1868 CONGRESSIONAL RECORD-HOUSE. JUNE 9,

.ADAl\IS, its Clerk, announced tba,t the Honse bad concurred in the amendments of the Senate to the bill (H. R. No. 435) to correct the rea-ding of "An act maJdng appropriations for the construction, pres­ervation, and completion of certain works on rivers and harbors, and for other purposes," approved March 4, 1879.

The message also announced that the House had passed the follow­ing bill and joint resolution; in which it requested. the concurrence of the Senate;

A bill (H. R. No. 2002) making additional appropriations for the service of the Post-Office Department for the fiscal years ending J nne 30, 1879, and June 30, 1880, and for other purposes; and

A joint resolution (H. R. No. 66) legalizing the action of the Presi­dent and the Secretary of War in sending rations and tents to the yellow-fever sufferers.

ENROLLED BILL.

The message further. announced that the Speaker of the Honse had signed the enrolled bill (H. R. No. 435) to correct an error in "An act making appropriations for the construction, repair, preservation, and completion of certain works on rivers and harbors, andfor other pur­poses," approved March. 3, 1879.

ADJOUR...~!\'T,

The PRESIDING OFFICER. What is the further pleaaa:re of the Senatet

l\Ir. WALLACE. I move that the Senate adjourn. The motion was agreed to; and (at one o'clock and thirty-two min­

utes p. m.) the Senate adjourned.

HOUSE OF REPRESENTATIVES. MONDAY, June 9, 1879.

Tne Honse met at twelve o'clock m. Prayer by Rev. SAMUEL DoMER,D.D.

The Journal of Saturday last was read and approved. ORDER OF BUSil\"ESS.

The SPEAKER. The morning hour begins at ten minutes past ·twelve o'clock. This being Monday, the first business in order is the call of States and Territories for the introduction of . bills and joint resolutions for reference to appropriate committees, not to be brought back on a motion to reconsider. Under this call joint resolutions and memorials of State and territorial Legislatures are in order. Und.er this call, also, resolutions calling upon the Executive Depart­ments for information will be in order for reference to appropriate committees.

l\Ir. DUNNELL. I ask unanimous consent that the call be ex­tended until all the States and Territories have been $:One through.

Mr. CONGER. I object unless it be confined to bills and joint resolutions.

The SPEAKER. The gentleman cannot qualify his objection. He may make it absolutely or not at all.

Mr. CONGER. The gentleman may ask unanimous consent for the extension of the call qualified in the way I have suggested.

Mr. DUNNELL. I shall not modify my request. Mr. CONGER. It will be remembered that under the call last

Monda~ things were introduced that I ha-d to object to. Mr. TOWNSHEND, of Illinois. · I object to debate. The SPEAKER. The unfinished business of the morning hour,

coniing over from the morning hour of last Monday, is the motion of the gentleman from New York [Mr. Cox) to lay on the table the ap­peal of the gentleman from Michigan [Mr. CONGER] from the decis­ion of the Chair in relation to a resolution'for an amendment to the rules introduced by the gentleman from Illinois, [Mr. SPRINGER.]

Mr. ~ONGER. I ask that the resolution be read. The SPEAKER. The Chair directs to be read the entry in the

Journal. The Clerk read as follows :

.Ju~"E 2, 1879. Mr. SPRIXGER ga>e notice of the following proposed amendment to Rule 51, viz: Resolved, That Rule 51 be amended by adiling thereto the following: "And any pending measure reported but not filsposed of shall be regarded as un­

finished business, and shall be in order after the morning hour of any day when such business would be in order."

Mr. Co 'GER made the point of order that the said notice of amendment to the rules was not in order during the call of States and Territories on Monday for bills on leave.

The SPEAKER sustained the point of order on the !!I'Ound that the rules and prac­tice of the Honse did not provide for notice of amen~ents to the rules during the aid call. Mr. SPRrnGER thereupon moved the refere.nce of the said amendment to the Com­

nrlttee on Rules. Mr. COXGER made. the point of order that the rules did not provide for the refer­

ence of proposed amendments to the rules on the call of States and Territories on Monday for bills on leave.

The SPEAKER overruled the point of order on the ground that under the decision of a. former Speaker, sustained on appeal by the House, the said proposition sub­mitted by Mr. SPRDIGER was in order under said call, said decision being binding on the Chair until reYersed by the House.

Mr. Co~GER appealed from the decision of the Chair. Pending which, Mr. Cox mo>ed that the said appeal do lie o• the table. When Tb~ JI!.Ornin~ l;i.our expired.

The SPEAKER. The question is on laying on the table the appeal from the decision of the Chair by the gentleman from Michigan.

Mr. CONGER. Mr. Speaker, I took that course--Mr. ACKLEN. Debate is not in order. . The SPEAKER. The Chair supposes the gentleman from l\11chigan

wishes to make some statement in reference to his appeal. Mr. CONGER. I made that appeal to give further time for con­

sidering the decision of the Chair. I desired further time to consider it myself. During the time that has since elapsed I have examined the matter, and I think under the new rule if such a resolution once comes before the House in the morning hour it can be referred. Therefore I withdraw my appeal.

The SPEAKER. The appeal is withdrawn. The call commences with the State of Maine.

Mr. SPRINGER. I submit that the call should begin where it left off at the close of the morning hour on Monday last. The call rested with the State of Illinois when the morning hour expired. I was the last member recognized during the morning hour.

'.Mr. CONGER. Subsequently, by unanimous consent, all bills were allowed to be introduced without any objection. Although the call of States was not formally gone through with, yet no objection was made to the introdmition of bills. I think the call should commence again at the beginning.

The SPEAKER. The morning hour expired pending the motion to lay on the table the appeal from the decision of the Chair.

Mr. SPRINGER. No injustice can be done to any one, because the call, commencing at the State of illinois, will stop there when all the States and Territories have been called.

The SPEAKER. The Chair will read from the record of the pro-ceedings of Monday last: ·

The SPEAKER. The morning hour has expired. Mr. CONGER. I will take the coming week to look over the authoritie on this

point.

The call rests with the State of Illinois. NANCY E. KELLEY.

l\Ir~ FORSYTHE introduced a bill (H. R. No. 2181) granting a pen­sion to Nancy E. Kelley~ widow of Thomas F. Kelley, of Company F, Fifty-ninth Regiment Illinois Volunteer Infantry; which was read a first and second time, and referred to the Committee on Invalid Pen­sions.

HENRY G. CONRAD. Mr. FORSYTHE also introduced a bill (H. R. No. 2182) granting a

pension to Henry G. Conrad, Fifty fourth Regiment Illinois Volun­teer Infantry; which was read a first and second time, and refened to the Committee on Invalid Pensions.

RELIEF CF CITIZE...~S OF INDIA..~ TERRITORY.

Mr. GUNTER (by request) introduced a bill (H. R. No. 21 3) for the relief of such citizens of the Indian nations and tribes of the In­dian Territory as lost property and effects on account of the war of the rebellion ; .which was read a first and second time, referred to the Committee on Indian Affairs, and ordered to be printed.

JAMES R. BERl{.Y.

Mr. GUNTER ::i,lso introduced a bill (H. R. No. 21 4) for the relief of James R. Berry, of Arkansas; which was re::i.d a first and second time, .and referred to the Committee of Claims.

PROPERTY OF CHEROKEE CITIZE..~S.

Mr. GUNTER (by request) also introduced a joint resolution (H. R~ No. 86) directing the Secretary of War to ascert::i,L:.. the description and value of the property of the Cherokee citizens included in the pres­ent military reservation and post at Fort Gibson, Indian Te:i;ritory, and to report the same to Congress; which was rea<l a first and econd time, referred to the Committee on Indian Affairs, and ordered to be printed.

SUITS AGAINST CORPORATIONS.

l\Ir. SLEMONS introduced a bill (H. R. No. 2185) to amend the ju­diciary act as to snits against certain corporations; which was read1

a first and second time, referred to the Committee on the Judiciary,_ and ordered to be printed .

EQUALIZATION OF BODNTIES.

Mr. BURROWS presented joint resolution of the State Legislature­of Michigan, asking Congress to enact a law equalizing the bounty of all soldiers who served in the United States Army during the war of the rebellion and received an honorable discharge; which was re­ferred to the Committee on Military Affairs.

BRIDGE OVER DETROIT RIVER.

l\Ir. NEWBERRY introduced a joint resolution (H. R. No. "i) re­lating to a bridge across the Detroit River at or near Detroit, Michi­gan; which was read a first and second time, referred to the Commit­tee on Commerce, and ordered to be printed.

PROTECTION OF THE RIO GRA.J.~E FRONTIER.

Mr. UPSON introduced bill (H. R. No. 2186) making appropriations for the erection of suitable posts for the protection of the Rio Grande frontier; w bich was read a first and second time, referred to the Com­mittee on Military Affairs, and ordered to be printed.

POST-OFFICE AND COURT-H01JSE AT SA.J..~ AJ..""!0~"'101 TEXAS.

Mr. UPSON also introdnced a bill (H. R. No. 2187) to provide for . .

1879. CONGRESSIONAL RECORD-HOUSE. 1869 the purchase of a site and the construction of a suitable building for 2-201) for the relief of the legal representatives of Daniel Redinger, a court-house and post-office in the city of San Antonio, Texas; which deceased; which was read a first and second time, and referred to the · was read a first and second time, referred to the Committee on Public Committee on Revolutionary Pensions. Buildings and Grounds, and ordered t-0 be printed. ELIZABETH HAMILTON.

THOMAS KEARNEY. Mr. MARTIN, of West Virginia, also introduced a bill (H. R. No. Mr. UPSON also introduced a bill (H. R. No. 2188) for the relief of 2202) for the relief of Elizabeth Hamilton, widow of John R. Ham­

Thomas Kearney, collector of customs for the district of Corpus ilton,.deceased; which was read a first and second time, and referred . Christi; which was read a first and second time, and referred to the to the Committee of Claims. Committee of Ways and Means. WAGON-ROAD IN ARIZONA.

ALEX. ROSSY. Mr. CAMPBELL introduced a bill (H. R. No. 2203) to provide for '.Mr. UPSON also introduced a bill (H. R. No. 2189) for the relief of the construction of a wagon-road across Mogollon Mountain, in the

Alex. Rossy ; which was read a first and second time, and referred to Territory of Arizona; which was read a first and second time, re-the Committee on War Claims. ferred to the Committee on Military Affairs, and ordered to be printed.

LIENS OF JUDGMENTS OF UNITED STATES COURTS. J. H. M 7KNIGHT.

Mr. SAPP introduced a bill CW:. R.. No. 2190) in relation to liens of Mr. MAGINNIS introduced a bill (H. R. No. 2204) for the relief of judgments of United States courts; which was read a first and sec- John H. McKnight, postmaster at Fort Shaw, Montana; which was ond time, referred to the Committee on the Jndiciary, and ordered to read a first and second time, and referred to the Committee on the be printed. Post-Office and Post-Roads.

NOAH WING.

Mr. POUND introduced a bill (H. R. No. 2191) granting a pension to Noah Wing, of Rozell ville, Marathon County, Wisconsin; which was read a first and second time, and referred to the Committee on Invalid Pensions.

N. J. LOWTHIA.J.~. Mr. DUNNELL introduced a bill (H. R. No. 2192) granting a pen­

sion to N. J. Lowthian ; which was read a first and second time, and referred to the Committee on Invalid Pep.sions. ·

JOHN KA.ULA.

CHINESE IMMIGRATION.

Mr. MAGINNIS also presented a memorial of the Legislature of Montana, praying for restrictions on Chinese immigration; which was referred to the Committee on Education and Labor.

MILITARY POST, MONT.A.l.~A.

Mr. MAGINNIS also presented a memorial of the Legislature o.f Montana, praying for the establishment of a military post on the southern frontier of that Territory; which was referred to the Com­mittee on Military Aflairs.

Mr. POEHLER introduced a bill (H. R. No. 2193) for the relj.ef of MULLAN ROAD, MONTANA. John Kaula; which was read a first and second time, and referred Mr. MAGINNIS also presented a memorial of the Legislature of to the Committee of Claims. Montana, in relation to the improvement and repair of the Mullan

MRS. ALl\IIRA B. KATER. Road; which was ref~rred to the Committee on Military Affairs.

Mr. WASHBURN introduced a bill (H. R. No. 2194) granting a pen- U.N1TED STATES PENITENTIARY, MONTANA. sion to Mrs. Almira R Kater, of Greenleaf, Meeker County, Minne- Mr. MAGINNIS also presented a memoriihl. of the Legislature of sota; which was read a first and second time, and referred to the Montana, in relation to the enlargement of the United States peni­.Committee on Invalid Pensions. tentiary in Montana; which was referred to the Committee on Ter­

FORFEITURE OF LAND GRANT.

Mr. WHITEAKER introduced a bill (H. R. No. 2195) to declare for­!feited certain lands granted to aid in the construction of a railroad and telegraph line from Portland to Astoria and McMinnville, in the ·state of Oreg<,m; which was read a first and second time, referred to the Committee on Public Lauds, and ordered to be printed.

BRANCH ?rIINT AT TOPEKA, KANSAS.

}.Ir. RYAN, of Kansas, introduced a bill (H. R. No. 2196) to establish .a branch mint of the United States at Topeka, Kansas; which was read a first and second time, referred to the .Committee of Ways and 1\Ieans, and ordered to be printed.

ritories. MILITARY TELEGRAPH.

Mr. MAGINNIS also presented a memorial of the Legislature of Montana, in relation to _a military telegraph; which wa-s referred to the Committee on Military Affairs.

YELLOWSTONE AND UPPER MISSOURI RIVERS.

Mr. MAGINNIS also presented a memorial of the Legislature of Montana, for additional improvements on the Yellowstone and Upper Missouri Rivers; which was referred tothe Committee on Commerce .

A. P. BURDI'IT AND JA.1\IES FISK.

Mr. CLAFLIN introduced a bill (H. R. No. 2205) for the relief of JOHN K. CONNER. A. P. Burditt and James Fisk; which was read a. first and second

Mr. RYAN, of Kansas, also, introduced a bill (H. R. No. 2197) grant- time, and referred to the Committee on Military Affairs. rng a pension to John K. Conner; which was read a first and second time, and referr~d to the Committee on Invalid Pensions.

TRUST FUNDS IN T~ASURY DEPARTMENT.

Mr. WILSON. I offer the resolution which I send to the Clerk's .(lesk for reference to the Committee on Banking aml Currency.

The resolution was read and referred to the Committee on Banking .and Currency, as follows:

&solved by the House of Representatives, That the honorable· Secretary of the Treasury be, and he is hereby, req.uested to fur.:rish to this House, at as early a. .day as practicable, a specifi.ed enumeration of the different trust funds in charge of himself, a~ Secretary, and of the Treasury Department, or any officer thereof, stating the origi.nal.amount-0f ea.ch fund, when and on what account it was depos· ited, and how from time to time it was invested, together with the amount of interest earned or .added, and such details not herein mentioned as will contribute to an understanding of the past and present conditions of said funds.

l\lr. WILSON. I desire to ask whether, under the new rule to which the Speaker referred, the committee would not be required to ;report the resolution in one week 7

The SPEAKER. The rule does so require it, and the Committee on Banking and Currency has the right to report at any time.

DONATION OF COJ\"'DEMJ\"'ED C.A.l.~NON.

Mr. KE~"'NA (by request) introduced a bill (H. R. No. 2198) to do­nate condemned cannon to John Ennis Post, Grand Army of the Republic; which was read a first and second time, and referred to the Committee -on Military Affairs.

MAILS BETWEEN THE Ul\"'ITED STATES AND GERMANY.

Mr. COX submitted the following resolution; which was read, and referred to the Committee on Foreign Affairs :

&solved, That the President be respectfully requested to communicate to this Honse any correspondence by any of the Department.a of our G<>vernment with the German government as t<> any alleged tampering with the mails between the two countries. ·

REGISTERS IN BANKRUPT<µ".

Mr. LAPHAM introduced a bill (H. R. No. 2206) to consolidate the offices of registers in bankruptcy in certain cities; which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed.

G.Jr.ORGE L. A.IKE.NS.

Mr. S.!\UTH, of New Jersey, introduced a bill (H.R. No. 22(}7) grant­ing a pension to George L. Aikens, late of Company I, Fourth New Jersey Volunteers; which was read a 1irst and second time, and re­ferred to the Committee on Invalid Pensions.

SCHOO~"TER J, H. DUSENBERRY.

Mr. SMITH, of New Jersey, also introduced a bill (H. R. No. 2208) to change the name of the schooner J. H. Dusenberry; which was read a first and second time, and referred to the Committee on Com­merce.

LOUISA HOWARD POWERS.

Mr. VOORHIS introduced a bill (H. R. No. 2-209) for the relief of A. H. HERR. Louisa Howard Powers; which wa-a read a first and second time, and

Mr. MARTIN, of West Virginia, introduced a bill (H. R. No. 2199) referred to the Committee of Claims. for the relief of A.H. Herr; which was read a first and second time, LOUIS CHRISTOPHER TIEDEMANN. and ref-erred to the Committee on War Claims.

Mr. VOORHIS also introduced a bill (H. R. No. 2210) granting a BENJAMIN MOORE. pension to Louis Christopher Tiedemann; which was read a first and

Mr. MAR'rIN, of West Virginia, also introduced a bill (H. R. No. second time, and referred to the Committee on Invalid Pensions. 2200) for the relief of the surviving children of Benjamin Moore, late BRIDGET LEAFFY. of Harper's Ferry, West Virginia; which was read a first and Secund time, and referred to the Committee of Claims. Mr. VOORHIS also introduced a bill (H. R. No. 2'211) granting a

pension to Bridget Leaffy, widow of Lawrence W. Leaffy; which was DANIEL BEDINGER. read a first and second time, and referred to the Committee on Invalid

Mr. MARTIN, of West Virginia, also introduced a bill (H. R. No. Pensions. ·

1870 CONGRESSIONAL RECORD-HOUSE. JUNE· 9· ,.

VALERIA. M. PE:NROS.E.

:Mr~ BELTZHOOVER introduced a bill (H. R. No. 2212) granting a pension to Valeria. M. Penrose, widow of William .M. Penrose, late lieutenant-colonel Sixth Regiment of Infantry, Pennsylvania Reserve Corps; which was read a first and second time, and referred to the Committee on Invalid Pensions.

issue of United States notes and to provide for the redemption of cer· tain United States bonds, and for other purposes; which was read a :first and second time, referred to the Committee on Banking and Cur­rency, and ordered to be printed.

R. J. TURNBULL.

Mr. SINGLETON, of Mississippi, introduced a. bill (R.R. No. 22-28) JOHX GOTSHALL. for the relief of R. J. Turnbull, of Mississippi; which was read a

Mr. BELTZHOOVER also introduced a bill (H. R. No. 2213) for the first and second time, and referred to the Committee of Claims. relief of John Gotshall; which was read a first and second time, and CALC.ABIEU LOG SEIZURES.

referred to the Committee on Military Affairs. Mr . .ACKLEN submitted the following resolution ; which, under PAY OF LABORERS L~ HO-CSE FOLDING-ROOM. the new rule, was referred to the Committee on the Judiciary:

Mr. WRIGHT introduced a joint resolution (H. R. No. 88) allowing Resolved, That the Secretary of the Interior be, and he is hereby, requested t<> extra campensation to the la.borers in the House folding-room for have a copy of the report made and testimony taken by Special Agents Adams and

t k h . h d fir t d d t' f d t th Hale.in their investigations of the Calcasieu log seizures in Louisiana prepared ex ra wor ; w IC was rea a s an secon ime, re erre 0 e ti3.?cadbrleeadtiymfeo.r the. inspection of the Committee on theJudiciaryattheea.rliestprac­Committee of .Accounts, and ordered to be printed.

HARRY E. WILLI.A.MS. JOHN TRACEY.

Mr. W .A.RD introduced a bill (H. R. No. 2214) granting a pension to . l\Ir. LE FEVRE introdu_ced a bill (H. R. No. 2-229) granting a pen­Harry E. Williams, late hospital steward One hundred and thirty- s10n to John Tracey; which was read a :first and second time, and sixth Regiment Pennsylvania Volunteers; which was read a first referred to the Committee on Invalid Pensions. and second time, and referred to the Committee on In valid Pensions. HE~Y BECKJ\IA.N.

JOHN RODGERS. ¥r. BUTTERWORTH intro~uced a bill (H. R. No. 2230) for the-1\fr. COFFROTH introduced a bill (H. R. No. 2215) to remove the relief of Henry Beckman; which was read a first and second time

charge of desertion from the military record of John Rodgers; which and referred to the Committee on Military Affairs. ' was read a firnt and second time, and referred to the Committee on ALEXANDER SWIFT & co. Military .Affairs. Mr. ~UTTERWORTH a~o introduced a bill (H. R. No. 2231) for

FERDINA..."'ID DUCHA...~OIS. the relief of .Alexander Swift & Co., partners, and .Alexander Swift Mr. FISHER(for Mr.DICK)introdaced a bill (H. R. No. 2216) grant- & Co. and the Niles Works; which was read a first and second time

ing a pension to Ferdina.ndDucbanois, Guy's 1\Iills, Crawford County, and referred to the Committee on the Judiciary. ' Pennsylvania; which was read a first and second time, and referred JOHN M. DANIEL. to the Committee on Invalid Pensions.

HALEN.A. HERMA.NS.

:Mr. MITCHELL introduced a bill (H. R. No. 2-217) for the relief of Halena Hermans, of Shunk, Sullivan Coanty, Pennsylvania; which was read a :first and second time, and referred to the Committee on Military Affairs.

T. B. HUTCIDSOX.

:Mr. KLOTZ introduced a bill (H. R. No. 2218) granting a pension to T. B. Hutchison, guardian of Mary S. Shurlock; which was read a first and secpnd time, and referred to the Committee on Invalid Pensions.

CHARLES COLLINS.

l\Ir. HENRY intrt>duced a bill (H. R. No. 2219) for the relief of Charles Collins; which was read a .ti.rst and second time, and referred to the Committee of Claims.

REVENUE ST.A.MPS FOR CIGARS.

:Mr. HENKLE (by request) introduced a bill (H. R. No. 2220) to amend the laws relating to internal-revenue stamps for cigars; which was read a :first and second time, referred to the Committee of Ways and Means, and ordered to be printed.

FRANKLIN D. PEARSON.

l\fr. TALBOTT introduced a bill (H. R. No. 2221) for the relief of Franklin D. Pearson; which was read a :first and second time, and referred to the Committee on War Claims.

EBE.L~ EVELETH.

Mr. TILLMAN introduced a bill (H. R. No. 2";;?22) for the relief of Eben Eveleth; which was read a first and second time, and referred to the Committee of (Haims.

.A.MENDl\IBNT OF REVISED STATUTES.

Mr. PERSONS introduced a bill (H. R. No. 2223) to change section 5211 of the Revised Statutes; which was read a first and second time, referred to the Committee on the.Judiciary, and ordered to be printed.

D. K. LOVE.

:Mr. PERSONS also introduced a bill (H. R. No. 2-224) for the relief of D. K. Love; which was read a first and second time, and referred to the Committee of Claims.

JOHN J. MA.NNERLYN.

. Mr. PHIST~R (by request of h~s colle~gue, Mr. THOM.AB Turunrn) mtroduced a bill (H. R. No. 2232) mcreasmg the amount of pension of John M. Daniel, of Lee County, Kentucky; which was read a :first and second time, and referred to the Committee on Invalid Pensions.

MAIL CONTRACTORS.

Mr. THOMPSON introduced a joint resolution (H. R. No. 90) to apply the amount appropriated by the a-0t of Congress approved March 3, 1877, to pay .certain mail contractors; which was read a ti.rst and second time, referred to the Committee on .Appropriations, and ordered to be prjnted.

CO:NTR.A.CTS IN VIOLATION OF LA. W.

Mr. WHITTHORNE introduced a bill (H. R. No. 2233) to provide that all parties making contracts or agreements in violation of law, whereby money may be drawn from the Treasury of the United States, shall be guilty of a misdemeanor, &c.; which was read a :first and sec­ond time, referred to the Committee on the Judiciary, and ordered to be printed.

1\IBS. GORDOX.

:Mr. WHITTHORNE also introduced a bill (H. R. No. 2-234) grant­ing a pension to Mrs. Gordon, widow of Powhattan Gord@n, of Ten­nessee; which was read a first and second time, and referrei to the Committee on Invalid Pensions.

MARYVILLE COLLEGE.

Mr. HOUK introduced a bill (H. R. No. 2235) for the relief of the · trustees of Maryville College, Tennessee; which was read a :first and second time, referred to the Committee on War Claims, and ordered to be printed.

JAMES N. M1K.A.MEY.

Mr. HOUK also introduced a bill (H. R. No. 2236) for the relief of James N. McKamey, of .Anderson County, Tennessee; which was read a fust and second time, and referred to the Committee on Military .Affairs.

NATIONAL BO.A.RD OF HEALTH.

lli. YOUNG, of Tennessee, introduced a bill (H. R. No. 2237) to provide office room for the National Board of Health, for the .publica­tion of its reports and papers, and for other purposes; which was read a first and second time, referred to the Committee on Epidemic Diseases, and ordered to be printed.

Mr. NICHOLLS introduced a bill (H. R. No. 2225) for the relief of JOSEPH A. HAMBLIN. John J. Mannerlyn, of the State of Georgia; which was· read a first Mr. TAYLOR introduced a bill (H. R.No. 2238) granting a pension and second time, and referred to the Committee of Claims. to Joseph .A. Hamblin; which was read a first and second tirue, and

referred to tke Committee on Invalid Pensions. JOSEPH BAUMER.

l\Ir. HERBERT introduced a joint resolution (H. R. No. 89) for the THOM.AB D. DAVIS. relief of J .oseph Baumer; which was read a first and second time, and Mr. TAYLOR also introduced a bill (H. R. No. 29....39) granting a pen-referred to the Committee of Claims. sion to Thomas D. Davis; which was read a first and second time, and

referred to the Committee on Invalid Pensions. DISTRIBUTION OF FEDERAL P.A.TRO:NAGE.

Mr. SAMFORD introduced a bill (H. R. No. 2226) to provide an equal distribution of Federal Government patronage to the several States and congressional districts; which was read a :first and second time, referred to the Committee on the Judiciary, and ordered to be printed.

REDEMPTION OF UNITED ST.A.TES BONDS.

Mr. :MANNING introduced a bill (H. R. No. 22-27) to authorize the

CHANGE IN THE l'LAN OF THE HOUSE.

Mr . .ATKINS introduced a joint resolution (H. R. No. 91) author­izing a change in the plan of the House; which was read a :first and second time, referred to the Committee on Ventilation, and ordered to be .printed.

RICHARD M. RUCKER.

Mr. HOSTETLER introduced a bill (H. R. No. 2240) for the 11elief

1879. CONGRESSIONAL RECORD-HOUSE. 1871 of Richard M. Rucker; which was read a first and second time, and referred to the Committee on Invalid Pensions.

JOHN FLETCHER. -. Mr. COBB introduced a bill (H. R. No. 2241) for the relief of John

Fletcher; which was read a first and second time, and referred to the Committee of Claims.

WILLIAM C. FINE. Mr. COBB also introduced a bill (H. R. No. 2242) for the relief of

William C. Fine, of Greene County, Indiana; which was read a first and second time, and referred to the Committee on Invalid Pensions.

ORDER OF BUSINESS. The SPEAKER. The call of States and Territories has been com­

pleted. The Chair will now recognize gentlemen who were not in their seats when their States were called.

LINDSAY MURDOCH. Mr. DA. VIS, of Missouri, introduced a bill (H. R. No. 2243) for the

relief of Lindsay Murdoch, late collector of the second district of Missouri; which was read a first and second time, and referred to the Committee of Claims.

JOSEPH BALL.

Mr. KLOTZ introduced a bill (H. R. No. 2244) granting a pension to Joseph Ball, father of Lewis Ball, deceased; which was read a first and second time, and referred to the Committee on Invalid Pen­sions.

BOUNTY TO MISSOURI VOL~TEERS. Mr. SA WYER presented a joint concurrent resolution of the Leg­

islature of Missouri, urging tha passage by Congress of an act to al­low the Fifteenth and Sixteenth Regiments of Missouri Volunteers a bounty ; which was referred to the Committee on Military Affairs.

l\IAIL CONTRACTS. :Mr. GILLETTE introduced a bill (H. R. No. 2245) to regulate the

letting of mail contracts; which was read a first and second time, referred to the Committee on the Post-Office and Post-Roa-ds, and ordered to be printed.

HARLOW J. PHELPS~ Mr. WELLS introduced a bill (H. R. No. 2246) for the relief of

Harlow J. Phelps; which was read a first and second time, and re­ferred to the Committee of Claims.

WILLIAM BARNHARD. Mr. DUNNELL introduced a bill (H. R. No. 2247) granting a pen­

sion to William Barnhard; which was read a first and second time, and referred t0 the Committee on Invalid Pensions.

WALTER R. BUTT. Mr. GOODE introduced a bill (H. R No. 224 ) to remove the polit­

ical disabilities of Walter R. Butt, of California; which was read a first and second time, and referred to the Committee on the Judi-ciary.

SOLDIERS' MO:NUl\IENT, CHARLES CITY, IOWA. Mr. DEERING introduced a joint resolution (H. R. No. 9-2) authoriz­

ing the Secretary of War to deliver to the city of Charles City, Floyd County, Iowa, four cannon and carriages for the soldiers' monument in said city; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.

ORDER OF DUSINESS. The SPEAKER. The Honse will now proceed to the consideration

of business under the next branch of the rule applying to the morn­ing hour of Monday.

Mr. ACKLEN. I think the reaular order is the unfinished business, being the resolution which I offered for the appointment of a select committee in relation to claims against the government of Nicaragua.

Mr. REAGAN. I move to suspend the rules. The SPEAKER. Motions to suspend the rules are not yet in order.

The resolution offered by the gentleman from Louisiana [.Mr. ACK­LEN] will be read.

CLAIMS AGAL"'\'ST NICARAGUA. The Clerk read as follows: Resolved, That a select committee of five members of this House be appointed

by the Speaker which committee shall hM·e power to sit durinu the recess, to in­quire into all c'la:ims of citizens of the United States against f.he government of Nicaragua for indemnity for lives of relatives taken, wouni:ls and other personal inj u­ries inflicted, and property taken, injured, or destroyed, which claims have hereto­fore been filed in the Department of State and now remain pending and unsatisfied. and said committee shall ascertain and determine what amounts and to what per: sons the government of Nicaragua is liable to make compensation on account thereof, and report the same, with the evidence in reference thereto, to Cou!ITess at its next session; and said committee shall gh-e such public notice as it"' may deem n ecessary of the times and places when and where it will sit to hear said claims and testimony in support of the same, and shall have power to send for per­sons and papers, and admiruster oaths. It shall also obtain and use all proofs rela­tive thereto on file in the Department of St.ate, and such other evidence as any party in interest may produce and offer that it may deem pertinent thereto. It sh:i.U have power to employ a clerk and a stenographer, and the necessary e:xopenses of said committee shall be paid out of t.he contingent fund of the House on the >onchers of the chairman of said committee.

Mr. ACKLEN. I desire simply to say--Mr. CONGER. I wish to know hew this comes in. The SPEAKER. As unfinished business coming over from the

morning hour of a former day, when such class of business as this. was in order to be offered.

Mr. ACKLEN. I desire to say that this has been recommended by the Secretary of State, has passed the Senate, and been favorably re­ported by a sub-committee of the Committee on Foreign A.ifairs of the Honse. I demand the previous question.

Mr. CONGER. I do not see how this can come in during this. morning hour.

The SPEAKER. The Chair will cause the record to be examined. The Chair was advised by the journal clerk that this came up as. unfinished business. [After a pause.] The Ch~r is advised that the resolution was offered, under Rule 52, on April 23, which was a Wednesday. The Clerk will read the rule.

The Clerk read as follows : 52. Reports from committees having been presented and disposed of, the Speaker ·

shall call for resolutions from the members of ea.-0h State and Delegate from each Territory, be!tlnning with Maine and the Territory last organized, alternately; and they shall'. not be debated on the very day of their being presented, nor on any day assigned by the House for the receipt of resolutions, unless where the Honse shall direct otherwise, but shall lie on the table, to be t.aken up in the order in which they were presented; and if on any day the whole of the States and Terri­tories shall .ilOt be called, the Speaker shall begin on the next day where he left off · the previous day: P.rovi,ded,, That no member shall offer more than one resolution, or one series of resolutions, all relating t.o the same subject, until all the States and Territories shall have been called.-January 14, 1829.

Mr. CONGER. It could not certainly come in until the remaining business of the morning hour had been disposed of, and the regular order would be to proceed with the call.

The SPEAKER. The Chair will cause to be read the rule under which the business of the morning hour of Mondays is conducted.

The Clerk read Rule 130, as follows: All the States and Territories shall be called for bills on leave and resolutions .

every Monday during each session of Congress ; and, if necessary to ser.ure the object on said days, all resolutions which shall give rise to debate shall lie over · for discussion, under the rules of the House already established; and the whole of said days shall be appropriated to bills on leave and resolutions, until all the St.ates and Territories are called through. .A.nd the Speaker shall first call the States and Territories for bills on leave ; and all bills so introduced during the first hour after the Journal is read shall be referred, without debate, to their appropri­ate committees: Promded, however, That a bill so introduced and referred, and all bills at any time introduced by unanimous consent and referred, shall not be brought back into the Honse upon a motion to reconsider. .A.nd on said call joint resolutions of State and territorial Legislatures for printing and reference may be · introduced.

The SPEAKER. There seem to be two opportunities presented under two different rules for the introduction of resolutions; one is under Rule 52, which is after the exhausting of the call of the com­mittees for reports during the usual morning hour, and the other is~ on Monday, under Rule 130, after the call of States for bills, &c., for reference has been complied with and completed.

The question arises naturally in the mind of the gentleman from Michigan [Mr. CO:N"GER] whether these two rules merge in their oper- ­ation after introduction of business under their provisions;. whether, in fact, business reported under either call and unfinished would have a right to be considered as unfinished business not disposecl of, where·· the operation of either rule for like business is reached on a subse­quent day t It is a very nice point of order. This resolution was-. read and brought up on a Wednesday nnde1· Rule 52, and the Rame condition is now reached under Rule 130 for to-day.

The question is, whether the two rules are merged and· the unfin­ished business of either can be considered as coming up under the . operation of the opposite rule.

Mr. CONGER. I make the point of order that the morning hour has expired.

The SPEAKER. The gentleman from Michigan [Mr. CONGER] now · makes the point of order that the morning hour has expired, and· the Chair sustains the point of order and will reserve his deoision on the , first point of order until such time as the question may again .occur 1n the order of business in the Honse.

AMERICA...~ EPHE~IERIS A.i.~D NAUTICAL .ALMANAC. Mr. GARFIELD, by unanimous consent, introduced a joint resolu- ­

tion (H. R. No. 93) for the printing of the American Ephemeris and , Nautical Almanac; which was read a first and second time, and re­ferred to the Committee on Printing.

P~Y OF CONGRESSIONAL EMPLOYES. Mr. TOWNSHEND, of Illinois, by unanimous consent, submitted .

the following resolution; which was read, and referred to the Com­mittee on Appropriations:

Whereas an inequality exists in the salaries of certain employee of the House . of Representatives and those of the Senate occupying corresponding pos"tions, which, in view of the excess of labor performed by the employes of the Houso over that of the Senate employes, is unjust and should not exist; and in order to remove , this unjust discrimination in favor of the employes of the Senate and to equalize the salaries of the House employes with those of the Senat;e: TherMore,

llesoived, That the Committee on Appropriations of the House be, and are kereby, authorized and instructed to equalize the salaries of the officers and employes of both Houses of Congress, so that the officers and employes of the Senate and House , shall draw like salaries for corresponding service.

Mr. ACKLEN, by unanimous consent, submitted the following reso­lution; which was referred to the Committee on the Pacific Railroad:

R esolved, That the Committee on the Pacific Raih·oa.d of this House be, and they are hereby, instructed to make full inquir~ as to whether the Union Pacific Rail­roacl Company bas not ' 'iolated its charter m making investments contrary t.o the . provisions thereof, and as to whether the managers thereof have not purchased. a . certain note of $2,000,000, given to the Credit Mobilier for a so-called construction _

1872 CONGRESSIONAL RECORD-HOU~E. JUNE 9,.

. a-0count; and as to whether they illl•o not lik.ewise invested much of their funds

.in the purcilllse of stocks and bonds, or other evidences of debts of other railroads·

.and further, as to whether two certain contracta between said Union Pacific Rail~ road and the Kansas Pacific Railroad, made on or about the 23d of April, 1875, were not in contravention of the acts under which both of said roads were chartered, and of the special laws under which they are conducted; and that this committee ·have power to send for persons and papers.

HAMPTON l\I1CROBIE. Mr. URNER, by unanimous consent, introduced a bill (H. R. No.

2249) granting a pension to Hampton McCrobie; which was read a ;fi:rst and second t~e, and referred to the CQ.µnnittee on Invalid Pen­.s1ons.

DA..i.,IEL S. LOY.

Mr. URNER also introduced a bill (H. R. No. 2250) for the relief of .Daniel S. Loy; which was read a first and second time, and referred to the Committee on Naval Affairs.

HOT SPRINGS RESERVATION. Mr. YOUNG, of Tennessee. I offer the resolution which I send to

the desk, at the request of seven hundred citizens of the town of Hot Springs, Arkansas, whose petition asking for its adoption accom­panies the resolution. I have no interest in the matter myself, but .simply submit the resolution at the request of these petitioners. I .ask that it be referred to the Committee on Rules.

There being no objection, the resolution was read as follows, and 1'eferred to the Committee on Rules :

H,esolved, That the Speaker of the House be authorized and requested to appoint .a select committee of five members to proceed to the town of Hot Springs, in the State of Arkansas, and there investigate the operation of existing laws as they . affect the rights and interests of the settlers on the Hot Springs reservation and report to Congress at its next session what, if any, additional le~lation is neces­sary to protect the rights of the Government and to do equal justice to all settlers;

, and said committee shall have leave to sit in vacation, shall be allowed a clerk and . stenographer, and shall have power to administer oaths and fo send for persons and papers. The sum of $5,000 is hereby appropriated out of the contingent fund of

. the House to pay the expenses incurred in making said investigation.

PUBLIC BUILDINGS. Mr. MURCH. I am instructed by the Committee on Public Build­

ings and Grounds to submit the resolution which I send to the clerk's desk, and move a suspension of the rules upon its passage.

The Clerk read as follows: Resolved, That the Committee on Public Builclings and Grounds be, and are

hereby, authorized and directed to in~uire into all matters pertaining to the prep-. amtion and furnishing of all material for the construction of public buildings and the manner of constructina the public buildings of the United States under the different systems adopted by the Go•ernment of the United States, and to report to this House by bill or othenvise what legislation is necessary t-0 secure good ma­terial and good and suitable work at fair and reasonable compensation to the me­ehanics and workmen employed on public works; and said committee are further instructed to inquire into .all expenses pertaining to the erection of the public buildings of the United States, and to make all such further inquiries as they may

. deem proper. And said committee are authorized to send for persons and papers and to administer oaths. And said committee a.re further authorized to employ a

. stenographer at a fair compensation. And said committee are authorized to ap­point a sub-committee of Us own members for the purpose of pursuing these inves­tigations, said committee wlien appointed to h.ave all ~he powers conferred by this resolution. And said committee or its sub-committee may make their investiga­tions either at the city of Washington or at any of the cities or other places where

, pu bile buildings are being erected or material prepared, as they may deem proper ; · and said commit:tee or its sub-committee may sit during the session& or recesses . of Congress ; and the expenses .attending the carrying out of these investigations shall be paid out of the contingent fund of t.he House of Representatives, not to -exc~ $5,000; and the Clerk of the House of Representatives is hereby authorized and Clirected to pay the same.

Mr. CONGER. I make the point of order on that resolution that it should receive its first consideration in Committee of the Whole.

The SPEAKER. Tlw pending motion is to suspend all the rules .for the purpose of adopting the resolution ; a.nd if that motion shall . prevail it will suspend the rule requiring a proposition of this kind .to go to the Committee of the Whole. · · 1

•

Mr. CONGER. Is this resolution the first in order according to the list~ ·

The SPEAKER. It is a report from the Committee on Public illuildings and Grounds, an<l the Chair is advised that it is a unani­mous report.

Mr. CONGER. Is it any more privileged because it would enable · that committee to make excursions than it would be if it were some . other committee 'f

The SPEAKER. The Chair has always given the preference for motions to suspend the rules to members representing a committee

.over indivi<Jual members. Mr. CONGER. Then I call for the yeas and nays. The SPEAKER. The Chair thinks the vote had better be first taken

.viva voce; it may n-0t be necessary to call the yeas and nays. The question was taken viva voce; and The SPEAKER announced that in the opinion of the Chair two-

thirds had not voted in the affirmative. Mr. MURCH called for a division. l\Ir. DUNNELL. Let the resolution be again read. Many MIJ:MBERS. Oh, no. The SPEAKER. There is objection to reading the resolution again. The question was taken upon a division; and there were-ayes 67,

JROOS 72. Before the result of this vote was announced, Mr. MURCH called for the yeas and nays. The yeas and nays were ordered

The question was taken; and there were-yeas 116, nays 82, not voting 88 ; as follows :

Acklen, Ai.ken, Anderson, Armfield, Atherton, Atkins Beale, '. Beltzhoover, Bla-0kburn, Bliss, Bright, Cabell, Caldwell, Carlisle, Clardy, · Clark, John B. Cobb. Colerick, Converse, Cook, Covert, Cox, Cravens, Culberson, Davidson, Davis, Loundes H. DeLa:Matyr, Dibrell, Dunn,

Aldrich, N. W. Aldrich, Willia.m Bailey, Baker, Barber, Bayne, Bicknell, Blake, Bouck, Bowman, Brewer, Brig Brig&'m, Burrows, Butterworth, Calkins, Cannon, g~ter,

Coffroth, Conger,

Bachman, Ballou, Barlow, Belford, Bingham, Bland, Blount, Boyd, Bragg, Browne, Buckner, Camp, Caswell, Chalmers, Chittenden, Clark, Alt'ah A. Clymer, Cowgill, Crapo, Davis, Joseph J . Dick, Dickey,

YEAS-116.

Elam, ETins, Ewing, Felton,

· Ffnley, Ford, Forney, Forsythe, Frost, Frye, Geddes, Gillette, Goode, Gunter, Hammond. N. J. Harris, John T. Hatch, Henry, Herbert, Herndon, Hill Hooker, Hostetler, House, Hull, Hurd, Johnston, Jones, Kenna,

Kimmel,

~~n, Klotz, Knott, Lewis,

if~. Martin, ~enj. F. Martin, Ed ward L. '.McMahon, Mc Millin, Mills Murch, New, Nicholls, O'Connor, Persons, Phelps, Pbister, Reagan, Robertson, Rothwell, Russell, W.A.

· Ryon, John W. Samford, Sawyer, Scales, Simonton,

NAYS-8':? .

Crowley, D~ett, Davis, George R. Deering, Dauster, Dunnell, Errett, Farr, Ferdon, Field, Fisher, Garfield, Godshalk, Hall, Hammond, John Harmer, Haskell, Hawk, Hayes, Hiscock, Hon-,

Houk Humphrey, Joyce, Keifer, Marsh, Mason, McCoid, McCook, McKinley, Mitchell, Monroe, Morton, Neal, Newben'J', Norcross, O'Neill, Osmer, Overton, Pound, Price, Rice,

NOT VOTING-88.

Dwight, Einstein, Ellis Fort; Gibson~ Harris, Benj. W. Hawley, Hazelton, Heilman, Henderson, Henkle, Hubbell, Hunton, James. Jorgensen, Kelley, Ketcham, Killinger, Ladd, Lapham, Lay, Le Fevre,

Lindsey, Loring, Lounsbery, Martin, Joseph J. McGowan, McKenzie, McLane, Miles, Miller, Money, Morrison, Morse, Muldrow, Muller, Myers, O'Brien, O'Reilly, Orth, Pierce, Poehler, Prescott, Reed,

Singleton, O. R. Slemons. Smith, HezekiahB. Smith, William E. Sparks, Springer, Steele, Stephens, Stevenson, Talbott, Taylor, Thompson, Tillman, Townshend, R. W. Turner, Oscar Updegraff, Thomas Urn er, Wadel ill, Warner, Weaver, Wellborn, Wells, Whiteaker, Whitthorne, Williams, Thoma Willis, Wilson, Wise Wright.

Ilicb.ardson, D. P. Robinson, Ryan, Thomas Shallenberger, Sherwin, Smith, A. Herr Thomas, Townsend, Amos Tyler, Updegraff, J. T. Valentine, Van Aernam, Voorhis, Wait, Ward, Washburn, W"ilber, Williams, C. G. YoU11g, Thomas L.

Richardson, J. S. Richmond, Robeson, Ross, Russell, Daniel L . Sapp, Shelley, Smgleton, J. W. Speer, Starin, Stone, Tucker, Turner. Thomas Upson, · Vance, Van Voorhis, White, Willit.s Wood, Fernando Wood, Walter A. Yocum, Young, Casey.

So the motion of Mr. MURCH to suspend the rules and adopt the resolution was not agreed to, less than two-thirds voting in favor thereof.

During the roll-call the following announcements were made: Mr. MULDROW. I am paired withthegentlemanfromNewYork,

Mr. DWIGHT. Ifhe were present, I should vote" ay." Mr. COVERT. My colleague, Mr. FERNANDO WOOD, is paired with

the gentleman from New Jersey, Mr. ROBESON. Mr. STEELE. My colleague, Mr.VANCE, is detained from the House

by illness, and is paired with the gentleman from Michigan, Mr. Wrr..­LITS. My colleague, if present, would vote" ay."

Mr. ROSS. I am paired with the gentleman from Massachusett , 1\Ir. CRAPO. If at liberty to vote, I should vote "ay."

Mr. SHELLEY. I am paired with the gentleman from New York, Mr. ]')frr..LER. If he were present, I should vote in the affirmative.

Mr. FELTON. My colleague, Mr. SPEER, is paired with the gen· tleman from Wisconsin, ?tlr. CA.SWELL.

Mr. DA VIS, of North Carolina. I am paired with my colleague, Mr. MARTIN.

Mr. MULLER. I am paired with the gentleman from Indiana, Mr. HEILMAN. If permitted to vote, I should vote "ay."

Mr. COFFROTH. My colleague, Mr. BACHMAN, is paired with the gentleman from Colorado Mr. BELFORD.

Mr. TOWNSHEND, of Illinois. My colleague, Mr. SINGLETON, is paired with the gentleman from Connecticut, Mr. MILES.

1879. CONGRESSIONAL RECORD-HOUSE. 1873 Mr. AIKEN. My colleague from South Carolina, Mr. RICHARDSON,

is paired with the gentleman from New York, Mr. C/\MP. Mr. RICH­ARDSON, if present, would vote "ay."

Mr. McKENZIE. I am paired with the gentleman from Michigan, Mr. HUBBELL.

Mr. PHISTER. My colleague, Mr. THO:'IIA.S Turunm, is absent by lea.ve of the House, and is paired with tho gentleman from Pennsyl­vania, Mr. WHITE. If present, my colleague would vote" ay/'

Mr. KING. My colleague, l\fr. ELLIS, is paired with the gentleman from Virginia, Mr. JORGENSEN; and my colleague, Mr. Gmso:x, who is absent by reason of sickness, is paired with the gentleman from Massachusetts, Mr. LORING.

Mr. ROBINSON. My colleague,'l\fr. MORSE, is paired with the gen­tleman from Pennsylvania, Mr. KELLEY.

Mr. NEWBERRY. The gentleman from New York, Mr. PRESCOTT, js paired with the gentleman from Virginia, Mr. Rrcm.'.CO~"'D.

Mr. BEALE. My colleague, Mr. JORGESSEN, is paired with the gentleman from Louisiana, l\fr. ELLIS.

Mr. BAKER. My colleague, l\fr. ORTH, who is absent from the House by its leave, is paired with the gentleman from Ohio, Mr. DICKEY.

Mr. POUND. My colleague, Mr. HAzELTON, who is absent by leave of the House, is paired with the gentleman from Georgia, Mr. BLOU~"'T. I am not authorized to say how he would vote on this question.

Mr. HARMER. My colleague, Mr. WHITE, is paired with the gen­tleman from Kentucky, Mr. THOMAS TURNER; and my colleagu~, Mr. BINGHAM, with the gentleman from New York, Mr. O'REILLY.

Mr. YOUNG, of Tennessee. I am paired on all political questions with the gentleman from Illinois, Mr. HENDERSON.

Mr. FISHER. My colleague, Mr. DrcK, is paired with the gentle­man from Missouri, Mr. LAY.

Mr. FIELD. My colleague from Massachusetts, Mr. HARRIS, is paired with the gentleman from Alabama, Mr. LEWIS.

Mr. FRYE. My colleague, Mr. LINDSEY, is pair~d with my colleague, Mr. LADD.

Mr. HARRIS, of Virginia. My colleague, Mr. RICHMO~"'D, is paired with the gentleman from New York, Mr. PRESCOTT.

Mr. LEWIS. I am paired with the gentleman from Massachusetts, Mr. HARRIS.

Jifr. SINGLETON, of Mississippi. My colleague, Mr. CHALMERS, is paired with the gentleman from New York, Mr. VAN VOORHIS.

Mr. BUCKNER. I am paired with the gentleman from New York, Mr. CHITTENDEN. If at liberty to vote, I should vote "ay."

The result of the vote was announced as above stated. :MESSA.GE FROM THE SENA.TE.

A mesi:iage from the Senate, by Mr. BURCH, its Secretary, announced that the Senate had disagreed to the amendment of the House to the fourth amendment of the Senate to the joint resolution (H. R. No. 1) to repeal certain clauses of the sundry civil appropriation act, ap­proved March 3, 1879.

The message also announced that the Senate had agreed to the res­olution of the House authorizing certain changes in House enrolled bill No. 1999, to amend an act making appropriations for rivers and harbors, &c.

D1PORTATION OF NEAT CATTLE FOR BREEDING PURPOSES. Mr. COVERT. By instruction of the Committee on Agriculture I

move to suspend the rules and pass the bill which I send to the desk. The Clerk' read as follows:

A. bill (H. R. No. 2006) t.o amend sections 2493 and 2494 of the Revised Statutes of the United States, rela.tive to the importation of neat cattle into the United States for breeding purposes. Be it enact.ed by the Senate and House of Representatives of the United States of

America in Oongress assembled, That section 2493 of the Revised Statutes of the United States be amended so as to read as follows:

''SEC. 2493. The importation of neat cattle and the hides of neat cattle from any foreign country into the United States is prohibited: Prwided, That the opera­tion of this section sha.11 be suspended as to any foreign country or countries, or any part of such country or countries, whenever the Secretary of the '.l'roo.sury shill officially determine, and give public notice thereof, that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby au­thorized and empowered, and it shall be his duty, to make all necessary orders and regulations to carry this la.w into effect, or to suspend the same as therein provided, and to send copies thereof t.o the proper officers in the United States~.and to such officers or agents of the United States in foreign countries as he shau judge nec­essary: And promdedfttrtlter, That neat cattle may be imported from any portion of Great Britain into the Unit.ed States for breeding purposes, under such direc­tions, rel!lllations, and restrictions as the Secretary of the Treasury may establish for the tliorongh inspection and examination of such neat cattle. If, upon such examination and investigation, such cattle shall be found to be free from any in· factious or contagious disease, such cattle shall be permitted to be landed and re· -0eived at any port in the United States, and taken to their place of destination."

Section 2494 of the Rerued Statutes is hereby amended so as to read as follows: "SEC. 2494. The President of the United Sta.tea, whenever, in his judgment, the

importation of neat cattlo and the hides of neat cattle may be made without dan­ger of the introduction or spread of contagions or infectious disease among the cattle of the United Stat.es, may, by proclamation, declare the provisions of the preceding section prohibiting or restricting the importation of neat cattle and the hides of neat cattle from any foreign country into the Unit.ed States to be i.J;loper­ati>e ; and the same shall be afterward inoperative and of no effect from and" after thirty days from the date of said proclamation."

Mr. DUNNELL. I ask by unanimous consent that the gentleman from New York be allowed to explain the bill.

The SPEAKER. How long T Mr. COVERT. Very briefly.

IX--118

Mr. DUNNELL. Say five minutes. The SPEAKER. Is there objection T There was no objection, and it was ordered accordingly. Mr. COVERT. l\Ir. Speaker, the established law of this land to­

day relative to the matter of cattle importation amounts to an almost entire prohibition of the importation of foreign animals. It prevents the reception into this country of a single head of foreign· cattle un­less the importation of animals from any particular country is made general. Under existing law it is true that the operation of the pro­hibition may be suspended as to any foreign country or countries­w henever the Secretary of the Treasury shall officially determine and give noti~ that such importation will not tend to the introduction of infectious diseases among our native cattle. But this suspension of law is coupled with a number of embarrassin"' regulations, involv­ing the giving of official notification to our representatives abroad, and with other technical conditions.

Under the law as it now stands the President of the United States may also, by proclamation, declare the ports of this country open for the reception of animals imported from any particular foreign country, but this provision also, if acted upon, would make the importation from any one country general or rather wholesale in its character. It would be unwise, undoubtedly, at this time to suspend the oper­ations of existing law in general terms, and to open our ports for the reception of animals from any one section abroa<l in this general or wholesale manner. ·while this is so, there exists on the part of own­ers and raisers of choice animals in this country great embarrass­ment-I might go further and say great hardship-by reason of the existence of these prohibitory provisions. Should these provisions be continued there will be great danger of our choice kinds of cattle becoming entirely extinct. The amendment involved in the bill un­der discussion looks toward a remedy for this threatened evil. It provides that the Secretary of the Treasury may, in special cases and upon being satisfied that no evil results will follow his action in that regard, permit special importations of cattle into this country from Great Britain. It seems to me that no danger whatever can follow the adoption of this proposed amendment. '.rhe Secretary of the Treasury is directed to couple with his permission such restrictive measures against the possible introduction of contagious disease as in th~ exercise of his judgment should be invoked.

Since the introduction of this bill, Mr. Speaker, I have received letters from many gentlemen in various sections of the country and who are largely interested in the matter of cattle raising, who warmly approve the spirit of this proposed amendment. I hope, sir, that the bill will pass.

Mr. DUNNELL. Is this unanimously reported from the commit-tee¥

Mr. COVERT. It is. Mr. MILLS. Let the bill be again read. The bill was a.gain read. The rules were suspended and the bill passed, two-thirds having

voted in favor thereof.

LEGISLATIVE, ETC., APPROPRIATION BILL.

Mr. ATKINS. Mr. Speaker, I am unanimously authorized and di­rected by the Committee on Appropriations to report a substitute for the bill presented a few days ago (H. R. No. 2172) making appropria­tions for defraying the expenses of the legislative, executive, and ju­dicial departments of the Government, and which was recomniitted, and I now ask unanimous consent to submit a brief statement, and that the gentleman from Connecticut [Mr. HA. WLEY] may likewise be allowed to make a statement.

The SPEAKER. How long Y Mr. ATKINS. Five minutes each. There was no objection, and it was ordered accordingly. The substitute was read, a.a follows: Be it enacted by the Senate and House of Representatives of the U-nit.ed States of

America in Oongress assembled, That for the purpose of providina for the legisla· ti ve, executive, and judicial expenses of the Government for the ffsca.l year ending .June 30, 1880, there is hereby appropriated, out of any money in the Trea-sury not otherwise appropriated, the same sums of money and for the like purposes (and continuing the same provisions relating thereto) as were appropriat.ed for the serv· ice of the ftacal year ending June 30, 1879, by the act entitled ".An act making appropriations for the legisrative, executive, and judicial expenses of the Govern­ment for the fiscal year ending .June 30, 1879, and for other purposes," approved .June 19, 187 , (except as hereinafter declared.) subject to all the limitations and conditions in respect t.o the disbursement of the appropriations hereby mado that were imposed by said act and the other laws of the United States upon or in re­spect to the appro:pria.tions made by said act: Provided, That nothing is appropri· ated by the foregorng section for "the purchase of the copyright and plates to the reference index .t-0 the Revised Statutes of the United States;" for a tele(J'raph operator at the executive office; for more than eighty clerks of the class paiK 900 per annum each, in the office of the Treasurer of the United Stat.es; for more than twenty·nine clerks of class 1; for more than eighteen clerks of the class of 900 under the same officer, "employed in redeeming national currency," (and seven of the clerks of class 1 so employed are hereby transferred to the office of the said Treasurer;) "for temporary clerks for the Treasury Department;" "for replacing boilers and enlarging and rebuilding the boiler·ho11Se of the mint at Carson, :Ne· vada;" "for repairs and machinery at the mint at New Orleans, Louisiana;" "for purchase ef library for the use of the General Land Office;" "for legislative ex· penses " of either of the Territories, namely, of Arizona, of Dakota, of Idaho, or of Montana, (but the usual annual amount of $2,000 to each of said Territories for the expenses of the secretary's office is hereby appropriat.ed;) nor for rent of the "Towson House," or to repairs of the roof or flooring of the Army Medical Mu­seum ; "for the special purpose of investigating the history and habits of insects injurious to the cotton·plant," other than that appropriated by this act to be ex­pended by the entomological commission; or for the southern claims commission.

•

1874 CONGRESSIONAL RECORD-· HOUSE. JUNE 9,.

.And no more than the smns herein stated respectively are appropriated under the foregoing section for the following purposes, to wit: For the State Depart­ment: ''For fuel," $3,000; "for light," ~2,000. For the Treasury Department: "For carpet.a, oil-cloth, and matting, and repairs, cleaning, and layin~ the same," f7,000; "for the additional duties lillposed upon the Bureau of Statistics by the legislation of the second session of the Forty-third Congress," $8,800; "for pur­chase of new plant.a and seeds for green-house, Agricultriral Department," $600.

.And certaih clauses in said act of .June 19, 1878, are amended as follows: Under heading of ''Senate," the clause commencing " for eight skilled labor­

ers" is amended by striking out therefrom the name "Kate Dodson," and insert· in.,. in lieu thereof "female attendant."

t'Jnder the head of contingent expenses of the Senate, the following clauses, namely: The clause commencing "for twenty-seven clerks to colllillittees " is amended so as to read for" twenty-five clerks to colllillittees,'' and th~um of the clause shall read " $31 ,800;" the clause commencing "for fourteen page~or the Sen­ate Chamber" is amended by striking out the words " one page for the Vice­President's room," and the sum of the clausE' shall read" $10,265 ;" the clause com­mencing " for fuel and oil for the heating apparatus" is amended by striking out the words ''and of this amount not exceeding 400 may be used for the purchase of platform-scales for weighing coal"

Under the heading "House of Representatives," the clause commencing__" for eight messengers " is hereby amended by striking out therefrom thename ".tlenry Douglas; " the clause among the contingem:; expenses for the House of Represent­atives, commencing " for twenty-one clerks to committees," is amended so as to read "for thirty-five clerks,'' and the sum of the clause shall read "$44,100;" the clause commencing "twenty-eight pages" is amended to read '"twenty-nine," and the sum of the clause shall read · ' 15,865 ;" the clause "for fuel and oil for the heating ap­paratus" is ·amended to include also "and for steam-pump and condenser for same;" and the clause "for miscellaneous items" is amended to read" 75,000."

.And the last clause under beading " Department of State " is amended to read as follows : "For expenses of editing and distributing the laws enacted at the third session of the Forty-fifth Congress, and for editing and distributing the Statutes at Large, $5,000."

.And the clause under heading "Library of Congress," in said act, is amended as follows: In lieu of the number named it shall read "twenty-one assistant libra­rians," and in lien of "two" there shall b~ five assistants at $1,200 each; and the total sum of the clause shall read "$33,240."

And under the "Independent Treasury" heading the last two clauses are amended as follows : In lieu of the sum stated for "checks and check-books " it shall read" 10,000;" and in lieu of the sum stated "for contingent expenses" it shall read "$40, 000."

And the clause commencing "General Land Office: For the Commissioner," &c., is amended a-a follows: In lieu of the number named it shall read "six clerks of class 4;" in lieu of the number named it shall read "eighty clerks of class 1 ;"in lieu of the number named it shall read "thirty clerks of class $1,000, and nine copyists at $900 each;" in lieu of the number namecl it shall read" nine assist­ant messengers;" in lieu of the number named it shall read "twelve laborers;" and in lieu of the number named it shall read" six packers;" and tho total sum of the clause shall correspond in amount to the change. ·

SEC. 2. For salaries of certain offices created by acts of 1879, ancl for certain ex­penses rendered necessary bv the removal of the offices of the War Department and of the Navy Department,· and for matters heretofore provided for in other acts, and for the mints and assay offices, and for other purposes, the following addi­tional SUIIL9 are hereby appropriated out of any money in the Treasury not other­wise appropriated: ·

HOUSE OF REPRESE~~rATIVES.

For two messengers in the House library, at 3.60 per day, 2,635.20; and one additional engineer, 1,200.

For messenger to the Speaker, $1,200. For laborer in the office of the Sergeant-at-Arms, $660. For the journal clerk, for preparing Digest of tho Rules, $1,000. For five folders in the fold.ing-room, 3,600. For the person preparing the general index to the journals of Congress, under

resolution of June 18, 1878, $2,500. SEX ATE.

For clerk to Committee on Military Affairs and for olerk to Committee on Post-Oftices and Post-Roads, at 2,2-20 each.

For assistant clerk to Committee on Appropriations, $1,200. For clerk to the Sergeant-at-Arms, 2,000. For messenger to the Vice-President's room, to be appointed by the Vice-Presi­

dent, $1,440. For miscellaneous items, $20,000.

STATE DEPARTIIBNT. That the sum of $4,000 be, and is hereby, appropriated, out· of any moneys in the

Treasury not otherwise appropriated, for the purpose of printing 15,000 copies of the letter of the Secretary of State, with consular reports, showing the rates of wages, hours of labor, prices of food, the general condition of the working classes in the several countries of Europe, and the comparative advantages derived from citizenship of this Republic.

For negotiation with foreign governments with a view to the remonetization of silver, to be expended in the discretion of the President, $20,000; and an account of the expenditure thereof shall be submitted to the Congress that meets Decem­ber, 1880.

For Third Assistant Secretary of State, 3,500. TREASURY DEPARll!ID."'T.

For salary of an associate judge in the Territory of Dakota, $2,600. For associate judge of the supreme court fa the District of Columbia, $4,000. For a district judge for the northern district in Texas, 3,500. For one skilled laborer in the office of the Auditor of the Treasury for the Post­

Office Department, $1,000. Office of Life-Saving Service: For General Superintendent of the Life-Sa.ting

Service, 4, 000 ; assistant general superintendent of the Life-Saving Service, $2.500; one principal clerk and accountant, 1,800; two clerks of class 3; one clerk of cla-ss '2; one clerk of class 1 ; one clerk, l,000; four clerks, at $900 each; one assistant messenger, $720; in all, 19,420.

J}."'TEIL'UL REVEXUE.

To meet a deficiency in the appropriation for salaries and expenses of agents and surveyors' fees and expenses of gaugers, salaries of storekeepers and miscella­neous expenses, being for the present fiscal year, 150,000 : P-rwided, That here­after storekeepers at distilleries that mash less than sixty bushels of grain per day shall be allowed not exceeding $50 per month. But when one person acts as store­keeper and gauger, his salary shall not exceed 4 per day for the time actually employed.

FOR THE MIXTS All')) AS AY OFFICES.

Mint at Denver, Colorado: For assistant assayer, $1,400; one clerk. 61 ,400; for wages of workmen, $2,500; for fuel, li~hts, and other necessaries, $3,000.

Mint at New Orleans, Louisiana : For wages of workmen and adjusters, 18,000; for repairs and machinery. $5,000.

Assay office at Helena., Montana: For wages of workmen, $7,000; for fuel, cru-cibles, chemicals, and other necessaries, $9,485. .

•

Assay office at Boise City, Idaho: For wages of workmen, fuel, crucibles, and other incidental exp~ses, ~.ooo.

Assay office at Charlotte, North Carolina: Fer fabor and other expenses, $250. For the office of the Director of the Mint, for purchasing books, periodicals, and

pamphlet.a containing information relative to monetary questions, 200. "For legislative expenses," for the biennial year, in the following-named Terri-

tories, respectively : For the Territory of New Mexico, $18,683.90. For the Territory of Utah, 15,600. For the Territory of Washington, $15,800. For the Territory of Wyoming, $15,460.

WAR DEPARTMENT.

For eight charwomen, to be employed in the office of the Secretary of War, in the new State, War, and Navy Department building, at 180 per annum each, 1,440. For four watclllllen, two firemen, and one laborer, in the part of the Ad.iutant­

General's Office to be located on the first and seconcl floors of the old N a.vy Depart­ment building; in all, $4,980.

For contingent expenses of the Adjutant-General's Office, in the old Navy Depart­ment buildirig, including fuel, light, heating apparatus, matting, cleaning, labor~ and incidental items of care of two floors of Navy Department bri.ilding to be occu­pied by Adjutant-Genera.l's Office, 2,000.

NAVY DEPARTIIEll"J.'.

To maintain a force of watchmen and _laborers to protect anu to attend to the old building occupied by the Navy Department, namely, for four watchmen and tw<> laborers, to be put on duty when the building is vacated, 4,200.

For fuel, lights, and miscellaneous items, 2,000. . To provide for an additional force for the proper care of and for service in the

new building, namely, one engineer, $1,200; one assistant engineer, $1,000; one conductor for the elevator, $720; three firemen and eight charwomen, at $180 eachr to be employed when the new building shall be taken possession of, a sufficient sum is hereby appropriated.

Th""TERIOR DEPARTMENT.

Office of the Secretary of the Interior: For two clerks of class 4, two clerks of class 1, and one assistant messenger,

$6,720. For casual repairs of the building, $5,000. For stationery, 5,000.

Pension Office: For compensation of the Commissioner of Pensions, ~.600; deputy commis­

sioner, $2,400, said office t-0 continue for one year only; chief clerk, S2,000; med­ical referee, ...,2,250; twenty-six clerks of cla s 4; fifty-two clerks of class 3; eighty­four clerks of class 2; one hundred aud forty seven clerks of class 1 ; ten clerks, at $1,000 each; one skilled mechanic, at $1,200; thirty copyists, at $900 each; one en­gineer, at $1,200; one assistant engineer, at $1,000; one messenger and twelve assist­ant messengers; and for eight laborers and two watchmen ; in all, $489,350 ; this ~:~~~~~d~!"ae~:dafv:R~b~!. the srune nature in the act of 1878, which is not

And the Secretary of the Interior is hereby authorized to rent sucb builuings as may be necessary from time to time for the purpose of the census, the total expen di­ture not to exceed $25,000, to be paid from the amount authorized to 1;e expended by section 20 of act of March 3, 1879, census act.

Also, to enable him to provide offices for the Geological Survey and offices fox-­additional accommodation of pension clerks, $3,000.

Under the Architect of the Capitol: For person in charge of heating a:pparatus of the Congressional Library and Su­

preme Court, $864; for one laborer m charge of water-Closet in central portion of the Capitol, $660; for three laborers for cleaning rotunda, corridors, and Jome, at $660 each; for the pay of six watchmen employed on the Capitol grounds, at 720 each; in all 7,824.

Office of Auditor of Railroad Accounts: For Auditor, $3,600; book-keeper, t\2,400; assistant book-keeper $-2,000; railroad

engineer, 2,000; one clerk, ~1,400; one copyist, ~00; traveling and other expenses, 1,500; incidental expenses, 250; in all, 14,050.

SOUTHERN CLAilIS CO:MMISSIOY.

For pay of three commissioners to the 10th day of March, 1880, at the rate of $5,000 per annum each; one clerk, at the rate of 2,500; one stenographer, at the rate of $2,500; one messenger, at the rate of 1,200; three additional clerks, at the rate of l,200 each; in all, 17,22-2.21.

For compensation of three investigating agents, at ~ per day when actually employed; also traveling expenses of agent.a, fees, and mileage to Government witnesses, costs of summoning Government witnesses, fees to colllillissioners for­taking testimony, fees for abstracts and exemplifications of public records relating to claims and claimants, 6,000: Provided, That said agents shall give notice to claimants whose claims it is pro:posed to investigate of the time and place of faking testimony, who shall have the I'lght to cross-examine every witness who may tes­tify in behalf of the Government; and said agents shall also take at the same time the testimony of any and all witnesses who may be presented by the claimant, on bis paying the expenses thereof; and all such testimony, both on behalf of the­claimant and the Go·rnrnment, shall be taken under the 1.a.w and rules which usually govern the taking of testimon v; and the judges of the southern claims commission Shall prescribe and publish ru'ies for the taking of the testimony, and shall provide in all cases for full and fair notice to be given of the time and place thereof.

Ann sections 2, 3, 4, 5, and 6 of the act of March 3, 1871, authorizin~ the southern claims commission are hereby repealed, to take effect on and after the 10th day of March, 1880.

Unittd States entomological commission: To provide for the investigation into the habit.a of the cotton-worm and other

insects injurious to the cotton-plant and to agriculture, with a view of preventing­their injuries, 5,000.

POST-OFFICE DEPARTMEXT.

Third Assistant Postmaster-General: In the office of the Third Assistant Postmaster-General the following increase of

force o-rer that of the current year i.s hereby' authorized and appropriated for, namely: One clerk of class 4; two clerks of cfass 3; three clerks of class 2 ; one­clerk of class 1; and three female clerks, at $900 per annum each; in all, 13,100.

AGRICULTURAL DEPAinMIDIT.

For the continuance of the investigation of the diseases of swine, and infectious and conta¢ous diseases to which all other classes of domesticated animals are Rub­ject, 10,000.

SEC. 3. That sections 4771, 4772, and 4773 of the Revised Statutes of the United States, providing for biennial examinations of pensioners, are hereby repealed: Provided, That the Commissioner of Pensions shall have the same power a.s here­tofore to order special examinations, whenever, in his judgment, the same may be necessary, and to increase or reduce the pension according to right and justice; but in no case shall a pension be withdrawn or reduced except upon notice to the. vensioner ancl a hearing upon sworn testimony, except as to the certificate of the.

1879. CONGRESSIONAL RECORD-HOUSE. 1875 e~g surgeon. In order to provid~ for the speedy payment o"! arrearag~s of pens10ns, the· secretary of the Treasury1s hereby authorized and directed to issue immediately in payment thereof, as they may be adjusted, the legal-tender cur­rency, now in the United States Treasury, held as a special fund for the redemp­tion of fractional currency under section l of joint resolution No. 17 of the Congress of the United States, approved July 22, 1876; and fractional currency presented for redemption shall be redeemed in any moneys in the Treasury not otherwise ap­propriated.

SEC. 4. That the fifth paragraph of that portion of the act of June 20, 1~78, mak­ing appropriation for the sundry civil expenses of the Gi>vernment for the fiscal year 1879, and for other purposes, relating to the District of Columbia., be, and the same is hereby, amended so that the sum of money therein appropriated to pa.y the workingmen of said District shall be paid to those whose claims are due and un­paid from the District of Columbia for work under the superintendents of the late board of public works, and also from contractors whose accounts against the gov­ernment of said District had been paid in part or in full prior or subsequently to the act of June 23, 1874, and of those who have not been paid prior to or since said date, bv the late board of public works or by the commissioners of the District of Co­lumbia."; and the commissioners of the District of Columbia are .hereby directed to turn into the Treasury of the United States any moneys now in their possession due or belongin~ to contractors under the late board of public works, who have not paid their .Laborers or workmen : Provided, That if the said sum of 75,000 in said act mentioned shall not be sufficient to pay all such claims found to be due under the provisions of said act of June 20, 1878, and of this section, then there shall be made the original pro rata reduction of each claim and the amount to be paid on each claim shall be paid and received in full discharge of the claim of such workman; and that no such claims shall be received, filed, or audited subsequently to the 1st day of J nly, 1879: P.rovided further, That the amount or pro rata amount found to be due to each. workman shall only be paid to him in person, if living, or in case of non-residents. of the District of Columbia, by draft on the Treasury of the United States to his or their order, or to bis or their legaJ. representatives, if dead.

SEC. 5. That the pay of assistant messengers, firemen, watchmen, and laborers provided for in tllis a.ct, unless otherwise specially stated in particular cases in the act of.June 19, 1878, which it continues and makes available, (except as declared in the first section of this act,) shall be as follows: For assistant messengers, firemen, and watchmen, $720 per annum each; for laborers, $660 per annum each ; and a sufficient amount to meet the provisions of this section is hereby appropriated.

Mr. ATKINS. The substitute which ha.s been read at the desk by the Clerk differs in a very few respects from the bill which was re­ported the other day and recommitted to the Com.mittee on Appro­priations, and which has been printed and laid on the desks of mem-~m .

The principal feature of difference between the substitute and the bill as originally reported consists in an appropriation of $150,000 for the payment of the salaries of storekeepers and gaugers necessitated by the increase of distilleries in several of the Southern States within the last few months. It really is almost in the nature of a deficiency for this year; but the Committee on Appropriations thought it was very important the appropriation should. be made, in order that those officers might be paid.

This bill does not increase a single salary, unless it be considered that raising the pay of messengers from $660 to $720 is an increase. The pay of laborers is also raised from $600 t-0 $660.

I deem it necessary, Mr. Speaker, to go over the various items of difierence between this substitute and the bill reported the other day. They relate principally to clerical force. There are nine copyists, for instance, that were left out accidentally in the Land Office. The salary of the Third Assistant Secretary of State was left out accident­ally, that salary having been formerly appropriated for in the simdry civil act. There is also in this bill, over and above what was in the bill reported the other day, provision for fifteen clerks for the Pension Bureau. Although we gave in the vetoed bill all that the Commis­sioner of Pensions asked, still he says, on account of the great increase of business necessitated by the arrearages of pensions act, he wants :fifteen clerks more; and we have given him in this bill fifteen more than there were in the vetoed bill or than there are now in the law.

This bill, l\Ir. Speaker, re-enacts the present law with certain elim­inations, certain things taken.out which are not necessary, the occa­sions for them having lapsed. It is not necessary to.go over them. I could not do it in the five minutes allowed me. There are no polit­ical restrictions upon this bill-politic:il restrictions so called.

A MEMBER. Good! Mr. ATKINS. The restriction that was upon tl!e vetoed bill and

which created such a contest upon this floor is not embraced in this bill. Nor is the appropriation for the contingent expenses of the courts of the country, amounting to $2,600,000 or $2,iOO,OOO, embmced in this bill. You will remember, Mr. Speaker, that it was upon that portion of the appropriation bill that the restrictive clauses were placed with regard to the payment of deputy marshals and super­visors of elections. That matter will be embraced in a subsequent bill, a supplemental bill, if I may so style it, a supplemental judicial appropriation bill, which my honorable friend from Ohio [Mr. Mc­MAHON] will probably report to-day to the House.

The object, Mr. Speaker, in having adopted this plan to pass this appropriation bill was simply to avoid going over line by line and section by section a bill of ninety pages, which would have required perhaps a week or ten days' time to pass through this House, and how long it would have required to pass through the Senate I am ·not prepared to say. I admit that the mode of bringing this bill forward is somewhat irregular, and the manner of the bill itself is somewhat irregular. But, sir, with this explanation and with the additional remark that the Committee on Appropriations are unanimously agreed upon this bill, I yield the floor to my colleague upon the com­mittee, the gentleman from Connecticut, [Mr. HAWLEY.]

Mr. HAWLEY. As the chairman of the Committee on Appropria­tions has said, this bill aims to do what was aimed at in the more

regular legislative, executive, and judicial appropriation bill, omit­ting what are characterized as the political sections. Now, we of the minority of the committee, and I might say the republicans in general, are opposed to the present form of the bill-very much op­posed to it. As the bill stands it is a re-enactment in six or eight lines of the appropriations for the current year, with some fifteen or twenty pages,exceptingthose things that have been performed dur­ing the year. Of course, it is not necessary to repeat an appropria­tion for repairing the roof on the Medical Museum, for example. It is a re-enactment, therefore, of the appropriations for the current year, excepting a large number of things that have been done, and adding provisions on various matters that were not provided for in the act governing the current year-supplying various de:ficieneies and making various corrections.

Now, the minority would very much have preferred to pass the reg­ular appropriation bill for these branches of the public service which was substantially approved by the last Congress, which went through this House and t.he Senate, came back from the Senate with certain amendments in which the House concurred, making approval No. 3, and which was again approved by a majority of the House when it was attempted to pass the bill over the veto, which makes approval No. 4. Four times Congress, within four months, has approved the legislative, executive, and judicial bill, which, minus the politics, we should have preferred to take because of its very much better form, because of its clearness in doing the work aimed at. We objected to this bill, and do now feel it is very seriously objectionable-the chair­man of the committee admits that to some extent-by reason of its complication, and I might perhaps say its obscurity. But I do not deny that the Treasury Department, by detailing three men, the one with the old law before him, the other with the new bill before him, and the third with a slate and pencil, might in the course of a day :find out what is appropriated; and I think the Government can live under it.

The bill provides, I suppose, substantially for the necessities of the Government in these branches of the service. But I am bound to say that I doubt whether there are three men in this House or in this city who have gone over it all from beginning to end-certainly not since it was entirely completed. A. great deal has been rightly in­trusted t~ the gentleman from Tennessee, the chairman of the com­mittee, and the Committee on Appropriations have consented unani­mously to support it, or at least to waive any objections to it. It con­tains, as has been stated sufficiently, no political matters of the kind ordinarily described as such, and we finally rather consented to its passage than approved of it. It also contains, I am bound to say, some general legislation, ancl I object to that, on principle, in appropriation bills.

Mr. ATKINS. There is no general legMation in this bill that was not in the vetoed bill.

Mr. HA. WLEY. That is true. There is some in the vetoed bill, and I object. to it. Now, then, I have intimated or suggested, but not de­tailed, the various serious objections made against the bill in the committee, and with these general observations I am willing that the bill shall pass that we may put an end to the expense and anxiety attending this prolonged extra session.

Mr. FINLEY. Have you any objections to referring this bill to the. Committee of the Whole'

Mr. HA. WLEY. I have not. Mr. FINLEY. I am not opposed to the bill, but I am opposed to

suspending the rules and passing a bill of this magnitude in this manner-a bill that no one knows anything about.

Mr. A.TKINS. I now move that the rules be suspended and the. bill passed.

Mr. DUNNELL. I desire to ask the gentleman a question. [Loud cries of "Vote ! " "Vote I " from all parts of the House.]

Mr. ATKINS. I do not know that I am at liberty to answer a ques-tion now. ·

Mr. COX. I hope the gentleman from Tennessee [Mr. ATKINS] will give us a right to discuss the bill. [Loud cries of "Vote!" and" Reg­ular order! "]

The question was put; and the Speaker announced, that two-thirds having vote.d in the affirmative, the bill was passed.

Mr. McMAHON. I desire to make a report from the Committee on Appropriations for the purpose of having it recommitted to the com­mittee.

Mr. CABELL. I intended to ask the yeas and nays upon the other bill.

The SPEAKER. The Chair did not hear the gentleman make such demand. Does he say that he did'

Mr. CABELL. No ; I did not rise from my seat, but it was my in­tention to have done so.

l\Ir. COX. I called for a division. The SPEAKER. The Chair. did not hear the gentleman. Does the

gentleman say that he rose from his seat and demanded a division T [Loud cries of "No!" "No!"]

Mi:. A.TKINS. I trust that if the gentleman from New York states that he demanded a division he will have it. ·

The SPEAKER. The Chair was not in haste to proclaim the bill passed ; he was very careful not to shut out any demand for the yeas and nays, or for a division, but the Chair is willing now to withdraw his decision.

1876 CONGRESSIO:N AL RECORD-HOUSE. JUNE 9,

Mt. ACKLEN. I object· the bill is pa-ssed. The SPEAKER. The Chair so declared without any apparent ob­

jection. Mr. COX. I do not now insist upon a division. Mr. REAGAN. I understand the gentleman from New York [Mr.

Cox] does not insist upon it now. The SPEAKER. The Chair did not see the gentleman rise in his

seat nor did he hear him call for a division. The Chair will, however, retrace. Is there a division demanded Y

Mr. FINLEY. There is ; I demand one. The question was taken upon l\Ir. ATKINS'S motion; and on a divis-

ion there were-ayes 170, noes 20. Mr. NICHOLLS called for the yeas and nays. The veas and nays were ordered. The question waa taken; and there were-yeas 187, nays 22, not

voting 77; as follows :

Acklen, Aiken Aldric'h,N. W. Aldrich, William .Anderson, Armfield, .Atherton, Atkins, Bailey, Baker, Barber, Bayne, Beale, Beltzhoover, Bicknell, Bla~kburn, Bl!lke, Bouck, :Bowman, iBrewer, ..Briggs, ..Brigham, .Bright, ..Burrows, Butterworth, rCannon, -Oar lisle, .Carpenter, -Ola.:tlin, .Clardy, Clymer, Cobb, Coffroth, Colerick, Conger, Converse, Cook, Covert, Cravens, Crowley, Culberson, Daggett, Davidson, Davis, George R. Davis, .rosepb. .r. Davis, Loundes H. DeLaMatyr,

Bliss, Cabell, Caldwell, Clark, .Tohn B. Cox, Dunn,

Bachman, Balloa,

' Barlow, Belford, Bingham, Bland, Blount, Boyd, Bragg, BroWRe, Buckner, Calkins, Camp, Caswell, Chalmers, Chittenden, Clark,AlvahA. Cowgill, Crapq, Dick,

YEAS-187.

Deering, Dauster, Dibrell, Dunnell, Errett, Evins, Ewing, Farr, Felton, Ferdon, Field, Fisher, Ford, Forney, Forsythe, Frye, Garfield, Geddes, Gillette, Godshalk, Goode, Hall, Hammond, .r obn Hammond, N . .r . Harmer, Harris, .Tobn T. Haskell, Hatch, Hawk, Hawley, Hayes, Henry, Herbert, Herndon, Hill, Hiscock, Horr, Hostetler, Houk, House, Hull, Humphrey, .Tones, Joyce, Keifer, Kenna, Kimmel,

King,_ Scales, Kitchin, Shallenberger, Klotz, Sherwin, Lapham, Simonton, Le Favre, Singleton, O. R. Lewis Smith, .A.. Herr Loring, Smith, William E. Lowe, Sparks, Marsh, Springer, Martin, Benj. F. Steele, Martin, Edward L. Stephens, Mason. Stevenson, McCoid, Stone, McCook, Talbott, McGowan, Taylor, McKinley, Thomas, McMahon, Thompson, Mitchell, Tillman, Monroe, Townsend, Amos Morrison, Townshend, R. W. Morton, Tyler, Murch, Updegraff, .r. T. Neal, Updegraff, Thomas New, Upson, Newberry, Urner, Norcross, Valentine, O'Connor, Van Aernam, O'Neill, Voorhis, Osmer, Waddill, Overton, Wait, P crsens, Ward, Phelps, Warner, Phister, - Washburn, Poehler, Weaver, Pound, Wellborn, Price, Wells, Reagan, Whiteaker, Rice, Wilber, Richardson, D. P. Williams, C. G. Robinson, Williams, Thoma.a Rothwell, Willis, Russell, William A. Willits, Ryan, Thomas Wise, Ryon, John W. Wright, Samford, Yocum, Sapp, Young, Thomas L. Sawyer,

NA.YS-22.

Elam, Finley, Frost, Gunter, Henkle, Hurd,

Knott, Manning, Mc:Mill.fu, Nicholls, Robertson, Slemons,

NOT VOTING-77.

Dickey, Dwight, Einstein, Ellis, Fort, Gibson, • Harris, Benj. W. Hazelton, Heilman, Henderson, Hooker. Hubbell, Hunton, .Tames, .Tohnst-0n, Jorgensen, Kelley, Ketcham, Killinger, Ladd,

Lay, Lindsey, Lounsbery, Martin, Joseph .r. McKenzie, McLane, Miles, Miller, Mills Money, Morse, Muldrow, Muller, Myers, O'Brien, O'Reilly, Orth, Pierce, Prescott, Reed,

Smith, HezekiahB. Turner, Oscar Whitthorne, Wilson.

Richardson, John S. Richmond, Robeson, Ross, Russell, Daniel L. Shelley, Singleton, .ramesW. Speer, Starin, Tucker, Turner, Thoma.a Vance, Van Voorhis, White, Wood, Fernando. Wood, Walter .A.. Yonng, Casey.

So (two-thirds voting in favor thereof) the rules were suspended and the bill was passed.

During the call of the roll the following announcements were made: . Mr. YOUNG, of Tennessee. I am paired on all political questions

with Mr. HENDERSON, of Illinois. . Mr. HAMMOND, of Georgia. My colleague, lt,f.r. BLOUNT, is absent

on public business. Were he preRent, he would vote" ay." Mr. TALBOTT. My colleague, Mr. MCLANE, is paired with !\Ir.

BOYD of Illinois. If present, I presume Mr. MCLANE would vote" ay." Mr.'ROSS. I am paired with Mr. CRAPO, of Massachusetts.

Mr. DA VIS, of North Carolina. I am paired with my colleague, Mr. MARTIN. As I am assured by friends on the other side that he would not object, I have voted" ay" on thls motion.

Mr. FORNEY. My colleague, l\Ir. SHELLEY, is paired with Mr. MILLER, of New York.

Mr. BUCK...~R. I am paired with !.-Ir. CmTTENDE.i."i, of New York. If he were here, I would vote "ay."

Mr, STEELE. My colleague, Mr.VANCE, is detained from the House by illness, and is paired generally with ~Ir. WILLITS, of Michigan. As Mr. V ANOE, however, would vote "ay" if present, I have consented that Mr. WILLITS may vote in the same way.

l\Ir. COVERT. My colleague, Mr. FERNANDO Woon, is paired with Mr. ROBESON, of New Jersey.

Mr. FELTON. My colleague, Mr. SPEER, is paired with ]'}lr. CAS­WELL, of Wisconsin.

Mr. HOOKER. I am pa.ired with Mr. CALKINS, of Indiana. If present, he would vote "ay" and I would vote "no."

l\Ir. MILLS. I am paired with Mr . . FORT, of Illinois. If he were present, I would vote "ay."

Mr. MULLER. I am paired with Mr. HEIL IAN, of Indiana. Mr. McKENZIE. I am paired with Mr. HUBBELL, of Michigan. ltlr. MULDROW. I am paired with Mr. DWIGHT, of New York.

Were he prese..lt, I would vote" no." Mr. STEVENSON. I desire to announce that ltlr. LADD, of Maine,

and lli. LL""IDSEY, of Maine, are paired. If present, l\Ir. LADD would vote "ay."

Mr. AIKEN. My colleague, l\Ir. RICHARDSON, is paired with Mr. CAMP, of New York. If Mr. RICIIA.RDSON were present, he would vote "ay."

Mr. PHISTER. My colleague, Mr. THOMAS TURl\"ER, is absent by leave of the House and is paired with Mr. WHITE, of Pennsylvji.nia.

l\Ir. TOWNSHEND, of Illinois. My colleague, l\Ir. SINGLETON, is paired with Mr . . MILES, of Connecticut.

Mr. POUND. My colleague, Mr. HAZELTON, is absent by leave of the House and is paired with Mr. BLOUNT, of Georgia. If present, l\Ir. HAZELTON would vote "ay."

Mr. SINGLETON. My colleague, Mr. CHALl\>IERS, is absent and paired with Mr. v AN VOORHIS, of New York. If here, Mr. CHALUERS would vote "ay."

Mr. ROBINSON. My colleague, Mr. MORSE, is paired with Mr. KELLEY, of Pennsylvania. If here, th~y would both vote" ay."

lli. NEWBERRY. I desire to announce that Mr. PRESCOTT, of New York, is paired with Mr. RICHMOm>, of Virginia.

Mr. STONE. I desire to announce that Mr. STARIN, of New York, is paired with Mr. MOl\'EY, of Mississippi.

Mr. FIELD. My colleague, Mr. HARRIS, is paired with Mr. LEWIS, of Alabama. If present, Mr. HARRIS would vote" ay."

l\Ir. BAILEY. My colleague, Mr. LOUNSBERY, is paired with l\lr. REED, of Maine. If present, I think they would both vote" ay."

Mr. ALDRICH, of Rhode Island. I am paired on all political ques­tions with the gentleman from Virginia, Mr. HUNTON. Presuming that, if present, h~ would vote " ay," I have voted "ay." My col­league, Mr. BALLOU, is paired with l\Ir. DICKEY, of Ohio. If present, :rtlr. BALLOU would vote "ay."

Mr. McCOOK. My colleague, Mr. ErnsTEIN, is absent by leave of the House. If present, he would vote "ay.''

Mr. WILLIAl\IS, of Wisconsin. My colleague, Mr. CASWELL, is paired with Mr. SPEER, of Georgia. If present, Mr. CA.SWELL would vote "ay."

Mr. BAKER. My colleague, Mr. ORTH, is absent from the House by leave, and is paired with Mr. DICKEY, of Ohio. If present, Mr. ORTH would vote "ay." .

Mr. CONGER. My colleague, Mr. HUBBELL, I understand is paired with Mr. McKENzm, of Kentucky. If present, Mr. HUBBELL would vote "ay."

Mr. COWGILL. I am paired with my colleague, Mr. MYERS. I do not know how he would vote, but if I were not paired I should vote "ay." My colleague, Mr. HEILMAN, is paired with l\Ir. MULLER, of New York. If present, Mr. IlEILl\IAN would vote "a.y."

Mr. BLAKE. Mr. ROBESON, of New Jersey, is absent by leave of the House, and is paired with Mr. FER:' ANDO WooD, of New York.

Mr. JOYCE. My colleague, Mr. BARLOW, is absent and paired for this day with Mr. BLACKBUR..."i, of Kentucky. I am satisfied that if Mr. BARLOW were present he would vote "ay," and therefore I do not ask that the gentleman from Kentucky, [Mr. BLACKBURN,] who has also voted '' ay," shall withdraw his vote. -

lli. HAMMOND, of New York. My colleague, Mr. DWIGHT, is pa.ired with Mr. MULDROW, of Mississippi. If present, Mr. DWIGHT would vote" ay."

Mr. LORING. My colleague, Mr. HARRIS, is absent and paired with Mr. LEWIS, of Alabama. Upon this bill Mr. LEWIS has voted in the affirmative with the consent of Mr. HARRIS, with whom he is paired on all other questions.

Mr. FISHER. .My colleague, ltlr. DICK, is paired with Mr. LAY, of Missouri. If present, Mr. DICK would vote" ay."

Mr. HAR.MER. My colleague, Mr. WHITE, of Pennsylvania., is pa.ired with l\Ir. THOl\US TumrER, of Kentucky. My colleague, Mr. BINGHAM, is paired with Mr. O'REILLY, of New York. If present, Mr. BINGHAM would vote" ay."

Mr. FRYE. My colleagues, Mr. LINDSEY and Mr. LADD, are pa.ired.

1879. CONGRESSIONAL RECORD-HOUSE. 1877 Mr. RICE. My colleague, Mr. CRAPO, is paired with Mr. Ross, of

New Jersey. . Mr. COFFROTH. My colleague, Mr. BACHMAN, is paired with~.

BELFORD of Colorado. If present, l\lr. BACIL'1:.A.i._~ would\ ;)te "ay.' Mr. LAPHAM. On all political questions I am paire<l "Yith_ ~·

TUCKER, of Virginia. Believing that he would support tL ts bill if present, I have voted "ay."

:Mr. FINLEY. My colleague, 1.Ir. DICKEY, has been annoa. ·ced as paired with Mr. ORTH, of Indiana, and also with Mr. BALL 10, of Rhode Island. The latter statement is incorrect; he is pairetl 1mly with l\Ir. ORTH.

'l'he result of the vote was then announced as above stated.

APPROPRIATIONS FOR JUDICIAL EXPENSES. l\Ir. McMAHON, from the Committee on Appropriations, reported

a bill (H. R. No. 2252) making appropriations for judicial expenses of the Government for the fiscal year ending June 30, 1880, and for other purposes; which was read a first and second time.

Mr. McMAHON. I move that the bill be ordered to be printed and recommitted.

Mr. CONGER. I reserve alJ points of order on the bill. The motion of Mr. McMAHON was agreed to. Mr. McMAHON moved to reconsider the vote just taken; and also

moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

MARINE HOSPITAL AT l\IEMPHIS, TENNESSEE. , Mr. REAGAN. By authority of the Committee on Commerce and

on behalf of the gentleman from Kentucky, [l\fr. THOMAS TURNER,] who was directed to make this report, I move to suspend the rules and pass the bill which I send to the desk-a substitute for House bill No. 1607, to provide for the construction of a marine hospital in the city of Memphis, Tennessee. There is a. report accompanying the bill.

The Clerk read as follows: B e it enacted by the Senate and House of Representatives of the Unifed States_ of A mer­

ica in Oongress a-ssembled, That the Surgeon-General of the Manne Hospital Serv­ice be and he is hereby, authorized and empowered to procure a proper site in or near the city of Memphis, Tennessee, and cause to be erected thereon a building suitable for a marine hospital, after plans and specifications which shall be fur­nished under his direction by the Supervising Architect of the 'Treasury Depart­ment.

SEC. 2. That the sum of $30,000, or so much thereof as may be necessary, be, and the same is hereby, appropriated out of any money now in the Treasury not other­wise appropriated, to be expended by the Secretary of the Treasury in the pur­chase of said site and the erection of the aforesaid building thereon.

Mr. CONGER. Is this bill subject to a point of order T The SPEAKER. The gentleman from Texas, by instruction of the

Committee on Commerce, moves to suspend the rules and pass the bill. Mr. YOUNG, of Tennessee. Is it in order to ask that the report

accompanying the bill be reau f That report explains the necessity for this building, which is recommended by the National Board of Health, by the Secretary of the Treasury, and by the Supervising Sur-geon of the Marine-Hospital Service. ·

The SPEAKER. The reading of the report would be in the nature of debate. Is there objection to the reading Y

Mr. SPARKS. There is. The question being taken on the motion of Mr. REAGAN to suspend

the rules and pass the bill, there were-ayes 103, noes 25. Mr. SP ARKS. I call for the yeas and nays. The yea.a and nays were not ordered. So (two-thirds voting in favor thereof) the rules were suspended

and the bill was passed.

DEPUTY COLLECTOR AT LAKE CHARLES, LOUI.SIANA. Mr. ACKLEN. By instruction of the Committee on Commerce, I

move to suspend the rules and pass a bill authorizing the Secretary of the Trea-sury to appoint a deputy collector at Lake Charles, Louisi­ana.

The Clerk read the bill, as follows: Be it enact.ed, cf:c., That the Secretary of the Treasury be, and he is hereby, author­

ized to appoint a deputy collector at Lake Charles, Calcasieu Parish, State of Louisi­ana, who shall have power to enter and clear vessels coming to that port.

The question being taken on the motion of Mr. ACKLEN, there were-ayes 46, noes 49.

Mr. ACKLEN called for tellers. Tellers were not ordered. So (two-thirds not voting in the affirmative) the motio:i was not

agreed to. VENTILATION OF THE HALL.

Mr. CARLISLE. I am instructed by the Committee on the Venti­lation of the Hall of the House of Representatives to move to suspend the rules so a-s to adopt the resolutions which I send to the desk.

The Clerk read as follows: Resolved, That the Committee on the Ventilation of the Hall of the House of

Representatives, or any sub-committee thereof, be authorized to sit during the re. cess, with like power and authority as when Congress is in session.

Resolved, That. said committee shall have the control and direction of the light­ing, heating, and ventilation of the Hall of the House of Representatives at all times when the House is not in session : Provided, That nothing herein shall be so construed as to authorize said com.mitt.ee to interfere with any alteration or im­provement heretofore directed by law.

The resolutions were adopted, two-thirds voting in favor thereof.

PUBLIC LANDS. Mr. WRIGHT. I move to suspend the rules and pass the bill (H.

R. No. 1846) relating to the public lands of the Unitecl States, which is reported by instruction of the Committee on Public Lands. .

Mr. CONGER. Inasmuch as no gentleman on this i>ide can bA recog­nized under the present method of proceeding, I suggest that the Chair should sometimes follow the list in making these recognitions.

The SPEAKER. The Chair will in a. few moments get to the indi­vidual recognitions, and will recognize the gentleman from Kansas [Mr. RYAN] who sought recognition on Monday last. These motions made on behali of committees are generally made in '-pursuance of una¢mous instructions from respective committeM. ~ Both sides are represented on all these questions through committees. The bill which the gentleman from Pennsylvania [Mr. WRIGHT] moves to pass under a suspension of the rules will be read.

The Clerk read as follows: Be it ena~t,ed by the Senate and H ouse of Representatives of the United States of

America in Congress a-ssembhld, That when any lands of the United States shall have been entered, and the Go-v-ernment prico paicl therefor in full , no suit or pro· ceeding, civil or criminal, by or in the name of the United States, shall thereafter be had or furtll.er maintained for any tresp:tsses upon, or for or on account of any material taken from, said lands, or on account of any alleged conspiracy in rela­tion thereto, prior to the approval of this act: Provided, The defendants in such suit.<:! or proceedings begun before such full payment shall exhibit to the proper court or officer the evidence of such enti:'Y and payment, aml sillill pay all costs accrued up to the time of such payment.

SEC. 2. That persons who have heretofore under any of the homestead mws en­t.ered lands properly subject to such entry, or persons to whom the rights of those havin~ so entered for homesteads may have been attemptecl to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying therefor $1.25 per acre, and the amount heretofore paid the Government upon said lands shall be taken as part payment of said price : Provided, This shall in no wise interfere with the rights or claims of others who may have subdequently entered such lands under the homestead laws.

SEC. 3. That tho price of lands now subject to entry which were raised to $2.50 per acre more than twenty years P.rior to the passage of this act by reason of the grant of alternate sections for railroad purposes is hereby reduced to 1.25.

SEC. 4. This act shall not apply to any of the mineral lands of the United States; and no person who shall be prosecuted for or proceeded against on account of any trespasses committed or material t.aken from any of the public lancls after the pas­sage of this act shall be entitled to the benefit thereof.

Mr. DUNNELL. I desire to ask a question. The SPEAKER. Debate is not in order. Mr. WRIGHT. I ask unanimous consent to occupy five minutes in

explaining the nature and character of this bill.. l\fr. DUNNELL. I object. Mr. RYAN, of Kansas. I desire to make a parliamentary inquiry<:­

! wish to know whether the Committee on Public Lands have in­structed the gentleman from Pennsylvania to make this motion'

The SPEAKER. The Chair has been so advised. Mr. WRIGHT. The bill has the unanimous recommendation of the

Committee on Public Lands. Mr. RYAN, of Kansas. That may be true; but I ask whether the

committee have instructed the gentleman to put the bill on its pas­sage under a suspension of the rules Y

The SPEAKER. The Chair has been so ad vised. l\fr. WRIGHT. They have. Mr. RYAN, of Kansas. I understand from some members of the

committee that such is not the fact; and I wish to ask the gentleman whether it is the fact.

Mr. WRIGHT. The bill, as the gentleman is aware, has been or­dered to be reported by the unanimous vote of the committee.

Mr. RYAN, of Kansas. That is not the point. I want to know whether the Committee on Public Lands instructed the gentleman to move to suspend the rules and pass the bill.

Mr. WRIGHT. I was directed to report the bill. I was not in­structed by the committee to make the motion to pass it at this time under a suspension of the rules.

The SPEAKER.. Then the Chair does not recognize the gentle­man.

Mr. WRIGHT. I have the consent of the committee to this mo­tion, but not their instructions.

CONTESTED ELECTIONS. Mr. SPRINGER. By instruction of the Committee of Elections, I

move to suspend the rules and pass the resolution which I send to the Clerk.

Mr. CONGER. I again suggest that ordinary comit,y requires that these recognitions for motions to suspend the rules should alternate between the two sides of the House.

The SPEAKER. The Chair is responsible for the recognitions. He has al ways exercised the utmost fairness as between the two sides of the House; but he claims the right to recognize members acting 1.lll­der instructions of a committee in preference to individual members. The Chair has never yet bound himself absolutely in all cases to ad­here to the names upon the individual list.

Mr. <;'ONGER. That precludes this side from ever h~ving an op­portumty.

The SPEAKER. The Chair is always fair to both sides. Recog­nition of members under the rules rests with the Chair, an cl not with any member.

Mr. CONGER. I only wished to know what the rule was. It effect­ually precludes this side from ever having an opportunity.

The SPEAKER. The Chair believes neither sine has any just right to complain of the Chair in this respect.

1878 CONGRESSIONAL RECORD-HOUSE. JUNE 9,

Mr. SPRINGER. This is a unanimous report from the Committee of Elections.

The SPEAKER. The gentleman from Illinois, chairman of the Committee of Elections, is recognized, under the unanimous instruc­tion of his committee, to move to suspend the rules .and pass the fol-lowing resolution. ·

The Clerk read as follows : Resolved, That the printing of the contested-election cases and the preparation

of such cases for ar~ent before the committee shall be continued during the ensuing vacation of Congress, under the rules and orders of the committee, and that the committee be authorized to retain their clerk during said time at the same rate of compensation.allowed during the session, t-0 be paid out of the contingent fund of the House.

Mr. CONGER. I ask whether that is reported by instruction of the committee Y

The SPEAKER. The gent leman from lliinois stated that it was the unanimous instruction of t he Committee of Elections, of which he is chairman.

Mr. SPRINGER. · Yes, sir; I have been instructed by the commit­tee to move to suspend the rules and pass the resolution a.a I have proposed. The gentleman from Ohio [Mr. KEIFER] on the other side will inform gentlemen over there that such is the fact.

Mr. KEIFER. That is the instruction of the Committee of Elec-tions.

The House divided; and there were-ayes 92, noes 40. Mr. ALDRICH, of Illinois. No quorum has voted. Mr. SPRINGER. I demand tellers. Tellers were ordered; and :Mr. SPRL.~GER and Mr. ALmµcn, of Illi­

nois, were appointed. The House again divided; and the tellers reported-ayes 104, noes 44. So (two-thirds having voted in the affirmative) the rules were sus­

pended and the resolution was adopted.

TREA.TY WITH l\IEXICO. Mr. WILSON. Mr. Speaker, I am directed by the Committee on

Foreign Affairs to report the fo11owing bill--The SPEAKER. What motion does the gentleman make in refer-

ence to the matter Y . Mr. WILSON. I move to suspend the rules and pass th.e bill which

looks toward a further treaty between the United States and Mexico. I ask that the report of the committee be read.

. The SPEAKER. That is in the nature of argument and deba~, and not in order.

Mr. TOWNSHEND, of Illinois. Has that Committee on Foreign Affairs authorized the gentleman to suspend the rules and pass the bill T

The SPEAKER. The gentleman from West Virginia so states. Mr. WILSON. I am directed by the Committee on Foreign Affairs

to make that report. The SPEAKER. That is not equivalent to the committee instruct­

ing the gentleman to move to suspend the rules and put the bill upon its passage on Monday.

Mr. WILSON. At the last session of Congre1:1s I was instructed to move to suspend the rules and put the bill upon its passage. The Committee on Foreign Affairs dm:ing the present Congress have adopted that report. There has been no formal authority given to me to move to suspend the rules.

The SPEAKER. The authority given to the gentleman probably was to report the bill when committees were called regularly for re­ports, but that authority would not give the gentleman the right to move to suspend the rules and put the bill upon its passage at this time. The committee demands for suspensions being concluded, the Chair recognizes the gentleman from Kansas.

ARMY APPROPRI.A.TIO:Y BILL.

Mr. RYAN, of Kansas. I move that the rules be suspended, and the bill (H. R. No. 2175) making appropria tionsfor the support of the Army for the fiscal year ending June 30, 1880, and for other purposes-the bill reported by the gentleman from Pennsywania [Mr. CLYMER] the other day-be put upon its passage at thjs time.

Mr. SPRINGER. Does that come from · the Committee on Appro­priations?

The SPEAKER. It does not. Mr. SPRINGER. Then I think we bad better pass the bill which

does come from the Committee on Appropriations. The SPEAKER. As far as the Chair is advised the committees which

have asked for suspension of the rules have now bad that opportunity and the Chair has recognized the gentleman from Kansas who is next entitled to be recognized.

Mr. ATKINS. I move the House do now adjourn. Mr. RYAN, of Kansas. The bill which I have moved to be passed

under a suspension of the rules is the bill reported by the gentleman from Pennsylvania, [Mr. CLYMER] a few days ago, word for word.

The SPEAKER. Does it contain everything in the bill reported by tihe gentleman from Pennsylvania, word for word as reported from that committee, restrictions and all T

Mr. RYAN, of Kansa-s. Everything, word for word, as printed. Mr. ATKINS. I move the House do now adjourn. [Laughter on

the republican side.] Mr. RYAN, of Kansas. That is equivalent to voting against the

bill.

The question being taken on the motion to adjourn, there were-ayes 92, noes 99.

Mr. ATKINS. I call for the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yea.a 105, nays 100, not

voting ~1 ; as follows :

Acklen .. Armfie1d , Atherton, Atkins Beale, ' Beltzhoo>er j Bicknell, Bliss, Bright, Caoell, Caldwell, Carlisle, Clardy, Clark, John B. Clymer, Cobb, Coffroth, Colerick, Converse, Cook Coverl, Cox, Cravens, David:Jon, Davis, Joseph J. Davis, Loundes H. Dauster,

Aiken, Aldrich, N. W. Aldrich, William .dnderson, Bailey, Baker, Barber, Bayne, Blake, Bouck, Bowman, Brewer, Briggs, Brigham, Burrows, Butterworth, Calkins, Cannon, Carpenter, Clafiln, Conger, Crowley, Culberson, Dag~ett, DaVlS, George R.

Bachman, Ballon, Barlow, Belford, Bingham, Blackburn, Bland, Blount, Boyd, Bragg, Browne, Buckner, Camp, Caswell, Chalmers, Chittenden, Clark, Alvah A. Cowgill, Crapo, Diok, Dickey,

YEAS-105. Dibrell, Dunn, Elam, Evins, Finley, Forney, Frost, Geddes, Goode, Gunter, Hammond, N. J. Harris, John T. Hatch, Henkle, Henry, Herbert, Herndon, Hill, Hooker, Hostetler, House, Hull, Hurd, Johnston, Keifer, Kenna, Kimmel,

King, Klotz, Knott, LeFevre, Manning, Martin, Benj. F. Martin, Edward L. McMahon, McMillin, Morrison, New, Nicholls, O'Connor, Persons, Phelps, Phister, Poehler, Reagan, Robertson, Rothwell, Ryon, John W. 8amford, Sapp, Sawyer, Scales, Simont-0n, Singleton, O. R.

NAYS-100. DeLaMatyr,

~=f Errett, Farr, Felton, Ferdon, Field, Fisher, Ford, Forsythe, Frye, Garfield,

~~:~ Hall, Hammond, John Harmer, Haskell, Hawk, Hawley, Hayes, Hiscock, Horr, Houk,

Humphrey, Jones, Joyce, Lowe, Marsh, Mason, McCoid, McCook, McGowan, McKinley, Mitchell, Monroe, Morton, Murch,

. Neal~ Newoerry, Norcross, O'Neill, Osmer, Overton, Pound, Price, Rice, Richardson, D. P. Robinson,

NOT VOTING-81. Dwight, Einstein, Ellis, Ewing, Fort, Gibson, Harris, Benj. W. Hazelton, Heilman, Henderson, Hubbell, Hunton, James, Jorgan.sen, Kelley, Ketcham, Killinger, Kitchin, Ladd, Lapham, Lay,

Lewis, Lindsey, Loring, Lounsbery, Martin, Joseph J. McKenzie, Mc Lane, Miles, Miller, Mills Money, Morse, Muldrow, Muller, Mvers, O'Brien, O'Reilly, ~ Pierce, Prescott, Reed.

So the motion to a-djourn was agreed to.

Slemons, Smith, Hezekiah B. Smith, William E. Sparks, Springer, Stealer. • Talbott, Taylor, Thompson, Tillman, Townshend, R. w. Turner, Oscar Upson, Waddill, Warner, Wellborn, Wells, Whiteaker, Whitthorne, Williams, Thomas Willis, Wilson, Wis Wriiiit.

Russell, WilliamA. Ryan, Thomas Shallenberger, Sherwin, Smith, A. Herr Stephens, Stevenson, Stone, Thomas, Townsend, .Amos Tyler, Updegraff, J. T. Updegraff, Thomas Urnei;, Valentine, VanAernam, Voorhis, Wait, Ward · Washburn, Weaver, Wilber, Williams, C. G. Yocum, Young, ThomasL.

Richardson, J. S. Richmond, Robeson, · Ross, Russell, Daniel L. Shelley, Singleton, J. W. Speer, Starin Tucke~, Turner, Thomas Vance, Van Voorhis,

;?lh~ Wood, Fernando Wood, Walter A. Young, Casey.

During the roll-call the following announcements were made: Mr. TALBOTT. My colleague, Mr. MCLANE, is paired with the

gentleman from Illinois, Mr. BOYD. Mr. YOUNG, of Tennessee. On this question I am paired with Mr.

'HENDERSON, of Illinois. Mr. COVERT. My colleague, Mr. FERNANDO Woon, is paired with

Mr. ROBESO:Y, of New Jersey. Mr. MULDROW. I am paired with the gentleman from New York,

Mr.DWIGHT. Mr. LEWIS. I am paired with the gentleman from Maassacbu­

setts, Mr. HARRIS. Mr. DAVIS, of North Carolina. My colleague, Mr. MARTIN, is

paired with my other colleague, Mr. KITCHIN. Mr. SAMFORD. My colleague, Mr. SHELLEY, ia paired with Mr.

MILLER, of New York. Mr. COFFROTH. . My colleague, Mr. BACHMAN, is paired with the

gentleman from Colorado, Mr. BELFORD. · Mr. BLACKBURN. I am paired with the gentleman from Ver­mont, Mr. BARLOW. If he were present, I should vote" ay." My colleague, Mr. THOMAS TuRNER, is paired with the gentleman from

•

1879. CONGRESSIONAL REOORD-SEN_,__~TE. 1879 Pennsylvania, Mr. WHITE. If Mr. Tum .. "ER were present, he would vote'' ay."

l\ir. MILLS. I am p aired with ?.Ir. FORT, of Illinois. If he were present, I would vote " ay.•

Mr. TOWNSHEND, of Illinois. My colleague, Mr. SINGLETOX, is paired with Mr. :MILES, of Connecticut.

Mr. McKENZIE. I am paired with Mr. HUBBELL, of Michigan. Mr. FINLEY. My colleague, Mr. DICKEY, is paired with Mr. ORTH,

of Indiana. If Mr. DICKEY were present, he would vote" ay." Mr. AIKEN. Mr. RICHARDSON is paired with Mr. CAl\IP, of New

York. Mr. MuLLER. I am paired with Mr. HEILl\IAN. If he were pres­

-ent I would vote" ay." :ri.ir. KING. My coileague, Mr. ELLIS, is paired with Mr. JORGEX­

SEN, of Virginia. Mr. POUND. My colleague, Mr. IIAzELTON, is paired with l\Ir.

BLOUNT, of Georgia.. If present, Mr. HAZELTON would vote " no." Mr. ALDRICH, of Rhode Island. My collea~ue, Mr. BALLOU, is

paired with Mr. HUNTON, of Virginia. Mr. STONE. Mr. STARIN, of New York, is paired with Mr. MONEY,

of Mississippi. ' Mr. FIELD. My colleague, Mr. HARRIS, is paired with Mr. LEWIS,

of Alabama. If present, Mr. HARRIS would vote '' ay." ?.Ir. BAKER. My colleague, Mr. ORTH, is absent from the House

by leave, and is paired with Mr. DICKEY, of Ohio. . Mr. BAILEY. My colleague, Mr. LOUNSBERY, is paired with Mr.

REED, of Maine. Mr. HARMER. My colleague, Mr. BINGHAM, is paired with Mr.

-O'REILLY, of New York. If present~ Mr.BINGHAM would vote "ay." Mr. FISHER. My colleague, Mr. DICK, is paired with l\Ir. LAY, of

Missouri. Mr. WILLIAMS, of Wisconsin. My colleague, Mr. CASWELL, is

paired with Mr. SPEER, of Georgia. · Mr. MARSH. Mr. YOUNG, of Tennessee, is paired with Mr. HEN­

DERSON, of Illinois. Mr. LAPHAM. On all political questions I am paired with the

gentleman from Virginia, Mr. TUCKER; and as this seems to be re­garded as a political question, I decline to vote.

Mr. ROBINSON. My colleague, Mr. MORSE, is paired with Mr. KELLEY, of Pennsylvania.

Mr. JOI;INSTON. My colleague, Mr." GOODE, is paired with Mr. ·TOWNSEND, of Ohio.

ENROLLED BILLS SIGNED. Before the result of the vote was announced, • Mr. WARD, from the Committee on Enrolled Bills, reported that

the committee had examined and found truly enrolled bills of the -Senate of the following titles; when the Speaker signed the same:

A bill (S. No. 516) to extend the time of special postal service until .service can be obtained by advertisement; and

A bill (S. No. 572) to amend an act approved February 24, 1879, entitled "An act to create the northern judicial district of the State of Texas, and to change the eastern and western jmlicial districts of said State, and to fix the time and places of holding· courts in said districts."

LEA VE OF ABSENCE.

By unanimous consent, leave of absence was granted in the follow­ing cases:

To Mr. DICK, indefinitely, on account of the dangerous illness of his ·wife· ·

To1Mr. WILBER, for ten days, on account of important business; and

To Mr. WALTERA. Woon, indefinitely, on account of sickness in his family.

WITHDRAWAL OF PAPERS.

The SPEAKER. The gentleman from South Carolina. [Mr. EVINS] .asks leave to withdraw from the files of the House certain vouchers in the contested-election case of Tillman vs. Smalls. When the re­quest was ori~inally made the gentleman from New Hampshire [Mr. BRIGGS] and the gentleman from Michigan [Mr. CONGER] objected; the Chair is advised that they withdraw their objection.

There being no further objection, the leave was granted. The result of the vote was then announced as above stated. And accordingly (at three o'clock and fifty-five minutes p. m.) the

Rouse adjourned.

PETITIONS, ETC. The following petitions, &c., were presented at the Clerk's desk,

under the rule, and referred as stated : By Mr. BREWER: Resolution of the Legislature of Michigan, fav­

oring the equalization of bounties-to the Committee on the Judi­·ciary.

By :rtlr.DIBRELL: The petition of citizens of 'fennessee, for a post­route from Solon, via Grassy Cove and C. G. Gibson's, to Robbsville, Tennessee-to the Committee on the Post-Office and Post-Roads.

By Mr. GARFIELD: The petition of l\irs. Louisia Pollock, for the -establishment of a free kindergarten in the cit y of Washington, Dis­trict of Columbia-to the Committee on Education and Labor.

By Mr. HASKELL : The petition of the heirs of Louis Frey, de­-ceased, late captain Twenty-eighth Ohio Infantry Volunteers, for

arrears of pay clue said decedent -to the Committee on Military Affairs;

By Mr. HENKLE: The petition of George W; Maher, for compen­sation for extra services on the committee placed in charge of the reserve vault in the Treasury Department of the Unit ed States from March 1, 1873, to.July 1, 1874-to the Committee of Claims.

By Mr. HOUK: P apers relating to the war claims of Ma sy Creek (Tennessee) Baptist College and of Wright French-t o the Commit­tee on War Claims.

By Mr. KLOTZ: Tbe petition of Joseph and Curolino Boll, for a. pension-to the Commit tee on Invalid Pensions. ·

By Mr. NEWBERRY: Hesolutions of the Legislature of Michigan, asking for an appropriation of condemned cannon to aid in t he con­struction of the Saratoga national monument-to the Committee on Military Affairs.

Also, resolution of the Legislature of Michigan, asking for an ad­propriation to improve the harbor at the mouth of t he river Au Sable, in Iosco County, Michigan-to the Committee on Commerce.

By Mr. O'CONNOR: The petition of citizens of South Carolina, reside1,1ts of Sullivan's Island, Charleston Harbor, for the restoration of Bowman's jetty, to save their property from encroachment and being washed away by the tides of the sea-to the Committee on Commerce. ·

By :!\Ir. O'NEILL : The petition of 8amuel B. Hutchinson, guardian, for restoration of a pension for the benefit of Mary A. Shurlock, his ward-to the Committee on Invalid Pensions.

By l\Ir. REAGAN: The petitions of S. W. Leigh and others and of Bush & Demlon Manufacturing Company and others, of New York City; of George Rice and others, of Macksburgb, Ohio; ofR. P. Jones and others and of G. C. Butts and others, of Mariet ta, Ohio; of William Ritfamhouse and others, of Browning's Springs, West Vir­ginia; of Parker's Oil Exchange and others and of Warren G. Gray and others, of Parker City, Pennsylvania.; of Moses Sweetser and others, of ·Par kersburgh, West Virginia ; of Fred. Koener and others, of Newell's Run, Ohio; and of John F. Vinal and others, of Volcano, West Virginia, for the appointment of a special committee to inves­tigate the charges of railroads on interstate commerce-to the Com­mittee on Commerce . .

By Mr. STONE : Resolution of the Legislature of Michigan, favor­ing the equalization of bounties-to the Committee on Military Affairs.

By Mr. WAIT: A bill for the improvement of Harlem River be­tween Randall's Island and Hudson River-to the Committee on Commerce.

By Mr. WELLS: Resolution of the Legislature of Missouri, favor­ing the passage of an act of Congress to allow the Fifteentu and Sixteenth Regiments Missouri Cavalry Volunteers a bounty-to the Committee on Military Affairs.

By Mr. WHITEAKER: The petition of the Astoria (Oregon) Cham­ber of Commerce, that certain lands granted the Oregon Central Railroad Company be declared forfeited and restored to settlement under existing laws-to the Committee on Public Lands.

IN SENATE. TUESDAY, June 10, 1879.

Prayer by the Cha.plain, Rev. J. J. BULLOCK, D. D. The Journal of yesterday's proceedings was read and approved.

ENROLLED BILL SIGll."ED. The PRESIDENT pro tempore signed the enrolled bill (H. R. No.

435) to correct an error in "An act making appropriations for the con­struction, repair, preservation, and completion of certain works on rivers and harbors, and for other purposes," approved March 3, 1879; which hacl previously received the signature of the Speaker of the House.

HOUSE BILLS REFERRED. The bill (H. R. No. 2002) making additional appropriations for the

service of the Post-Office Department for the :fiscal year ending June 301 1879, and June 30, 1 O, and for other purposes, was read twice by its title, and referred to the Committee on Appropriations.

The joint resolution (H. R. No. 66) legalizing the action of t he Presi­dent and the Secretary of War in sending rations and tents to the yellow-fever sufferers was read twice by its title, and referred to the Committee on Military Affairs.

PERSONAL EXPLA.i.~ATION. Mr. DAVIS, of Illinois. On the 28th day of April last, when thP

repeal of the provision in the sundry civil bill of the last Con~ress, relating to the Moline Water-Power Compan·y, was under cocsidara­tion, I said:

The Moline 'Water-Power Company had nothing to do with the insertion of this provfaion. It came from the hands of a member of the other House, who was on the conference committee, and who bas uniformly and persistently opposed making any appropriations for the benefit of the water-power there ana to carry out the contract.

I am satisfied now that this statement contained two errors of fact, and I cheerfully make the oorrection.