication of these facts awakened popular interest and formed a strong public opinion demanding legislation requiring the use of safety appliances.

PRESIDENT'S MESSAGE.

The President interested himself in the ·matter and December 3, 1889, sent a special message to Congress from which we take the following extract:

"It is competent I think for Congress to require uniformity in the con­struction of cars used in interstate commerce and the use of improved safety ap.pliances upon such trains. Time will 'be necessary to make the needed changes, but an earnest and intelligent beginning should be made at once. It is a reproach to our civilization that any class of American. workmen should, in the pursuit of a necessary and useful vocation, be subJected to a peril of life and limb as great as that of a soldier in time of war."

APPEAL TO CONGRESS BY RAILROAD EMPLOYES.

The Grand Lodges of the Brotherhood of Switchmen, Railroad Trainmen, Locomotive Firemen, Locomotive Engineers, Order of Railroad Conductors, and National Association of Railway Surgeons either by the grand offl.cers of the several orders, or by resolution at their conventions, have asked from Congress the enactment of a law requiTing the use of automatic couplers and train brakes on freight cars.

A petition signed by ovt~r 10.000 railroad trainmen or yard men, in actual service, was also sent to Congress, stating that they believed the passage of such a law would reduce the death rate among them fully 50 percent. Upon the assembling or the present Congress, the President in his message called its attention to this subject, and various bills have been introduced and re­ferred to this committee.

NATURE OF ACCIDENTS.

We have carefully examined as to the nature of the accidents to which railway employes are exposed, and if the causes that result in so man;v: deaths, so much pain, and such widespread su1Jering can not be mitigated if not ob­viated by legislation.

The demand of railway employes for the protection of the law came to us with great force as we recognized that they could not to any great extent guard against the casualties to which they were exposed; they lllUSt face the danger while others determined the conditions under which they labor.

The nature of the accidents to which railway men are exposed appear in the following tn.bles obtained from the Interstate Commerce Commission:

Railway accidents to employes for the yem·s ending June 30, 1889 and 1890.

1889. 1890. Kind of accident.

Killed. Injured. Killed. Injured. --------------------------------~-----·1-----------------Coupling and uncoupling___________ _______ 300 6,757 Falling from trains and engines---------- 493 2, 011 Overhead obstructions--- ----------------__ 65 296 Collisions __ ___________ ___ ------------------- 167 820 Derailments--- --------------~-------------- 125 655 Other train accidents---------------- ------ 189 1,016 At higb.way crossings __________ ------______ 24 45 At stations _______ ___________________________ 70 699 Other causes _____ _______ -------------------- 539 7, 729 UnclassifiecL ___________ _ ---------------- _____________________ _

369 561 89

235 150 14.6 22 98

754 'l:7

Total ____ _____ __ _ .... ____________ ____ ____ 1, 972 20, 028 2, 451

7,842 2,348

343 1,~

894 32

691 8,~

22,396

The number of employes engaged directly in the handling of trains June 30, 1800--that is, trainmen, switchmen, yardmen, engineers, firemen, and con­ductors-,vas 153,235, and out of this number there occurre::l1,459 deaths and 13,172 injuries due to some form of railway accident. A glance at the above table for the same year indicates at once where the chief danger lies. The total number killed i n coupling and uncoupling cars was 3G9, and the num­ber injured was 7,841.

The number killed in falling f1·om trains and engines was 561, and the num­ber injm·ed was2,363; that is to say, 38 per cent of the total number of deaths and 46 per cent of the total number of injuries sustained by railway employes resulted while coupling cars or setting brakes, and whatever cuts off these two sources of great danger would largely reduce the total losses of life and limb.

REMEDY SUGGESTED.

It is the judgment of this committee that all cars and locomotives should be equipped with automatic couplers, obviating the necessity of the men going

between the cars, and continuous train brakes that can be operated from the locomotive, and dispense with the use of the men on the tops or the cars; that the locomotives should bt> provided with power driving-wheel brakes, render­ing them easy of control.

UNIFORMITY REQUffiED.

The efficiency of such devices, provided that all car;; and locomotives be fur­nished with uniform type of coupler and brake, is generally admitted; with· out uniformity the danger to employes is fully as great as with the old link­and-pin coupler and hand brake, and representatives of the switchmen and trainmen who appeared before the committee stated that unless there could be uniformir.y they would prefer to go ba.ck entirely to the old link and pin; that the danger had increased from the use of so many di.tterent types, which statement seems corroborated by the large increase in casualties appearing in the statistics of 1890 over those of 1889.

STANDARD TYPE REQUffiED.

The interest of railroads as well as the dictates of humanitv demand that a standara type shall be established as soon as possible. The inct·eased pub­lic interest in this question and the uncertainty as to what Congress may do has seriously retarded the work of fitting the trains with automatic couplers and brakes, which many of the railroads are anxious to apply, but do not deem it prudent to incur this vast expense with the danger of complete loss by the subsequent adoption, through Congressional action, of some difl'erent type.

·with the s tandard type once established a. large majority of the Toads would take immediate steps to conform to it. '.rheir managers are progres­sive, have an intense sympathy wlth their men, and from a strong sentiment of humanity, and also recognizing it as a feature of great economy to their roads, they would proceed at once to equip them with safety appliances, al­though it would require the application of a law to compel many of the roads to conform to it.

RAILROADS UNABLE TO DECIDE.

That the roads, no matter how well intentioned, by their own unaided ef­forts can obtain any uniformity of action on this subject within any reason­able time is not possible; they require the aid of law.

The secretary of the Interstate Commerce Commission last November is­sued a set of inquiries to presidents of dil!erent railroads.

The replies to the question regarding the best means of bringing about uniformity in safety car couplers are not clear in many cases, but the fol­lowmg statement shows as near as possible the position of the roads: Roads' representing 13,014.24 miles of road operated, in favor of national

legislation . __ ------ _ -------------------- _ ------------ __ --- ___________________ 69 Roads representing 46,791.09 miles of road operated, in favor ot voluntary

action by the railroads ______ --------------------------------- --------------- 88 Roads representing 139.09 miles of road operated, in favor of State legis-

lation _____ __ __________ ------ __ -------- _ -- _ ------------ ____ ___ _ _ _ ___ _ _ ___ ____ 2 Roads representing 11,915.88 miles of road operated, in favor of theM. C.

B. types of couplers--------------------------- ____ -------------------------- 17 Roads representing 4,829.83 miles of road operated, in favor of differ ent

couplers __ ---------------------------------------- ---- __ ---- ___________ _______ 10 Roads representing 9,447.79 miles of road operated, expressing the opin­

ion that the matter is still in the experimental stage-------------------- 15 While 145 roads. representing 38,985.59 miles of road operated, expressed no

opinion. Several roads express themselves in favor of the Safford coupler. This report shows what might have been expected when taken in connec­

tion with the fact that there are forty·four different kinds of couplers and nine kinds of train brakes in actual use.

THE STATES UNABLE TO PROVIDE REMEDY.

The it!.competency of the States to meet the situation is illustrated by the fact that tbe Legislatures of Massachusetts, Iowa, Mississippi, Nebraska, Minnesota, New York, Ohio, Michigan, Wisconsin, and other States, realiz­ing their inability to afford a remedy, have called upon Congress to act.

CONGRESS ALONE CAN ACT.

The national convention of railroad commissioners at each convention during the past three years have requested Congress to legislate upon this subject.

There are more than one million freight cars scattered all over the country that can be reached only by legislation of equal extent.

To obtain uniformity in couplers we must invoke thelawofthe United States to provide a method or secm·ing the adoption of some standard type, and, if need be, to compel its use.

PROVISIONS OF THE BILL.

Five things appear to be fundamentally important, and, for these the bill provides:

(t) The application oj driv~ng-wheel brakes to locomotives.-This concerns the safety of railway travel general.

(2} Train b1·akes fen• freight cars.-The brakes have to be now largely oper­ated by the brakeman, traveling over the tops of the cars by night and by day, through sleet and raiD:, exposed to great danger of falling from the cars or from overhead obstructiOn.

But with the train brake that can be immediately applied to the entire train the necessity of their going on top of the cars is obviated and a great measure of safety to all who travel will be brought into general use; for when the rails are in constant use by passenger a.nd freight trains indis­criminately, running within a few minutes of each other , the driving brake and the train brake are essential means of safety to the traveler and the employe alike. No opposition has been heard to this r equirement.

(3) Automatic couplers.-This has been previously fully discussed in this

re~~tcommittee recognize that it is a serious question whether the best type of coupler has yet been devised, but they believe that if the railroads or the country are compelled to act, and reasonable time i ' given them to come to­gether the result will be the adoption of some uniform interchangeable type of coupler, and also train brake, that will prove satisfactory to them and will accomplish the result desired.

(4) Uniform height of drawbar.-The railroads have themselves largely es­tablished a uniform height of drawbar from the rails with a maximum va­riation. I t som etimes happens, however, that when cars are started out from the road to which they belong they do not get back for many months, and duTing that time the drawbars are getting down until they get away from the st:1ndard, in which condition it is impossible to couple them with those of a standard height without using crooked links, the difllculty of which n:lds largely to the danger and death r ate. It is therefore cons~d­ered bghly important that a standard height of drawbar from the ra.ils with a ma.x:i.mum variation should be maintained, and that cars should not be used when out of repair.

5. Hand lwlds.-Until the changes contemplated by this bill can be effected. and with a view to minimize the dangers by every means possible, we recom­mend a requirement of hand grabs or hand irons on a.ll cars, something that

1892. CONGRESSIONAL RECORD-HOUSE. 5927 the switchman or brakeman can seize to if he slips, instead of trying to clutch tl;l_e side o! a wet or perhaps icy car.

RAILROADS TO DESIGNATE STANDARD TYPE.

Believing that the standard type or coupler and brake should be established as soon as possible, it is provided that on July 1, 1893, the roads themselves shall by ballot decide, and in order to secure practical unanimity, that the vote of 75 per cent of the cars owned or controlled by the roads shall deter­mine; and it is only in the event or their failure to agree then that the duty of selecting such type devolves upon the Interstate Commerce Commission.

WHEN LA.W SHALL TAKE EFFECT. In relation to the application of driving-wheel brakes to locomotives, most

of them are now provided with them, undoubtedly within a brief t.ime all locomotives will be provided with them, and it is only out of abundance of c3.ution that the provision is inserted compelling their use after a certain date.

Concerning the application of safety couplers and train brakes, consider­ing the enormous expense to the roads, we think reasonable time should be

gi;~:r; number of freight cars in use is 1,105,0i2, of which number about 87,3:JO are now provided with safety couplers and 100,990 with train brakes.

It is estimated that the cost of equipping a car with safety couplers and brakes is about $75 a car; which involves an expense to the roads of many millions of dollars. We provide that after July 1, 1895, all new cars, and all old cars sent to the shops for general repairs to one or both of its drawbars, shall be provid~1 with the standard couplers and brakes.

The average lifo of a. freight car is estimated at about eight years, and we think the provision requiring old cars to be fitted withsafetyoouplers and brakes by July 1, 1898, is not unreasonable-believing also that the establish-

• ment or an outside date does not imply a delay until that time, as undoubt­edly most of the roads would. as soon as the standard was established, pro· vide the means and arrange for the change at once.

EXPENSE AND SAVING TO THE ROADS.

The expense seems enormous and would appear harsh and oppressive, but we believe in addition to the humane aspect of this subject, which touches all men alike, whether president, mana~er, or tra1nman, that the great sav­ing to the roads in the cost of running tneir trains, and in the loss from suits at law that they will be fully repaid, and within a few years.

EXPENSE TO EMPLOYES.

In estimating the expense to the roads it is but just that some reference be made to the vast outlay of money by the employ6s in their voluntary re­lief societies, rendered necessary by the refusal of the insurance companies to take the risk, which is due to the !act that death and injury is greater among trainmen than any other avocation followed by man. .

The Brotherhood o! Brakemen, to which but one-fifth of the brakemen be­long, pays out .not less than $37,000 per month-nearly-hal! a million dollars a year. One order of the switchmen, numbering 10,000 members, pays out ln70,000 per year. If all the different organizations of railway men would publish the amounts expended each year for the relief of their fellow-work­men and the care of their widows and orphans it would show in all proba­bility an expenditure of several million dollars each year.

OTHER DANGERS.

We recognize that national legislation can not reach all the sources of danger to trainmen, and we deem it proper to refer to some o! them.

By overhead obst?·uctions.-Last year 89 men were killed and 345 men were injured, undoubtedly due to the practice of building bridges. etc., without proper appliances that are commonly used to give adequate warning.

The improper manner of loading freight, such as lumber and machinery, on cars and permitting the end to project over the end of the cars has re­sulted in the crushing of mant a poor train man.

This is also frequently caused by the concussion of the cars, thereby shift­ing the freight. The enforcement of the rules already made by the roads for the proper loading of cars would avert this dange1·.

Spaa between deadwoods.-It is urged on the committee that no freight cars shall be used (until the time when the necessity of going between to couple them has been done away with) which do not have a space o! 18 inches to allow for a man's body when the deadwoods are in contact. The com­lllittee realize the very great importance of this, and earnestly call the at­tention of the roads to this matter, and also to the necessity o! rigid enforce­-ment of their rules for the placing of hand holds on cars, and the keeping of the footboards, ladders, etc., in repair.

SAFETY TO TRAVELERS RECOGNIZED.

We recognize the extraordinary genius and enterprise of the railroad managers of our country, whose successful conduct of the interests in their charge is a marvel to the traveler, and to their wonderful management is un­doubtedly due the comparative immunity n·om danger o! the passengers on railways in the United States-during last year but one fatal accident to every 1,700,000 passengers carried, and but one injury !or every 200,000 pas­sengers carried.

The passenger trains, being provided with automatic couplers, the percent­age of injury to brakemen in that branch or the service is very slight, and by comparison lends additional argument for the legislation we propose.

THE DUTY OF CONGRESS.

In conclusion, it may well be considered whether any matter before Con­gress at this time demands, in justice to humanity and justice to the bread­Winners of the country, so much attention and consideration.

The railway employes o! the country are in every sense among its best bone and sinew, splendld types of physical manhood and vigor. They are active, intelligent, strong, and brave men; in the fiowero! their youth, many of them with families. When we reflect that during this present year, judged by the statistics or the past, probably 25,000 of these men will be k:1lled or injured, and when we contemplate the misery and sufferin~ that will be brought to so many poor homes, the failure of Congress to leg1slate on this supject w0uld be almost a crime.

.A.PP ALLING COMP .ARISONS.

To rivet the public mind on the appalling list of casualties and bring home to all men the frightful loss of life, a glance at some of the decisive battles of the world will suffl.ce.

Wellington won Waterloo and Meade Gettysburg with a loss of 23,185 and 23,203, while the total loss on both sides at Shiloh in two days' murderous fighting was 24,000.

In the three years' war of the Ctimea England lost in killed and wounded 21,035men.

None or these terrible battles furnished a list of losses equal to the loss in a single year of our railroad men, a loss equal, in fa.ct, to the entire present force of the United States Army.

In the Johnstowli flood 2,280 persons perished, while during the year 1890 casualties on our railways resulted in railway employes killed 2,451, and in­jured, 22,394. The Johnstown dis~ter filled the imagination with horror and sent a thrill of sympathy throughout the civilized world, but that

calamity came in one fell swoop, while fatalities on the railways, involvfng in the aggregate a. far greater sacrifice of human life, have scarcely attracted public attention. Nightly several poor fellows are picked otr-in the freight yard, on the rail-often the only vestige that morning reveals being a pool of blood and the dismembered remains of the unfortunate victim. Two lines of a newspaper headed" Brakeman killed," tells the whole story.

The Yast army of ma.lmed men, of homes left desolate, and of widows and children bereaved appeals to Congress !or action.

CONCLUSION.

The committee desires to report the f"act that it has been greatly aided in its investigations by the eftl.cient secretary of the Interstate Commerce Com­mission, Edward A. Moseley, whose experience gained from years of devo­tion to this reform and the data in his possession were invaluable aids to its investigation.

Also that through the courtesy of the general manager of the Baltimore and Ohio Railroad they were enabled to thoroughly investigate at the com­pa.ny's)rards the merits of the present automatic couplers and brakes.

The representati>es of many of the roads aided us to the fullest extent in furnishing information to enable us, if possible, to reach a solution of this question.

The committee recommend the pas!;ia.ge o! the bill and that H. R. 117, 180, 331,582,5134,6187,7512,6648, and S. ~\i5llie upon the table.

The SPEAKER. Is a second demanded? If not, the question is en the motion of the gentleman from Missouri to suspend the rules and rass the bill.

The motion was agreed to, two-thirds voting in favor thereof. The rules were suspended and the bill passed.

CALIFORNIA DEBRIS COMMISSIO~.

Mr. COWLES. Mr. Speaker, I move to suapend the rules and pass the bill (H. R. 9286) to create the California debris commis­sion and regulate hydraulic mining in the State of California.

The bill wa:::; read, as follows: Be it enacted, etc .. That a commission is hereby created, to be known as the

California. D~bris Commission, consisting of three members. The President or the United States shall, by and with the advice and consent of the Senate, appoint the;commission from om.cers of the Corps of Engineers, United States Army. Vacancies Gccurring therein shall be filled in like manner. It shall have the authority, and exercise the powers hereinafter set forth, under the supervision of the Chief of Engineers and dh·ectionof the Secretary of War. . SEc. "!. Th~t said commission shall organize within thirty days after its appointment by the selection of such officers as may be required in the per­formance of its duties, the same to be selected from the members thereof. The members of said commission shall receive no greater compensation than is now allowed by law to each, respectively, as an om.cer of s:.tid Corp3

·of Engineers. It shall also adopt such rules and regulations, not inconsist­ent with law, to govern its deliberations a.nd prescribe the method of pro· cedure under the provisions of this act.

SEc. 3. That the jurisdiction or said commission, in so far n.s the same af­fects mining carried on by the hydraulic process, shall extend to all such mining in the territory drained by the Sacramento and San Joaquin River systems. Hydraulic mining directly-or indirectly affecting said river sys· terns, as defined in section 8 hereof, carried on in said territory other than as permitted under the provisions of tbis act is hereby prohibited and de­clared nnla wful.

SEC. 4. That it shall be the duty of said commis3ion to m3tme and adopt such plan or plans, from examination and surveys already made and from such addltional examinations and surveys as it may deem necessary, as will improve the navigability of all the rivers comprising s::~oid systems, deepen their channels, and protect their b~nks. Such plan or plans shall be matured with a. view or making tho same effective as against the en­croachment or and damage from debris resulting from mining operations, natural erosion, or other cause3, vi'ith a view of restoring, as near as prac­ticable and the necessities of commerce and navigation demand, the naY­iga.bility of said rivers to the condition existing in 1800, and permitting min­ing by the hydraulic process, as the term is understooi in said State, to be carried on without injury to the navigability of said rivers or the lands ad­jacent thereto.

SEC. 5. '.J;'hat it shall further examine, survey, and determine the utility and practicibility, for the pm·poses hereinafter indicated, of storage sites in the canons and tributaries of said rivers and in the respective branches of said tributaries, or in t .he plains, basins, sloughs, and tule and swamn lands adjacent to or along the course of said ri>ers, for the storage of detris or water or as settling reservoirs, with the object of using the same by either or all of these methods to aid in the impro>emeut and protection of said navigable rivers by preventing deposits therein of debrls resulting from mining oper­ations, natural erosion, or other canses, or for affording relief thereto in flood time and providing sum.cient water to maintain scouring force therein in the summer season; and in connection therewith to investigate such hy­draulic and other mines as are now or may have been wo1·ked by methods intended to restrain the debris and material moved in operating such mines by impounding dams, settling reservoirs, or otherwise, and in general to make such study of and researches in the hydraulic mining indu3try as science, e~rience, and engineering skill may suggest as practical and use­ful indevismg a method or methods whereby such mining may be carried on as aforesaid.

SEc. 6. That the said commission shall fl"Om time to time note the condl­tions of the navigable channels of said river systems, by cross-section ·sm·­veys or otherwisC) and observe the effect thereon of such hydraulic mining operations as may be permitted by its orders.

SEc. 7. That said commission shall submit to the Chief of Engineers, for the information of the Secretary of War, on or before the 15th day or No­vember of each year, a report of its labors and transactions, with plans for the construction, completion, and preserva.tion of the public works outlined in this act, together with estimates of the cost thereof, stating what amounts can be profitably expended thereon each year. The Secretary of War shall thereupon submit same to Congress on or before the m eeting thereof.

SEC. 8. That for the purposes of this act "hydraulic mining " and "mining by the hydraulic process" are hereby declared to ha>e the meaning and a.p­plication given to ~aid terms in sald State.

SEa. 9. That the owner or owners, or in the case of a corporation its man­ager or agent appointed for that purpose, owning mining g1·ound in the ter­ritory in the Stat{) of California mentioned in section 3 hereof, which it is desired to work by the hydraulic process, may file with said commission a verified petition, setting forth such facts as will comply with the rules pre­scribed by said commission.

SEC. 10. That said petition shall be accompanied by an instrument duly executed and acknowledged, as required by the law of the said State, whereby the owner or owners of such mine or mines surrenders to the United States

·' -

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5928 CONGRESSIONAL RECORD-HOUSE. JULY 8,

the right and privilege to regulate by law, as provided in this act, or any law that may hereafter be enacted, or by such rules and regulations as may be prescribed by virtue thereof, the manner and method ln which the debris resulting from the workings of said mine or mines shall be restrained, and what amount shall be produced therefrom, it beingunderstood that the sur­render aforesaid shall not be construed as in any way aJ!ect~g the right of such owner or owners to operate said mine or mines by any other process or method now in use in said State.

SEc. 11. That the owners ot several mining claims situated so as to require a common dumping ground or dam or other restraining works for the debris issuing therefrom in one or more sites may file a joint petition setting forth such facts in addition to the requirements of section 9; and where the owner of a hydraulic mine or owners of several such mines have and use common dumping sites for impounding debris or as settling reserV'Oirs, which sites are located before the Jlline of an applicant not entitled to use same, such fact shall also be stated in his petition. Thereupon the same proceedings shall be had as provided for herein. •

SEC 12. A notice specifying briefly the contents of said petition and fixing a time previous to which all proofs are to be submitted shall be published by said commission in some newspaper ornewspapersof general circulation in the communities interested in the matter set forth therein. If published in a daily paper such publication shd'l.l continue for at least five days; if in a weekly paper in at least two issues of the same. Pending publication thereof said commission, or a committee thereof, shall examine the mine and premises described in such petition. On or before the time so fixed all parties intereste1, either as petitioners or contestants, may file afildavits, phns, and maps in support o:t their respective claims. Further hearings, upon notice to all parties of record, may be granted by the commission when n ecessary. _

SEC". 13. That in case amajorityofthemembers of said commission, within thirty days after the time so fixed, concur in a decision in favor of the peti­tioner, the said commission shall thereupon make an order directing the methods and specifying in detail the manner in which operations shall pro­ceed in such mine or mines; what restraining or impounding works, if :facil­ities therefor can be found, shall be built, and maintained; how and of what material; where to be located; and in general set forth such furtherrequire­mentsand safeguards as will protect the public interest and prevent injury to the saidnavigablerivers, withsuchfurtherconditions and limitations as will observe all the provisions of this act in relation to the workin~ thereof and the payment of taxes on the gross proceeds o:t the same: Provided, That all expense incurred in complying with said order shall be borne by the owner or owners of such mine or mines.

SEc. 14. That such petitioner or petitioners must within a reasonable time present plans and specifications of all works required to be built in pursu­ance of said order for examination, correction, and approval by said com­mission; and t.hereupon work may immediately commence thereon under the supervision of said commission or representative thereof attached thereto from said Corps of Engineers, who shall inspect sama from time to time. Upon completion thereof, if found in every respect to meet the requirements of the said order and said approved plans and specifications, permission shall thereupon be granted to the owner of such mine or mines to commence mining operations, subject to the conditions of said order and the provisions of this act . .

SEc. 15. That no nermission granted to a mine owner or owners under this act shall take effect, so far as regards the working or a mine, until all impounding dams or other restraining work~, if any are prescribed by the order granting such permission, have been completed and until the im­pounding dams or other restraining works or settling reservoirs provided by said commission have reached such a stage as, in the opinion of said commission, it is safe to use the same: Provided, however, That if said com­mission shall be of the opinion that the restraining and other works con­structed at the mine or mines shall be sufilcient to protect the navigable rivers or said system and the work of said commission, then such mine or mines may be permitted to commence operations.

SEc.16. That in case the joint petition referred to in section 11 hereof is favorably acted upon, the commission shall fix the respectiveamoun..ts to be paid by each owner of such mines toward providing and building necessary impounding dams or other restraining works. In the event of a petition be­ing filed after the entry of such order, or in case the impounding dam or dams or other restraining works have already been constructed and favorably considered, the commission shall fix such amount as may be reasonable for the privilege of dumping therein, which amount shall be divided between the original owners of such impounding dams or other restraining works in proportion to the amount respectively paid by each party owning same. The expen8e of maintaining and protecting such joint dam or works shall be di­vided among mine-owners using same in such proporLion as the commission shall determine. In all cases where it is practicable, restraining and im­pounding works are to be provided, constructed, and maintained by mine­owners near or below the mine or mines before reaching the main tributaries of said navigable waters.

SEC. 17. That at no time shall any more debris be permitted to be washed away from any hydraulic mine or mines situated on the tributaries of said rivers and the respective branches of each, worked under the provisions of tills act, than can be properly cared for at or below said mine or mines, as per order of said commiss1on. or by the restraining works erected in accord­ance with the directions of this act by said commission.

SEC. 18. That the said commission may at any time, when the condition of the navigable rivers or when the capacities of all impounding and settling facilities erected by mine-owners or such as may be provided by Govern­ment authority require same, modify the order granting the privilege to mine by the hydraulic-mining process so as to reduce amount thereof to meet the capacities of the facilities then in use, or if actually required in order to protect the navigable rivers from damage, may revoke same until the fur­ther notice of the commission.

SEc. 19. That an intentional violation on the part of a mine-owner or own­ers, company, or corporation, or the agents or employes of either, of the con­ditions of the order granted pursuant to section 13, or such modifications thereof a.s may have been made by said commission, shall work a forfeiture of the privileges thereby conferred, and upon notice being served by the order of said commission upon such owner or owners, company, or corporation, or agent in charge, work shall immediately cease. Said commission shall take necessary steps to enfor ce its orders in case of the failure, neglect, or refusal of such owner or owners, company, or corporation, or agents thereof, to com­ply therewith, or in the event of a.ny person or persons, company, or corpora­tion working by said process in said Ten"itory contrary .to law.

SEC. 20. That said commission, or a co=ittee therefrom, or ofilcer of said

~~ft~;I~1,Y,~;~1~~u~Kdui\~~~s0~~:i~tf!;~n~~;~~~~~g~~To;~ ~j~~~!t: A report of such examination shall be placed on file.

SEC. 21. That the said commission is hereby authorized and empowered to acquire by purchase if feasible, if not by condemnation in the proper court of the State or California, under the right of eminent domain, in the name of and for the benefit of the United States, all such land, storage sites

f<?r dEThris or water, places for construction of dams, settling reservoirs, nghts of way for canals, tule and swamp lands, sloughs, and basins neces­sary in the prosecution and construction of the work contemplated by th.UJ act, either for the permanent improvement of said rivers or the protection thereof as against the encroachment of and damage from debris resulting from mining operations, natural erosions, or other causes, lodged in said rivers and t_heir tributaries, ~th their branches, or :tor any purpose de­clared by this act to be a. publlc use, or for rights of way necessary or inci­dental to any of the purposes and objects of this act, or for tbe purpose of procuring any stone, rock, timber, or other material necessary for the erec­tion or construction of any of the works provided for by this aet.

SEc. 22. That the use !Jf any and all ravines, water courses, streams, can­yons, places, storage sites, sloughs, or basins having their outlet or dis­charge into either of said navigable rivers, or any of the tributaries thereof O! from eitp.er of. which ~ater or material may fiow or find its way intO either of said naVIgable nvers, or any of the tributaries thereof, as a place of deposit for any water, earth, sand, gravel, stones, bowlders, or other ma­terial known as mining debris, resulting from the workin"" of any mine or mines permitted to operate under the provisions of this act is hereby de­clared to be a public use, and subject as such to the provisions of this act and to such laws as now exist or may hereafter be enacted for their pur: chase, use, or control.

SEc. 23. That the said commission is hereby granted the right to use any of the public lands of the United States, or any rock, stone, timber, trees, brusn, or material thereon or therein, :tor any of the purposes of this act; and the Secretary of the Interior is hereby authorized and requested after no.tice has bet:n filed '!ith the Commissioner of the General Land Office by said commissiOn, settmg forth what public lands are required by it under the authority of this section, that such land or lands shall be withdrawn from sale and entry under the laws of the United States. •

SEC. 21. That any person or persons who willfully or maliciously injure damage, or destroy, or attempt to injure, damage, 01" destroy, any dam or other work erected under the provisions of this act for restraining im­pounding, or settling purposes, or for use in connection therewith, sh~ll be guilty of a misdemeanor, and upon conviction thereof shall be fined not to exceed the :sum of $5,000 or be imprisoned not to exceed five years or by both such fine and imprisonment, in the discretion of the court. '

SEa. 25. That upon the construction by the sa.id commission of dams or other works for the detention o:t dlibris from hydraulic mines and the issuing of the order provided for by this act to any individual, company, or corpo­ration to work anr mine or mines by hydraulic process, the individual, com­pany, or corporatiOn operating thereunder working any mine or mines by hydraulic process, the debris from which fiows into or is in whole or in part restrained by such dams or other works erected by said commission, shall pay a tax of 3 per cent on the gross proceeds of his, their, or its mine so worked; which tax of3 per cent shall be ascertained and paid in accordance with regulations to be adopted by the Secretary of the Treasru·y. All sums of money paid into the Treasru·y under this section shall be set apart and credited to a fund to be known as the dlibris fund, and shall be expended by said commission under the supervision of the Chief of Engineers and direction of the Secretary of War, in addition to the appropriatwns made by law in the construction and maintaining of such restraining works and settling res­ervoirs as may be proper or necessary: Provided, 'l.'hat said commission is hereby authorized to receive and pay into the Treasury from the owner or owners of mines worked by the hydraulic process, to whom permission may have been granted so to work under the provisions hereof, su ch money ad­vances as may be olrered to aid in the construction of such impounding dams, or other restraining works, or settling reservoirs, or sites therefor, as may be deemed necessary by said commission to protect the navigable channels of said river systems, on condition that all moneys so advanced shall be refunded as the said tax is paid into the said debris fund: And pro­videdftn·ther, That in no event shall the Government or the United States be held liable to refund same except as directed by this section.

SEc. 26. That the said commission, -in order to secure harmony in work to be constructed for reclamation and drainage purposes on said river systems, with present plans of river conservation, or with such plans as may here­after be adopted as provided by this act, having in view their protection from the encroachment or mining debris, or other material, and to promote ef­ficiency and economy. is empowered to consult thereon from time to time with a commission of engineers authorized to join such con:terence by the laws of the State of California.. The result or such conferences shall be re­ported to the Chief of Engineers for transmission to Congress. The consent of the United States, in so far as it is necessary to confer same on account of its reserved control over said navigable rivers, is hereby granted to the State of California, or any municipal or localorganiz!l.tionauthorized by the laws of said State, to construct such works at its expense: Provided, 'l'hat whene>er the navigable waters of said systems are, or may t:e, affected thereby, the plans therefor shall be recommended by the commission cre­ated by this act and approved by the Chie:t of Engineers, United States Army.

SEu. ZT. That said commission, in order that such material as is now or may hereafter be lodged in the tributaries o:t the Sacramento and San Joa­quin River systems resulting from mining operations, natru·al erosion, or other causes, shall be prevented from injuring the said navizable rivers or such of the tributaries of either as may be navigable, is hereby directed and empowered, when appropriations are made therefor by law, or sufilcient money is deposited :tor that purpose in said debris fund, to build at such points above the head of navigation in said rivers a.nd on the main tribu­taries thereof, or branches of such tributaries, or at any place adjacent to the same, or at any point calculated, in the judgment of said commission, to elrect said object (the same to be of such material as will insure safety and permanency) , such restraining or impounding dams and settling reser­voirs, with such canals, locks, or other works adapted and required to com· plete same. The re~ommendations contained in Executive Document No. :W7, Fifty-first Congress, second session, and Executive Document No. 98, Forty-seventh Congress, first se. sion, as far as they refer to impounding dams, or other restraining works, are hereby adopted, and the same are directed to be made the basis of operations. The sum of $15,000 is hereby ar propriated, from moneys in the Treasury not otherwise appropriated, to be immediately available, to defray the e:\.--penses of said commission.

The SPEAKER. Is a second demanded? Mr. COX of Tennessee. I move that the House do now ad­

journ. The question was taken; and on a division there were-ayes

28, noes 132. So the House refused to adjourn. The SPEAKER. Is a second demanded? Mr. BAILEY. I demand a second. Mr. HATCH and Mr. CAMINETTI asked unanimous consent

that a second be considered as ordered.

1892. CONGRESSIONAL RECORD-HOUSE. 5929

•

Mr. BAILEY. I object. The SPEAKER appointed Mr. BAILEY and Mr. COWLES as

tellers. The House divided; and the tellers reported-ayes 131, noes 3. Mr. COX of Tennessee. No quorum . Mr. DOCKERY. Mr. Speaker, I understand that under the

rules this bill will ba the first business in order on the next sus­pension day, which will be next Monday week?

Mr. CARUTH. What will be its status if we adjourn now? The SPEAKER. Under the practice of the House this bill

will be first in order on the next suspension day. It comes over, under the uniform practice of the House, just as the bill of the gentleman from Vermont did to-day. .

Mr. DOCKERY. In view of that statement of the Chair I move that t.:!J.e House do now a:ijourn.

The motion was agreed to; B·nd accordingly (at 7 o"clock and 45 minutes p.m.) the Hous3 adjourned.

REPORTS OF COMMITTEES.

Under clause 2 of Rule XIII, private bills and resolutions were severally raported from committees, delivered to the Clerk, and referred to the Committee of the Whole House, as follows:

By Mr. CROSBY, from the Committee on Military Affairs : A bill (H. R. 8450) to remove the charge of desertion from the record of Charles G. Pyer. (Report No. 1804.)

By Mr. SNOW, from the Committee on Invalid Pensions: A bill (H. R.1318) granting a pension to Martha A. Harris. (Re­port No. 1805.)

By Mr. HARRIES, from the same committee: A bill (H. R. 6508) granting a pension to Joseph Fortier. (Report No. U~06.)

By Mr. MARTIN, from the same committee: A bill (H. R. 8784) granting a pension to Edward Smitherman. (Report No. 1807.)

By Mr. BUTLER, from the same committee: A bill (S. 2483) grantinCT a pension to Eliza A. Criner. (Report No. 1808.)

By M;, ROCKWELL, from the Committee on Military Affairs: A bill (S. 256) for the relief of Augustus Boyd. (Report No. 1809.)

By Mr. PATTON, .from the same committee: A bill (H. R. 2935) to remove the charge of desertion from the military record of William N. Pringle. (R-eport No. 1810.)

By Mr. BOWERS, from the same committee: A bill (H. R. 1422) for the relief of George M. Henry. (Report No. 1811.)

By Mr. WINN, from the Committee on Private Land Claims: A bill (H. R. 5253) for the relief of Raphael Segoura, of Louisiana. (Report No. 1812.)

By Mr. COBB of Missouri, from the Committee on War Claims: A bill of the Senate (S.l773) for the relief of John W. Gummo. (Report No. 1813.)

By Mr. ROCKWELL, fro~ theComm~tteeon.Military Affah:s: A bill (H. R. 6758) for the relief of Francis A. Field, late captam United States Army. (Report No. 1814.)

BILLS, MEMORIALS, AND RESOLUTIONS.

Underclause 3 of Rule XXII, bills of the following titles were introduced and severally referred as follows:

By Mr. BOATNER: A bill (H. R. 9474) for the relief of indi­gent sufferers by the overflow in Black and Ouachita Rivers and their tributaries-to the Committee on Appropriations. ·

By Mr. ORA WFORD: A bill (H. R. 9482) for the relief of the Eastern Band of Cherokee Indians-to Committee on Indian Af­fairs.

PRIVATE BILLS, ETC.

Under clause 1 of Rule XXII, private bills of the following / titles were presented and referred as indi.cated below:

By Mr. CURTIS: A bill (H. R. 9475) to grant a pension to Eunice Putman-to the Committee on Invalid Pensions.

By Mr. COBB of M!ssouri: A bill (H. R. 9476) for the relief of Louis Knorr, late a private in CompanyF, Third Regiment Mis­souri Volunteers-to the Committee on Military Affairs.

By Mr. DUNGAN: A bill (H. R. 9477) for the relief of W. H. Davis, first lieutenant late Company H, Twenty-fifth Regiment Ohio Infantry Volunteers-to the Committee on Military Affairs.

By Mr. ELLIS: A bill (H. R. 9178)for the relief of Josiah Gray­to the Committee on War Claims.

By Mr. McALEER: A bill (H. R. 9!79) for the r3moval of charge of desertion from the record of Bernard Brennan, alias Barney O'Brine, late of Company H, Forty-eighth R-egiment Pennsylvania Volunteers-to the Committee on Military Affairs.

By Mr. PAYNTER: A bill (H. R. 9480) granting a pension to Maria Day-to the Committee on Invalid Pensions.

Also, a bill (H. R. 9!81) to remove the charges of desertion against Lewis B. Wallingsford-to the Committee on Military Affairs.

By Mr. MANSUR: A bill (H. R. 9483} to remove the charge of desertion from the record of Alfred K. Bailey-to the Com­mittee on Military Affairs.

By Mr. WHEELER of Alabama: A bill (H. R. 9484) for the relief of Edmond l\1.cWilliams-to the Committee on Military Affairs.

PETITIONS, ETC.

Under clause 1 of Rule XXII, the following petitions and pa­p3rs were laid on the Clerks desk and referred as follows:

By Mr. BELTZHOOV ER: Protest of the Manufacturing Chem­ists' Association of the United States, against an act for preventing the adulteration and misbranding of food and drugs, and for other purposes-to the Committee on Agriculture.

Also, petition of citizens of. York, Pa., ~n favor of the Paddock pure-food bill-to the Committee on Agnculture.

By Mr. BERGEN: Petition of the United Brotherho0d of Carpenters and Joiners of Bridgeton N.J., that convict laborb3 prohibited on Government buildings-to the Committee on La­bor.

By Mr. BUTLER: Papers in the matter of Josephene J. Off­ley-to the Committee on Pensions.

By Mr. CAPEHART: Petition of Charity Ann Smith, for ~ pension as a mother, to accompany House bill 9i48--to the Com­mittee on Invalid Pensions.

By Mr. DURBOROW: Petition of F. H. Quitmeyer and oth­ers, against imposing conditions either as to keeping open or closing on Sundays the World"s Columbian Exposition-to the Select Committee on the Columbian Exposition.

By Mr. GEISSENHAINER: Petition of citizens of Summit, N. J., against the passage of the free-coinage bill-to the Com-mittee on Coinage, Weights, and Measures. ,

By Mr. HARTER: Two petitions and resolutions of citizens of Ohio, one by C. A. Baker and 2-5 others of Richland, and the other by J. W. Palmer and 26 others of Mansfield; both in favor of pure food-to the Committee on Agriculture.

By Mr. HATCH: Petition of A. A. Featherling and othera, of the county of Porter, Ind., in favor of the bills known as the Washburn-Hatch antioption bills-to the Committee on Agri­culture.

By Mr. HOPKINS of Pennsylvania: Petition of A. P. Coons and 19 other citizens of Ward Town, Tio.5a County, Pa., and Ward Grange, No. 600, in favor of House bill 395, relative to pure lard-to the Committee on Ways and Means.

Also, p3tition of Thomas Furgerson and 19 others, of Ward Town, 'l'ioga County, Pa., and Ward Grange, No. 600, in favor of the Paddock pure-food bill-to the Committee on Agriculture.

By Mr. HAUGEN: Protest of the common council of the city of 8uperior, Wis., against the passage of House bill 9297, to au­thorize the construction of a bridge over the St. Louis River, b3tween the States of Wisconsin and Minnesota-to the Com­mittee on Interstate and Foreign Commerce.

Bv Mr. JOLLEY: Protestof citizens of St. Thomas, N. Dak., against the Congress of the United States committing the United States Government to the union of religion and the state in the pasSJ.ge of any bill or resolution to close the World's Co­lumbian Exposition on Sunday-to the Select Committee on the Columbian Exposition. ·

By Mr. LOUD: Resolution of the Maine Engineers Beneficial Association of California, protesting against the a:imission of foreign-built vessels to American registry, and also against the licensing of aliens as officers of American vessels-to the Com­mittee on Merchant Marine and Fisheries.

By Mr. McALEER: Petition for the- removal of the charge of desertion from the record of Bernard O'Brine, alias Barney O'Brine, late of Company H, Fort.v-eig-hth Regiment Pennsylva­nia Volunteers, to accompany bill-to the Committee on Mili­tary Affairs.

By Mr. MEREDITH: Petition of J . E. Clements and others, praying for the passage of the bill admitting the Norfolk and Western Railroad to enter the city of Washington-to the Com­mittee onlnterstateand Foreign Commerce.

Also, petition of J. E. Clements and others, praying fer the passage of the memorial-bridge bill-to the Committee on Inter­state and Foreign Commerce.

By Mr. PATTON (by request): Petition of the Federal Labor Union of Logansport, Ind., in relation to the Sunday closing of the World's ~-air-to the Select Commtttee on the Columbian Ex­po5ition.

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5930 CONGRESSIONAL RECORD-SENATE. JULY 9,

By Mr. PAYNTER: Petition of Robert Roso, Company B, Sixty-first Pennsylvania Volunteers, for discharge and pension­to the Committee on .r1ilitary Affairs.

By Mr. PEARSON: P etition of J. C. Preston, and 156 other citizens of Beverly, Washington County, Ohio, praying for the passage of a bill for the relief of Joseph Harris-to the Commit-tee on Invalid Pensions. _

By Mr. POST: Petition of the Methodist Episcopal and Chris­tian churches of Bryant, Ill., against the opening of the World's Fair on Sunday and the sale of intoxicating liquors-to the Select Committee on the Columbian Exposition.

By Mr. ROCK\VELL: Petition of Horace J. Howe, for the adoption of the metric system of weights and measures in the customs service-to the Committee on Coinage, Weights, and Measures.

By Mr. WINN: Petition of Mrs. Martha A. Mitchell, widow of Thomas W. Mitchell, to accompany Housa bill 9472, for re­lief-to the Committee on Claims.

By Mr.---: Papers in Senate matter 782,for the adjustment of c 3rtain s:tles of lands in th9 late reservation of the confeder­ated Otoe and Missouria trib ~ s of Indians-to the Committee on lndian Affairs.

SENATE. SATURDAY, Jttly 9, 1892.

Prayer by the Chaplain, Rev. J. G. BUTLER, D. D. The Journal of yesterday's proceedings was read and approved.

. PETITIO~S AND MEMORIALS. The VICE-PRESIDENT presented resolutions of the Four­

teenth WardRepublicanClub, of Brooklyn, N.Y.,andresolutions of Division No.1, Ancient Order of Hibernians, of Hudson, N.Y., in reD"ard to the imprisonment of Dr. Thomas Gallagher in Eng­land 'and praying that steps betaken for his release; which were referred to the Committee on Foraign Relations.

Mr. PEFFER. I present the memorial of W. L. Ganson and other citizens of McPherson CQunty, Kans., remonstrating against the recommendation to close the World's Fair on Sun­day, arguing that it is legislation in the direction of religion. I move that the memorial be referred to the Select Committeeon the Quadro-Centennial.

The motion was agreed to. Mr. FELTON presented a memorial of citizens of San Diego

County, Cal., remonstrating against religious legislation; which was referred to the Committee on the Quadro-Centenaial (Se­lect).

He also presented a memorial of certain parents and citizens of Solano County, Cal., remonstrating against the sale, manu­facture, and importation of cigarettes in the United States; which was referred to the Committee on Epidemic Diseases.

Mr. PADDOCK presented a petition of the Nebraska Busi­ness Men's Association, comprising 2,200 retail merchants of the State of Nebraska, praying for the passage of the Torrey bank­ruptcy bill· which was referred to the Committee on the- Judi­ciary.

He also presented the petition of J. Willard :Miller and 47 other citizens of Valparaiso, Nebr., praying for the passage of legisla­tion prohibiting the sale, manufacture, and importation of ciga­rettes in the United States; which was referred to the Commit­tee on Epid~mic Diseases.

Mr. COCKRELL presented a petition of sundry citizens of Oak Ridge, Mo., praying for the passage of legislation prohibit­ing the sale, manufacture, and importation of cigarettes in the United States; which was referred to the Committee on Epi-demic Diseases. ·

Mr. SAWYER presented a petition of sundry citizens of Roy­alton, Wis., praying that a loan to the World's Columbian Ex-

~sition of $5,000,000 be made upon condition that it be closed on

unday; which was referred to the Committee on the Quadra­n tennial (Select).

Mr. PERKINS presented a petition of 1,816 members of the YounD' People's Society of Christian Endeavor of Kansas, pray­ing fo~ the passage of legislation closing the World's Columbian ExT.Josition on Sunday; which was referred to the Committee on the Quadro-Centennial (Select).

He also presented two petitions of ex-Union soldiers of Kansas, praying for the allotment of -80 acres of land in the Cherokee Strip, or in any of the Governmen.t lands, to each of th~m under such regulations as may b e prescr1bed by Congress; wh10h were referred to the Committee on Indian Affairs.

MESS.AGE FROM THE HOUSE. A message from the House of Representatives, by Mr. T. 0.

TOWLES, its Chief Clerk, announced that the House had passed

the following bills; in which it requested the concurrence of the Senate:

A bill {H. R. 561) to amend paragraph 199, Schedule C, of the act of October 1, 1890, entitled "An act to reduce the revenue and equalize duties on imports, and for other purposes·"

A bill (H. R. 8390) to amend an act to forfeit certain lands • hererofore gra.:rated for the purpose of aiding in the construction of railroads, and for other purposes approved September 29, 1890; and

A bill (H. R. 94:73) to limit the amount oi wearing apparel and personal effects which may b3 admitted free of duty.

The message also announced that the House had disagreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 7624) making appropriations for the diplomatic and consular service of the United States for the fiscal year ending June 30, 1893, asked a further conference with the Senate on the disagreeing votes of the two Houses thereon, and had appointed Mr. BLOUNT, Mr. OUTHWAITE, and Mr. HITT managers at the further conference on the part of the House._

DIPLOMATIC AND CONSULAR APPROPRIATIONS,

Mr. HALE. I ask to have the diplomatic ao.d consular appro­priation bill laid before the Senate.

The VICE-PRESIDENT laid before the Senate the a0tion of the House of Representatives, insisting upon its disagreement to the amendments of the Senate to the bill (H. R. 7624) making appropriations for the diplomatic and consular se,rvice of the United States for the :fiscal year ending June 30,1893, and asking a further conference with the Senate on the disagreeing votes of the two Houses thereon.

Mr. HALE. I move that the Senate further insist upon its amendments and agree to the further conference asked by the other House.

The motion was agreed to. By unanimous consent, the Vice-President was authorized to

appoint the conferees on the part of the Senate, and Mr. HALE, Mr. ALLISON, and Mr. BLACKBURN were appointed.

REPORTS OF COMMITTEES.

Mr. SAWYER, from the Committee on Pensions, to whom was referred the bill (H. R. 712) granting a pension to Jane A. Ward, widow of D. A. Ward, reported it without amendment, and submitted a report thereon.

Mr. SHOUP, from the Committee on Indian Depredations, submitted a report to accompany the amendment reported by him from that committee on the 6th instant, intended to be pro­posed to the general deficiency appropriation bill providing for the payment of judgments of the Court of Claims in Indian dep­redation cases; which was referred to the Committee on Appro­priations and ordered to be printed.

BONNER & MERRIMAN.

Mr. McPHERSON. I am directed by the Committee on Fi­nance to report back favorably, with an amendment, the bill (H. R. 5746) to refund certain revenue taxes to Bonner & Merriman, and also to ask for its immediate consideration, the amendment requiring the bill to go back to the other House.

The VICE-PRESIDENT. Is there objection to the present consideration of the bill?

Mr. COCKRELL. Let it be read for information. The Chief Clerk read the bill, as follows:

Be it enacted, etc., That the Secretary of the Treasury be, and is hereby, authorized and directed to pay, out of any money in the Treasury not other­wise appropriated, to refund and pay back to Bonner & Merriman, doing business in Wan·en County, Tenn., under name and style of Bonner & Mer­riman, $374.40. The said $374.40, as shall be shown to the satisfaction of the Commissioner of Internal Revenue, was paid by them as internal-revenue tax on certain packages of distilled spirits destroyed by fire on the 8th day of October, 1889, in their warehouse, before said stamps were used.

Mr. McPHERSON. If permitted, I should like to make a single statement in respect to the bill.

Mr. HARRIS. Let the amendment be s tated. The VICE-PRESIDENT. Is there objection to the present

consideration of the bill? There being no objection, the Senate, as in Committee of tha

Whole, proceeded to consider the bill. The amendment of the Committee on Finance was, in line 8,

after the word "cents," to strike our the remainder of the bill in the following words :

The said $374..40, as shall be shown to the satisfaction of the Commissioner of Internal Revenue, was paid by them as internal-revenue tax on certain packages of distilled spirits destroyed by fire on the 8th day of October, 1889, in their warehouse, before said stamps were used.

And in lieu thereof to insert: In redemption of that amount of interna-revenue sta.mps issued to pay