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702 CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

deluded himself with the idea that it only meant earnings coming from interstate and foreign commerce; but the statute did not stop 'there. I will read it all as it stands on the statute book so that the Senator will see verified in this statute a great prin­ciple recognized by Chief Justice Marshall in Gibbonsvs. Ogden, the first great case which undertook to explain the power of Congress over interstate and foreign and domestic commerce­not only recognized in that case, but never departed from by any decision of the illustrious tribunal or of any of the judges of that court who have succeeded Chief Justice Marshall.

That principle is, that when it becomes necessary to fully, com­pletely, and effectually regulate interstate and foreign commerce, all powers, all facul t ies, all tradings, all acts, and all commerce which a1·e pur ely domestic and internal must fall before the supreme power of Congress in the hones t exercise of the power to regulate interstate and foreign commerce. It is well to note that. Senators who have argued against this proposition all the way through have gone upon the idea that there is a line, broad, marked, a gulf as impassable as lhat which separated Din~s from Abraham, running between interstate and foreign commerce upon one side, and domestic and internal commerce upon the other, across which Congress can never go.

Lest I be misunderstood, I will state that domestic commerce, domestic police powers, and transactions within a State are be­yond the jurisdiction of Congress, except only when it becomes necessary for Congress to execute fully, fairly, and completely the power vested in it to regulate interstate -and foreign com­merce. Then1 and then only, the inferior, the subordinate powers, jurisdiction, and faculties of the State must yield. The that books are full of that. John Marshall stated it, and I hope my distinguished friend from Delaware will not overlook it. • Mr. PUGH. I beg to suggest to the Senatorfrom Mississippi that he read the remainder of the section which he pr~omised to quote. .

Mr. GEORGE. I am verY. much obliged to my friend for the suggestion, and I will read 1t: .

SEc. 5. That it shall be unlawful for any common carrier subject to the provisions of this a<'t-

That is, a common carrier engaged in-interstate commerce­to enter into any contract, agreement, or combination with any other com­mon carrier or carriers for the pooling of freights of ditrerentand competing r~ilroads, or to divide between them the aggregate or net proceeds of the earnings of such ra.ilroads, or a.ny portion thereof; and in any case of an agreement for the pooling of freights as aforesaid, each day or its continu­ance shall be deemed a separate offense.

That takes it all in. Mr. GRAY. I do not wish to detain the Senate more than a

moment, but I wish again to call the attention of the Senator from Mississippi to the fact that, though I may be in mist and darkness mentally and intellectualJy in regard to this great question--

Mr. GEORGE. That expression was purely Pickwickian. IYir. GRAY. I wish to say to the Senatorthatoneof hisa~ute

mind and power of legal discrimination must have understood when I asked him for an instance in which a specific a~t had been declared to be a violation of the commerce clause of the Constitution, m· an obstruction or restriction of commerce, that I referred to some act which was outside of the domain of inter­stat3 commerce. When, therefore, he referred to the fifth sec4

tion of the interstate-commerce law which forbids contracts for pooling, he only referred to a law which inhibited contracts which related to and referred exclusively to, notwithstanding what he had just read, trans~tions of interstate commerce, and none other. Of course this is not the time to argue with the Senator, but I shall be very glad to hear him to-morrow enlarge upon that point.

Mr. WASHBURN. I move that the Senate do now adjourn. The motion was agreed to; and (at 5 o 'clock and 58 minutes

p. m.) the Senate adjourned until to-morrow, Friday, January 20, 1893, at 12 o'clock m.

HOUSE OF REPRESENTATIVES. THURSDAY, January 19, 1893.

The House met at 12 o clock m. The Chaplain, Rev. W. H. MILBURN, D. D., offered the following prayer:

0 Eternal God, as it hath pleased Thee to take out of this world the soul of a man .who once filled the mC>st illustrious sta­tion in the land, we humbly pray that Thy truth and love may be the consolation and comfort of his children stricken by this heavy blow. Move men of all parties to pay the deserved tribute to his eminent'character and services, and at the grave's mouth may all anger and strife cease and ba forgotten.

As we a re all here upon the earth for only a brief season, and soon-must take our journey into the invisible, knit our hearts more and more closely in the bonds of brotherly kindness and

charity, that we may be the children of our Father in Heaven, and that an abundant entrance may be ministered unto us into Thine everlasting kingdom. We pray through Jesus Christ our Lord. Amen .

The Journal of yesterday's proceedings was rea-d and approved. DEFICIENCIES IN POSTAL SERVICE.

The SPEAKER laid before the House a letter from the Secre­tary of the Treasury, transmitting supplemental estimates of de4

ficiencies in appropriat ions on account of postal service, submitted by the Sixth Auditor; which was referred to the Committee on Appropriat ions, and ordered to be printed.

The SPEAKER a :!.so laid before the House a letter from the Secretary of the Treasury, transmitting estimates of deficiencies in apJ?ropr iations for postal service for the current fiscal year, subm1tted by the Postmaster-General; which was referred to the Committee on Appropriations, and ordered to be printed.

BREVETS IN THE ARMY. The SPEAKER also laid before the House a letter from the

Secretary of War, t ransmitting a communication from the Major­General Commanding the Army, submittina-reasons why Senate bill No. 2699, relating to brevets in theArziiy, should not become a law; which was referred to the Committee on Military Affairs, and ordered to be printed.

CLERKS AND EMPLOYES IN NAVY DEPARTMENT.

The SPEAKER also laid before the House a letter from the Secretary of the Navy, transmitting a list of clerks and other em­ployes oi that Department during the calendar year 1892; which was referred to the Committee on Expenditures in the Navy De­partment, and ordered to be printed.

SCHOOLS IN UTAH TERRITORY .

The SPEAKER also laid before the House a letter from the Secretary of the Interior, transmitting the fifth annual report of the commissioner of schools for Utah Territory; which was re­ferred to the Committee on Education, and ordered to be printed.

WAR CLAIMS. The SPEAKER also laid before the House a copy of the find­

ings of the Court of Claims in the case of David Graham t'S. United States; which was referred to the Committee on War Clai.ms, and ordered to be printed.

The SPEAKER also laid before the House a copy oi the find­ings of the Court of Claims in the case of F. M. Freeman vs. United States; which was referred to the Committee on War Claims, and ordered to be printed.

The SPEAKER also laid before the House a communication from the Court of Claims transmitting copies of the findings of the court in the cases of the following-named persons against United States: M. C. Baylor and Benjamin Brown; which was referred to the Committee on War Claims, and ordered to be printed.

WASHINGTON AND ARLINGTON RAILWAY COMPANY.

The SPEAKER also laid before the House a letter from the President of the Washington and Arlington Railway Company, transmitting a statement showing the stockholders and there­ceipts and disbursements, from its organization to December 31, 1892; which was referred to the Committee on the District of Columbia, and ordered to be printed.

CHANGE OF REFERENCE. Mr. BLANCHARD. Mr. Speaker, I am instructed by the

Committee on Rivers and Harbors to report back a letter from the Secretary of the Treasury, transmitting copy of a letter from the collector of customs at Chicago, Ill., in relation to harbor lines in the waters of Chicago, and ask that the committee be discharged from its further consideration, and that it be referred to the Committee on Interstate and Foreign Commerce.

There being no objection, the change of reference .was ordered .as requested.

BRIDGE ACROSS THE HUDSON. •

Mr. COVERT. Mr. Speaker, I ask unanimous consent for the present consideration of the bill (H. R. 7585) to authorize the New York and New Jersey bridge companies to construct and maintain a bridge across the Hudson River between New York City and ~he State of New Jersey.

Mr. CAMPBELL. I object. ENROLLED BILLS SIGNED.

Mr. SCOTT, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled the bill (H. R. 10015), to authorize the construction of bridges across the Hia­wassee, the Tennessee, and the Clinch Rivers, in the State of Tennessee.

DR. JOHN B. READ.

Mr. BANKHEAD. Mr. Speaker, I ask unanimous consent for the present consideration of the bill (S. 1312) for the relief of Dr. John B. Read.

1893. CONGRESSIONAL RECORD-HOUSE. 703 THE SPEAKER. The bill will be read subject to objection. The bill was read at length. Mr. TAYLOR of illinois. Let the report be read subject to

objection. . _ '.rhe SPEAKER. Without objection the report will be read. The report was read at length. Mr. TAYLORoflliinois. Beforeconsentisgiven, Mr. Speaker,

I should like to have some further explanation of this bill. Mr. BANKHEAD. Mr. Speaker, as set forth in the report,

in 1856 Dr. Read invented a rifle shot or projectile which was ex­tensively used by the United States Government under a con­tract made with him for that purpose. He had a contract with the Secretary of War to pay him a reasonable royalty on the in­vention in case of its use by the Government. Under that con­tractand after this invention had been extensively used, a board of army officers was appointed to ascertain and investigate what a reasonable royalty would befor the use of the projectile. That board of army officers, after a very thorough investigation of the subject, reported that~ their opinion $17,000 was a reason­able and just price to pay for the inv-ention.

This bill has been passed by the House on three separate oc­casions; it has passed the Senate on two occasions, and passed both the House and S~nate on one occasion, but failed to reach the President in time for his signature. I think it is a perfectly just claim.

Dr. Read has been prosecuting this claim for some twenty years past; he has grown old in its prosecution.

It is certainly a just and proper claim; the Gov~rnment owes the amountof money, and if it intends to pay its just debts to its citizens it seems to me that there can be no reasonable objection interpo~ed to the passage of this bill.

Mr. OATES. If my colleague will allow me, for twenty years or more this claim has been before Congress, and never in a single instance has there been a report -adverse to it. There­ports have been uniformly in its favor.

The SPEAKER. Is there objection to the present considera­tion of the bill?

·Mr. TAYLOR of Illinois. This is a very old claim, but I am informed that the b :meficiary is a deformed little girl, and so I do not object.

Mr. BYNUM. I object.

MESSAGE FROM THE SENA'.VE.

A message from the Senate, by Mr. McCooK, its Secretary, announced that the Senate had disagreed to the amendments of the House to the bill (S. 1307) to provide a permanent system of highways in that part of the District of Columbia lying outside of the city, had agreed to a further conference asked by the House, and had appointed Mr. HARRIS, Mr. MCMILLAN, and Mr. PERKINS as the conferees on the part of the Senate.

It also announced that the Senate had passed the bill (S. 3707) making an appropriation for establishing buoyage on the water front of Chicago, Lake Michigan, Illinois; in which the concur­rence of the House was requested.

It also announced that the Senate had agreed to the amend­ments of the House of Representatives to the joint resolution (S. R.128) ''to authorize the S ecretary of War to grant permits for the use of reservations and publicspaces in the city of Wash­ington, and for other purposes."

GRUBB & ROBINSON.

Mr. BRODERICK. I ask unanimous consent for the present consideration of the bill (H. R. 9413) to authorize the proper ac­counting officer of the Treasury Department to examine and audit, according to equity, t_he claim of Grubb & Robinson, a firm consisting of Alfred B. Grubb and William H. Robinson, and of Alfred B. Grubb, for building material sold and delivered to members of the "Prairie band of Pottawatomie Indians in Kansas.

The bill was read at length. Mr. BRODERICK. I ask to have the following report read. The SPEAKER, Without objection thereportaccompanying

the bill will be r ead. The report wag read at length. The SPEAKBR. Is there objection to the present consider­

ation of the bill? Mr. WATSON. I call for the regular order. The SPEAKER. The demand for the regular order is equiva­

lent to an objection. The regular order is the call of the standing and select com­

mittees for reports.

SALARIES OF THE RAILWAY POSTAL CLERKS. Mr. HENDERSON of North Cat·olina, from the Committee

on the Post-Office and Post-Roads, reported back the bill (S. 2604) to reclassify and prescribe the salaries of railway and postal

clerks; which was referred to the Committee of the Whole House on the state of the Union.

SENECA INDIANS.

Mr. HOOKER of New York, from the Committee on Indian Affairs, reported ba~k the bill (H. R.10206) to ratify and confirm an agreement made between the Seneca Nation of Indians and William B. Barker; which was referred to the Committee of the Whole House on the state of the Union.

NEW YORK INDIANS. The SPEAKER. The morning hour begins at twenty-four

minutes past 12 o'clock. Mr. PEEL. Mr. Speaker, I ask that the call go back t-o the

Committee on Indian Affairs, which committee was passed with­out ~rejudice. I desire to take up a bill which has already been considered in part, authorizing the New York Indians to bring their claims before the Court of Claims.

The SPEAKER. The Committee on Indian Affairs had re­served to it the right to be called, and the gentleman from Ar­kansas now exercises that right.

The Clerk will report the title of the bill pending in the morning hour.

'Ihe Clerk read as follows: A bill (H. R. 5679) to provide for a settlement with tha Indians who were

parties to and beneficiaries under the treaty concluded at Bu1falo Creek, in the State of New York, January 15, 1838, for the unexecuted stipulatioru; of that treaty.

The SPEAKER. This bill was being considered in Committee of the Whole.

Mr. PEEL. I move that the House resolve itself in the Com­mittee of the Whole for the further consideration of this bill.

The motion was agreed to. Accordingly the House resolved itself into the Committee of the

Whole House on the state of the Union, for the further considera­tion of the bill {H. R. 5679) to provide for a settlement with the Indians who were parties to and beneficiaries under the treaty concluded at Buffalo Creek, in the State of New York, January 15, 1838, for the unexecuted stipulations of that treaty, with Mr. TARSNEY in the chair.

Mr. PEEL. Mr. Chairman, if the committee will give me their attention I will say that it will be remembered by those who took notice of the proceedings in this matter, that when the hour expired the other day the committee was dividing.

The CHAIRMAN. The gentleman from Arkansas [Mr. PEEL] and the gentleman from New York [Mr. BENTLEY] were act­ing as tellers.

Mr. PEEL. If the tellers were to resume their pla~es now-, of course the committee would be unable to remember the sub­ject-matter, and I move that the vote by which tellers were ordered may be reconsidered, so that the subject-matter may be explained again to the committee, and so that members may know what they are voting upon.

The motion was agreed to. Accordingly the vote by which tellers were ordered was re­

considered. Mr. PEEL. Now, Mr. Chairman, if the committee will give

me their attention-and especially if the gentleman from In­diana [Mr. HOLMAN], who objected to this matter before, will give m e his attention-:-! will say that the Committee on Indian Affairs reported a House bill to appropriate nearly two millions of dollars to pay the New York Indians theil' claim as found by the Court of Claims. The Senate committee reported a bill to refer the matter to the Court of Claims again for the purpose of ascertaining the law in connection with the facts, as well as the facts themselves. When the bill was up before, we asked to sub­stitute the Senate bill for the House bill. Since that time the Senate have passed their bill referring this matter to the Court of Claims. I have the proceedings as shown by the RECORD, in myhand. .

I now move that the engrossed Senate bill, which is the same as the printed Senate bill, be substituted for the House bill. The House bill appropriates the money, while the Senate bill does not, but refers the matter to the Court of Claims to find the amount due, restricting the court from finillng any interest; so that the first vote should be on the motion to substitute the Senate bill for the House bill. To that I do not think there can be any objection, because the House bill appropriates the money, while the Senate bill refers the matter to the court. I would like to have a vote on that, so that we may get to the substitute, and then the matter will be thoroughly explained to the com-mittee. -.

Mr. HOLMAN. Let the Senate bill be read. Mr. PEEL. I ask that the engrossed Senate bill be read. It

is the bill (S. 3407) to authorize the Court of Claims to hear and determine the claims of certain New York Indians against the United States.

• "'

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704 . CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

The bill wa.s read, as follows: Be it enacted, etc., That jurisdiction is hereby conferred on the Court of

Claims to hear and enter up judgment as if it had original jurisdiction of said case, the claim of the New York Indians, being those Indians who were parties to the treaty of Bu1'l'alo Creek, New York, on the 15th of January, 1838, against the United States, growing out of the alleged unexecuted stipu­lations of said treaty on the part of the United States. In the hearing and adjudication of said case said coru·t may proceed upon the finding of !acts already made, upon a reference of said claim to said court, fl.le.i on the 11th day of January, 1892, and transmitted to Congress by John Randolph, as­sistant clerk of said court, on the 16th day of January, 1892. Or said court may, it in its opinion justice so requires, take other testimony as to facts. But in any judgment it may render against the United States, in favor of said claimants, interest shall not be allowed. The statute of limitations shall not be pleaded as a bar to recovery in said case. The Attorney-Gen­eral is hereby directed to appear in behalf of the United Stat~s in said case. And from any judgment rendered by the court, either party may appeal to the Supreme Court of the United States. Said cause shall be ad­vanced on the docket and tried without delay in any court which shall be­come invested with jurisdiction thereof by the provisions of this act.

Mr. PEEL. Now, Mr. Chairman, the question is on adopting the substitute, which refers the matter back to the Court of Claims to determine, instead of voting upon the House bill which appropriates the money.

The CHAIRMAN. The question-is on the motion of the gen­tleman from Arkansas [Mr. PEEL], that the Senate bill now on the Speaker's table, just reported by the Clerk, be recommended to the House as a substitute for the House bill, and that the House bill do lie upon the table.

Mr. HOLMAN. I wish to inquire of my friend from Arkansas [Mr. PEEL] whether this matter has been referred to the Indian Bureau· and a report made?

Mr. PEEL. I am not advised; but.mycolleague [Mr. HOOKER of New York] can probably tell.

Mr. HOOKER of New York. It has been, and the Indian Bureau recommends the passage of the bill.

Mr. HOLMAN. I hope we will have the report from the In­dian Bureau read.

Mr. HOOKER of New York. I have not the report here. Mr. HOLMAN. I think this measure should not pass unless

it is recommended by at least the Indian Commissioner, and I think it should also be recommended by the Secretary of the Interior.

Mr. PEEL. I will say to my friend that he certainly can not object to a vote being taken on the question of substituting the Senate bill for the House bill. Then the issue will arise whether the substitute should pas3. I would like to have a vote taken on that, and then I will have the statement from the Senate read, which explains the matter very fully. My colleague [Mr. HoOKER of New York] states that the Commissioner has rec­ommended it, and I hope the gentleman will not object.

Mr. HOLMAN. But the letter of the Commissioner ought to be printed in the RECORD. .

Mr. PEEL. It may be in the report. Mr. HOLMAN. My friend will understand fully that it is

obvious that this claim will be adjudicated in favor of the Indians by the court, from the finding which they have already made, the subject having already been before them. The only question is whether, in a claim over fifty years of age, the House should apply the principle of the statute of limitations or not. If the matter is referred to the court, of course the court will allow the money. That is very obvious from the facts already stated, and which appears in the report. I do not remember what gentle­man interested himself in thesubjectwhen it wasupbefore, but a question of this magnitude ought certainly to be fairly considered.

I was in hopes that the Secretary of the Interior, or at least the Commissioner of Indian Affairs, had made a full report upon the claim. This transaction occurred over forty years ago, and it seems to me almost incredible that this should have remained all this time in this way.

Mr. PEEL. Mr. Chairman, it is not strange to a man who had had experience in this House why claims against the United States, by Indians or anybody else, are allowed to grow old. I am not posted why it was in this particular case; butiamnever afraid of the courts of my own country adjudicating a claim against the Government for anybody. The motion which I make now is not to pass the bill, but to pa.ss the substitute, a Senate bill, which the Senate has passed (and I have the proceedings of that body in my hand), to refer this claim ba-ck to the Court of Claims.

The court once found in favor of these Indians. Instead of going on with the other bill, and appropriating the money, in response to that judgment of the Court of Claims, the Senate thought it safer to send the claim back to the Court of Claims for further adjudication, with the right of either party to appeal to the Supreme Court of the United States, the Government to be represented by the Attorney-General. Therefore I can not see why any gentleman can object to adopting this substitute, and let each party take its chance in the courts of our own coun­t-ry to see whether the Indians are entitled to the amount.

Mr. HOLMAN. As · against anybody else but Indians, the statute of limitations would have operated long ago. I do not pretend to say that the statute of limitations ought to operate against the Indian tribes, because in some sense we are the trus­tees of those Indians, but certainly my friend will do the com­mittee the justice to have at least the findino-s of the Court of Claims-read, so that we may know what we a~e doing.

Mr. PEEL. Mr. Chairman, the report made by the Senate committee contains all that; but it will take our entire hour to have it read.

Mr. HOLMAN. Read what the Senate committee did. Mr. PEEL. The whole report of the Senate committee was

read before, at the instance of my friend from Indiana. The committee made the Senate report a part of their report. The findings of the Court of Claims have been read to this House. My friend from Indiana says now he recognizes the fact that the statutes of limitation ought not to be applied against our wards. My friend forgets that before, at his instance, I moved to strike out that portion of the bill providing that the statute of limita­tion should not run. It was stricken out by this committee on my friend's own motion. Now, he admits tb.at that ought not to be done, and he is fairer now than he was then.

I hope we will have a vote upon the substitute; and then we will discuss further the merits of the substitute. ·

Mr. HOLMAN. -I think the report ought to be read. Mr. PEEL. It has been read once. Mr. HOLMAN. I know; but these things pass out of our minds

so rapidly. Mr. RAY. Mr. Chairman, I would like to say to the gentle­

man from Indiana that this claim has not slept. President Lin­coln recognized the justice of the claim in 1864-

The CHAIRMAN. Does the gen tl em an ask for the reading of the Senate or the House report?

Mr. HOLMAN. I think that the House report ought to be read.

Mr. PEEL. The House report adopts the Senate report, and to have it read now would be equivalent to defeating the whole measure.

Mr. REED. Ask unanimousconsentfor thecontinuanceofthe morning hour.

Mr. PEEL. The report has been read once. Mr. REED. Perhaps if you were to ask for the continuance of

the morning hour until this bill is finished, you might dispose of the measure.

Mr. PEEL. The committee that has the day would object. This day is set apart for the consideration of business of another committee.

Mr. REED. I do not think the gentleman from Indiana means to defeat the bill in that way.

Mr. RAY. Mr. Chairman, I want to say for the information of the gentleman from Indiana [Mr. HOLMAN] that P l'esident Lincoln recognized the justice of the claimants in their demand in 1 64. It was also recognized ~gain in 1868 by President John­son, by the appointment of a commissioner to treat for the ex­tinguishment of the Indian title t~J these lands. But nothing was _accomplish~d. then. Sine~ then bills for the purpose of makmg appropnatwns to perm1t the Secretary of the Interior to adjust this claim have been passed on in committee, in the Forty-third Congress, in the Forty-fifth Cono-ress, and in the Forty-eighth Congress, with favorablerepot'ts~but the auestion never has been reached for action. ~

Mr. HOLMAN. Now, what was the title to be extinguished? Mr. RAY. The title of these Indians. Mr. DOLLIVER. M.r. Chairman, we can not hear what the

gentlemen say. The CHAIRMAN. The Chair is unable to hear a word. Mr. RAY. Mr. Chairman, by the treaty made with these In­

dians almost the entire State of Kansas was given to these In­dian tribes. Afterwards the Government went on and sold these lands at about $1.43 per acre and covered the money into the Treasury, without making any provision for the protection of the rights of these Indians. Of course the title to that land has passed to the settlers, and it was for the purpose of appropri­ating money to extinguish the title of the Indians and their claims to this land that this action was taken. ·

Mr. HOLMAN. Was not that grant made to those Indians on condition of their settlement upon the lands and their aban- . donment of certain Indian lands in Wisconsin and Michigan?

Mr. RAY. The grant of these lands in Kansas was made by that treaty to those Indians upon condition that they sho-uld sur­render certain lands in Wisconsin.

Mr. MILLER. Five hundred thousand acres. Mr. RAY. Yes, 500,000 acres of land in Wisconsin. They

did surrender and relinquish to the United States Government their claim to those lands. The United States Government did sell those lands in Wisconsin, did receive the money for them,

1893. CONGRESSIONAL RECORD- HOUSE. 705 and did cover it into the Treasury, without making compensa­tion to these Indians to the amount of a single cent.

Mr. HOLMAN. But was not the conditions upon which the grant wa3 made of the lands in Kansas that the Indians should settle upon them? .

Mr. PEEL. I believe I have the floor, Mr. Chairman. The gentleman from Indiana is mistaken. The repor ts that I have here show that the lands granted to these New York Indians in Wisconsin containedl,800,000 acres-nearly 2,000,000 a-cres of land-estimated by the Court of Claims as worth a dollar an acre at that time. The Indians were to remove within five years or at such time as the President should fix for their removal. The President never did fix and time for them to remove, there­fore they did not in my judgment forfeit their rights; but that is a legal question for the courts to try, and that is one of the r easons why the matter should go to the courts.

Mr. HOLMAN. But the grant of these lands in Kansas was made upon condition that the Indians should settle upon them at some time.

.lvir. PEEL. Whenever the President should fix the time; but the President never did fix the time.

Mr. RAY. And the Government was to remove the Indians when they did go.

Mr. PEEL. Now, Mr. Chairman, I ask that the Clerk read the statement made the other day in the Senate by S ::mator PLATT when the Senate bill was up for consideration, and I ask gentlemen to pay close attention to the reading because the Sena­tor explains the whole matter. I trust that then we shall have a vote on the substitute.

The CHAIRMAN. The Chair will state to the gentleman from Arkansas that the substitute can not be considered in the Com­mittee of the Whole, but only in the House.

Mr. PEEL. Very well, I move that the _committee rise and report the House bill to the House with the recommendation that it lie on the table. Then we can substitute the Senate bill.

The motion was agreed to. The committee accordingly rose; and the Speaker having

resumed the chair, Mr. TARSNEY, from the Committee of the Whole, reported that they had had under consideration the bill H. R. 5679, and had directed him tO report the same to the House wHh the recommendation that it lie on the table.

The SPEAKER. The gentleman from Missouri, the Chair­man of the Committee of the Whole, reports that they have had under consideration the bill H. R. 5679, and have directed him to report the same back to the House with the recommeudation that it do lie on the table.

Mr. PEEL. ·A parliamentary inquiry, Mr. Speaker. Is the substitute to the Senate bill now before the House?

The SPEAKER. It is not. The Chair understands the Sen­ate bill to be on the Speaker's table, and the Committee of the Whole has no control of that.

Mr. PEEL. Well, I desi"e now to call up the Senate bill for consideration.

The SPEAKER. That can be done by unanimous consent. There was no objection. The SPEAKER. Does this bill carry an appropriation? Mr. PEEL. It does not. The SPEAKER (having examined the bill). This bill ought

to be considered in Committee of the Whole on the state of the Union, unless by unanimous consent that committee is discharged from its consideration. ·

Mr. PEEL. I ask unanimous consent, Mr. Speaker, that the Senate bill be considered in the House as in Committ2e of the Whole.

There was no objection, and it was so ordered. Mr. PEEL. Now, Mr. Speaker, I ask that the Clerk read S en­

ator PLATT'S statement which I send to the desk, and from which, if gentlemen pay attention to the reading, they will get a full understanding of this whole question.

The Clerk r ead as foll(lws: Mr. PLATT. I had not thought that this measure was coming up at this

time, and perhaps I may not be able to recall the facts at this moment; but the claim of theN ew York Indians to be compensated for certain lands which were given them in lieu of the lands which they had in New York was re­ferred under the Bowman act to the Court of Claims in 1881. The Court of Claims found all the facts in relation to it and ruade a statement of the ac­couu t, without pretending to determine whether legally the Indians were en­titled to recover or not. But they found all the facts upon which they stated tbe acco~nt, and the statement ot the account showed nearly $2,000,000. That finding of the Court of Claims came to Congress, and the Committee on Indian Affa.rrs were asked to report a. bill to pay that amount to the New York Indians with interest. We reported, however, that the Indians should have the right now to go to the Court of Claims upon the law, and indeed upon the fact. I will read the conclusion of the committee:

''It will be observed that this finding was made under the so-called 'Bow­man act,' and deals only with facts. Upon the facts as found questions of law arise as to whether the United States is liable for a money payment to t.he claimants; and, if so, the amount thereof. These questions, in the opin­ion or the committee, should be determined by a court where they can all be carefully considered and decided. The committee therefore recommend the

XXIV - 45

passage of the accompanying bill conferring jurisdiction on the Court of Claims to hear and determine the case.

''The claimants demand interest on ths value of their lands in Kansas, which were set apart for them with a view of their removal thereto, from 1843, or certainly from the year 1860, when the United States proclaimed the Kansas lands open to settlement. But in the judgment of the committee this case is not one in which interest should be allowed against the Govern­ment."

So we inserted in the bill that whatever finding there might be by the court, it should not include interest. -

In 1838 the Govarnment made a. treaty with these Indians, then in New York, by which, in consideration of their giving up some lands in New York, other lands were to be given up to them in Wisconsin called the Green Bay lands. Afterwards, there having arisen some controversy with the Menomo­nee Indians, the Wisconsin lands being desired for settlement, the Govern­ment made another treaty with these Indians by which they gave up the Wisconsin Iandsinc9nsideration that they should have 1,82-!,000 acres in Kan­sas. 'l'he Indhn::; never went to the Kansas lands except & small body of them.

Mr. HISCOCK. But they gave up the New York lauds. Mr. PLATT. But they gave up the New York lands. When, however,

Kansas wa.s opened up for settlement, settlers rushed in and occupied the lands. From that time to the present the New York Indians have been claiming payment.

Under some subsequent treaties, one band of these Indians, I think the Tuscaror:1s, was paid for their share in these lands at the rate of a dollar an acre. There were some subsequent treaties made by the Indians, which were not however ratified by Congress, because Congress, in 1871, said it would not make any more treaties with Indians. By these treaties some of tbe other bands were to be paid.

To my mind, the legal question which arises in this case is, whether by not removing to these lands the Indians did not forfeit them. Theyreplytotha.t by saying that they were to remove within five years, but that the Govern­ment was to fix the time within which they should remove, which it failed to do, and consequentlythere can beno forfeiture. They urge that notwith­standing that claim might have been sat up, the Government has since set· tied with one tribe and paid them at the rate ot a dollar and a quarter an acre and made a treaty agreeing to pay others, but that treaty has not been ratified. The committee thought t.hat if these Indians were entitled to be paid for these lands in law, they ought to be paid, but that the place to de­termine that was not here in Congress, but the Court of Claims, and I think the matter can be safely left to the Court of Claims to determine whether in law they are entitled to this payment or not.

Mr. DAWES. Will the Senator please tell me just what is submitted to the Court ot Claims by this b111?

Mr. Pr,ATT. I will read it: · "That jurisdiction is hereby conferred on the Court of Claims to hear and

enter up judgment as if it had original jurisdiction or said case. the claim of the New York Indians, being those Indians who were parties to the treaty of Buffalo Creek, N.Y., on the 15th of Janu.a.ry, 1838, against the United S ta.tes, growing out of the alleged unexecuted stipulations of said treaty on the part ot the United States. In the hearing and adjudication of s<1.id case said court may proceed upon the finding of facts already made, upon a reference or said claim to said court, flied on the 11th day of January, 1892, and trans­mitted to Uon'uess by John Randolph, assistant clerk of said court, on the 16th day of January, 1892. Or said court may, if in its opinion justice so re­quires, take other testimony as to facts. But in any judgment it may render against the United States, in favor of · said claimants, interest shall not be allowed." _

'l'he Indians say with great force that they surrendered their lands iuNew York, they being the original Six Nations, for other lands in Wisconsin and without any consideration, unless it was a. small payment of $20,000 or some such sum: and then, at the request of the Government, they exchanged their lands in Wisconsin. so that the Government might have them settled upon and opened up, for lands in Kansas, and that they have never received in anyway compensation for the surrender of their lands in New York.

I conceive that ~h~ on~y question against their recovery grows, first, out of the statute of limitatiOns, and,second, out of the fact that they did notre­move to Lhe lands in Kansas. There is, however, force in theh· claim that the Go~ez:nment J:tas go.t their lands in New York without compensation, and their 1s !orce m their claim that under the treaty of 1838 it was the duty of !~~g~~:~~~i~~i~ i~~ a. time within which they should remove, but the Gov-

The bill was repor te1 to the Sen:a.te without amendment. ordered to be en­grossed for a third reading, read the third time, and passed.

Mr. PEEL. The Senate committee,. upon an examination of the matter, found that on a reference of the case to the Court of Claims under the Bowman act the facts had beenfound in favor of the Indians; but that committee concluded that inasmuch as there was a legal question to be settled, it could be determined more ap propriately in the courts t:Q,an in Congress, and therefore they recommended and the Senate passed the bill whjch I now ask the Housa to pass, to refer this case back to the court that it may be fully adjudicated as to the law and the facts with the right of an appeal by either party to the Supreme Co~rt of the United States, the Government being represented by the Attorney-General.

Mr. BLANCHARD. I wish to inquire _of my friend from Ar­kansas [Me. PEEL] whether these are the same Indians in rela­tion to the disposal of whose lands in Kansas a bill passed both Houses of Congress a few years ago?

Mr. PEEL. I do not know whether I understand the gentle­man. . Mr. BLANCHARD. A bill passed Congres3 a few years ago m r eference to certain New York Indian lands in Kansas and authorized settlers on the lands to take them at an appr~ised valuation, made some years before, under which authority lands worth $25 an acre were allowed to be taken by those settlers at an average of $2 or $2.50 an acre. Are these the same Indians~

Mr. PEEL. A part of them, I suppose, are. The gentleman has, I presume, noticed by the reading of the report that a very small portion of theN ew York Indians went out to Kansas to settle, b~t by reason of the troubles prevailing there at the time they d1d not take the lands, but abandoned them. White settlers

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706 CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

bought those lands under an appraisement, and the bill to which the gentleman refers was for the purpose of sending the matter to the court to determine whether or not .those Indians had any claim to those individual settlements.

Mr. BLANCHARD. Myobjectwas toascertainfrom thegen­tleman from Arkansas whether this bill is in the interest .of the same New York Indians to whom a reservation of land in Kansas was made long years ago.

Mr. PEEL. I will say to my friend that the object of this bill is to carry this matter to the Court of Claims to determine whether these New York Indians, as a tribe, are entitled to pay for the lands which were set apart for them in Kansas, and which they relinquished-whether they forfeited their right to com­pensation for those lands, inasmuch as the Government took them and sold them to settlers?

Mr. BLANCHARD. These are the same Indians, then? Mr. PEEL. A part of them. . Mr. BLANCHARD. Then I wish to say that I think a great

outraO'e was perpetrated upon those Indians by Congress in the passage of the bill referred to, permitting their lands to be taken a.t an appraisement which was far below their actual value, and a. measure which I strenuously opposed at the time.

Mr. PEEL. These Indians did not: in fact , get anything. Mr. HOLMAN. As a matter of fact the Indians who went to

Kansas under the treatywhich has been referred to, received finally the proceeds of the lands which were sold to settlers and paid for at .the rate of $2.50 an acre:

Mr. PEEL. My fr iend from Indiana is mistaken ahout that. !'hey never got anyth ing. They did not get the lands; and when thos. lands were afterwards sold at an appraisement, they did not receive the proceeds, because they could not be found. Asap­pears by the discussion in the Senate there was great difficulty in identifying the individual Indians, because so many of them had passed away.

Mr. Speaker, I hope we shall now have a vote on the Senate bill. The question being taken, the bill was ordered to a third read­

ing; and it was accordingly read the third time, and passed. MONUMENT AT FORT GREEN, BROOKLYN, N. Y.

· Mr. CUMMINGS. I ask that the Committee on the Library, which the other day was passed over without prejudice, be now called. ·

The SPEAKER. That committee will now be called. The gentleman from New York tMr. CUMMINGS] is recognized.

Mr. CUMMINGS. I ·move that the House resolve itself into Committee oi the Whole on the state of the Union for the con­sideration of the biil (H. R. 297) for the erection and completion of a. monument to the memory of the victims of prison ships at­Fort Green, Brpoklyn, N. Y.

The bill was read. Mr. KILGORE. I move that the House do now adjourn. The question being taken, therewere,ona division(demanded

by Mr. Krr..GORE)-ayes 3, noes 114. So the motion to adjourn was rejected. Mr. KILGORE. I move that the House take a recess until 5

o'clock this evening. The question beingtakenon themotionforarecess, there were,

on a division (demanded by Mr. KILGORE)-ayes 3, noes 102. Mr. KILGORE. No quorum. Tellers were ordered; and Mr. CUMMINGS and Me. KILGORE

were appointed. The House again divided; and the tellers reported-ayes 6,

noes 162. So the motion for a recess was rejected.

.The SPEAKER. The question recurs on the motion of the gentleman from New York that the House resolve itself into Committee of the Whole to consider the bill the title of which has just been read.

FJ::hequestionwastaken; and on a division there were-ayes 55, noes 7.

Mr. KILGORE. No quorum. The SPEAKER appointed Mr. CUMMINGS and Mr. KILGORE

as tellers. The House proceeded to-divide. Before the count was com­

pleted the morning hour expired. ORDER OF BUSINESS.

The SPEAKER.. The Clerk will report the special order of business fixed for to-day.

The Clerk read as follows: Resolved, That Thursday, the lOth instant, and Saturday, the 21st instant,

beginning immediately after the second morning hour, be set apart for the consideration of bills reported from the Committee on Interstate and Foreign Commerce, bills to be considered in the order indicated by said committ~e.

Nothing in this order tointer l ere with the right ot the House to consider revenue and general appropti.ation bills.

CONSTRUCTION OF CERTAIN LIGHT-HOUSES, ETC. .Mr. BRICKNER. Mr. Speaker, I call up the bill (H.R.9955)

providing for sundry light-houses and other aids to navigation, reported with amendments from the Committee of the Whole, and demand the previous question on the bill, with its amend­ment, to engrossment and third reading.

The SPEAKER. The Clerk will report the bill. The Clerk proceeded to r ead the bill. Mr. WISE. Mr. Speaker, this bill has been read once, was

considered in Com.rllittee of the Whole, and reported favorably to the House. As I understand, it is not necessary to read the bill at this time.

The SPEAKER. What is the gentleman's motion? Mr. WISE. The motion was for the previous question on the

bill and· its amendment, to i ts engrossment and third reading. Mr. HOLMAN. But the bill has not been read in the House. The SPEAKER. When the bill is ordered to be read the third

time it can be read at length, if the gentleman so desires. The question is on the demand of the gentleman from Wiscon­

sin for the previous question, on the engrossment and third read­ing of the bill and amendment.

The question was taken, and on a division there were-ayes 119, noes 1. .

Mr. KILGORE. No quorum. Mr. BRICKNER. I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 210, nays 20, not

voting 99; as follows:

Abbott, Allen, Amerman, .Andrew, Arnold, Atkinson, Babbitt, Baker, Bankhead, Bartine, Beeman, Belknap, Bentley, Bergen, Blanchard, Bland, Boatner, Boutelle, Bowers, Bowman, Branch, Breckinridge, Ky. Brickner, Broderick, Brosius, Brunner, Bullock, Bunn, Burrows, Busey, Bushnell, Butler, Bynum, Cadmus, Caldwell, Caminetti, Campbell, Catchings, Chipman, Clan cy , Clark, Wyo. Clarke, Ala. Clover, Cobb, Ala. Cobb, Mo. Coburn. Cogswell, Coombs, Covert, Cox,N.Y. Cox, Tenn. Crain, Crawford,

YEAS-210.

Crosby, Jolley, Cummings, Jones, Curtis, Kribbs, Cutting, Kyle, Dalzell, Lagan, Davis, Lanham, De Forest, Lawson, Va. Dkkerson, Lawson, Ga. Din~ley, Layton, Dolllver, Lester, Ga. Donovan, Lind, Dungan, Little, Dunphy, Livingston, Edmunds, Lockwood, Ellis, Lodge, English, Long, Enochs, Louc1, Everett, Lynch, Fellows, Magner, Fitch, Mallory, Flick, Mansur, Forman, McAleer, Gantz, McKaig, Geary, McKinney, Geissenhainer, McLaurin, Gillespie, McRae, Gorman, Miller, Greenleaf, Montgomery, Hallowell, Moses, Halvorson, Mutchler, Hamilton, Newberry, Hare, Oates, Harmer, O'Donnell, Hani.es, O'Ferrall, Harter, Ohliger, Haugen, O'Neil, Mass. Hayes, Iowa O'Neill, Pa. Heard, Owens, Henderson, N.C. Page, Henderson, ill. Patterson, Tenn Herber t , Pattison, Ohio Hilborn, Patton, Hitt Payne, Hoar, Peel, Hooker, Miss. Pendleton, Hooker, N.Y. Perkins, Hopkins, Pa. Post, Hopkins, Ill. Price, Honk, Ohio Quackenbush, Hufi', Randall, Johnson,Ind. Ray, Johnson,Ohio Rayner, Johnstone, S.C. Reilly,

NAYS-20. Alexander, Bretz, Fithian, Antony, Brookshire, Grady, Bailey, Cable, Lane, Blount, Capehart, Lapham, Breckinridge, Ark. De Armond, Martin,

Alderson, Bacon, Earwig, Belden, Beltzhoover, Bingham, Brawley, Brown, Ind. Brown, Md. Bryan, Buchanan, N . J. Buchanan, Va. Bunting, Byrns, Caruth, Ca.stle,

NOT VOTING-99. Cate, Causey, Cheatham, Cockran, Compton, Coohdge, Cooper, Cowles, Culberson, Daniell, Dixon, Do an, Dockery, Durborow, Elliott, Enloe,

Epes, Forney, Fowler, Funston, Fyan, Goodnight, Griswold, Grout, Ha.ll, Hatch, Haynes, Ohio Hemphill, Henderson, Iowa Hermann, Holman, Houk,Tenn.

Reyburn, Richardson, Scull, See1·1ey, Shell, Shonk, Simpson, Sipe, Smith, Snow, Sperry, Stephenson, Stevens, Stewaru, Ill. Stewar1, Tex. Stockdale, Stone, C. W. Stone, W. A. Storer, Stout, Stump, Tarsney, Ta-ylor, lll. Taylor, Tenn. Taylor, E. B. Taylor, J. D. Terry, Tillman, Tracey, Tucker, Turner, 'l'urpin, Van Horn, Walker, Warnet·, Watson, Waugh, Wea.dock, Wever, Wheeler, Ala. Wheeler, Mich. White, Wike, Willcox, Williams, Mass. Wilson, Wash. Wilson,W.Va. Winn, Wise, Wolverton, Youmans.

Moore, Sayers, Snodgrass, Springer, Williams, Til.

Hull, Johnson, N. Da.k. Kem, Kendall, Ketcham, Kilgore, Lester,Va.. Lewis, McClellan, McCreary, McGann. McKei~han, McMillin, Meredith. Me-yer, Milliken,

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1893. CONGRESSIONAL RECORD-.HOUSE. 707 Mitchell, Pickler, Rusk, Morse, Pierce, Russell, Norton, Powers, Sanford, O'Neill, Mo. Raines, Scott. Otis, Reed, Shively:, Outhwaite, Rife, Stahlnecker, Parrett, Robertson, La. Stone, Ky. Paynter, Rob:inson, Pa.. Sweet, Pearson, Rockwell, Taylor, V. A.

So the previous question was ordered. The following pairs were announced: Until further notice:

Townsend,, Wadsworth, Washington, Whiting, Williams, N. C. Wilson, Ky. Wilson, Mo. Wright.

Mr. STONE of Kentucky with Mr. RUSSELL. Mr. MCCREARY with Mr. WILSON of Kentucky. Mr. CARUTH with Mr. VINCENT A. TAYLOR. Mr. GOODNIGHT with Mr. KETCHAM. Mr. MITCHELL with Mr. MORSE. Mr. WHITING with Mr. JOHNSON of North Dako·ta. Mr. WASHINGTON with Mr. SANFORD. Mr. SHIVELY with Mr. GRISWOLD. Mr. FORNEY with Mr. RAINES. For this day: Mr. KENDALL with Mr. TOWNSEND. Mr. CULBERSON with Mr. HENDERSON af Iowa. Mr. PEARSON with Mr. HULL. Mr. CAUSEY with Mr. BUCHANAN of New Jersey. Mr. ENLOE with Mr. HoUK of Tennessee. Mr. DIXON with Mr. BELDEN. Mr • .DOCKERY with Mr. BINGHAM. Mr. ALDERSON with Mr. SWEET. . .Mr. NORTON with Mr. GROUT. Mr. BACON with Mr. ROBINSON of Pennsylvania. On this vote: Mr. PAYNTER with Mr. RIFE. Mr. LANHAM. I ask leave of absence for my colleague, Mr.

CULBERSON, on account of sickness in his family. There was no objection. --" The result of the vote was then announced as above recorded. The amendment reported by the 'Committee of the Whole was

agreed to; and the bill as am.Bnded was ordered to be engrossed and read .a third time, and was accordingly engrossed and read the third time.

Mr. BRICKNER. I demand the previous question on the passage of the bill.

The previous question was ordered. The question was taken on the passage of the bill; .and on a

division there were-ayes 172, noes 6. So the bill was passed.

"In.reply thereto' I would say that the Department has considered the ne­cessity for two new cu'tterson the Pacific coast so urgent that it nas included in the regular estim-ates -the sums of $175,000 and $150,000for the construction of two ~sels, t:he1orm.er sum 'for a Yessel tor service at San Francisco, and, during the summer months, in Bering Sea for the protection of the seal islands and the Government interests in Alaska, and .the latter for a vessel for service in Puget Sound and the waters adjacent in the State of Wash­ington.

•· The revenue cutt~rs now on the Pacific coast were built many years ago, and have been kept steadily at work in the performance o! the multifarious duties required of them. 'l'hey are of the age when Yessels require frequent repairs, and they should gradually be replaced by new vessels of more mod­ern type of hull and machinery which will .give greater power and speed.

"The difl'erence between tne laws of this country and those of the Domin­ion of Canada regUlating the importation of Chinese and opium o1rers special inducements to smugglers to make the Canadian ports on Puget Sound tht~ base of their operations, and the many hundred-s of miles of shore line con· tiguous to this foreign territory requires the constant patrol and watching by a revenue cutter to prevent, as far as possible, the illegal landing of these people and their goods.

''During the season just ~ssed all of the cutters available were withdrawn temporarily from their stations on the coasts of California., Oregon, and Washington, and sent to Bering Sea for patrol duty around the seal islands and the protection ot tbe GoYernment interests in those waters, and as simi­lar demands will probably be made for cutters .in those waters for years to come the number of revenue vessels on the Pacific coast should be increased by two or three as soon as they can be constructed.

·'I earnestly recommend to your committee the passage of Senate billll().!, and name the amounts mentioned herein respectively as necessary to prop­erly build and equip the new vessels.

The bill (Senate 1104) is herewith returned.

"Hon. WILLIAM P. FRYE,

"0. L. SPAULDING, ".Acting Secretary.

" Chairman Committee on Commerce, United States Senate." The committee, on a carefUl investigation of the subject, cam.e to the con·

elusion that there is an urgent ne·cess1ty forThn additional revenue cutter for the service on Puget Sound. TheW olcott, which is now stationed there, is an old wooden vessel incapable of performing l;he service required. To enforce the law which :prohibits Chinese immigration to our shores and the prevention of the smuggling of opium requires a vessel of more speed and better equipment than those of the Wolcott.

The committee, howeYer., is of the opinion that there is no absolute neces­.stty for more than one additional revenue cutter for the Pacific coast. The Bear, which has heretofore made annual cruises-to western Alaska and -the Arctic Ocean, is sufllcient for the present for the serVice in those wa.ters, while the Wolcott could be repaired and fitted up for the serv:ice at .San Diego, Cal.

The committee therefore recommend the !oUowing .amendments to the bill:

Strike the word " two " out of the title and insert the word "on13." In the third line strike out the words "three hundred and twenty-five"

and insert in lieu thereaf the words "onenundxed and se-venty-five!·• In the seventh line strike out the word '·two" and insert the word "one." In the eighth line strike out the words "one .of." ·strike out all of Jines 9, 10, 11. and 12, and in lieu thereof insert the words

"a d.isplacement ot not less than six hundred tons, and sliaJ.l be so -con­structed and equipped as to secure a. speed of not less than fifteen knots per hour." •

Strike out the letter "s" in the word "eutters" both in the title and in the seventh line of the bill. On motion of Mr. BRICKNER, a motion to reconsider the last

vote was laid on tb.e table. Mr. PATTERSON of Tennessee. ~e Senate bill made an REVENUE CUTTERS, .PACIFIC COAST. appropriation to build two revenue cutters for thePa.ci:fi.c coast,

Mr. PATTERSON of Ttmnessee. Mr. Spealrnr, I call up for and appropriated $375,000.. Upon a-careful investigation -of the ·present consideration the bill (S.llo±) making an .appropriation case the Committee on Interstate and Foreign Commerce c.on·

eluded that one revenue cutter, -to be constructed at a cost of and providing for the construction of two United States revenue $175,000, would be sufficient to meet the necessities of the ease cutters for service on the Pacific coast.

The SPEAKER. This bill is in Committee of the Whole on at -present. The steamer Wolcott, :which is doing service in the state of the Union. Puget Sound, is an old vessel, utterly .inca]Jable of running down

Mr. PATTERSON of Tennessee. I move that the House re· the vessels that are evading <>ur .revenue laws and that are im· solve itself into Committee of the Whole House on the state of porting Chinese to American soil. There is also a large illegal

.11 importation of opium through that channel, and the Treasury the Union to consider the bl · officials state to the committee that it is utterly impossible for

The motion was agreed to. the Wolcott to perform the required service. The House accordingly resolved itself into Committee of the Then the Treasury officials insist that we ought to have a new

Whole House on the state of the Union, Mr. BLANCHARDin the -h . l'evenue cutter for the nortnern ocean, to do service on the west--c a1r. . . . . . ern coast of Alaska. However, the Committee on Interst.ate

The Cf!AIRMAN. The Cle:k will report the pending bill. and Foreign Commerce concluded that the Bear, a vessel ·now T~e bill was read, as follows. ,: I doing duty in those waters, wo\lld be sufficient for the time being

Be tt enacted, etc., Tha.tthe.sum of $3~,000, ~ so much thereof as m~y be to perform that service that the Wolcott could be Tepaired and necessary, be, and the same lS hereby, appropriated, out or anymoneym the . . ' ~ . . Treasury not otherwise appropriated, for the purpose of constructing two statwned 1n the harbor 0.1 San Diego f.or servlCe there. But first-class revenue cutt!3rs for service on the Pa.ci.f:l.c coast, one of which s~l they concluded that a revenue cutter for Puget Sound is an ab· have at least 450 tons displ~cement and the other not less than 600 tons diS- solute necessity. This bill as amended anpropriates $175,000 placement, and each of which shall be so constructed and equipped a.s to se- t build tt f th t · :1:' li f $375 OOO ~~ cure a speed of 15 knots per hour. o a revenue cu er or a servwe, ill eu o , IN

Mr. PATTERSON of Tennessee, The report of the Committee buil~ two revenue c~tters, o~e for Puget S~und and one for the on Interstate and Foreign Commerce recommends certain-amend· ArctlC seas, as JJrOVlde;d for ill the Senate bill. . ments to this bill, and I ask that the report be now read. Mr .. KILGORE. Will the gentleman allow me to ask hllll .a

The report (by Mr. PATTERSON of Tennessee) wasread,.asfol· questwPnA?TTERSON f T ,r lows: Mr. i .c o ennessee. ~es. .

The Committee on Interstate and Foreign Commerce, to wnom was re- Mr. KILGORE. How many revenue .cutters are prov1ded for !erred the bill (S.llO!) making an appropriation a.nd providing for the con- in this bill? struction C?ftwo U!llted States rtrvenue cutters for service on the Pacific Mr. PATTERSON of Tennessee. Only one. coast, ha.vm.g considered the same, respectfully report: KILGORE A h · <J

The accompanying letter from Hon. 0. L. Spaulding, Acting Secretary of 1v1r. · t W at prlCe. the 'l'reasury, shows the necessity for the construction of additional reYenue Mr. PATTERSON of Tennessee. $] 7 fi, 000. cuttersfor ·thePaciflccoast: Mr. KILGORE. And as I understand, the revenue cuttersare

"TREASURY DEP ABTMENT, Decembet• 30, 1891. "SIR: Ihavethe honortore.specttullyacknowledgethe receipt of your let- only used there for the purpose of excursions, when distin·

tel', d,ated the23d ins.tant, inclosing Senate bill1104, 'malting an appropriation guished gentlemen visit the coast. and providing for the construction of two reYenue cutters for service on Mr. PATTERSON of Tennessee. Now, Mr. Chairman, the the Pacific coast,' and requesting this department to furntsh your commit- committee derives its informaticm from the Secretary of the tee with such suggestions as 1t may deem proper touching upon t-he m~rits or the bill and the propriety or its passage. Treasury and 'from the Treasury officials, and if there is any

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708 CONGRESSiONAL RECORD-HOUSE. JANUARY 19,

credence to be placed in official testimony, this revenue cutter for Puget Sound is , I say, an absolute necessity.

Mr. DOCKERY. Will the gentleman from Tennessee [Mr. PATTERSON] allow me to ask him a question?

Mr. PATTERSON of Tennessee. Yes. Mr. DOCKE RY. Who prepared the estimate on which the

bill is based? Mr. PATTERSON of Tennessee. The Secretary of the Trea­

sury. Mr. KILGORE. If the g entleman will allow me, I will ask

him if this revenue cutter is intended to take the place of an old and dilapidated vessel '?

Mr. PATTERSON of Tennessee. Exactly so. Mr. KILGORE. Could we not worry through with the one

that we have for a while longer. Mr. P ATTERSON of Tennessee . I will state. to my friend

from Texas that the Wolcott, the vessel stationed at Puget Sound, is no ?V r 0presen ted to be a lmost unseaworthy, and utterly in­capa'!::lle of perfor ming the servic3 required of a r-:lvenue cutter at that point, and the necessity for an efficient revenue cutter there grows out of the fact that that is the point at which Chine£e are smuggled into our territory. It is the point at which opium is being smuggled into our country, and there is oth2r smuggling at that point. It is absolutely necessary in order to protect the r avenues of the Government that there should be an effec tive: fleet, and efficient revenue cutter in those waters. The Wolcott has not a speed of 6 miles an hour, as I am informed. It is utterly incapable of performing the service required of it.

Now, Mr. Chairman, I move that the bill and amendments be recommended favorably to the House, and I call the previous question upon that.

The CHAIRMAN. The Chair will state to the gentleman that the House is inCommitteeof the Whole, and t he previous ques­tion can not now b 3 called.

Mr. STOCKDALE. I desire to offer an amendment. The CHAIRMAN. The gentleman from Mississippi offers an

amendment, which the Clerk will read. The Clerk read as follows:

Amend by s~riking out the word" fifteen ," in line 14,' and inserting the word ·•eighteen."

Mr. STOCKDALE. I will also ask the Clerk to read another amendment, after which I will state what I have to say. · The Clerk read as follows: Amend by adding in line H the following: .. And $:!0,000 for every additional knot of speed per hour. "

The CHAIRMAN. The Chair will say to the gentleman from Mississippi [Mr. STOCKDALE] that there are soma committee amendments pending, which will .first have to be disposed of.

Mr. STOCKDALE. I will wait to see what they are. The CHAIRMAN. And thereafter the Chair will recognize

the gentleman. Mr. KILGORE. Mr. Chairman, the length of the general

debate has not been settled. We ought to have some under­sta!lding a'3 tJ how long the general debate is to be prolonged. I wan t t o make a si>eech on the bill myself.

Mr. PArrTERSON of Tennessee. How much time does the gentleman want?

Mr. KILGORE. I do not want more than an hour and a half or- two hours. M~·. PATTERSON of -Tennessee. I am willing to allow the

gentle ma!l from Texas such time as he desires. Mr. STOCKDALE. My amendment is pending, is it not, Mr.

Chairman? • Tb.e CHAIRMAN . . Without objection general debate upon

the pending proposition will be considered as closed unless some gentleman desires to speak.

Mr. PATTERSON of Tennessee. Mr. Chairman, I move that the committee recommend the bill to the House for favorable action.

The CHAIRMAN. The question will first have to be taken on the committee amendments, and the Clerk will report the .first amendment.

The Clerk r ead as follows: In the third line strike out the words "three hundred and twenty-five"

and insert in lieu thereof the words " one hundred and seventy-five." Mr. KILGORE. Mr. Chairman, I understand that we have

the right to have general discussion on this measure. Mr. PATTERSON of Tennessee. How much time does the

gentleman want? Mr. KILGORE. I do not want any myself, but some of my

friends do. The CHAIRMAN. The Chair will state to the gentleman

from Texas that the Chair had announced. that general debate upon the pending bill would be considered as closed unless some

gentleman should take the floor; and no one expressed a desire to take the floor.

Mr. KILGORE. I make the point of order that general de­bate can not be closed in Committee of the Whole or by unani-mous consent. ·

The CHAIRMAN. By unanimous consent it can be consid­ered as closed.

Mr. KILGORE. I do not think the Committee of the Whole can close general de bate.

The CHAIRMAN. The Chair will recognize the gent leman from Texas if he desires to address the committee.

Mr. KILGORE. I do not desire to make a speech mys~lf, but some of my friends do. ·

Mr. PATTERSON of Tennessee . I insist that the committee proceed to act on the amendments.

The CHAIRMAN. The Clerk will report the :first amendment. The Clerk read as follows:

In the third line strike out the words "three hundred and twent y-five," and insert in lieu thereof the words "one hundred and seventy-five. "

The question was taken; and the Chairman announced that the "ayes" seemed to have it. .

Mr. KILGORE. I demand a division, Mr. Chairman. The committee divided; and there were-ayes 58, noes 3. Mr. KILGORE. No quorum, Mr. Chairman. The CHAIRMAN. The gentleman from Texas makes . the

point that no quorum has voted. The Chair will appoint the gentleman from Tennessee [Mr. PATTERSON] and the gentleman from Texas [Mr. KILGORE] to act as tellers.

The committee again divided; and the tellers reported-ayes 160, noes 7.

So the amendment was agreed to. The CHAIRMAN. The Clerk will report the next amend­

ment. The Clerk read as follows: In the seventh line strike out the word "two" and insert the word " one." In the eighth line strike out the words "one of. " Strike out all of lines 9, 10, 11, and 12, and in lieu thereof insert the words

"a displacement of not less than 600 tons, and shall be so constructed and equipped as to secure a speed of not less than 15 knots per hour."

S trike out the letter " s ., in the word "cutters" both in the title and in the seventh line of the bill.

Mr. KILGORE. Thet'e are half a dozen amendments: Mr. Chairman.

Mr. PATTERSON of Tennessee. Mr. Chairman, it is very evident that there is to be a persistent determination to fili.bus­ter against and prevent the passage of this bill. It is a bill, in my judgment, that is absolutely necessary for the public service. However, there is other very important legislation from this committee before the House, and I now ask leave to withdr aw the bill, and move that the committee rise.

Mr. W~LSON of Washington. Can I be recognized? Mr. PATTERSON of Tennessee. I move that the committee

rise. The motion was agreed to. The committee accordingly rose; and the Speaker having re­

sumed the chair, .Mr. BLANCHARD, chairman of the Committee of the Whole on the state of the Union, repor ted that tha.t com­mittee had had under considerat ion the bill (S.llO-l ) making ap­propriation to provide ior the construction of two United States revenue c11tters for service on the Pacific coast, and had come to no resolution thereon.

The SPEAKER. What does the gentleman from Tennessee desire to do wit h this bill?

Mr. PATTERSON of Tennessee. I move that the bill be. laid aside.

The SPEAKER. The gentleman can withdraw it. Mr. PATTERSON of Tennessee. I withdraw it.

TESTIMONY IN CRIMINAL CASES UNDER INTERSTATE COM­MERCE LAW.

Mr. WISE. Mr. Speaker, I now call up the bill (S. 1933) con­cerning testimony in criminal cases or proceeding s based upon or growing out of alleged violations of an act entitled " An act to r egulate commerce," approved February 4, 1887, as amended March 2, 1889, and February 10, 1891. ·

The bill was read, as follows: Be it enacted, etc., That no person shall be excused from testifying in any

criminal case or proceeding based upon or growing out of any alleged viola­tion of the provisions of an act entitled" An act to regulate commerce. " ap· proved February 4, 1887, as amended March 2, 1889, an d Febr uary 10, 1891 , on the ground or for the reason that his testimony might tend to criminate himself or to subject him to penal ty or forfeiture. But such person shall not be prosecuted or subjected to any p enalt.t or for feiture for or on ac­count of any transaction, matter . or t hing concerning which he may t estify in any such case or proceeding : Provided, That no per on so testifying shall be exempt from prosecution and punishment for p erjury committed in so testifying.

Mr. WISE. Mr. Speaker, I move that the amendment I send

1893. CONGRESSIONAL RECORD-HOUSE. 709 to the Clerk's desk be substituted for the Senate bill. Strike out all after the enacting clause and substitute that which I send up.

The SPEAKER.· The gentleman proposes to amend the bill? Mr. WISE. I do. The Clerk read as follows:

Strike out all after enacting clause, and insert the following: "That no person shall be excused from attending and testifying, or Jrom

producing books, papers, tariffs, contracts, agreements, and documents be­fore the Interstate Commerce Commission, or in obedience to the subpoona of the Commission, whether signed or issued by one or more commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of said act of Congress, entitled 'An act to regulate commerce,' approved February 4-, 1887, or of any amendment thereof, on the ground or for the reason that the testimony or evidence, documentary or other­wise, required of him may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subject to any penalty for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said Commis­sion, or in obedience to its subpoona, or in any such case or proceeding: Pro­vided, That no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. Any person who shall neglect or refuse to attend and testify, or to any lawful inquiry, or to pro­duce books, papers, tariffs, contracts, agreements, and documents, if in his power to do so, in obedience to the subprena or lawful requirement of the Commission s}lall be guilty of an offense, and upon contiction thereof by a court of competent jurisdiction shall be punished by fine not less than $100 nor more than $5,000, or by imprisonment for not more than one year, or by both such fine and imprisonment.

The amendment was agreed to-ayes 110, noes 3. The Senate bill, as amended, was ordered to a third reading;

andit was accordingly read the third time, and passed. On motion of Mr. WISE, a motion to reconsider the vote by

which the bill was passed was laid on the table.

INTERSTATE-COMMERCE LAW. Mr. PATTERSON of Tennessee. Mr. Speaker, I call up t.he

bill (H. R.l0163) to amend an act entitled "An act to regulate coqunerce," approved February 4, 1887.

The bill was read, as follows: JJe it enactdd. etc., Th:1t section 4 of an act entitled "An act to regulate CQm­

merce," approved February 4, 1887, be amended by adding thereto the fol­lowing:

''The word 'line,' as used in this act, shall be construed to mean a physical line, whether such line be one railroad or two or more connecting railroads, orp:1rt railroadand part water, when both are used under a. common control, management, or arrangement, expressed or implie1, for a. continuous ship­ment.

·• Each railroad and each water way, and every part of each railroad and each water way composing any such line, shall be deemed a part of such line, and transportation over the whole or any part or part's of such line shall be deemed to be transportation over the same line, whether the trans­portation service be rendered by a single carrier or by two or more carriers.

''The words ' any common carriers,' as used in this act, shall be construed to mean one or more than one common carrier as the case may be and the context require."

SEc. 2. That section 5 of said act be amended so as to read as follows: "SEC. 5. Except under the conditions herein prescribed, it sh:~oll be unlaw­

ful for different and competing common carriers subject to the provisions of this act to enter into any contract, agreement, or arrangement for the di­vision or apportionment among themselves, or with others, of the whole or any portion of their traffic or of their gross or net earnings; and each day of the continuance of any such contract, agreement, or arrangement, except under the condit.ions hereinafter prescribed, shall be deemed a separate of­fense: Provided, That under the following conditions it shall be lawful for such common carriers to enter into such contracts, agreements, or arrange­ments enforceable between the parties thereto; that is to say:

"First. All such contracts, agreements, or arrangements shall be in writ­ing and shall be filed with the commission appointed under the provisions of this act.

"Second. Such contracts, agreements, or arrangement.s shall become law­ful only upon and after approval by said commission, and shall remain lawful and enforceable between the parties thereto only dm ing such tJ.me and so long as the said commission shall fail to withdraw their approval thereof and to notify the parties thereto of a day upon which the same shall cease to be lawful. And when the commission shall withdraw their approval of any such contract, agreement, or arrangement and shall so notify the parties thereto the same shall become and be unlawful and cease to be en­forceable between the parties thereto on and after the day specified in such notice. ·

"And Congress may at any time alter, amend, or repeal so much of this section as makes such contracts, agreements, or arrangements lawful un­der the above conditions."

SEC. 3. That section 10 of said act as amended March 2, 1889, be further amended by adding the following clauses thereto:

"Whenever any common carrier subject to the urovisions of this act is a corporation, such corporation may be prosecuted· as for a misdemeanor un­der any of the foregoing provisions of this section, and upon conviction shall be subject for each offense to a fine not exceeding $5,000.

' ' Whenever an indictment shall be found under the provisions of this act against a corporation, the service of any writ ·or other process thereupon, or for the prosecution thereof, sh:1ll be sufll.cient if a copy of such writ or proc­ess be delivered to and left with any ofll.cer or agent of such corporation found in the judicial district wherein such indictment may be found."

SEC. 4. That section 13 of said act be amended by adding thereto tha fol­lowing:

"Testimony given orally before the commission, or any one or moremem­bers thereof, in the course of any investigation or inquiry made or instituted under the provisions of this section, shall be taken down by stenography or otherwise as it is given, and before the decision of the commission is an­nounced shall be written out and filed with the papers relating to the com­plaint, investigation, or inquiry."

SEc. 5. That section 16 or said act as amended March 2, 1889, be further amended by adding the following:

"A copy of all the pleadings, papers, exhibits, and testimony (whether docu­mentary, or in the shape of depositions, or taken down as orally given) filed

with or adduced before the commission in the course of any investigation of a complaint, or in the course of any inquiry instituted by the commission on its own motion, shall, whenever application is made to a court, as above provided, alleging violation or disobedience of the order or requirement ot the commission, be certified. by the secretm-y of the commission to such court.

"In hearing and determining, pursuant to the provisions of this section, any matter not involving the right to a trial by jury, neither the court nor any person appointed by the court to prosecute inquiries into such matter shall hear or consider any matter of fact offered in evidence before such court or person by any party who, with knowledge of such fact, failed to offer it before the commission, unless the court be satisfied that the materiality of 'Such fact and its bearing on the decision of the commission could not rea­sonably have been understood or foreseen prior to such decision."

An amendment appearing in the printed bill as recommended by the committee was r~ad, a.s follows:

Section 3, page 4, after line 14, insert: "that so much of section 10 of said act as provides for punishment by imprisonment is hereby repealed."

Mr. PATTERSON of Tennessee. Mr. Speaker, who offers that amendment?

The SPEAKER pro ternpore (Mr. RICHARDSON). It is printed in the bill as an amendment proposed by the committee.

Mr. LIND. Mr. Speaker, I think the House ought to under­stand the import of that amendment.

Mr. PATTERSON of Tenness3e. I know of no such amend­ment.

The SPEAKER pro tempo-re. The amendment is printed in italics, indicating- that it is an amendment recommended by the committee. -

Mr. PATTERSON of Tennessee. But that amendment has never been acted upon by the committee.

Mr. WISE. Oh, yes, it has. Mr. LIND. J did not know anything about it until I saw it

here in the bill, and in my judgment it is a bad amendment. Mr. PATTERSON of TennEssee. Mr. Speaker, for the pres-·

ent we withdraw the amendment. Mr. O'NEILL of Pennsylvania. Why withdraw it? Why not

let the House act upori it? Mr. PATTERSON of Tennessee. Mr. Speaker, I have charge

of this bill, and I have no knowledge of how that amendment came to b~ printed in the bill, and I now move to strike it out.

Mr. HOPKINS and Mr. WISE addressed the Chair. The SPEAKER pro tempore. The gentleman from Tennessee

lMr. PA'l'TERSON] has the floor. Mr. PATTERSON of Tennessee. I yield to the gentleman

from Illinois [Mr. HOPKINS] for a question. Mr. HOPKINS of Illinois. I want to ask whether any time is

to be allowed for general debate upon this bill? Mr. PATTERSON of Tennessee. Certainly. The gentleman

will have an opportu~ity for debate. The SPEAKER pro tempore. The bill has just been read, and

this amendment has b een read as coming from the committee. No action has been taken to c ~ose debate.

Mr. WISE. Mr. Speaker, I wish to make a statement with reference to that amendment. I said a moment ago that it had been acted upon by the committee. Since my attention has been more particularly directed to it I wish to recall that statement. That amendment never was a::lopted by the committee; it was proposed, but the committee took no action with reference to it.

Mr. PATTERSON of Tennessee. Mr. Speaker, I move to strike out the amendment.

The motion was agreed to. Mr. HOPKINS of Illinois. It seems to me, Mr. Speaker, that

we ought not to be putting these amendments on the bill until we understand--

The SPEAKER pro tcmpm·e. This is not an amendment made to the bill. As the Chair understands, it is something that is printed in the bill without the authority of the committee, and they simply desire now to put tbe bill in proper shape for the House to act u:r;on it.

Mr. HOPKINS of Illinois. I understand that there is a dif­ference of opinion upon that point, and that is the reason I object to this action. .

Mr. PATTERSONofTennessee. Mr. Sp 2aker,Iwish tomake a statement. A few days since, when this bill was under con­sideration before the Committee on Interstate and Foreign Commerce, this amendment was proposed, and the committee instructed the Clerk to correspond with the Int€rstateCommerce Commission and ask its opinion in respect to such an amendment. I am informed by the Cler k that the l etter of inquiry wa'3 writ­ten, and this morning I was handed the reply of the Commission to that inquiry, but I repeat that the amendment was never acted upon by the committee at all, and of cours3 it ought not to have appeared in the printed copy of the bill. I moYe, therefore, that that amendment be now stricken from the bill.

Mr. HOPKINS of Illinois. Mr. Speaker--The SPEAKER pro tempore. The gentleman from Tennessee

[Mr. PATTERSON] has the floor. Mr. HOPKINS of Illinais. I wish to ask him a question?

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710 CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

Mr. PATTERSON of Tennessee. I yield for that purpose. Mr. HOPKINS of Illinois. What was the reply of the Inter­

state Commerce Commission with regard to that amendment? Did they favor it?

Mr. PATTERSON of Tennessee. I repeat that this amend­ment is not in the bill by any action of the committee. If the gentleman will have patience he can offer this amendment h\mself after awhile, and can speak to it, and I will then give him an op-portunity to hear the reply of the Commission. .

Mr. HOPKINS of Illinois. I do not know that I am in favor of this amendment, but I ask the gentleman from Tennessee to state what was the reply of the Interstate Commerce Commis­sion in relation to this amendment?

Mr. PATTERSON of Tennessee. Well, the report has been received by the committee, and it is favorable to the amendment.

Mr. HOPKINS of Illinois. Will the gentleman send there­ply of the Commission to the Clerk and have it read for the in­formation of the House.

Mr. PATTERSON of Tennessee. I will in a few moments. I move now to strike that amendment from the bill. It is not properly there.

Mr. O'NEILL of Pennsylvania. I desire to say a word. • The SPEAKER pro tempore. Does the gentleman from Ten­nessee yield to the gentleman from Pennsylvania?

Mr. PATTERSON of Tennessee. For a moment. Mr. O'NEILL of Pennsylvania. The statement of the gentle­

man from Tennessee in regard to this amendment is correct. The idea of the committee, as he has said, was that we should. consult the Interstate Commerce Commission. I for one be­lieve that this House can judge of the propriety of passing an act or an amendment to an act just as well as the Interstate Com­merce Commission can. But it was the understanding that we were to have an answer from the Commission, which answer has

. now come, and that the committee, at its meeting tomorrow, would take up such an amendment and perhaps pass upon it favorably and offer it to the House on Saturday, when our com­mittee will again have the right to call up bills. I believe that the gentleman from Tennessee has now the right to withdraw this amendment, and· I do not propose to renew it now as an in­dividual member of the House, simply because I suppose the gentleman, under certain circumstances, will himself offer it on Saturday, when bills from our committee will be again in order. · Mr. HOPKINS of Illinois. Inasmuch as this amendment is now in the bill and the bill is now before the House for consideration, I suggest that it would be proper and wise to send to the Clerk to be read from the desk the report of the Interstate Commerce Commission on the amendment. The amendment being already in the bill, if the Commission favors it, we can settle the ques­tion by declining to strike out the amendment as proposed, and thus leave it a part of the bill.

In answer to the gentleman from Pennsylvania [Mr. O'NEILL] I will say that I think this Commission is much more competent to give us ad vice as to the char~cter of legislation needed on this subject than is any individual member of the House. I think we should legislate in harmony with the views of that Commission. We should strengthen its hands, whenever the Commission may find it necessary, in order to carry out the intent of the law as originally passed.

Mr. LIND addressed the Chair. The SPEAKER pro tempm·e. Does the gentleman from Ten­

nessee yield to the gentleman from Minnesota [Mr. LIND]? Mr. O'NEILL of Pennsylvania. Ju~t a word. I want to

state-- ~ The SPEAKER p?·o tempore. The gentleman from Pennsyl­

vania is not in order. The gentleman from Tennessee is entitled to the floor. .

Mr. PATTERSON of Tennessee. I yieldforamoment to my friend from Ohio [Mr. STORER].

Mr. STORER. Mr. Speaker, I desire to make a parliamen­tary inquiry: Is debate in order upon a clause which the com­mittee states is not properly a part of the bill, but was inserted by mistake of the printer?

The SPEAKER pro tempore. The amendment could not be considered if the fact as stated by the gentleman from Ohio l)ir. STORER] were universally conceded. But there is controversy, it seems: among members of the committee as to the facts in the case.

Mr. LIND. The Chair will allow me to state that there is no controversy as to the facts so far as I know. This House has no right to undertake to act upon a proposition as an amendment when it has not received the sanction of the committee; and I think that after the statement which has been made by the gen­tleman in charge of this bill any debate upon this proposition is out of order. That gentleman, I submit, has an absolute right to withdraw that which is not properly in the bill and which has not received the sanction of the committee.

Mr. BLAND. I rise to a point of order. Are we not proceed­ing under the rule for general debate?

The SPEAKER pTo ternpoTe. We have not reached that stage at all. The question was raised whether or not certain words belong in the bill; and that is a quel:)tion preliminary to any de­bate.

Mr. BLAND. Has the bill been read for amendment? The SPEAKER pro tempfYte. The bill is in the House, not in

the Committee of the Whole; and the rule as to general debate in the Committee of the Whole does not apply in the House.

Mr. BLAND. I thought we were in Committee of the Whole; I think we ought to be.

Mr. PATTERSON of Tennessee. Members of the committee are unanimously agreed that they never formally acted upon this amendment; and without making any statement as to the views of individual members with respect to the amendment, I think it may be stated absolutely that the amendment has been printed\ in the bill improperly and by mistake. I ask unanimous consent, therefore, that this amendment be stricken out. If then any gentleman desires to offer such an amendment he can do so and obtain a vote of the House upon it.

Mr. O'NEILL of Pennsylvania. Mr. Speaker--The SPEAKER pro tempore. Does the gentleman from Ten­

nessee yield? Mr. O'NEILL of Pennsylvania. I desire only a moment. Mr. PATTERSON of Tennessee. I ask that the bill be con­

sidered without this amendment. Mr. O'NEILL of Pennsylvania. I wish to say here that I favor

the repeal of the imprisonment clause of the existing law-·· Mr. PATTERSON of Tennessee. I understand that. Mr. O'NEILL of Pennsylvania. I hope this question will come

up on Saturday next. But I have no idea of offering the amend­ment until our committee has acted upon the information we have received from the Interstate Commerce Commission .

The SPEAKER p'ro tempore. The gentleman from Tennessee states that these words are in the bill by inadvertence, and asks unanimous consent to strike them out. Is there objection?

There was no objection. 1

Mr. PATTERSON of Tennessee. Mr. Speaker, in reference to this bill I desire to submit to the House a few words of ex­planation, and in doing so I will follow the report of the com­mittee as nearly as practicable.

Under the recent decision of one of the Federal courts it has been held that the word "line," as used in the 4th section oHhe interstate-commerce act, has a very different meaning from that which has been attached to it heretofore by the Interstate Com­merce Commission. That is to say that where two or more rail­roads constitute connecting lines and ship freights over them, that those connecting lines can not charge more for a shorter distance than for a longer distance; and that that line is not a line composed of any lesser number of railroads, and therefore any lesser number being a part of the whole number might charge a larger sum for a shorter distance.

To explain this: Assume that there are connecting lines of railroad extending from the city of New York by way of Chi­cag o, Omaha, and Salt Lake City to San Francisco. It is held that the railroads, comprising these connecting lines, can not charge mora for a shorter distance than a longer distance; but that the railroads rnnning west from Chicago to San Francisco might charge more, as links in the line extending from New York to San Francisco. And this amendment, proposed in the first section of the bill, is intended to so construe the word ''line" as to require all the railroads com posing links of any line of con­necti:c.g railroads not to charge more for a shorter distance than for a longer distance; that is, they shall not charge more for a. shorter distance than · the en tire connecting line charges for the whole distance.

Under the decision on section 4 of the interstate-commerce act a railroad company could charge more over its own line than over its own and connecting lines for a much longer distance; and this amendment provides that any one railroad company forming a part of a connecting line shall not charge more over its line than is charged over the two or more companies com­prising the entire line. That is the meaning of this section, and it meets the entire approval of the Interstate Commerce Com­mission.

In respect to the second section in the bill, the word "pool," used in the fifth section of the interstate-commerce act, is a word of indefinite meaning. It is an indefinite word, and this section of the bill substitutes the words "contract, agreement, or other arrangement," in lieu of the words ''pool" or ~~ pooJing."

Now, the only section of the bill, Mr. Speaker, which will prob­ably be controverted in the House is the second section. The fifth section of the interstate-commerce law prevents what is called 1

' pooling;" or, in other words, any con tract, agreement, or arrangement by which railroad companies may apportion their

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1893. CONGRESSIONAL RECORD-HOUSE. 711 traffic amongst themselves, or apportion their net or gross earn­ings. It has been argued before the Interstate Commerce Com­mittee with great force that to prevent pooling altogether will work a very great injustice to the small shippers, because when you come to rebates and cuttingsit is the small shipperthatsuf­fers; and it has been urged asi say with agreatdealofforcethat pooling arrangements would promote public interests.

I have been told-I do not know how true it may be-that Judge Reagan, who is the author of the fifth section of the interstate­commerce law, has modified his views on that subject.

Now, there was a bill introduced, known as House bill 9954, and this fifth section of the pending bill is a substitute for that bill. That bill, to which I have referred, provided for such an agreement, or such pooling arrangement, and that it should be submitted to the Interstate Commerce Commission, and that Commission had power to cancel it. The question was put to gentlemen if an appeal would lie from the order canceling that agreement to the circuit court of the United States, and from the circuit court to the Supreme Court of the United States; and the conclusion was reached .that the court would have a right to review the order. ·

As to this section of the bill-and it is one that I am by no means partial to-I merely desire to submit it for the candid jud(J'ment of the House. This section of the bill is a substitute for the HouEe bill referred to, and provides that where railroad companies enter into an agreement, contraot, or arrangement of this sort, it shall be submitted to the Interstate Commerce Com­mission and it shall examine into the matter, and if it thinks it will be for the public interest it may approve it, and the con­tract, arrangement, or agreement can only exist so long as the approval of the Commission exists, that is to say, when the Com­mission notifies them on a certain day the arrangement shall cease in the interest of the public, it shall absolutely ipso facto cease on that day, and it cuts off all review by the courts.

The object of this section is this: To enable the Interstate Com­merce Commission, on the part of the ·public, to make an arrange­ment with the railroads and enter into, you might say, an agree­ment with the railroads, or grant them a license, so to speak, to enter into pooling arrangements, and determine whether or not they are for the :public benefit; such arrangements at all times to be under the direction, control, and supervision of the Com­mission, and empowering the Commission at any time to put an end to them.

Mr. LIND. Will the gentleman allow me to interrupt him for a question?

Mr. PATTERSON of Tennessee. I will. Mr. LIND. The amendment provide'3 that pooling arrange­

ments may be entered into, not only between common carriers themselves, but between common carriers and others. I would like to have an explanation of the gentleman as tow hat is meant by others, or "other persons" who may become beneficiaries in such pooling arrangement.

Mr. PATTERSON of Tennessee. I will read the section:

Except under the conditions hereinafter prescriJ:?ed, it shall be -qnlawful for different and competing common carriers subJect to the proVIsions of this act to enter into any contract, agreement, or arrangement for the di­Visicn orapportionmllnt a~ong themselves, or with others, of the whole or any portion or their traffic or of their gross or net earnings. And each day of the continuance of any such contract, agreement, or arrangement, except under the conditions hereinafter prescribed, shall be deemed a separate of­fense: Provided, That under the following conditions it shall be lawful for such common carriers to enter into such contracts, agreements, or arrange­ments enforceable between the parties thereto.

I do not understand that this applies to persons. It only ap­plies to common carriers.

Mr. LIND. It says'' others." What does the gentleman un­derstand the object of the use of the word "others"?

Mr. PATTERSON of Tennessee. If the gentleman will read the section, J submit that he will see that it only applies to com­mon carriers. Now, I desire to state to the House--

Mr. LIND. Does not this include individual vessel owners, for instance, on the lakes or those engaged in the coastwise trade? .

Mr. PATTERSON of Tennessee. I think probably it does. Mr. LIND. Well, I wanted the committee to understand that

this pooling arrangement goes to the extent not only of includ­ing transportation by water, but transportation partially by rail and partially by water.

Mr. PATTERSON of Tennessee. My friend can submit his remarks in his own time. Now, I desire to say to the House that, so far as this section of the bill ia concerned, I am not wedded to it, but I believe, and my opinion is-and that is the judgment of the committee-that these arrangements might be entered into sometimes for the public benefit; and, so far as I am individually concerned, I would be willing to trust the Inter­state Commerce Commission to act for the public in these mat­ters

Mr. RAYNER. Will the gentleman allow me to ask him a question about this section? ·

Mr. PATTERSON of Tennessee. Yes. Mr. RAYNER. When the gentleman has fibished his re­

marks, I propose to move to strike out sections 2, 5~ and sub­sections 1 and 2. Now I want to ask this question: These sec­tions as now worded are not requested by the shippers; they are not requested by the railroads as I am informed, and they do not originate with the Interstate Commerce Commission. Now why get up a discussion on four or five sections of the bill that nobody wants?

Mr. STORER. Why do you say that? Mr. RAYNER. I will tell you whyl say it; because the rail­

road companies came before the Committee on Commerce and argued this question. While they were arguing it, asking for the right to pool, the gentleman from Tennessee [Mr. PATTER­SON] placed a condition upon the provision appearing in the second section, and when that was done the railroads, as I am informed, withdrew this provision relative to pooling, and they do not want it now with this condition annexed to it. I am au­thorized to state that on behalf of certain gentlemen who ap­peared before the Committee on Interstate and Foreign Com­merce. The committee have not recommended it either.

Mr. COOMBS. The Senate has rejected H. . Mr. RAYNER. And the Senate has rejected it.

Mr. COOMBS. And what is the use of our spending time on it?

Mr. RAYNER. It got in here because the gentleman was willing to put it in, with the condition that he has annexed to it, which is a very good condition; but the railroad companies do not want it with that condition, I am told.

Mr. LIND. I wouldsuggesttothe gentleman from Maryland that he read the report of the committee on this subject.

Mr. RAYNER. I have read it. M.r. PATTERSON of Tennessee. Now, Mr. Speaker, as I b,ave

already stated, I merely wanted to submit this question to the House. I desire to say that this fifth section of the bill bas met with the approval of the Interstate Commerce Commission. I do not know what the railroads desire. I am not speaking for them. I am speaking for this bill, and I believe that if the Com­mission was clothed with the power to approve such an arrange­ment, that arrangement to continue only so long as the Inter­state Commerce Commission believe that it would subserve the public interest, if that was done I believe it would aid in the proper solution of a much mooted question.

Now, passing on to the third section, the law as it now stands provides for the indictment and ptmishmentof a railroad official who violates the interstate-commerce law; but there is no pro­vision in the law for the punishment of the corporation. Now, every lawyer knows that a corporation is subject to indictment and fine, as individuals are. The fifth section of this bill pro­vides that for violations of the interstate-commerce law the cor­porations violating those provisions shall be subject to indict­ment and to the payment of a fine not exceeding $5,000.

Now, in that connection it has been insisted by a number of gentlemen, some of whom have been connected with the Inter­state Commerce Commission, that that part of the interstate­commerce act which provides for the imprisonment of railroad officials for violation of the law should be abolished.

Mr. MALLORY. I would like to ask the gentleman a ques­tion.

The SPEAKER pro tempore. Does the gentleman from Ten­nessee [Mr. PATTERSON] yield to the gentleman from Florida [Mr. MALLORY].

Mr. PATTERSON of Tennessee. With pleasure. Mr. MALLORY. Does the gentleman contemplate that this

section 3, which proposes to amend section 10 of the present law, is to be substituted for the entire tenth section?

Mr. PATTERSON of Tennessee. Not .at all. Now, a great many gentlemen who are interested in this inter­

state-commerce law insist that it is altogether wrong to subject a railroad official to imprisonment, to punish him as a felon, or to punish him as if he had committed an infamous crime in the violation of this law. In other words, that they ought to be put upon the same plane exactly as a corporation is-subject to in­dictment, and to be mulcted in a fine; and theamendmentwhich improperly got upon the bill was for the purpose of abolishing this feature of punishment with respect to officials. The amend­ment was referred to the Interstate Commerce Commission; and, Mr. Speaker, I send the letter which they addressed to the com­mittee to the Cl~rk's dP-sk, and ask that it be read.

The Clerk read as follows: INTERSTATE COMMERCE COMMISSION,

Wa8hington, January 18, 1899. GENTLEliEN: Your communication, under date of January 17, to the In­

terstate Commerce Commission submits the following question: "Whether

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CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

in your judgment t.heir bill H. R. 10163 "' "' "' ought to be amended by the introduction of a section repealmg the imprisonment feature of secti<'n 10 of 'An act to amend an act to regulate commerce,' approved February 4, 1887," au:l req,uests immediate reply. Nothing bas occurred in our experi­ence in the administration of the act to regulate commerce to give us pecu­liar knowle~lge upon the subject in question, or to have judgment other than that of lawyers generally having experience in criminal prosecutions.

District a~torneys have encountered great obstacles to the enforcement of the criminal features of the act, but how far these obstacles are attributa­ble to the severity of the penalties must rest in conjecture. If the proposed amendment would remove difficulties to the enforcement of the penal pro­visions, and thereby render the act more effective, it should be adopted. We are not averse to the experiment, should Congress deem it wise to try lt. We recognize that which is familiar to all lawyers, viz, that severity of pen­a\ties often defeats effective operation of a statute, and such may have been the fact in reference to the actin question; but our experience in the courts in dealing with this enactment has not been such as to inspire the utmost confidence in our own judgment as to what may be the success of any amend­ment which may be adopted.

All of which is respectfully submitted. WM. R. MORRISON, Chairman . .

The Ron. COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, House of Representatives, Washington, D. C.

Mr. PATTERSON of Tennessee. Now, Mr. Speaker, in re­spect to the fourth section of the bill, that simply -provides that all oral testimony delivered befora the Interstate Commerce Commission shall be taken down by a stenographer and written out and filed before the announcement of the decision.

Section 5 of the bill, and the last section, simply provides that where the -proceedings of the Interstat3 Commerce Commission are referred to the courts, that it shall be tried by the courts upon the pleadings and evidence and record made up before the Interstate Commerce Commission, except in cases where it shall appear that the party could not have reasonably anticipated the materiality of the testimony at the hearing before the Commis­sion.

Now, this briefly explains the bill, and I yield to my friend from :Minne'lota [Mr. LIND].

Mr. TURNER. Does the Interstate Commerce Commission favor this bill?

Mr. PATTERSON of Tennessee. Throughout. Mr. LIND. Does the gentleman from Tennessee yield to me

now? Mr. PATTERSON of Tennessee. I yield to the genilieman

from Minnesota. Mr. HOPKINS of Illinois {to Mr. LINn). You take the floor

in your own right. Mr. LIND. I do not desire to occupy the time of the House

except to have the views of the minority read in my own time. Mr. COOMBS. That is in relation t::> section 2? Mr. LIND. Yes, in relation to section 2 of this bill. The SPEAKEF~ pro rempore. The gentleman from Tennesseo

[Mr. PATTERSON] has seventeen minutes of his time remaining. Does the gentleman yield seventeen minutes to the gentleman from Minnesota? '

Mr. PATTERSON of Tennessee. I yield five minutes. Mr. LIND. I do not desire any more time than is sufficient to

read the vbws of the minority. The SPEAKER p1·o tempore. The CJ;lair simply desires to as­

certain the time vielded. Mr. LIND. Yield me five minutes and I will yield back what

I have left. I ask to have the views of the minority read. Mr. PAT'rERSON of Tennessee. I yield the gentleman five

minutes. The Clerk read as follows: Without going into a detailed statement of the objections to section 2 of

this bill, on principle, the minority feel in duty bound to protest against its passage and to call attention to some of the most fiagrant objections to it. It is the first ertort that has ever received the sanction of a committee of

this House to make legal and enforceable, at law, contracts for the division of tramc. But it does not stop at this. It proposes to legalize "railroad wrecking" and stock speculation by authorizing not only agreements for the division and apportionment of net and gross earnings among the car­riers themselves, but it authorizes the carriers to also divide and apportion these among "others " not carriers. Under these provisions stockholders will be as much at the mercy of railroad managers as will the public. The Standard Oil Company, the "Dressed Beef Combine," andjother monopolies can obtain rebates by contract enforceable in the courts instead of by stealth and concealment as heretofore.

Railroad transportation is a natural monopoly. The element of compeei­tion is wanting except between terminal points and between trunk lines carrying the products of the west to the seaboard.

This natural competition the bill proposes to stlfie. Not only that, it takes away the only safeguard that we have had heretofore against raih·oad ex­tortion. The competition of water routes has always been a thorn in the side of traffic associations and pools. It has frustrated many a well-laid scheme to oppress the public. This embarrassment the bill also removes. It J:>ropitiates carriers by water, and carriers partly by water and partly by ra1l, by authorizing contracts between them and all-rail carriers for a divi­sion of trafftc and gross and net earnings. The annual million-dollar bonus to the Pacific Mail Steamship Company to refrain from competition may hereafter be paid in pursuance of law. It is unnecessary to call further attention to the ent>rmity of the provi­

sions of this bill. The suggestion that the Interstate Commerce Commission has the approval·and control of the proposed pooling arrangements is no answer to these objections. The Commission is undoubtedly an able body and conscientious fn the discharge of its duties. It is to be hoped that it will always continue such. But we believe that it is unfair to them to sub­ject them to the importuning and pressure that that this bill will should it

become a law. And we are on principle un•villing to leave it to any body of men not accountable either to a constituency or to law to determine by their arbitrary action whether the industry of this nation shall be taxed by hun­dreds of millions a year. We wish t.he House and the public to understand that under this bill, if it should become a law, the trunk lines be ~ween the Mississippi and the seaboard might form a. pool and agreement for the en­tire tra..ffl.c at double the present rates. and so long as the Interstate Com­merce Commission consented to it they could call upon the courts to enforce these contracts and rates.

JOHN LlND. S. R. MALLORY.

Mr. LIND. One word more. I want to say at this time, Mr. S-peaker, that with the exception of this section 2 of the bill, which I hop3 to have an opportunity to move to strike out, I believe the bill is not only a good bill, but that its passag-e is urgently required by the Interstate Commerce Commission to enable it to discharge the duties committed to it. I move that section 2 of the bill be stricken out.

Mr. PATTERSON of Tennessee. Mr. Speaker, in view of the fact that the committee was somewhat divided upon this section of the biil, and as it may provoke controversy in the House; and furthermore, in view of the very great importance,. in my judg­ment, of the remaining sections of the bill, I accept the amend­ment of the gentleman from Minnesota, and will consent to that section being stricken out.

Mr. O'NEILL of Pennsylvania. Mr. Speaker, striking out sec­tion 2 of this bill destroys the whole legislation that has been proposed.

Mr. COOMBS. No. Mr. O'NEILL of P ennsylvania. Almost. To strike out se~

tion 2 almost destroys the bill. It strikes out a section which I favor and which I hope will remain in and not be stricken out.

Mr. Speaker, the Committee on Interstate and Foreign €om­meres have consulted for days, oii and on, with the Interstate Commerce Commission. We have had answers to communica· t.ions tJ them, and yet we have not .learned exactly what they want, or how they would like the law to be amended; so, I think, with all due respect to the men who compose that Commission, five unprejudiced men and as good men as can be selected to hold such important positions, we had better act j.or ourselves. I, for one, am in favor of giving the railroads privileges in ar­ranging pooling which they do not have to-day.

Mr. LIND. Will my colleague allow me to ask him a ques-tion? . .

Mr. O'NEILL of Pennsylvania. Certainly. Mr. LIND. Can he cite an instance where a railroad company

has voluntarily complied with an order of the Commission in re­gard to fixing rates(

Mr. O'NEILL of Pennsylvania. Mr. Speaker, I can not cite an instance; but I do not know where they have not complied; and I know that they have tried to comply.

Mr. LIND. Let me call the attention of my colleagt:e to the fact that when the Commissioners made an order in re!!ard to coal rates on the Rea::ling Railroad, in his own district, the com­pany refused absolutely to comply with it; did they not?

Mr. O'NEILL of Pennsylvania. That depends upon there­port which has been made by the subcommitt3e of the Commit­tee on Interstate and Foreign Commerce as to the facts they as­certained.

Mr. LIND. Not at all. Mr. O"NEILL of Pennpylvania. I recollect that an order was

made by this House to investigate that matter. 1\Ir. LIND. I am not referring to the investigation. I am

simply asking whether a certain thing was not a fa-ct. 1v!r. O'NEILL of Pennsylvania. Well, I can not answer that.

I do not know whether it was a fact or not. If the gentleman stat3s it as a fact, of course I accept his statement.

Mr. LIND. I wish to ask my colleague another question. In­asmuch as the railroad companies refuse ab '!olutely to comply with the orders of the Interstate Commerce Commission for the pro~ection of the public, do you think it is fair for the Congress of t he United States to constitute the Commission an arbiter be­twe3n t he railroads?

Mr. 0 NEILL of Penns.Jlvania. Well, Mr. Speaker, one rail­road company may not comply, but the great trunk liues of the

.country do comply and have complied, an-l they want the law amended so that they can comply more and more with the re­quirements of the Interstate Commerce Commission ..

Me. LIND. They want to have it their own way. Mr. O'NEILL of Pennsylvania. They want it their own way,

but they can not get it their own way unless we give them leg­islation. [Laughter.] Now, sir, I strug-gled against the inter­state-commerca law all through the fight.. I did all I could to defeat its enactment. I never believed that it would do much good, but now I find that the railroad companies are accapting it graciously in most instances, especially the great trunk lines, and, in accordance with what we have heard from the Interstate Commerce Commission, I desire that we shall not only regulate

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1893. CONGRESSIONAL RECORD-HOUSE. 713 the rail way companie~ if we can, but that ·we shall give t~e Com­mission some privileges which they not now have. In the letter which they have addressed to our committee they do not give us any decided information on this subject, and therefore I say we had better act ourselves. What we believe to be right we had better pass in this House, and then when questions come before the Commission arising out of the laws which we have passed, let them decide whether the railroads comply with the law, and with the rules and regulat~ons made under it, or not.

Mr. BOATNER. Mr. Speaker--Mr. LIND. Mr. Speaker, I move the previous question on my

amendment to strike out section 2. Mr. BOATNER. Mr. Speaker, I desire to offer a substitute

for that section. The SPEAKER p1·o temp01·c. The gentleman from Minnesota

has demanded the previous question upon his amendment. Mr. BOATNER. Well, I was on the floor seeking recogni­

tion at the time the gentleman made that motion. Mr. LIND. Letme suggest to the gentleman from Louisiana

that he can offer his proposed substitute later as an amendment. We have not concluded the bill. I insist upor. the demand for the previous question on mv amendment.

Mr. BOATNER. Mr. Speaker, before the Chair puts the question, I will ask the gentleman from Minnesota to hear my substitute read, and to consider whether he will not consent that I shall have a vote upon it. I am with him so far as the striking out of this section is concerned.

Mr. LIND. I 8hall not object to its being reaa if it can be done by unanimous consent.

There being no objection, the proposed amen-dment was read, as follows:

All railway common carriers are hereby requirea to accept from connect­ing lines loaded cars or trains to be hauled over their lines to point of de· livery at the same rate thtl.t they charge for similar service over their own lines from the point wht>re said cars or trains are received. Provided, the rate charged shall not not be greater for a. shorter than a. longer haul over the lines of said connecting carrier.

Mr. LIND. Mr. Speaker, I will not yield for that amendment at this time.

The SPEAKER pro tempore. 'l'he gentleman from Minnesota has demanded the previous question upon his amendment.

Mr. BOATNER.. Mr. Speaker-- . . The SPEAKER p1·o tempo-re. For what purpose does the gen-

tleman rise? Mr. BOATNER. I rise to make a parliamentary inquiry. The SPEAKER pro tempo're. The gentlAman will state it. Mr. BOATNER. Does the gentlem9.n from Minnesota [Mr.

LIND] insist upon tho previous question after hearing my amend­ment read?

The SPEAKER pro tempore. The gentleman does, and states that he declines to accept the amendment.

The previous question was ordered upon the amendment of Mr. LIND.

The question was taken, and the amendment was agreed to. Mr. BOATNER. Now, Mr. Speaker, I offer the ·proposition

which has just been read as an additional section. The amendment of Mr. BOATNER was again read, as above. The SPEAKER pro tempore. The question is upon the amend­

ment. The gentleman from Louisiana [Mr. BOATNER] has the floor.

Mr. BLAND. Mr. Speaker, I suppose that can be offered as an additional section, but not as a substitute for the section that has been struck out. · The SPEAKER p1·o tempore. It is not offered as a substitute for that section. It is offered as an amendment.

Mr. BOATNER. Mr. Speaker, I understand that this amend­ment of the interstate commerce law has been recommended by the Commission. It is evident that it is intended to cure a de­fect in the law and compel railroads to accept loaded cars and trains from connecting lines and haul them at the same rates which they charge for similar service on their own lines. I do not see any possible objection to the amendment and I hope it will be adopted.

Mr. LIND. I simply desire t<> say to the gentleman that it is my impression that the existing law covers the object aimed at by this amendment; but even if it does not, the question has been before the committee in another form. I think that what the gentleman refer-a to is the request of the Commission that power be given them to compel common carriers to constitute or make through lines.

That they have advocated, time and ag ain, to compel com carriers to join in a scheme to carry traffic consecutive! on through lines. But under the law as it now exists, to refuse to take a properly loaded car and carry it over the line of a rail­road companv would clearly constitute unlawful discrimination. The present law provides amply against that.

I suggest that a proposition of this kind, affecting so many

f.

interests, can not be taken up on the spur of the moment under such circumstances as the present and dispo:3ed of so as to do justice. A proposition of so important a character as this cer­tainly ought to go to the committee and receive mature consid­eration.

Mr. PATTERSON of Tennessee. I hope my friend from· Louisiana [Mr. BOATNER] will not press this amendment. I wish to say that of all the questions I have ever investigated, these questions involving interstate commerce are perhaps the most difficult. The present bill has been the result of very ma­ture deliberation, and of long conferences with the Interstate Commerce Commission. I have already consented t.o the strik­ing out of section 2 of the bill,- for the simple reason that there is a difference of opinion in the committee on that subject. But it is very evidentthatthe amendment of my friend from Louis­iana would destroy the harm~ny of the bill. My own judgment is that the object he is attempting to reach by the amendment is already covered by the interstate-commerce act. But to say the least, a matter of so grave importance as the question pre­sented in his amendment ought not to be disposed of in this way without the consideration of the committee. I move, there-· fore, that the amendment be laid on the table.

Mr. BOATNER. Thope the gentleman wlllnotmove to lay my amendment on the table until I have had an opport:unity to reply to the gentleman from Minnesota [Mr. LIND] and to himself.

Mr. PATTERSON of Tennessee. Very well; I withdraw the motion. How much time does the gentleman want?

Mr. BOATNER. Well, Mr. Speaker, I should like k> have such time as I may desire. As a member of the House I think I have some rights on this floor.

Mr. PATTERSON of Tennessee. I understand that. Mr. BOATNER. Having offered this amendment, I would like

to be heard upon it. Ihaveneverspoken,Ibelieve,inthisHouse for more than ten minutes at a time, but I do not wish to exer­cise my rights on this floor by the grace of anybody. I do not desire always to occupy the floor simply by somebodv's permis­sion that I may speak a few minutes. I am tired of that, Mr. Speaker.

The SPEAKER pro tempore. The gentleman from Loujsiana has proposed an amendment; and if the gentleman from Tennes­see withdraws the motion to lay on the table, the gentleman from Louisiana will be recognized.

Mr. PATTERSON of Tennessee. Mr. Speaker--The SPEAKER pro tempO?·e. Does the gentleman withdraw

his motion to lay on the table? Mr. PATTERSON of Tennessee. I do not. I insist on the

motion. Mr. BOATNER. Mr. Speakt!r, at the time the gentleman from

Tennessee rose, I also rose to address the Chair. I had the right to reply to the gentleman from Minnesota.

The SPEAKER pro tempore. The difficulty was that the gen­tleman from Louisiana [Mr. BOATNER] had spoken and wa3 fol­lowed by the gentleman from Minnesota [Mr. LIND]. Then the Chair simply recognized the gentleman from Tennessee because the gentleman from Louisiana had spoken once upon the subject, and the gentleman from Tenness3e had not. The gentleman from Tennessee having the floor has moved to lay the amend-ment on the table. ·

Mr. LIND. I rise to a parliamentary inquiry: If that motion be adopted will it not carry the whole bill to the table?

The SPEAKER pro tempo-re. The Chair will hear the gentle-man on that subject.

Mr. PATTERSON of Tennessee. I insist on my motion. Mr. LIND. Mr. Speaker, I desire to state my point of order. Mr. PATTERSON of Tennessee. !call the previousquestion

on my motion. The SPEAKER pro ternpqre. The gentlemanfrom Minnesota

[Mr. LIND] has the floor upon a question of order. Mr. LIND. As I understand, under general parliamentary

law a motion to table an amendment carries with it, iE adopted, the bill itself. In the Senatethereisaspecial rulewhichallows the adoption of a motion to table an amendment without affect­ing the bill. We have no such rule here , and I do n ot under­stand that the House can be deprived by a motion of this kind of the opportunity to consider the bill. I think the motion is out of order. I think the gentleman from Tennessee might move the previous question on the amendment; but I know he does not want to table this bill.

Mr. PATTERSON of Tennessee. I withdraw tnymotion to lay on the table and move--

The SPEAKER pro tempore. The gentleman from Louisii.na [Mr. BOATNER] is recognized.

Mr. PATTERSON of Tennessee. I move the previous q" ..... )3-tion on the amendment.

The SPEAKER pro tempore. The gentleman from Tennessee having withdrawn the motion· to lay on the table, the Chair has

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714 CONGRESSIONAL. RECORD-HOUSE. JANUARY 19,

recognized the gentleman from Louisiana [Mr. BOATNER], who is now entitled to the floor. ·

Mr. BOATNER. Mr. Speaker, I think the gentleman from Minnesota [Mr. LIND] is laboring under a mistake as to the pro­visions of the interstate commerce law in this regard. While that requires common carriers to receivefreigh ts, either loaded on cars or otherwise from other connecting carriers, there is nothing to prevent them from discriminating in their charges, and thus enable them to refuse effectually to take such freights by putting .such rates upon them as to amount to a :practical prohibition.

Now there is a case which has arisen m my own district and which illustrates the wea.knessof thelawasitnowstands. There has grown up on the V., S. and P. Railroad, that is to say, the Vicksburg, Shreveport and Pacific Railroad, between Monroe and Shreveport, a number of verylargelumberestablishmentswhich have been finding their market over one of the lines of the Iron Mountain system.

The Gould roads, or system, controls both ends of the Vicks burg, Shreveport and Pacific road. That is the connecting lines go­ing to St. Louis and Chicago, and the Western States generally are controlled by the Gould system. Large lumbering estab­lishments grew up also on th~ lines of the Gould system; and in order, as I am reliably informed, although I do not state this as a fact on my own personal knowledge, for the purpose of giv­ino- people engaged in the lumbering business on their lines a monopoly of the business, which had been participated in by mills on the other line to which I have referred, the Gould sys­tem refused to take lumber whether in trains or on cars from the line of this road, except on such terms as absolutely prohibited the mills on the Vicksburg, Shreveport and Pacific road from shipping their lumber over the other line.

Now, if the law already requires what I ask in this amend­ment, of course I have nothing more to say; but my understand­ina- is that there is no such requirement in the law; and all I am asking in the amendment is that under the provisions of the in­terstate-commerce act connecting railways engaged in inter­state-commerce shall be compelled to receive from connecting common carriers loaded trains or cars and haul them to the point of destination on the same terms that they charge on their own line for loaded trains or loaded cars from that point to the point of delivery, provided that they shall not be permitted to charge a greater price for the shorter haul on the trains or cars from the connecting roads than they charge on their own.

Mr. COX of Tennessee. Will the gentleman allow me a mo­ment?

Mr. BOATNER. Certainly. Mr. COX of Tennessee. Is not your proposition, centered

down, simply this: That where the freight is -picked up by a con­necting line, and shipped over such connectmg line, that road shall not charge more for the freight than for the freight which it picks up on its own line, and carried the same distance?

Mr. BOATNER. Certainly. Mr. COX of Tennessee. Now do not you see at once that that

destroys the idea of through freight shipped on different lines, and that you give a local price to the railroad that picks it up on its end of the line.

Mr. BOATNER. No, I do not think so. I think the gen­tleman misapprehends the purpose of the amendment, and cer­tainly labors under an error as to its effect. Let me illustrare: Sup­pose, for instance, that a lumbertraincomesoverthe Vicksburg, Shreveport and Pacific road to the town of Monroe, and is there tendered to a road known as the Houston, Central Arkansas and Northern, which runs from Monroe north to St. Louis. That road says" I will not take the lumber except at a certain price," and that price prohibits the shipment of it on this northern line. At the same time the Houston, Central Arkansas and Northern is hauling lumber from the same point, or 50 or 100 miles below it, at a price which enables the mills on its lines to put lumber in the market at remunerative prices.

The gentleman from Tennessee does not catch my idea at all. It is not to compel through freights on the terms that we see fit to apply, but to say to the connecting common carriers that they shall take freight, from their connection, at the same price that they haul freight for the public over their own line from the point in question.

Mr. COX of Tennessee. But will the gentleman pardon me a moment? ........_

Mr. BOATNER. Certainly. Mr. COX of 'I'ennessee. The previous provision of the bill is

that the connecting lines, belonging to different corporations, shall form only one entire and continuous line for this purpose.

Now, to make that point plain. Suppose we take up freight here at Washington, to be carried to San Francisco, and to be shipped over half a dozen different connecting lines. When you reach the end of this line, say at Chicago, you put it in the power of that connecting road to pick it up and charge or exact

freight from Chicago to San Francisco that would not be war­ranted under the provisions of existing law. Therefore we have conferred on a part of the line a local rate, so to speak, and de­stroy the other sections of the bill which makes the entire line a a through line, thereby defeating that provision in the law which refers to the long and short haul clause as originally designed.

Mr. BOATNER. Mr. Speaker, I think the gentleman from Tennessee [Mr. Cox] totally misapprehends the scope and effect of the amendment which I propose, and that he totally misap­prehends, also, the scope . and effect of the bill which is under consideration. Why, sir, certainly this House bas not said that one line may carry freight from New York to Chicago, and then dictate to a road west from Chicago what it shall charge for carrying that same freight from Chicago to San Francisco.

Mr. COX of Tennessee. It does that. Mr. BOATNER. Does the gentleman say that the first com­

mon carrier can dictate to the second common carrier the rate at which it-shall carry the freight?

Mr. COX of Tennessee. It does that in effect. Mr. BOATNER. The gentleman is certainly mistaken. Mr. COX of Tennessee. It does not say it in that language. Mr. BOATNER. It could not have any such effect. We have

no right to make any such regulation. It would be a depriva­tion of the individual right of the corporation to manage its own affairs.

Mr. LIND. Mr. srreaker, I rise to a parliamentary inquiry. The SPEAKER. rhe gentleman will state it. Mr. LIND. Who is entitled to the floor? The SPEAKER. The gentleman from Louisiana Mr. [BOAT-

NER] has the floor. Mr. LIND. For how long a time? The SPEAKER. For one hour. Mr. BOATNER. I say I think the gentleman from Tennessee

fMr. Cox] has not caught the idea which I have been trying to impress upon the House, and that is that a common carrier shall not be permitted, by fixing a higher rate of freight upon what it receives from its connecting carrier, to prevent the business coming over that line and to force business over its own line, or to give a monopoly to those people who do business over its own line.

Mr. BUTLER. I would like to ask the gentleman a question. Mr. BOATNER; Very well. Mr. BUTLER. You say it prohibits making a higher rate.

Does not the wording of your amendment prohibit the making of a lower rate? It says it must be taken at" the same rate." It does not say the same or less.

Mr. BOATNER. I do not suppose it prohibits the reducing of Hs rate.

Mr. BUTLER. Suppose theywish todrawthe trade that way and to make an inducement to do--it? Your amendment provides that it shall be t!:l.ken at the same rate, and it can not be taken at less.

Mr. BOATNER. I do not apprehend that any one excepting the gentleman from Iowa lMr. BUTLER] would put such a con­struction as that upon the amendment or get any such idea.

Now, Mr. Speaker, I have offered this amendment. It has re­peatedly been suggested by the Interstate Commerce Commis­sion, and it proposes to cure an abuse which exists under the present system.

Mr. PATTERSON of Tennessee. I move the previous ques­tion on the pending amendment, and on the bill to its engross­ment and third reading.

Mr. BOATNER. I wish to know if I have not a right to a vote upon this amendment. ·

The SPEAKER. Undoubtedly. The amendment is pending and there will be a vote upon it.

Mr. MALLORY. I hope the gentleman from Tennessee [Mr. PATTERSON] will not insist upon his demand for the previous question. I have an amendment which I desire to offer.

Mr. PATTERSON of Tennessee. I wish toget the bill passed this afternoon.

Mr. MALLORY. If the gentleman will not yield to me to offer my amendment, I shall have to vote against the bill.

The SPEAKER. The gentleman from Tennessee [Mr. PAT­TERSON] demands the previous question upon the pending amendment, and upon the bill to its engrossment and third read­ing.

The previous question was ordered. The SPEAKER. The question now is on the amendment pro-

posed by the gentleman from Louisiana. Mr. BLAND. I call for the reading of the amendment. The SPEAKER. 'l1he Clerk will report the amendment. The amendment offered by Mr. BOATNER was again read. Mr. BOATNER. I would like to modify my amendment by

adding the words ''at a rate not exceeding that charged by their own line."

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1893. ·CONGRESSIONAL RECORD-HOUSE. 715 Mr. BLAND. I ask unanimous consent that the words "no

greater rate" may be inserted. Mr. BOATNER. I was just suggesting such a change asth~t. The SPEAKER. Without objection the words can be m­

serted. The gentleman may modify his amendment. Me. BLAND. Inasmuch as the gentleman has modified his

amendment, I would like to have it read as amended. The SPEAKER. The amendment as modified will be re­

ported. The Clerk read as follows:

All r ailway common carriers are hereby required to accept from connect­ing lines loaded cars or trains to be hauled over their lines t? point of d!3-livery at a r ate no greater than they charge for similar serVlce over t!leir own line from the point where such cars or trains are received: P1·ovided, The rate charged shall not be greater for a shorter than a. longer haul over the lines of said connecting carrier.

Thequest ion being taken on theamendmentof Mr. BOATNER, the Speaker announced that the ayes seemed to have it.

On a division (demanded by Mr. LIND and Mr. PATTERSON of Tennessee) there were~ayes 85, noes 58.

So the amendment was agreed to. The SPEAKER. The question is on the engrossment and

third reading of the bill. . . The bill was ordered to be engrossed for a third readmg; and

being engrossed, it was accordingly read the third tin:e. Mr. PATTERSON of Tennessee. I move the previous ques­

tion on 1 he passage of the bill. The p r evious question was ordered; and under the operation

thereof, the bill was passed. On motion of Mr. PATTERSON of Tennessee, amotion tore­

consider the vote by which the bill was passed was laid on the table.

AMENDMENT OF TITLE). Mr. WISE. Mr. Speaker, I ask unanimous consent that the

title of Senate bill1933, which passed a moment ago, be changed so as to read:

An act in relation to testimony before the Interstate Commerce Commis­sion. and in cases or vroceedings under or connected with an act entitled "An act to re&"ulate commerce," approved February 4, 1887, and amend­ment a thereto.

There was no objection, and it was so ordered. AMENDMENT OF INTERSTATE COMMERCE ACT.

Mr. STORER. Mr. Speaker, I call up the bill (H. R. 10042) to amend an act entitled "An act to regulate commerce," ap­proved February 4, 1887, as amended March 2, 1889.

The Clerk proceeded to read the bill. During the reading, Mr. STORER said: Mr. Speaker, the bill is a long one, and

the only new part of the bill in addition to the existing law com­mences on page 7. I ask unanimous consent to pass over the reading of what is existing law, and to begin the reading at the top of page 7, line 14.

The SPEAKER. The gentlemen from Ohio [Mr. STORER] states that the only new provision that is not exis~ng law occurs at page? of the bill. He asks to omit the reading of that part of the bill.

Mr. KILGORE. I object, Mr. Spea,ker. The reading of the bill was resumed and concluded~ follows: B e it enacted, etc., That sections 6 and 10 of an act entitled "An act to regu­

late commerce," approved February 4, 1881, as amended by an act approved March 2, 1889, be, and the same are hereby, amended so as to read as follows:

"SEc. 6. That every common carrier subject to the provisions of this act shall print and keep open to public inspection schedules showing the rates and fares and charges for the transportation of passengers and property which any common carrier has established and which are in rorce at the time upon its route. The schedules printed as aforesaid by any such common car­rier shall plainly state the places upon its railroad between which prop­erty and passengers will be carried, and shall conta.in the classification or fl·eight in force, and shall also state separately the terminal charges, and any rules or regulations which in anywise change, atrect, or determine any part or the aggregate of such aforesaid rates and fares and charges. Such sched­ules shall be plainly printed in large type and copies for the use of the public shall be posted in two public and conspicuous places in every depot, sta­tion, or omce or such carrier where passengers or freight, respectively, are received for transportation, in such form that they shall be accessible to the public and can be conveniently inspected. .

"Any common carrier subject to the provisions or this act receiving freight in the United States to be carried through a foreign country to any place in the United States shall also in like manner print and keep open to public in­spect ion, at every depot or office where such freight is received !or shipment, schedules showing the through rates established and charged by such com· mon carrier to all points in the United States beyond the foreign country to which it accepts freight for shipment; and any freight shipped !rom the United States through a. foreign country into the United States, the through rate on which shall not have been made public'!l.s required by this act, shall, before it is admitted into the United States !rom said foreign country, be subject to customs duties as if said freight were of foreign production; and any law in conflict with this section is hereby repealed.

'·No advance shall be made in the rates, !ares, and charges which have been esta.blished and published as aforesaid by any common carrier in com­pllance with the requirements or this section, except after ten days' public notice, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into e:trect; and the proposed changes shall be shown by printing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. Reductions in such

published rates, fares, or charges shall only be made after three days' previous public notice, to be given in the same manner that notice of an advance in rates must be given.

"And when any such common carrier shall have established and published its rates, tares, and charges in compliance with the provisions of this sec­tion, it shall be unlawful for such common carrier to charge, demand, col­lect, or receive from any person or persons a great-er or less compe~a.tion for the transportation of passengers or property, or for any services m con­nection therewith, than is specified in such published schedule of rates, fares, and charges as may at the time be in force.

"Every commoncarrier subject to the provisions of this actshallftlewith the commission hereinafter provided for copies of its schedules or rates, fares, and cha.rgeswhich have been established and published incompliance with the requirements or this section, and shall promptly notify said com­mission of all changes made in the same. Every such common carrier shall also file with said commission copies of all contracts, agreements, or ar­rangements with other common carriers in relation to any traffic affected by the provisions or this act to which it may be a. party. And in cases where passengers and freight pass over continuous lines or routes operated by more than one common carrier, and the several common carriers operating such lines or routes establish joint tariffs of rates or fares or charges for such continuous lines or routes, copies of such joint tariffs shall also, in like manner, be filed with said commission. Such joint rates, !ares, and charges on such continuous lines so filed as aforesaid shall be made public by such common carriers when directed by said commission, insofar as may, in the judgment of the commission, be deemed practicable; and said commission shall from time to time prescribe the measure of publicity which shall be given to such rates, !ares, and charges, or to such part or them as it may deem practicable tor such common carriers to publish, and the places in which they shall be published.

"No advance shall be made in joint rates, fares, and charges shown upon joint tariffs, except after ten days' notice to the Commission, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the increased rates, fares, or charges will go into errect. No reduction shall be made in joint rates, !ares, ana charges, except after three days' notice, to be given to the Commission as is above provided in the case of an advance of joint rates. The Commission may make public such proposed advances; or such reductions, in such manner as may, in its judg­ment, be deemed practicable, and may prescribe from time to time the meas· ure of publicity which common carriers shall give to advances or reductions in joint tariffs.

• "It shall be unlawful for any common carrier, party to any joint tariff, to charge, demand, collect, or receive from any person or persons a. greater or less com:pensation !or the transportation or persons or property, or !or any services mconnection therewith, between any points as to which a. joint rate, fare, or charge is named thereon than iS speci.fied in the schedule filed with the Comm..lssio-g. in force at the time:-

... The Commission may determine and prescribe the form in which the schedules required by this section to be kept open to public inspection shall be prepared and arranged, and may change the form from time to time as shall be found expedient.

''If any such common carrier shall neglect or refuse to file or publish its schedules or tar ill's of rates, !ares, and charges as provided in this section, or any part of the same, such common carrier shall, in addition to other penalties herein prescribed, be subject to a writ o.r mandamus, to be issued by any cir­cuit court of the United States in the judicial district wherein the principal omct~ of said common carrier is situated, or wherein sueh o:trense may be committed, and if such common carrier be a foreign corporation, ~ the ju­dical circuit wherein such common carrier accepts tramc and has an agent to perform such service. to compel compliance with the aforesaid provi­sions of this section; and such writ shall issne in the name or the people of the United States, at the relation of the Commissioners appointed under the provisions of this act: and the failure to comply with its requirements shall be punishable as and for a contempt; and the said Commissioners, as complainants, may also apply, ina.ny such circuit court of the United States, for a writ or injunction against such common carrier, to restrain such com· mon carrier !rom receiving or transporting property among the several States and Territories or the United States, or between the United States and adjacent foreign countries, or between ports of transshipment and of entry and the several States and Territories of the United States, as men­tioned in the first section or this act, until such common carrier shall have comnlied with the aforesaid provisions of thi3 section of this act.

"'l'hecopieso!schedules and tari.!tso!rates, fares, and charges filed with the Commission, as herein provided, shall be preserved as records in the custody of the secretary of the Commission and shall be prima facie evidence, !or the purpose of investigations by the Commission, and in all judicial proceed­Ings, that the rates, !ares, and charges therein mentioned are or were the rates, fares, and charges actually demanded, collected, and received during the time such schedules and tariffs purport to be, or to have been, in force.

"The copies or all contracts, agreements, or arrangements between common carriers, filed with the Commission a.s herein provided, shall be preserved as records in the custody of the secretary or the Commission and shall also be receivable in evidence as being p1·imafacie what they purport to be for the purpose of investigations by the Commission and in all judicial proceedings.

"'l'he statistics, tables. and figures contained in the annual reports of car­riers made to the Commission, a.s required by the provisions of this act, and in the report of the statistician of the Commission, shall be preserved as records ih the custody of the secretary or the Commission, and shall also be received in evidence as p rima facie correct for the purpose of all investiga­tions made by the Commission, and in all judicial proceedings.

" Copies of , or ex9-'acts from, any of said schedules, tari.!ts, contracts, agreements, arrangements, or r eports, made records as aforesaid, certified by the secretary of the Commission, shall also be receivable in evidence with like etrect as the original."

Mr. STORER. Mr. Speaker, the object of this bill is very simple, and it is also very t echnical. The law as it now exists requires thateveryrailroadcompanyengaged in interstate com­merce business shall file with the Interstate Commerce Commis­sion copies ·of its tariffs~ of its schedules, and its annual reports. No provision has ever by law been made that the same provision which would apply to these papers and printed copies if depos· ited in any other department of the Government could be used as evidence in cases in court.

Mr. HOLMAN. If the gentleman from Ohio will allow me, I believe that these last sections were not read.

Mr. STORER. The committee's amendment strikes them out. · Mr. HOLMAN. I think they ought to be read.

Mr. STORER. The bill as reported from the committee does not include those sections. It strikes the last three sections out.

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716 CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

Mr. HOLMAN. But they are sections of the bill, and the committee recommend that they b3 stricken out. It seems to me that they are very important.

Mr. STORER. Does the gentleman desire to have section 10 read? ·

Mr. HOLMAN. I am for the bill and for those sections. Mr. STORER. They are not in the bill reported. Mr. HOLMAN. Why, certainly they are. Mr. STORER. I p resume you have not the bill as reported. Mr. HOLMAN. Have you reported a substitute? Mr. STORER. Yes; the committee have reported a substi-

tute for the bill as introduced. Mr. HOLMAN. Tho original bill has not been read? Mr. STORER. The original bill has not been read. Mr. BLANCHARD. But the original b:.U is not before the

House. Mr. STORER. I will remind the g-entleman from Indiana that

there are many bills bafor-3 our committee not yet reported which he could have read if he desired.

Mr. HOLMAN. I am in favor of the bill, and I am also in favor of the three sections stricken out; but if you hM·e reported a substitute bill I can not insist on having these sections read.

Mr. STORER. Theonlyobjectwehaveistoputthesepapers, which of course are ln printt in the same position they would be when filed with the Interstate Commerce Commission, with similar papers and documents belonging to the other depart­ments of the Government, and which are in the care of those de­partments.

Mr. HOLMAN. Are there no penal provisions in this act? Mr. STORER. There are no penal provisions in it. Mr. HOLMAN. Why not? Mr. STORER. The gentleman is at liberty to introduce a

bill if he desires; but this is the bill the committee reports. Mr. HOLMAN. I know; but I would like the gentleman to

explain why the bill r eported does not impose a penalty for a violation of the law. ·

Mr. STORER. This section, I will remind the gentleman from Indiana, was passed in a Hou~e of which he was a member, an.d has been the existing law smce 1887. No gentleman of thts committee who makes this report is responsible for that legis­lation any more than the gentleman from Indiana.

Mr. HOLMAN. I think there ought to be a penal provision in the act~ otherwise, how can you expect to enforce it?

Mr. STORER. Does the gentlema'.l propose an amendment? Mr. HOLMAN. I think the gentleman himself ought to con­

sent to offer these three last sections. I think they are all good sections. They provide for the enforcement of the provisions of the bill.

Mr. STORER. If the gentleman had been attending to what the House had been doing, he would have remembered that the bill fresented by our colleague from Tennesse~ [Mr. PATTER­SON includes the penal provisions and leaves tnem as they are now in the law. There are penal provisions for every violation of the law.

Mr. HOLMAN. And penal provisions for the violation of the present law?

Mr. STORER. And for violations of the provisions of the present law.

Mr. HOLMAN. I am satisfied with that explanation. Mr. STORER. The only question is whether we are going to

put these printed copies of documents in the _hand_s ~f th.e Com­mission on such a level as to make them pnma jae~,e evidence, and allow the Commission to certify copies therefrom as the De­partments of the Government are permitted to do. Now, Mr. Speaker, unle:::s some gentleman de~ires to be heard, I will c~ll the previous question upOJ?- the p3J?-dmg amendment and the bill to its engrossment and third readmg.

The previous question was ordered. The amendments were agreed to. The bill as amended was ordered to be engrossed and read a

third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. STORER moved to reconsider the vote by which the bill was passed; and also m::.>ved that the motion to reconsider be laid on the table.

The latter m otion was agreed to.

BRIDGE ACROSS THE MISSISSIPPI AT NEW ORLEANS.

Mr. WISE. Mr. Speaker,l call up the bill (S . 2345) to author­ize the construction of a bridge across the Mississippi River above New Orleans.

The Clerk proceeded to read the bill. . Mr. WISE. Mr. Speaker, I ask unanimous consent that the

reading of that bill be dispensed with: It is dra.wn in the usual form with the usual safeguards. Its1mplyprovides for the con­$trudtion of a bridge across the Mississippi River at New Orleans .

The bill has passed the Senate; the memters from Louisiana. are agreed in approving it; there is no objection to it, and it car­ries no appropriation.

Mr. HOLMAN. I hope the bill will be read, Mr. Speaker. The SPEAKER. Objectioa is made and the Clerk will read

the bill. Mr. HOLMAN (during the reading). Mr. Speaker, upon the

assurance that this bridge bill is in the usual form, and contains­the safeguards found in other bills of like c haracter coming from the committee, I will not insist upon the further reading.

The SPEAKER. If there be n o objection, the further read-ing of this bill will be dispensed with.

Mr. TRACEY. I object. The Clerk r esumed and completed the reading of the bill. Mr. WISE. I yield to the gentleman from Louisiana [Mr.

BLANCHARD]. Mr. BLANCHARD. Mr. Speaker, I wish to say, in connec­

tion with this bill, that a similar one was introduced in the House by myself. My c~lleague from New Orleans [Mr. LAGAN] de­sires to offer one or two amendments which I have ageeed to accept, and which the committee have agraed to accept, and I now yield to him.

Mr. LAGAN. Mr. Speaker, I offer the amendment which I send to the desk.

The amendment was read, as follows: After the words "Mis&issippi River," in section 1, strike out "above the

city of New Orleans" and insert in lieu thereof "the approach to which, on its left bank, shall be within the upper lilJI.its of the city or New Orleans if practicable, or within five miles above S:lid city limits."

Mr. WISE. We accept that amendment. The amendment was agreed to. Mr. LAGAN. Mr. Speaker, I offer the further amendment

which I send to the desk. The amendment was read, as follows: Add to the end or section 5: "Provided, That nothing in this section shall

be construed as giving authority to the Secretary of War to diminish the height of bridge or the width or spans as specified in section 3 or this act."

Mr. WISE. Mr. Speaker, we accept that amendment. Mr. BLAND. Mr. Speaker, that amendment certainly ought

not to be adopted. We are proceeding here to bridge the Mis­sissippi River near its mouth. It is a question of great impor­tance to all the people of the Mississippi Valley. There are great objections to bridging streams so as to interfere with water navi­gation, but here is a proposition which, if this amendment is adopted, will practically close the mouth of the Mississippi River to commerce of the agricultural people above. That amendment, as I understand it, permits the Secretary of War to reduce the hein-htof thisbridge. I doubt theproprietyof erectinga bridge the~eat all. I am not in favor of bridging the Mississippi River so near its mouth, and I think it hahoovcs gentleman on this floor repres3ntin(J' the great Mississippi Valley to consider the matter well befor~ they authorize the construc tion of this bridge.

Mr. BLANCHARD. Mr. Speaker, the interests of navigation upon the Mississippi River has been carefully guarded in the drawing of this bill. The bridge is to be constructed just above the city of New Or leans.

There are to be only two piers in the river, and the central span of the bridge is to be not less than 1,000 feet wide and 85 feet hi<Th, above the highest water in the river at flood stages.

The ~mendment which my colleague [Mr. LAGAN] has offered simply goes a l~ttle far ther tha;n th.e bill itself~ co~servi;ng and protecting the mterests of naVIgatiOn. The obJectiOn raised by the gentleman from Missouri[Mr. BLAND] to the amendment has noforcewhatever. If a bridge is to be constructed over the Missis­sippi River at or near New Orleans that bridge, as everyone will admit, should be a high bridge; and I, for one, acting in the inter­est of the navigation of the river, would never consent to the passage of a bill authorizing the Secretary of War at any time to make the bridge a low bridge. The object of the amendment, I repeat is simply to guard more carefully the navigable interests of the ~·iver, and it should be adopted.

Mr. BLAND. I would like to have the amendment read again. I may have misunderstood its purport. But I am <?PPOSed to brido·ing the river at New Orleans or anywhere near Its mouth.

The amendment was again read. The quest ion being taken 011 the amendment, it was agreed to. The SPEAKER. The question is now on ordering the bill as

amended to a third reading. Mr. BLAND. Let us have a division on that. The question being taken, there were-aye~ 140, n~es 5. . So the bill as amended was ordered to a third readmg; and It

was accordingly read the third time, and p1ssed. On motion of Mr. WISE, a motion to reconsider the last _vote

was laid on the table. BRIDGE AT OR NEAR SIOUX Cl~l'Y, IOWA.

Mr. WISE. I call up th3 bill (H. R. 10063) to amend "An act

1893. CONGRESSIONAL RECORD-HOUSE~ 717 authorizing the construction of a high wagon bridge across the Missouri River at or near Sioux City, Iowa," etc.

The bill was read, as follows: Be it enacted, etc., That section 7 of an act entitled "An act authorizing the

construction of a high wagon bridge across the Missouri River at or near Sioux City, Iowa," approved March 2, 1889, as amende:! by an act entitled "An act to amend an act entitled 'An act authorizing the construction of a. high wagon bridge across the Missouri River at or near Sioux City, Iowa, '" approved April13, 1890, be amended so that it shall read a.s follows:

"SEc. 7. That this act shall be null and void if the construction of said bridge shall not be commenced within two years and be finished within five years from its passage."

SEC. 2. That section 1 of said act ot April 30, 1892, be amended to read as follows:

"That it shall be lawful tor the Pacific Short Line Bridge Company, or its assigns, to construct and maintain," etc. .

And the addition of the words "an1 asstgns" shall be made wherever m said section the words "the Pacific Short Line Bridge Company" appear.

The following amendments reported by the committee were read and agreed to:

In line H, of section 1, strike out the words "within five years from its passage " and insert "on or before March 2, 189!."

In line 2 of section 2, strike out " 1832" and insert "1890." Mr. WISE. I now yield to the gentleman from Massachusetts

[Mr. LOLGE], who desires to offer an amendment. Mr. LODGE. I ask the adoption of the amendment which I

send to the desk. The Clerk read as follows: At the end or the bill add the following: "Provided alu·ays, That the franchises granted to said company by the

aforesaid acts shall not be alienable until all judgments existing against said company at the time this act goes into effect have been paid and sat­isfied.''

The am=ndment was agraed to. The SPEAKER. The question is on ordering the bill as

amended to be engrossed and read a third time. Mr. BUTLER. This seems to be a bill amendatory of an act

for the construction of a bridge. I should like to know what the objects of the bill is, and what changes it makes in the act already passed.

Mr. PERKINS. Mr. Speaker, this bill proposes simply to extend for one year the time for the construction of this bridge. The original act was passed in 1889 and amended in 1890. The time now allowed by law for the construction of the bridge would expire on the 2d of March next. It is proposed now to extend the time till March 2. 1894. That is all there is in the bill.

Mr. BRECKINRIDGE of Kentucky. What is the meaning of the clause providing :(or inserting the words ''and assigns?"

Mr. PERKINS. In the amendatory act of 1890 the words" and assigns" were, by oversight, omitted after the name of the bridge company. It is now proposed to insert those words, so as to make the language read ''The Pacific Short Line Bridge Company or its assigns," thus following the usual form in the drawing of bills of this character.

Mr. BUTLER . . The object of my question was to ascertain the reason why more time is required for the building of this bridge than was originally granted. Why has this extension of time become necessary?

Mr. PERKINS. Because after the passage of the amendatory act there was some delay in providing for the building of this bridge. The work is now in active progress and will be com­pleted in all probability by the 1st of August of this year.

Mr. BRYAN. I wish to say, Mr. Speaker, that the people on the Nebraska side of the river are very anxious for the passage of this bill. There was at one time some difference of opinion on the question, but now there is a general agreement.

Mr. PICKLER. The people of South Dakota are also anxious for the passage of the bill.

The bill was ordered to be engrossed and read a third time; and it was accordingly read the third time, and passed.

On motion of Mr. WISE, a motion to reconsider the last vote was laid on the table.

BUSINESS OF FOREIGN AFFAIRS COMMITTEE. Mr. BLOUNT. I ask unanimous consent that the Committee

on Foreign Affairs be allowed to sit during the sessions of the House for the remainder of this session.

There being no objection, leave was granted. ROCKPORT, TEX., A SUBPORT OF ENTRY.

Mr. WISE. I now call up the bill (H. R. 9531) to make Rock­port, Tex., a subport of entry.

The bill was r~ad, as follows: Beitenacted,etc., That Aransas (Rockport) in the customs collection district

of Corpus Christ1, Tex., be, and he is hereby, constituted a subport of entry in said district.

The bill was ordered to be engrossed and read a third time; and it was accordingly read the third time, and passed.

BRIDGE ACROSS THE HUDSON RIVER. Mr. WISE. Mr. Speaker, I ask immediate consideration of

the bill (H. R. 7585) to authorize the New York and New Jersey

Bl'idge Companies to constructandmaintain a bridge across the Hudson River between New York City and the State of New Jersey.

The SPEAKER. The bill will be read. Mr. WISE. I ask unanimous consent to dispense with the

reading of that bill. Mr. WILLIAM A. STONE. I object. The SPEAKER. The Clerk will read the bill. Mr. WILLIAM A. STONE. I move that the House do now

adjourn. Mr. WISE. Mr. Speakl)r, I understand that bill is going to

be opposed, and there is a measure of much public importance that we desire to bring before the House this afternoon, so that I will withdraw the bill.

The SPEAKER. The bill is withdrawn. · Mr. WILLIAM A. STONE. I withdraw the motion to ad-

journ. . Mr. WISE. I yield :cyow to the gentleman from Maryland to

introduce a bill which he desires to call up.

NATIONAL QUARANTINE.

Mr. RAYNER. Mr. Speaker, I desJ..re to call up this after­noon the bill (H. R. 9757) to provide for the batter protection of commerce and for the general welfare, for the establishment of a national quarantine, etc.

The SPEAKER. The hill will be read. Mr. RAYNER. With the consent of the House I would like

to ask for the substitution of the Senate bill, and wish to state the reason for making the request.

The Committee on Commerce had reported a quarantine bill, and afterwards a bill was reported to the Senate and passed. The Senate bill is almost identical with our bill, with the ex­ception of one section which carries an appropriation.. It "is subshntially similar with the single exception I have named, and I should like for the discussion upon the measure to take place upon the Senate bill, a bill which passed the Senate unan­imously, and differs only in the wording and in some slight par­ticulars from the House bill.

I ask unanimous consent now, no matter what action may be taken hereafter, to substitute the bill (S. 2707) for the House bill.

Mr. LIVINGSTON. What is the appropriation? Mr. RAYNER. The Senate bill carries an appropriation of

$1 1000,000. The House bill carries no appropriation. But when the proper time comes, if there is objection, the Senate bill can be amended in that regard.

The Ssnate bill is on the Speaker's table, and we do not want to have two bills, differing so slightly !rom each other, pend­ing at the same time. That bill has been lying on the Speaker's table waiting action on the House bill.

I ask that it be substituted for the Houso:l bill, so that the dis­cussion may take place upon it.

Mr. STUMP. Has that bill been referred to a committee and reported from a committee? • · •

The SPEAKER. Is there objection to the request of the gen­tleman from Mar.Yland?

Mr. CUMMINGS. !object. Mr. RAYNER. Then I move that the Senate bill, No. 2707.

on the Speaker's table, be substituted for the Hous3 bill, No. 9757. The SPEAKER. The Chair will state to the gentleman from

Maryland that there is no rule of the House to authorize the mo­tion he submits.

Mr. RAYNER. Very well, then, we will act on the House bill.

Mr. CUMMINGS. And on that I raise the question of consid-eration. . ·

The SPEAKER. The Senate bill must have its first consid­eration in a committee.

Mr. RAYNER. I withdraw the motion; and we will go on with the House bill.

Mr. GEISSENHAINER. I move that the House do now ad­journ.

The question was taken; and o~ a division there were-ayes 41, noes 78.

So the House refused to adjourn. Mr. LITTLE. I move that the House take a recess until 10

o'clock to-morrow morning. Mr. WISE. A parliamentary inquiry, Mr. Speaker. If that

motion prevails will not this subject come up to-morrow? The SPEAKER. That would be the effect of the adoption of

the motion of the gentleman from New York. Mr. DICKERSON. I desire to amend the motjon by making

it 11.55. The SPEAKER. The question will first be taken 0n the

amendment. The question was taken; and on a division there were-ayes

106, noes 13.

718 OONGRESSIONAL REOORD-· HOUSE. JANUARY 19,

Mr. FITCH, Mr. GEISSENHAINER,;and other.s. No quorum. Mr. WISE. I demand the yeas and nays. Mr. HOLMAN. I hope to-morrow will not be assigned to .any

other business, as the Committee on A~propriations wishes to bring in the -sundry civil bill. .

The SPEAKER~ Of course, the Committee on Interstate and Foreign Commerce would proceed to-morrow, as to-day, with their business, if the House now takes a recess.

l.fr. TRACEY. Pending the motion for a -recess, I move ·that the House now adjourn.

·The question ·was taken; and on a division there were-ayes 70, noes 69.

So the the motion was agreed to; and accordingly (at 4 o'clock and 55 minutesp. m.) the House adjourned.

REPORTS OF COMMITTEES.

Under clause 2 oi Rule XIII , pri-v.a.te bills and resolutions were severally reported from committees, delivered to the Cler k , and referred to the Committee of the Whole House, as follows:

ByMr.ATKINSON,fromthe Committee on Claims: The bill (H. R. 2889) lor the relief oi George C. Ellison. ·(Report No.

~;)Mr. BULLOCK, from the same -committee: The bill tH. R. 8986) authorizing the Secretary of the Treasury to adjust .ana settle the account of the heirs of Alfred G. 'Benson with the United States. (Report No. 2295.)

By Mr. COX()f Tennessee,irom the same -committee: The bill (H. R. 9312) for the relief oiWalter 0~ West, .for quar ­

termaster's s.llDplies. ,(Report No.. '2296 . .) The bill (H.-.R. -9960) for -the Te1ief of A. B~ 'Philllps. (Report

No. 2297.~ The bill (H. .R. 8736) for the relief of the Hl:fibley ana Wood

Grocer Company, .of Van 'Buren, Crawford County, A1'k. (Re­port No. 229~.)

By Mr~ McGANN, .from the same committee: The bill (H.R. _86_87)ior the relief ol A. H. Simpson. (Report No . .2299.)

By .Mr~ CRISP: A bill (H, B. 10252) granting a pension to Le· ander F. McCoy-to the Committee -on Pensions.

By Mr. McKAIG: A bill (H. R. 10253) lor the relief of Lewls W. Mann, deceased, late of Frederick County, Md.-to the C.om· mittee on War ClailllE.

By .Mr. PAGE: A ·wu (H. R. 10254) granting an honorable discharge to Dudley Doherty, late private Company D , Sixteenth Regiment Massachusetts Volunteers-to the Committee on Mili­tary Affairs.

By Mr. RAY: A bill (H.R. 1025.5) for the relief of Maj. ·Gen. John C. Robinson, authorizing the Secretary of ·war to place him on the ret ired list oi the Army with the full rank and pay of a major-general-to the Committee on Military Affairs.

Also, a bill (H. R. 10256) g r anting- -a pension to .Hannah E. Wils0n-to the Commit tee on Invalid Pensions .

By Mr. JOSEPH D. TAYLOR: .A bill (H. R . 10257) _granting a pension to Sarah Weedon-to the Committee on Invalid Pen­sions.

PETITIONS. ETC. Under clause 1 of Rule XXII, the following petitions and J>a­

pers were laid ·on the Clerk's desk and referred as follows: • By Mr. ATKINSON: P etition of 1, 000 citizens of the Eig hteen.th

Congressional district of Pennsylvania, -praying for a'suspension of immigration for one year-to the Select Committee on Immi­gration and Naturalization.

B_y Mr. BACON: .Res.o.lutionof:the M.E.Churchof Newburg, N. Y. , relating to the closing of the Columbian Exposition on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. BELKNAP: Two protests of citizens of Michig.an, as follows: The protest of ·th~ Central Michigan T.ur.n-Bez~ and of the German Turner Society ol Grand Rapids, each ag ..... i.n5tre­st1·ic.ting· immigr..a.tion-to the Select Committee on Immigration -and Naturalization. ·

Also, resolutions of the South <:ongregational Church of Grand Rapids, Mic.h., on Sanday clos-ing -of the WorldJ.s Fair-to the Select Committee en the -Columbian Exposition.

ADS AND RESOLUTIONS By Mr. BELTZHODVER: Petition of the Epworth League of BIL'LS, M~\1:0RI- ' · the Methodist .Church oi Shi~pensburg, Pa.~ against the open-

Under clause B of Rule XXII, bills .and resolutions -of _ the fol- ing of the Warld's Fair on Sunday-to the Select Committee on lowing titles were introduced and severally reierred as follows: the Columbian Exposition. ·

B__y Mr. HENDERSON of North Carolina: .A bill (H. R.102~5) By .Mr. BERGEN: Petition of Alfred W. Clement and Jere H. tG modify -the ·postal order system-to t'he Committee on Post- ' Nixon., -oi Haddonfield, N. J --1 asking the repeal of the Sherman Offices and Post-Roads. ·act-to the Committee on Coinage, Weights, and Measures. ·

By Mr. BRI-CKNER: A bill (H. R. 10246) ·establishing a fog By Mr. BRECKINRIDGE o-f Kentucky: Resolutions of the signal at K-ewaunee, Wis.-to the Committee on Interstate and Louisville (Ky.) Board of Trade, asking for the stoppage.of -silver _Fnreign -Commerce. bullion 'PUI:chases-to the Committee on Banking and Currency.

· By Mr. BUTLER: A bill (H. R. 10247) to amend an act en- By Mr. BOUTELLE: Thirty-Bile :petitions of the citizens · ai ti:tled "An act to regulate and improve the civil servic.e -0I the the Fourth Congressional district of Maine, as follows: Th-e·--pe­United States"-to the Select Committee on Reform in the Civil · titian -of -31 citizens of Glenburn, of 61 citizens ·of Bridgewater, Service. of "33 citizens of Pembroke, of 30 ·citizens of Newport, -or 39 citi-

By Mr. RICHARDSON: A bill (H. R.1024:8) entitled ".An act zens of Greenville, of 35 citizens •of Bangor, of .23 .citizens of .to amend an act to provide for the incorporation of trust, loan, Bridgew~ter, of 27 citizens of Brewer, of 29 citizens oi Or-ring­mortgage, and certain other corporations within the District of ton, oi citizens of Shirley, -of 44 citizensoiBradfor.d, of-35 citizens Columbia"-to the Committee on the District of Columbia. of Stillwater, of 34 .citizens of Guilford, 'of 30 citizens of Oldtown,

By Mr. HER1'\1ANN: A bill (H. R.l024.9) to amend an act en- of 52 citizens of Houlton, of 27 citizens ofHodgden, of44 citizens titled ''An act to forfeit certain lands heretofore granted for the of Dixmount, of 44 citizens of Oar_y, of 42 citizens oi Charleston, purpose of aiding in the construction of railroad-s, and Ior other of 32 citizens of Hamden, of 25 citizens of Enfield, 'Of 28 citizens purposes "-to the Committee on the Public L!tnds. oi Macwahoe, of 29 citizens of Woodland, of 54 citizens of Cor-

By Mr. STORER: A bill (H. R. 10250) to amend an act entitled inna, qf 33 citizens of Fort Fairfield, of 16 citizens of Plaine, of '' A.n act to regulate commerce"-to the Comm1ttee on Interstate 25 citizens of Charlotte, of 31 citizens .oi New Limeric-k and Din-and Foreign Commerce. nems_, of 25 citizens of Ashland, of 29 citizens of Montague, of 32 .

.By .Mr. KETCHAM {by request): .A joint :resolution (H. Res. citizens of Lirswyma, of 20 citizens of Lagrange, oi 54 citizens 191) to recover the value of the Columbian souvenir coins in oi Spr:in.gfield, oi 22 citizens of Garland, of 32 citizens of Wash­certain contingencies-to the Select Committee on the Colum- burn, and 71 citizens of Blaine, all for a national prohibi:tor__y bian Exposition. .amendment-to the .Committee ()n the Judiciary.

By Mr~ HATCH: A resolution to set apart January 31 and Also, petition of 45 citizens of Orono, Me., in favor -of having February 1 and 2 for the consideration of bills reported by the the World's Fair open on Sunday-to the Select Committee on Committee on Agriculture-to the Committee ,on Rules. the Columbian Exposition.

By Mr. RICHARDSON: A resolution to set apart a day for .Also, petition oi the Woman1sChristian'Temperance Unionof 1the ,consideration of the bill (H . .R. 6880) relative to pay of Gov- the Fourth district of Maine, against Sunday opening-to the ernment employes in Government Printing Office-to the Com- Select Committee on the ·Columbian Exposition. mittee on Rules. By Mr. BRICKNER: Resolutions adopted by the Superior

By Mr. HARE: A resolution setting apart Thursday, January (Wis.) Associated Bank, indorsed by the Superior Chamber of 26, for consideration of measures reported from Committee on Commerce and ·the Superior Manufact urers, Jobbers, and Ship­Immigration and Naturalization-to the Committee on RuJes. pers' Association, asking for the repealoflaw l'equiring the Gov­

ernment to purchase 4,500,000 ounces ol .silver month~y-to the

PRIV AT~ BILLS, ETC. Under clause 1 of Rule XXII, private bills oi the iollowing

titles were presented and referred as indicated below: · By Mr. COCKRAN: A. bill (H. R.10251) granting a copyright

to Varina Jefferson Davis, in her book entitled "Jefferson Davis, ex-President oi the Confederate St-ates. A Memoir by his Wile "-to the Committee on the Judicjary.

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Committee on Banking and Cur.rency. Also, resolutions adopted by the Association for -the Advanc-e­

ment of Milwaukee, asking for the repeal of the present silver law-to the Commi~e on Banking and Currency.

Also, l"esolutions adopted by the Merchants' Association of Mil­waukee, asking for the repeal of law-requiring-the Government to ;purchase 4,500,000 ounces of silver-±.g_th..eCommittee on Bank-ing ~nd Currency. ·

-I 1893. CONGRESSIONAJ:i RECORD-HOUSE. . 719

By Mr. BROSIUS: Petition of the Pegula Presbyterian Church of Lancaster, Pa.., against opening the World's Fair on Sun-day­to the Select Commit tee on the Columbian Exposition.

By Mr. BUSHNELL: Three resolutions of associations, citi­zens of Wisconsin, the first, of the Advancement Association of Milwaukee; the second, of the Associated Banks arrd Bankers of Superior , indorsed by the Chamber of Commerce and the Su­perior Manufacturers, .Jobbers, and Shippers' Association ·of Su­perior; and .the third, the Merchants' Association of Milwaukee, all in favor of the r epeal of the pr esent Sherman silver law-to the Committee on Banking and Currency.

By Mr. CABLE: Four protests of citizens of Illinois, as follows: The protest of citizens of Hamilton, of the Iron-Moulder's Union of Moline, of the Switchmen 's Mutual Aid Association of Rock Island, and of the Tri-City Labor Congress, representing Moline and Rock Island, all for t he opening of the World's Fair on Sun­day-to the Select Committee on the Columbian Exposition.

B y Mr. CAINE: General petition of the citizens of Utah, in­cluding 56 signers, to open the World's Fair on Sunday-to the the Select Committea on the Columbian Exposition.

By Mr. CAMPBELL: Petition of George Oprier, Fred Klein, Daniel Tubner, George Huck, and 27 other citizens of New York City and Newark, N. J., to have the Fair opened on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. CASTLE: Petition of the Presbyterian clergy of the city of Minneapolis, against opening the World'.s Fair on Sun­day-to the Select Committee on the Columbian Exposition.

Also, petition of H. A. Dodd and 25 others, of St. Paul, Minn., to open the World's Fair on Sunday-to the Select Committee on the Columbian Expositi<m.

Also, petition of W. E . .Fagle, E. D. Buffington, C. H. Browne, and 112 others, of Stillwater, Minn., to open the World's Fair on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. CATCHINGS: Three petitions of citizens of Missis­sippi; the petition of 57 citizens of Vicksburg, including E. J. Owens, J. Abraham, L. Judler, a;nd others; of 300 citizens of Friars Point~ of the Mississippi Valley Lodge, No. 18, I. 0. of M., aJJ in favor of having the W-orld's Fair -open on Sunday-to the Select Committee on the ColUlllbian Exposition.

By Mr. COMPTON: Petition of Stewart Burns, administrator of ).furgaretta Burns, deceased, and many others, .asking for an appropriation to pay to the receivers -of certain insurance com­panies the sums which have been awarded to them by the Court of Claims-to the Committee on Appropriations.

By Mr. COVERT: Three memorial.s of .citizens of New York, a.s follows: The memorial of the ironworkers of New York City, of the Draftsmen and Machinists'UniDn, and of the Knights of Industry,each in favor of the New York and New Jersey bridge over the North River-to the Committee on Interstate and For­eign Commerce.

Also, memorial from the trade and labor organization of Jer­sey City, N.J., in favor of the New York and New Jersey bridge over the North River-to the Committee on Interstate and For­eign Commerce.

By Mr. CRISP (by request): Memorial from the Pittsburg, Louisville and New Orleans towboat line, calling attention to the annual report of the Supervising Inspector-General-to the Select Committee on Reform in the Civil Service.

Also, memorial from the North Dakota Transportation Com­pany, calling attention to the annual report of the Supervising Inspector-General-to the Select Committee -on Reform in the Civil Service.

Also, memorialfrom the Cincinnati and Memphis Transporta­tion Company, calling attention to the annual report of the Su­pervising Inspector-General-to the Select Committee on Re­form in the Civil Service.

Also, memorial from the Mississippi Valley Transportation Company, calling attention to the annual report of the Supervis­ing Inspector-General-to the Select Committee on Reform in the Civil Service.

Also, petition of the Federation of Labor of the District of Columbia, praying for an act to suspend immigration for a period of five years-to the Select Committee on Immigration and Naturalization.

Also, petition of the members of the Presbyterian Church of New Orleans, praying that the World's Fair be closed on Sun­day-to the Select Committee on the Columbian Exposition.

By Mr. CROSBY: Two petitions of citizens of Massachusetts; one-of Irving A. Burnap and 34 others of Monterey, and the other of Orville Coats and 53 others of Pittsfield, both against opening the World's Fair on Sunday-to the Select Committee on the Columbian Exposition~

By Mr. CUTTING: Petition of O.A. Shaw, E.F.Hines, C.N. Hitchcock, H. B. Gaston, and 37 others of Oakland, Cal., to open the World's Columbian Exposition on Sunday-to the Select Committee on the Columbian Exposition.

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By Mr. DALZELL~ P"Ctition of the Pittsburg Crushed Steel Company, W. L. Kann & Co., the Novelty Printing Company, the Pittsburg Shoe Company, and many othersJ requesting that the World's Fair be closed on Stmday-to the Select Committee on the Columbian Exposition.

Also, memorial of G. W. Henderson and others, of Pittsburg, Pa., praying that the World's Fair be open on Sunday-to the Select Committee on t he Columbian Exposition.

Also, memorial of the New York State Sabbath Committee against opening the World's Fair on Sunday-to the Select Com­mittee on the Columbian Exposition.

By Mr. DAVIS: Petition of .J. F. Sponseller and others, of Minneapolis, Kans.,askingthatthe World's Fair shall be closed on Sunday-to the Select Committee on the Columbian Exposi-tioo. ·

By Mr. DOLLIVER: Two petitions of citizens of Iowa, as fol­lows: The petition of George B. Frazier, C. H~ Bruning, J. H. Bicke, A. Grunterman and others, of Breda, and of 50 citizens of Jefferson, each praying that the World's Fair be opened on Sun­day-to the Select Committee on the Columbian Exposition.

By Mr. DURBOROW: Two petitions of citizens of Chicago, TIL; one by W. H. Craig, W. G. Carr, Thomas Edgar, A. L. Thompson, W. B. Henley, H. Manheim, W. Barrett, and J. J. Connell~ and the other of Alexander Michael, Christ. Johnson, S. A. Hagan, .J. J. Duncan, Jam"Cs Furlong, and 60 others; both asking that Congress open the gates of the World's Fair on Sun­day-to the Select Committee on the Columbian Exposition.

Also, petition of over 5'0 citizens of the United States to open the World's Fair on Sunday-to the Select Committee on the Columbian Exposition.

By Mr.DUNPHY: TwopetitionsofcitizensofNewYorkCity, as follows: the petition of H. A. Klittke, Gustave Oberlaender, Dr. Rundolf Tomb, A. Frank, R. A. Knorre, C. Or her, H. Starte, R.L. Sc_hawler, and also of over 50 citizens, asking that the World's Fair be opened on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. ELLIS: Petition of .J:ep C.Jonesandl14'0thercitizens of Muhlenberg County, Ky., against the World's Fair being opened on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. ENOCHS: Resolutions of th~ Quarterly Confer-ence of the Methodist Episcopal Church of Marietta, Ohio, held January 16, 1893, petitioning Oongress against the repeal of the law clos­ing the World's Fair on Sunday and against the sale of intoxicat­ing liquors on the premises-to the Select Committee on the Co­lumbian Exposition.

Also, petition of H. M. Dunley and ·Others, praying for tb.e re­striction of immigration-to the Select Committee .on Immigra­tion and Natnl-alization.

By Mr. FITCH: Memorial of the Society of Medical Jurispru­dence, of New York, respecting proposed Federal quarantine leg­islation-to the Select·Committee on Immigration and Natural­ization.

By Mr. FITHIAN: Petition of citizens of Jasper, Ill., asking for investigation as to the methods of millers, elevators, and railroads in oontrolling the price of wheat-to the Committee on Agriculture.

By Mr. GILLESPIE: Petition of James McLane and other citizens of Pennsylvania, :asking that immigration be suspended for one year-to the Select Committee on Immigration and Natu­ralization.

Also, petition of N. 0. Allen and others, againBt "Mafia's " birds of passage-to the Select Committee on Immigration and Naturalization.

By Mr. GEISSENHAINER: P etition of citizens -of the Third Congressional district of New .Jersey, for the passage of a law restricting immigration-to the Select Committee on Immigra-tion and Naturalization. ·

By Mr. GORMAN: Two petitions of citizens of Michigan, one of the Cigar-Makers' Union, No. '314, of Jackson, and of the Brotherhood of Carpenters, of Wyandotte, both for the -repeal of the law closing the Columbian Exposition on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. HALVORSON: Petition of citizens of Duluth, Minn., against the repeal of the Sunday-closing law-to the Select Com· m.ittee on the Columbian Exposition.

Also, petition of residents of the city of Minneapolis, Minn., to open the World's Fair on Sunday-to the Select Committee on the Columbian Exposition. ·

By Mr. HARRIES: Petition of N. E. Gaskill and 30 -other citizens of High Forest, Minn., to open the World's Fafr on Suuday-tothe Select Committee on the Columbian Exposition.

By Mr. HARTER: Fourteen petitions of citizen of Ohio, as follows: The petition from Oberlin, from Shelby, from the Chris­tian Endeavor Society of Lorain County, from the Evangelical As­sociation of North Amherst, from :the First Presbyterian Church

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.' ' ,,

720 CONGRESSIONAL RECORD-HOUSE. JANUARY 19,

of Galion, from the Woman's Christ ian Temperance Union of Savannah, from the Congr egational Church of Norwalk , from the Preachers' Asso'ciation of Galion, from Rev. Mr. Gans and others, from the Young People's Christian Society of Norwalk, from the churches of Hayesville, from four churches in Bellville, from Polk, and from the Presbyterian Church of Savannah, all praying that the World's Fair be closed on Sunday-to the Select Com;mittee on the Columbian Exposition. \

Also, petition of the Presbyterian Church of West Berlin, Delaware County, Ohio, against the sale of intoxicating beverages on the grounds of the World's Fair-to the Select Committee on the Columbian Exposition.

By Mr. HEARD: Resolution adopted by a mass meeting of citizens of Polk County, Mo., protesting against opening the World's Fair on Sunday-to the Select Commlttee on the Co­lumbian Exposition.

By Mr. HAUGEN: Petition of John P. Kraemer, Peter Bull, and 22 other residents oE Bakel:'sville, Wis., asking Congress to open the World's Fair on Sunday-to the Select Committee on the Columbian Exposition. · By Mr. HENDERSON of Illinois: Petition of the Rev. A.M.

Stocking and 76 o ther.:; of the Seventh Congressional district, urging oppo~ition to the e~orts to relax the rule prohibiting t~e opening of the World's Fa1r on Sunday-to the Select Commit-tee on the Columbian Exposition. · .

Also, petition of Claude Backus, H. A. Brown, M. Akeen, and 41 others, of Dixon, Ill., to open the World's Fair on Sunda;r­to the Select Committee on the Columbian Exposition.

By Mr. HENDERSON of Iowa: Two petitions of cit.izens of Iowa, as follows: The petition of Rev. J. J. Hawley and others, of the town of Manchester, and of the Dubuque Lodge, No. 130, International Association of Machinists, each in favor of the opening of the World 's Fair on Sunday-to the Select Commit-tee on the Columbian Expo'3ition. . ·

By Mr. HOPKINS of illinois: Six petitions of citizens of Illi­nois: The petition of Local Union No. 38, Tinners; of Aurora .Typographical Union, No. 291.; of Cigar-Makers' Union No. 71, of Elgin; of Cigar-Makers' Umon No. 41,of Aurora; of Self Help Lodge, No. 80, Brotherhood of Locomotive Firemen, and of the Elgin Watchmakers' Union, No. b50!, A. of L., all for the open­ing of the World's Fair on Sunday-to the Select Committee on the Columbian Exposition.

Mr. HOPKINS of Pennsylvania: Two petitions of citizens of Williamsport,Pa.,asfollows: The petition of the Cigar-Makers' Union No.145, and of the Journeymen Tailors'UnionNo.l96, each asking the repeal of the act closing the World's Fair on Sunday­to the Select Committee on the Columbian Exposition.

Also, petition of 25 citizens of Mountoursville, Pa:, asking the suspension of immigration for one year-to the Sel~ctCommittee on Immigration and Naturalization. ·

Also, petition of 151 citizens of Lycoming County, Pa., praying Con.J'ress to prohibit immigration for one year-to the Select Co~mittee on Immigration and Naturalization. .

By Mr. HOUK of Tennessee: Petition of Martha A. Tucker and others, of Winfield, Ala., heir a of Samuel C. Roberts, de­ceased, for relief-to the Oommittee on War Claims.

Also, petition of William W. Callahan, of Decatur . Morgan County, Ala., administrator of Thomas Gibbs, deceased, for re­lief-to the Committee on War Claims.

Also, p 9tition of Jesse Underwood, of Haleys, Ala., for relief­to the Committee on War Claims.

Also, petition of Hiram Barton, of Cordova, Ala., for relief­to the Committee on War Claims.

Also, pe tition of Andrew J. Ingle, of Double Springs, Ala., for relief-to the Committee on War Claims.

Also, petition of Jane Fly, of Murfreesboro, administratrix of Tipp Fly, deceased, for relief-to the Committee on War Claims.­

Also, petition of Stephen Garrison and others, of Double Springs, Ala., heirs at law of JohnS. Garrison, deceased, for re­lief-to the Committee on War Claims.

By Mr. KETCHAM: Three petitions of citizens of New York, as follows: The petition of Fred A. Hodgson, William H. Cooper, George D. Lane, Joseph A. Dailey, Charles Heller, Andrew Mack, and 30others, of New York City; of H. E. Clark, S. Sulli­van, Mar tin Vogel, John Mohr, Ernst Muck, and 65 other citi­zens of New York City; of the 9fficers and members of the Union of Cigarmakers, No. 74, Cigarmakers' International Union , of Poughkeepsie, N.Y.; each asking for the opening of the Worlds F~ir on Sunday-to the Select Commit tee on the Columbian Ex­position.

By Mr. LAYTON: R esolutions of the board of health of Belle­fontaine , Ohio, in favor of placing the ent ire control of maritime quarantine in the hands of the National Government-to theSe­lect Committee on Immigration and Naturalization.

By Mr. LIND: Four petitions of citizens of Minnesota: the pe­tition of H. P. Marx and mariy others, of Shakopee; of citizens of

New Auburn, of citizens of Le Seuer, and 30 citizens of Madison, all favor ing the opening of the World's E xp osi tion on Sundays­to the Select Committee on the Columbian E xposition.

Also, petition of F. N. M. Laughlin and other s , of Lake Bur­ton, for the r epeal of the act closing the World's :B'air on Sun­day-to the Select Committee on t he Columbian Exposition.

By Mr. LITTLE: P etition of William Radan , J. C. La F etres, Thomas Roberts, James C. Brown, James Scot t , and 45 oth er citizens of New York City, praying that the World's Fair be opened on Sunday-to the Select Committee on the Columbian Exposition.

By Mr. McALEER: Petition ofAmericancitizens, requesting '!TIOre stringent immigration laws-to the Select Committee on Immigration and NaturaJization.

By Mr. MARTIN; Remonstrance of David Overman and 52 other citizens of Grant County, Ind., ministers and members of the Friends Church, against opening the World's Fair on Sun­day-to t he Select Committee on the Columbian Exposition.

Also, two petitions of citizens of Indiana, as follows: The peti­tion of the Machine Woodworkers' Union of Peru, and of the Cigar-Makers' Union of Bluffton, eachasking that the World's Fair be opened on Sunday-to the Select Committee on the Co­lumbian Exposition.

By Mr. MILLER: Petition of 26 citizens of Waupun, Wis., requesting that the World's Fair be opened on Sunday-to the Select Committee on the Columbian Exposition.

Also, the protest of the St. Joseph Benevolent Society oi Apple­ton, Wis., against prohibiting immigration-to the Select Com­mittee onimmigration and Naturalization.

By Mr. MORSE: Petitions of the Taunton Association of Con­gregational Ministers and the Fall River Ministerial Associat ion, asking Congress not to repeal the law closing the World's Fair on Sunday-to the Select Committee on the Columbian Exposi-tion. .

Also, petit..i.on of 360 citizens of Attleboro, Mass., asking !or immediate and radical legislation for the restriction of immi­gration and the absolute exclusion from the country of lunatics, criminals, paupers, anarchists, and nihilists, etc.-to the Select Committee on Immigration and Naturalization.

Also, petition of W. S. Moressey, president Old Colony Na­tional Bank, and 7 other citizens of Plymouth, Mass., asking for the r epeal of the silver-purchase act of 1890-to the Committee on Banking and Currency. .

By Mr. O'DONNELL: Petition of 104 citizens of Barry and Kent Counties, Mich., praying that Caroline McKee. former widow of Millard Farnahan, ofthe new Third Michigan Infantry, may be restored to the pension roll-to the Committee on In­valid Pensions. · By Mr. OHLIGER: Protest of theChristianEndeavorSociety

of West Salem, Ohio, against the repeal of t he Sunday-closing law for the World's Fair-to the Select Committee on the Co­lumbian Exposition.

By Mr. OUTHWAITE: Forty-seven resolutions of boar ds of health of Ohio as follows: Resolution of the board of health of Wadsworth, of Toledo, of Springfield, of Sidney, of South Charleston, of Sabina, of Ravenna, of Pemberville, of PortClin­ton, of Pleasant Hill, of Painesville, of Ober lin, of North Am­herat , of New Lisbon, of New Concord, of Mount Oreb, of Mont­pelier, of Medina, of Millsbu,.y, of Mechanicsburg, of Massillon, of Lebanon, of Arcadia, of Amelia, of Ashtabula, of Ashville, of Berea., of Bedford, of Belle Center, of Bloomingburg, of Bowling Green, of Cambridge, of Centerburg, of Chicago Junction, of De Graff, of East Liverpool, of Fostoria, of Gallipolis, of Green­ville, of Hilliards, of Hilton, of Hudson, of Ada, of Antwerp , of Westerville, of West Salem, and of Washing ton Courthouse; all urging legislation to suspend immigr ation-to the Select Committee on Immigration and Naturalization. .

Also, petition of the Labor and Trades Assembly of Columbus, Ohio, urging the repeal of the law closing the World's Fair on Sunday-to the Select Committee on the Columbian Exposi t ion.

Also, petition of 125 citizens of Columbus, Ohio, urging legis­lation for the restriction of immigration for one year-to the Se­lect Committee on Immigration and Naturaliza t ion.

By Mr. PAGE: Two petitions of citizens of Rhode Island, as follows: The petit ion of Rev. Arthur E. Main and 26 business men of Ashaway, and of John E. Babcock and 136 citizens; each asking that the World's Fair be opened on Sunday-to theSe­lect Committee on t he Columbian Exposition.

By Mr. REED: Twenty-nine petitions of citizens of Maine, as follows : The petition of :!.7 citizens of Capo E lizabeth, of 46 citi­zens of Portland, of 31 citizens of Kit tery, of 45 cit izens of Peak Island, of 32 citizens of North Gorham, ofo25 citizens of Bidde­ford Pool, of 35 citizens of Raymond, of 30 citizens of Kenne­beck, of 39 citizens of Kennebunk Port, of 47 citizens of Ray­mond, of 81 citizens of Newfield , of 29 citizens of Hlllies, of 32 citizens of White Rock, of 19 citizens of North Berwick, of 18

/·

1893. CONGRESSIONAL RECORD-SENATE. 721 citizens of Scarboro, of 25 citizens of New Kennebunk, of 37 citi­zens of Windham, of 70 citizens of Old Orchard, of 28 citizens of Wells, of 28 citizens of Lyman, of 25 citizens of Otis:field, of 38 citizens of Durham, of 26 citizens of Pine Rock, of 36 citizens of Durham, of 70 citizens of New Gloucester, of 27 citizens of Casco, of 25 citizens of North Windham, of 53 citizens of Woodfords, and of 30 citizens of Windham, all asking for the adoption of a resolution submitting to the several States for ratification, an amendment to the Constitution prohibiting the manufa-cture, sale, and importation of any intoxicating liquor for beverage purposes, in any State, Territory, or District-to the Committee on the Judiciary.

By Mr. SIPE: Resolutions unanimously adopted by the con­gregation of the Hebron Presbyterian Church, Allegheny County, Pa., against the repeal of the law closing the World's Fair on Sunday-to the Committee on the Columbian Exposition.

By Mr. CHARLES W. STONE: Petition of 60 citizens of Venango County, Pa., in favor of proper legislation to suspend immigration for one year-to the Select Committee on Immi­gration and Naturalization.

By Mr. WILLIAM A. STONE: Petition of citizens of Penn­sylvania for the prohibition of immigration for one year-to the Select Committee on Immigration and Naturalization.

By Mr. JOSEPH D. TAYLOR~ Petition officially signed by the representatives of 2,000 members of various churches in Wellsville, Columbiana County, Ohio, protesting against the opening of the gates of the World's Fair on Sunday, and pray­ing that the sale of intoxicating liquors on the grounds of the World's Fair be prohibited-to the Select Committee on the Columbian Exposition.

By Mr. TOWNSEND: Petition of citizens of the United States a<Tainst the repeal of the Sherman act of 1890 for the purchase of silver bullion unless an act for the free coinage of silver be substituted in its place-to the Committee on Banking and Cur-rency. ·

Bv Mr. WALKER: Petition of Rev. C. H. Covell and other citizens of Massachusetts, asking for a suspension of immigra­tion for one year-to the Select Committee on Immigration and Naturalization.

By Mr. YOUMANS: Petition of Rev. F.J.Bauman and other citizens of Saginaw County, Mich., against opening the World's Fair on Sunday-to the Select Committee on the Columbian Ex­position.

SENATE. FRIDAY, January 20, 1893.

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

SENATOR FROM DELAWARE. The PRESIDENT p-r·o tempore presented a certificate signed

by the presiding officers of the two h.ouses of the Legislature of Delaware certifying to the election of Hon. GEORGE GRAY as a Senator from that State for the term beginning March 4, 1893; which was read and ordered to be filed. CAPITOL, NORTH 0 STREET AND SOUTH W ASIDNGTON RAIL­

WAY. The PRESIDENT p1·o tempol·e laid before the Senate a com­

munication from the president of the Capitol, North 0 Street and South Washington Railway Company, of the District of Co­lumbia, transmitting a statement showing the operations of that company for its .fiscal year ending April 30, 1892; which was re­ferred to the Committee on the Districtof Columbia, and ordered to be printed.

ROCK CREEK RAILWAY. The PRESIDENT pro tempore laid. before the Senate a report

of, the Rock Creek Rail way Company, of the District of Columbia, showing the names of stockholders and the reaeipts and expend­itures of the company for 1892; which was referred to the Com-

,mittee on the District of Columbia, and ordered to be printed. PETITIONS AND MEMORIALS.

The PRESIDENT pro temp01·e presented a resolution adopted by the National League for Good Roads; which was read andre­ferred to the Committee on Agriculture and Forestry, as follows:

Resolved, That the Convention of the National League for Good Roads, rep­resenting delegates from twenty-five States, requests of Congress that a large number of consular reports on roads in foreign countries, published by the Department o! State, be printed for popular distribution, a.nd that a. copy of this resolution be transmitted to the President of the Senate and Speaker of the House ol Representatives. _

The PRESIDENT pro tempo1·e presented a petition of the Pres­byterian Ministers' Association, of Baltimore, Md., praying for the prohibition of the use of intoxicating_liquors, opium, and fire­arms as articles of trade by American trad~rs on the islands of

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the Western Pacific; which was referred to the Committ.ee on Foreign Relations. ·

He also presented memorials of the Second United Presbyterian Church of Philadelphia, the Princeton Church of Philadelphia, and the Patterson Memorial Presbyterian Church of Philadel­phia, all in the State of Pennsylvania, remonstrating against a repeal of the law closing the World's Columbian Exposition on Sunday; which were referred to the Committee on the Quadro­Centennial (Select).

Mr. VEST. I present resolutions adopted by a convention composed of more than 700 members from Oklahoma Territory, the Indian Territory, and the States of Missouri, Arkansas, Texas, and Kansas, held on the 18th instant at Guthrie, in the Territory of Oklahoma, praying for Congressional action open­ing the Cherokee Strip to settlement, the formation of a State composed of Oklahoma Territory and the Indian Territory, and also favoring the giving of full jurisdiction to t.he United States court in the Indian Territory over all litigation, civil and crimi­nal, in that Territory. I move that the resolutions be referred to the Committee on Indian Affairs.

The motion was agreed to. Mr. VEST presented a petition of District Assembly No.4,

Knights of Labor, of St. Louis, Mo., praying for the passage of legislation establishing a permanent census bureau and a · pe­riodical home and farm inquiry; which was referred to the Committee on the Census. · :

Mr.CULLOMpresented petitions of Local Union No. 80, United Brotherhood of Carpenters and Joiners of America, of Chicago; of Local Union No. 649, Carpenters and Joiners of America, of Jacksonville; of Effingham Lodge, No. 284, Industrial Associa.­tion of Machinists; of Springfield Lodge, No. 157, Independent American Mechanics; of the Tailors' Union, of Quincy; of Quincy Typographical Union, No. 59; of Energetic Lodge, No. 81, Inter­national Association of Machinists, of Bloomington; of Independ­ent Mechanics' Union, No. 237, of Moline; of Local Union No. 568, Carpenters and Joiners', and of the Switchmen's Mutual Aid As­sociation, of Rock Island, all in the State of Illinois, praying for the opening of the World's Columbian Exposition on 8unday; which were referred to the Committee on the Quadro-Centen­nial (Select) .

He also presented petitions of sundry citizens of Coffey County; of sundry citizens of Hardin County, and of sundry citizens of ~,ayetteCounty, all in the State of illinois, praying for the appoint­ment of a Senate committee to investigate the combine formed between millers, railroads, and elevators for the purpose of de­pressing the price of wheat, etc.; which were referred to the

. Committee on Agriculture and Forestry. Mr. WASHBURN presented a petition of over 200 citizens,

chiefly residents of Rochester, Minn., and a petition of citizens of Mankato, Good Thunder, Alexandria, and other places in the ~t~te of Minnesota, praying tb~t the World's Columbian Expo­sitiOn be opened on Sunday; whiCh were referred to the Commit­tee on the Quadro-Centennial (Select).

He also presented petitions of the Board of Trade of Winona; of the Chamber of Commerce of Minneapolis, and of 80 business men of Minneapolis, all in the State of Minnesota praying- for the r epeal of the so-called Sherman silver act of 1890; which were ordered to lie on the table.

He also presented a petition of the Board of Trade of Winona, Minn., praying for the passage of legislation providing for the national control of quarantine; which was ordered to lie on the table.

He also presented petitions pf Albert Hadley and 14 oth~r citi­ze\).s of Box, Butte County, Nebr.; of P. P. Quist and 19 other citi­zens of Sibley County, Minn., and of John F. Gilbert and 36other citizens of Belmont County, Ohio, praying for the passage of the Washburn-Hatch antioption bill; which were ordered to lie on the table.

Mr. WILSON presented petitions of Lodge- No. 314, Interna­tional Associationof Machinists of Waterloo; of the Tin, Sheet­Iron and Cornice Workers' Union, No. 23, of Burlington; of the Cigar-Makers' Union, No. 150, of Sioux City; of Union No. 578, Carpenters and Jojners of America, of Dubuque; of the Tinners' Union, No. 45, of Dubuque; of the Cigar-Makers' Union, No. 88, of Dubuque; of the Sioux City branch of the Journeymen Stone­cutters' Association, and of Lodge No. 130, of the International Association of Machinists, of Dubuque, all in the State of Iowa, praying for the opening of the World 's Columbian Exposition on Sunday; which were referred to the Committee on the Quadro­Centennial (Select).

Mr. PEFFER pre sen ted petitions of Typographical Union, No. 121, of Topeka; of Great Western Lodge, No. 24, ·Brotherhood of Locomotive Firemen; of Lodge No. 24, Independent American Mechanics, of Topeka; of Lodge No. 35, Independent American Mechanics, of Arkansas City; of Lodge No. 50, Switchmen's Mutual Aid Association, all in the State of Kansas, praying for

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