'1885. CONGRESSIONAL RECORD~SENATE. J365 of North Turner; of Charles E. Bramy and others, of Bingham, and of E. W. Tobey and others, of South Norridgewock, :Me. .

By Mr. RICE: Of George W. Clifford and others, ofWorcesterCounty; ofGoorge W. Danforth and others, of Spencer; and of E. L. Peck and othen~, of Westfield, Hampden County, :Massachusetts.

By 1\Ir. ·ROCKWELL: Of E. S. Elsbreeand 62 others, veterans; of Chicopee, Mass. .

By l\Ir. RYAN: Of361 citizens ofKansas. By!Ir. H. Y. SMITH: Of5~citizensofMacksburg, Madison County,

Iowa. By 1\Ir. STEVENS: Of 110 citizens of Youngstown, Niagara County,

New York. · . By Mr. STOCKSLAGER: Of E. _W. Coward and-169 others, citizens

of Charlestown; of James H. Bennett and 62 others, citizens of New Amsterdam; and ofJ. H. Hughes and 29 others, citizens.ofCharlestown, Ind. .

By Mr. E. B. TAYLOR: OfR. A. Gamble and 41 others, citizens of Trumbull County; of63citizensofGreensburg; of 58 citizepsofWind­son, Ashtabula County; of 70 citizens of Warren, and of Garrettsville, Ohio. ·

By M:r. THOMAS: Of 53 citizens of Union County, _of 63 citizens of Massac County, of 49 citizens of Johnson County, of 62 citizens of Pu­laski County, and of 25 citizens of Union County, illinois.

By ~Ir. MILO WHITE: Of citizens of Dover Center, Olmsted County; of Dresback, Winona County; of Canton, Fillmore County; of Spring Valley, Fillmore COunty; and of Plainview, Wabasha County, Minne­sota.

By l\Ir. JAMES WILSON: Of citizens of Benton County, of Linn County, of Johnson County, and of 434 names from T. Z. Cook Post, Grand Army of the Repn blic~ Cedar Rapids, Iowa. · ·

By Mr. E . . B. WINANS: Of Charles K West and 40 others, citizens of Williamston, Ingham County; of E. F. Lamb and 33 others, citizens of Mount Morris, ·Genesee County; of 63 citizens of Holly, and of 116 citizens of Oakland County, Michigan.

By Mr. WORTHINGTON: Of William H. Little and others, citizens of Stark County, . illinois.

SENATE.

· SATURDAY, February 7, 1885. Prayer by the Chaplain, Rev. E. D. HUNTLEY, D. D. The Journal of yesterday's proceedings was read and approved.

CREDENTIALS.

. The PRESIDENT pro tempore presented the credentials of William M. Evarts, chosen by the Legislature of New York a Senator from that State for the term commencing March 4, 1885; which were read and ordered to be filed. •

. PETITIONS Al\"'D MEMORIALS.

Mr. CAMERON, of Wisconsin, presented a joint resolution of the Legislature ofWisconsil:l; which was referred to the Committee on Com­merce, and ordered to be printed in the RECORD, as follows: Joint resolution requesting our Senators andRepresentati~esin Congress to aid

in procuring the purchase or the Portage Lake and Lake Superior Ship-Canal and the Portage Lake and River Improvement Company Canal by the General Government. Whereas the Senate of t·he United States has passed certain resolutions dated

Apri122, A. D.l88!, directing the Secretary of 'Var to procure information as to cost, condition, and value of the Portage Lake and Lake Superior Ship-Canal and the Portage Lake and River Improvement Company Canal;with a. view t{) a purchase of the same by the Government; • Whereas the holll)l"able Secretary of War selected Col. 0.1\I. Poe, of the United States Army, to make an examination under said resolution, and ad vise as to the desirability of purchasing said canals;

Whereas the Secretary has reported under this resolution, on the date of Jan­uary 5, A. D.l885, recommending that the Government should make said pur­chase and make those two ship-canals free. water ways to the commerce of the lakes; . . · 'Vhereas the tolls collected by these two canal companies are burdensome to the people of a large district who at·e supplied through these canals, and equally burdensome to the vessel interest and the commerce of the Northwest using t·hem; · ·

Whereas these canals form important channels that should be made free to the great commerce of theN orth Pacific country, as well as the local country doing busin~s w;ith tho~ growing Lake Superio! industries, and lessens the danger of nav1gat10n to thiS great .com.J?1erce passmg through Lake Superior, making at the enterance of the mam ship-canal a harbor of refuge that is needed just where the greatest danger tonavigation exists on this great lake: Therefore

Resolved ~Y Ute senate (the assembly concu?T~ng), Thut our Senators and Repre­sentatives m Congress be urged t.o nse theJI infiuence to procure such legislation by Congress as will effect the purchase of these-ctlnals and make them free water ways to the people of the region supplied by them and the whole commerce of Lake Superior and the Northwest.

.Resolved, That the governor be requested to forward one copy to each of our Represenl.a.tives and Senators in Congress, and one copy to the honorable the Secretary of 'Var.

STATE OF 'VLSCOYSU<, Department of State, ss:

To all to 1vhonl these presents sha!l come :

SAM. S. FIFIELD, . . President of fhe Senate.

IDRA:!\I 0. FAIRCHILD, Speaker of the Asse-mbly.

. I, Ernst T. Timm~, secretary of state of the State of Wisconsin, do heJ·eby cer­tify that the foregomg has been compared by me with the original in this office,

and that the same is a true and correct copy thereof, and of the whole of such original.

In testimony whereof, I have hereunto set my hand and.affi.xed my official 1>eal at the·capitol, in the city of 1\Iadison, this 3d day of February, in the year of our Lord 1885. ·

[sEAL.] ERNST G. TIMME, · Secretary of State.

Mr. CAMERON, of Wisconsin, also presented a memorial of ·the Legislature 'Of Wisconsin; which was referred _ to the Committee on Commerce, and ordered to be printed in the RECORD, as follows.: Memorial to Congress relating to Sturgeon Bay and Lake Michigan Shjp-Canal To t.he honorable the Senate and House of Representati'Ves

. of the United States in Congress assembled: -The memorial of the Legislature of the State of Wisconsin respectfully repre-

sents: · That the shipping and commercial interests tributary to our great chain of

lakes, and more especially the interests in Wisconsin, 1\iichigan, and Illinois, as well as the Fox and Wisconsin Rivers and their tributaries, require the proper maintenance of the Sturgeon Bay and Lake 1\lichiga.n Ship-Canal ; that it seems t.o us most desirable that the United States Government have full control of all

:~!t1~~ei~~r~~~o~~t: ~~~=:~ltt~~::~~~~~~~~m~lrt~~u~~~~ States demand that said caual be kept free for all navigation; that the said canal, together with the harbor improvements now maintained and projected by the General Government, forms a very necessary harbor- of refuge for the commerce of Lake Michigan : ·

Therefore, your memorialists would respectfully ask that the Uriited States Government take said Sturgeon Bay .and Lake Michigan Ship-Canal on the terms already agreed upon between the General Government and the owners of said canal, thereby causing it to be-made a free water way.

We request his excellency the gove.rnor of the.Sta.te to transmit a copy of the foregoing memorial to each of our Representatives in Congress, also one copy each to the governors of the States of illinois and l\Iichigan.

SAM. S. FIFIELD,

STATE OF WISCONSIN, Department of Stale, ss:

To all to whom these presents shall, come:

President of the Senate. HIRAl\I 0. FAIRCIDLJ),

Speaker of tlle Assembly.

I, Ernst G. Ti_mme, secretary of state of the State of 'Visconsin, do hereby cer­tify that the foregoing has beeri compared by me with the original in this office, and that the same is a true and correct copy thereof, and of the whole of such ~gind . .

Iu testimony whereof, I have hereunto set my hand and affixed my official seal, at the capitol, in the city of 1\Iadison, this 4th day of February • in the year or our Lord 1885.

[SEAL.) ERNST G. Til\li'IE, · &creta111 of State.

1\Ir. CAMERON, of Pennsylvania . . I present eighteen petitions, signed by_l,049 citizens of Allegheny Cityand other places in Pennsyl­vanhi. bordering on the Allegheny River, praying for an appropriation fo:r the improvement of that stream. I move that the petitions be re­ferred to the Committre on Commerce.

The motion was agreed to . Mr. CALL. · I present a preamble and resolution of the Board of

Trade of the city of Jacksonville, Fla., in the following language: .,Vhereas the Board of Trade or Jacksonville, Fla., knowing the benefits of the­

United States Signal Service reports an«! records to business men, and especially those interested in shipping matters and the culture of fruits and vegetables, and knowing the appropriations made by Congress for the Signal Service during some previous years have not been sufficient for the proper main\enance of that now indispensable service : Therefore,

Be it resolved, That _we most earnestly call on the members of Congress fx:om the State of Florida. to use their. votes and iufluence for adequate app_ropriatrons for t.he Signal Service, in order that it may. be conducted in a manner for the greatest possible benefit to the .agricultural, commercial, an_d public interests.

I move that the r~solution be referred to the Committee on Appro-priations. ·

The motion was agreed to. Mr. MILLER, ofNew.York, presented a petitionofbusiness r::en of

Oswego, N.Y., praying that the United Stares may acquire possession of the Portage Lake canals in the State of Michigan; which was re­ferred to the Committee on Commerce.

Mr. SABIN presented a petition of the Duluth (Minn.) Board of Trade, praying that the Government purchase the Lake Superior Ship­Canal, and the Portage Lake Improvement Canal, in the State of Michi­gan; which was referred to the Committee on Commerce.

REPORTS OF"COMMITTEES. Mr. PLATT, from the Committee on Patents, to whom was referred

the bill (S. 2585)"for the relief of James Albert Bonsack, of the State of Virginia, reported it withcmt amendment, and submitted a report thereon. · ·

Mr. MILLER, of California. The Committee on Foreign Relations instruct me to report back the bill (H. R. 737) for the relief of Juliet Leef, widow, and the heirs of Henry Leef, deceased, owner of the bark !riary Teresa, illegally seized by Alexander H. Tyler, consul of the United Stares at Bahia, Brazil, and to ask to b~ discharged from its fur­ther consideration, and that it be referred to the Committee on Claims, it having been improperly referred to the Committee on Foreign Rela-tions. ·

. Mr. HOAR. That matter was considered by the Committee on Claims during the last Congress. It presents a very iuiportant and interesting public question. I do not think the Committee on Claims will have time to consider it during the present session, and it is utterly hopeless to expect it to be considered by the Senate, much less by the two Houses and the President. I, therefore, instead of having the bill referred to

1366 CONGRESSIONAL RECORD-SENATE. FEBRUARY 7,

the Committee on Claims at this time, suggest that it lie upon the table with tlie purpose of having it brought forward in the next Congress and referre<l. . .

1\Ir. :MILLER, of California. I am instructed by the Committee. on Foreign Relations to ask that the bill be referred to the Committee .on Claims.

The PRESIDENT pro tempore. Is there o~jection to the Committee on Foreign Relations being discharged from the further consideration of the bill? · The Chair hears none. The Senator from California moves that the bill be referred to the Committee on Claims.

1\lr. l\fORGAN. Does the Senator from Massa.chuse~ resist the motion?

Mr. HOAR. I made a motion that it lie on the table. Mr. MORGAN. The claim was reported upon by my former col-

league in the Senate, 1\Ir. Pryor, favorably, as I remember. , Mr. HOAR. No; he made a minority report. It is not important

enough to take tbe time of the honorable Senator from Alabama or of the Senate. It is a matter upon which the Committee on Claims were divided. It presents a very important questi~n, a question which will lead to a long debate in the Senate. My suggestion was that as it is so late in the session the bill had better lie on the table, to be brought forward at.the beginning of the next Congress and duly referred.

1\Ir.l\fORGAN. I hope the Senator.will postpone that motion until the arrival of one of the Senators from Maryland, at all events. They take a great interest in the.claim.

Mr. HOAR. I will withdraw the motion and let the bill go to the Committee on Claims. It will amount to the same thing, practically.

Mr. MILLER, of California. It is a House bill, and if it should re­ceive the favorableactionofthe Committee on Claims at this session 1t may become a law. ·

The PRESIDENT pro te1npore. The Chair will state that the refer­ence of the bill•to the Committee OQ. Foreign Relations was made under the impression that at some former session the matter had been in that committee and there considered. The Chair was proJ,>ably mistaken. The question now is on referring the bill to the COmmittee on Claims. That order .will be entered, if there be no-objection.

Mr. VEST, from the Committee on Commerce, to whom the subject was referred, reported a bill (S. 2621) to authorize the construction of bridges across the Great Kanawha River below the falls, and to pre­scribe the dimensions of the same; which w~ read twice by its title.

He also, from the same committee, to whom was .referred the ~ill (S. 1441) to authorize the con.%ruction of bridges across the Great Kana.wha, and to prescribe the dimensions of the same, reported adversely thereon;. and the bill was pOstponed indefinitely.

Mr. VOORHEES, from the Committee on the Library, reported an amendment intended to be proposed to the sundry civil appropriation bill; which was referred ro the Committee on Appropriations, and or-dered to be printed. . • Mr. MORGAN, from the Committee on Foreign Relations, to whom was referred the bill (S. 2611) to revive and amend the act of Congress of August 15, -1876, to encourage and promote telegraphic.communica­tion between America and .Asia, reported it with amendments.

1\Ir. PENDLETON. I am instructed by the Committee on Foreign Relations, to whom was referred the bill {H. R. 1004J relative to the Chinese indemnity fund, to report it without amendment. I am di­rected also to say to the Senate that, under the instructions of the com-

• mittee, I shall take th~ first convenient opportunity that the Senate may have to ask for its consideration.

1\fr. MILLER, of New York, from the Committee on Agriculture and Forestry, to whom was referred the bill {H. R. 1457} to ~tablish a Department of .Agriculture, reportM it with an amendment.

TESTil\IONIALS TO ULYSSES s.· G~ANT. Mr. SHERMAN. The Committee on the Library, to which was re­

ferred the message of the President of the United States transmitting the offer made·by Urs. Grant to give to the Government in perpetual trust the swords and military and civil testimonials lately belonging to General Grant, have had the same under consideration, and directed me to report a joint resolution accepting the gift. .As it is a matter which I presume will receive the assent of every Senator, and ought to be acted upon ·promptly in order to do it graciously, I ask for the pres­ent consideration of the joint resolution.

The joint resolution {S. R. 119) accepting the gift of William H. Van­derbilt and Julia Dent Grant, wife of IDysses S. Grant., to the United States of certain articles was read twice by its title.

Th& PRESIDENT pro tempore. The Senator from Ohio asks unani­mous consent that the joint resolution be now considered. Is there ob­jection? The Chair _hears none. . T~e joint resolution is before the Senate as in Committee·of. the Whole, and will ~e read . •

The Chief Clerk read the joint resolution, as follows: "Whereas William H. Vanderbilt. and Julia. Dent Grant have by deed of trust

executed on the lOth day of January, 18851 presented to the United State certain swords, medals, paintings, bxonzes, porh-a1ts, commissions and addresses, and ob­jects of value and e.rt presented by various governments in the world to General IDysses S. Grant, as tokens of their high appreciation of his illustrious charac-ter as a. soldier and a statesman : Therefore, . ·

Be it re&olvedby th~ SenateandHou.seof Representativesojthe United State& of .Amer­ica in Oongre.ss assembled, That the United States accept the said propertyandar-

· ticles, more fully described in the schedule attached to said deed of tl'U.It, to lie held by the United States and preserved and protected in the city of WRShing­ton fortheuseandinspection ofthepeopleofthe United States. And the thanks of f'..ongress are hereby tendered to the said William H. Vanderbilt and Julia Dent Grant for their generous and valua.ble gift. 1

Resolved, That the said property and articles are placed under the custody of the Librarian of COngress; and the Secretary of War is hereby directed tor~ ceive the same for safe-keeping and cnstody in the Department of War •mtil they can be transported by the Librarian of Congress to a suitable buildil: g to be provided for the use of the Libracy of Congress.

The joint resolutio1;1 was reported to the Senate Without amendment, ordered to· be engrossed for a third reading, read the third time, and passed. ·

The preamble was agreed to. PUBLiCATION OF TREATIES.

Mr. 1\flLLER, of California, from the Committee on Foreign Rela­tions, reported the following concurrent resolution; which wasrefe-qed to the Committee on Printing:

Ruolved by the Senate (the House of .Representaliues concurring), That there be printed 9,500 additional copies of. the Treaties and Conventions transmitted to the Senate. by the President in his message of Jarnuary 23, 1885, of which 1,500 copies shall be for the use of the Senate ; 3,000 copies for the use of the House; 4,000 copies for the use of the Department of State ; and 1,000 copies for distribu­tion, by the Department of the Interior, among public libraries not depositories under existing laws, each Senator, Representative, and Delegate in Oongress to designate two libraries to whom copies of the work shall be thus sent. And the Public.Printer is also authorized to· print. and have bound 2,000 additional copies to be sold at actual cost and 10 per cent. added.

CHANGE OF N A:llE OF A BANK.

Mr. MORRILL: I am directed by the Committee o;n Finance, ro whom was referred the bill (S. 2594) to change the name of the Manu­facturers' National Bank of New York to the M~anufacturers' National Bank of Brooklyn, N.Y., to report i~favorably.

Mr. LAPHAM. I ask for the pr~nt consideration of the bill. By·unanimous consent, the .Senate, as in Committee of the Whole,

proceeded to. consider the bill. . The bill was reported to the Senate without amendment, ordered to

be engrOssed for a third reading, read the third time, and passed. PETE.:& RILEY AND JOHN S. WILLIAMS.

Mr. PLUMB. I should like at this time, as a matter of personal con­venience, to ask unanimous consent to have two bills, which have been heretOfore reported adversely and postponed indefinitely, placed upon the Calendar. The first is the bill (S.1443) for the relief of Peter Riley; which was reported yesterday adversely from the Committee on Pen­·sions, and the other is the bill (S. 2010) for the relief of John S. Will­iams, which was reported adversely on Tuesday.

The PRESIDENT pro tempore. The Senator from Kansas asks unan­imous consent that the vote of the Senate heretofore taken indefinitely postponing the bill {S. 144.3) for the relief of Peter Riley, be reconsid­ered, and that the bill, with the adverse report of the committee, be placed on the Calendar. Is there objection? The Chair hears none, and it is so ordered. •

He also asks unanimous consent that the vote of the Senate hereto­fore taken indefinitely postponing the bill (S. 2010) for ;the relief of JohnS. Williams be reconsidered, and that the bill with the adverse report be pla~ed on the Calendar. Is ~here objection? The Chair hears none, and it is so ordered.

ORDER OF BUSINESS.

Mr. CAMERON, of Pennsylvania. I ask unanimous consent at this time that the Senate proceed to the consideration of the bill (H. R. 5670) to authorize a re~ed-list for private and non-comm.issioned offi­cers of .the United States Army who have served for a period of thirty years or upward. ·

The PRESIDENT pro tempore. Is there objection to the request of the Senator from Pennsylvania that the bill named by him be now con­sidered?

Mr. ·COCKRELL. There are qltite a number of House bills upon the Calendar which could be very readily disposed of.

Th«) PRESIDENT pro tempore. .It is the·.duty -of the Chair to say that debate is not in order. · ·~Ir. COCKRELL. Can ,the motion be amended?

The PRESIDENT pro tmnpore. The Senator from Pennsylvania asks for unanimous consent, which is all he can do at· this time.

1\ir. COCKRELL. I sug est to the Senator from Pennsylvania to move to take up House bil.Ls on the Calendar not reported adversely, and let them be considered one after the other.

Mr. CAMERON, of Pennsylvania. ?lfr. President-The PRESIDENT pro tempore. The Chair will state that debate is

not in order. Is there- objection to the request of the Senator from Pennsylvania? . .

Mr. HOAR. I rise to a parliamentary inquiry of the Chair. Is the morning business over?

The PRESIDENT pro tempore. The morning business is not over, and the Senator from Pennsylvania asks unanimous consent that the bill, the t.itle of which he has stated, be now considered. Is there ob-jection? ·

Mr. SHERMAN. I should like to have a resolution of three lines passed.

. '

1885. CONGRESSIONAL RECORD-SENATE. 1367 The PRESIDENT pro tempore. Debate is ·not in order. Is there

objection to the request of the Senator from P~nnsylvania? Mr. HOAR. I object. The PRESID.ENT pro tempore. Objection is made. Mr. IlOAR. I shall object until the morning busi.ness is over.

HOUR O'F DAILY MEETING. • The PRESIDENT pro tempore. ''Concurrent or other resolutions"

being in order, the Chair lays before the Senate a resolution offered yesterday by the Senator from Ohio [Mr. SHERMAN], which will be read.

The resolution was read, as follows : .Re&olved, That on and after Monday, February 9, the hour of meeting of the

Senate shall be 11 o'clock a.m., unleSs otherwise ordered, and the morning hour shall expire at 1 o'clock.

The PRESIDENT pro tempo1·e. The question i<J on agreeing to the. resolution.

Mr. COCKRELL. I should like to ask the Senator from Ohio if he does not think it is a little too early for us to begin our sessions at 11 o'clock. It interfer~ materially with all the committee wo:rk of t~e Senate. .

Mr. SHERMAN. There are but eighteen working days remaining of the session in which to dispose not only of the vast number of appro­priation bills, but of other important bills. It iB a question for the Senate to determine. I think it iB time that we should Qegin to meet at 11 o'clock. I may state that it is about the usual time in the session for the Senate to meet at 11. · •

The PRESIDENT pro tempore. The question is on agreeing to the resolution.

'f.'he resolution was agreed to. COUNT OF THE ELECTORAL VOTE.

1\Ir. HOAR. I move that the President of the Senate be authorized to appoint two Senators to be tellers on the part. of the Senate, in ac­cordance with the concurrent resolution adopted by the two Houses, to make a, list ofthe votes for President and Vice-President of the United States as they shall be declared when the two Houses assemble at 12 o'clock on the 11th of February, 1885. · The PRESIDENT pro te-mpore. The Senator from Massachusetts

moves that the President of the Sena.te be authorized to appoint two ' tellers on the part of the Senate, provided for in the concurrent resolu­

tion of the two Houses on the subject of counting the votes for Presi­dent and Vice-President of the United States. Is there objection to the present consideration of the motion? The Chair hear none. The question is on agreeing to it.

The motion was agreed to. JAMES W. TEBBS.

Mr. VOORHEES submitted the following resolution; which waste-; ferred to the Committee to Audit and Control the Contingent Expenses of the Senate: -

Resolved, That the Secretary of the Senate be.J and be is he~eby, authorized and directed to pay out of th~ contingent fund ot the Senate the sum of $1,696 to James W. Tebbs, as the residue of his salary as messenger from May 5,1879, to November 30,1883.

. MESSAGE FRO::\I THE HOUSE.

A message from the House of Representatives, by Mr. CLARK, its Clerk, announced that the House had passed ihe following bills:

A bill {S. 475) granting arrears of pension to Emily Agnel; A bill (S. 750) granting a pension to Catherine Schools; and A bill (S. 1823) granting a. pension to Ebenezer K. Marden. The message also announced that ~he House had passed the follow­

ing bills; in which it requested. the concurrence of the Senate: A bill (H. R.1856) granting a pension to Caroline Higgerson; A bill (H. R. 1901) .for the r.elief of Harrison-:M:itchell, ·· Iate of Com-

pany K, Forty-eighth Indiana Volunteers; . A bill (H. R. 2804) for the relief of Cynthia Martin and Catharine

Stover; A bill ~H. R. 4280) to increase the pension of Mrs. Ma,rtha C. Breese; A bill H. R. 4869) for the relief of Morris Geld; · A bill H R. 5086) for the relief of Elizabeth W. Creighton; . A bill (H. R. 6029) for the relief of Jeremiah McCIIDY; A bill ~H. R. 6177) for the relief of Charles W. Gl'een; · A bill H. R. 6310) granting a pension to Benjamin P. Lowell; A bill H. R. 7170) for the re).i~f_of Frederick Rutten; A bill H. R. "7292) to increase the pension of Jacob Wiener; A bill (H. R. 7334) gt:anting a pension to Judson Bostwick; A bill (H. R. 7434) granting a. pension to Sylvester· Greenough; A bill (H. R. 7447) granting a pension· to Sebert Toney; . A bill (H. R. 7538) granting an increase of pension to l\fa.ry F. Blake; A bill (H. n. 7573) granting a pension to David McKinney; A bill (H. R. 7618) granting a pension to Harry H. G. Kislingbury,

Walter F. Kislingbury, Wheeler Schofield Kislingbury, and Douglas E. L. Kislingbury, respectively, children of the late Frederick F. Kis- . ling bury, a lieu tenant in the Eleventh Regiment United S~tes Infantry;

A bill ~H. R. 7696) granting a pension to Thomas D. Fitch; A bill H. R. 7735) for the-relief of Henry A. Huggins; A. bill H. R. 7903) granting a pension to Daniel B. Randall; A bill H. R. 7933) granting a pension to Henry Biedirbick;

A bill (H. R. 7938) granting a pension to Amanda Allen; A bill (H. R. 7952) granting a pension to :Mrs. Julia Hartley; and A bill (H. R. 7997) to inc~ea.se the pension of 1\Iary E. Fillebrown.

ENROLLED BILLS SIGNED.

The .message also announced that the Speaker of the ·House ·had ~igned the following enrolled bills; and they were thereupon signed by the President pro tempore: · r.·~­. A bill (s~ 674) to authorize the purchase of additional grounds for the United States court-house and post-office building at Springfield, ill.; and ·

A bill (S. 2168) for the relief of the executrix of Ayres P. Merrill •

ORpER OF BUSINESS.

Mr." CAMERON, of Pennsylvania. I now renew my request, and I hope there will be no objection to it,. to take up the bill (H. R. 5670) to authorize a rewed-list for privates and non-commissioned officers of the United States'"' Army who have served for a period of thirty yeat:S or upward. ·

The PRESIDENT pro tempore. Is there objection to the request of the Senator from Pennsylvania?

Mr. CAMERON, 'of Wisconsin. I ask unanimous consent to be al­lowed to ·make a, suggestion in regard to the conduct of business.

The PRE£IDENT. pro tempore. The Senator from Wisconsin asks unanimous consent to be allowed to submit observations upon this re­quest and-the subject of pending business, Is there objection? The Chair hears none. The Senator from Wisconsin.

Mr. CAMERON, of Wisconsin. The suggestion I desire to make is that hereafter during the remainder of this session, when the Senate proceeds to the consideration of bUsiness during the morning hour un­der the eighth rule, it shall take up and consider Honse bills favorably reported and pension bill~. · .

Mr. COCKRELL. Let that be done this morning. 111:r. CAMERON, ofPennsylvahia. I ask unanimousconsenttoma.ke

a statement. The PRESIDENT pro tempore. Tlie Senator from Pennsylvania asks

unanimous consent to be heard upon this matter. Is there objection? Mr. HARRIS. I desire to ask the Senator from Pennsylva,nia., if the

Senate will allow me, if the bill he refers to is a House bill? Mr. CAMERON, of Pennsylvania. It is a"House.bill, reported unani­

mously from the Committee on Military Affail"f'!. The PRESIDENT pro tetnpore. Is there ob;;ection to the Senator from ·

PennRylvania being heard upon this question? Mr. ~NGALLS. Is the order of morning business ~oncluded? The PRESIDENT pro tempore. It is not. 11r. INGALLS. I object. The PRESIDENT pro tempore. Objection iB made. Is there objec·

tion to the request of the Senator from Pennsylvania. that the bill be now considered? •

Mr. CAMERON, of Wisconsin. I shall object: The PRESIDENT p1·o tempore. Objection is made. ''Concurrent or

other resolutions'' are still in order. Mr. CAMERON, of Pennsylvania. I ask unanimous consent to

make a statement. . . • The PRESIDENT pro tempore. Objection has just been made to that. Mr. CAMERON, of Pennsylvania. Not to that, I believe. The PRESIDENT pro tempore. That is what the Chair asked for.

".Concurrent or other resolutions" are still in order. [A paU$6.] 1\Ir. CAMERON, of Pellll.SYlvania. I am informed by Senators on

the floor that the morning business is now over. The PRESIDENT pro tempm-e. Not yet. Are there further "con·

current or other resolutions?" If there be none that order is closed. ARMY RETffiED-LIST FOR PRIVATES.

Mr. CAMERON, of Pennsylvania. Now is it proper for me to make my request?

The PRESIDENT pro tempore. The Senator from Pennsylvania. :Mr. CAMERON, of Pennsylvania. I renew my motion .

. The PRESIDENT pro tempm-e. The Senator from Pennsylvania moves that the Senate proceed to the consideration of Qfder. of Busi­ness 1080, being the bill (H. R. 56'70) to authorize a retired-list for privates and non-commissioned officers of the United St&.tes Army who have served for a period of thirty yeats. and upward. The ques­tion is on agreeing to the motion. (Putting the question.] The noes appear to have it:

11-Ir. CAMERON, of Pennsylvania. I call for a division. The question being put, there were on a division-ayes 27, noes 4;

no quorum voting. Mr. HAWLEY. I call for the yeas and nays. The yeas and nays were ordered. Mr. HOAR. I think if the Senate will divide again there will be a

quorum, if the Chair will ask unanimous consent for that purpose. The PRESIDENT pro tempore. If there be no objection, the Chair

will put the question again. The Chair hears no objection. The question being agaiu. put, there were on a division-ayea 33,

noe.S 2; no quorum voting. Mr. SHERMAN. I ask for the ye38 and nays. The yeas and nays were ordered.

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1368 CONGRESSIONA~ RECORD-SENATE. FEBRUARY 7,

Mr. CAMERON, of PennsylYania. Before the yeas and nays are t3ken I wish to say-

The PRESIDENT pro tempore. Debate is ~ot in order. Mr. CAMERON, of Pennsylvania. I ask unanimous consent to say

three or four words. The PRESIDE~T pro tempore. The Senator from Pennsylvania asks

unanimous consent to be heard. Is there objection? 1\Ir. COCKRELL. Will the Senator yield a moment? 1\Ir. CAMERON, of Pennsylvania. Yes, sir. Mr. COCKRELL. Let the vote be taken viva 'Voce again. The PRESIDENT p1:o tempore. The Senator from Pennsylvania

asks unanimous consent to make a statement. Is there objection? The Chair hears none, and the Senator from Pennsylvania will pro­ceed.

Mr. CAMERON, of Pennsylvania.. I simply wish to state to the Sen­ate that I shall be compelled to leave the city on }fonday, and I am extremely anxious to have this bill taken up and diSposed,of before I go. If I were to return in a week I should not care about pressing the bill now, but I may be gone longer, and I the~efore ask the indulgence of the Senate ·to consider this. bill now, which I think will not occupy more than.ten minutes of time.

Mr. HARRIS. I ask unanimous consent to be allowed to occupy half a minute.

The PRESIDENT pro tempore. Is the~e objection to the Senator froJD Tennessee being allowed to make a statement? The Chair hears none.

Mr. HARRIS. Under thecircumstances stated by the Senator from Pennsylvania, as far as I am concerned, I will cheerfully consent to the consideration of the bill to which he refeTs, but I desire to give notice here ahd now that unless the suggestion of the. Senator fr~m Wiscon­sin is agreed to by theSenate, Iwillfromthistimeonobjecttothecon­sideration of every House bill on the Calendar that is not regularly Teached, and I will vote against the c~nsideration of eveq bill on the Calendar until the Calendar of House bil1s favorably rel?orted can -be taken up in their order and disposed of. . .

The PRESIDENT pro tempore. On the question whether this bill s1lall be taken up for consideration the yeas and nays ba ve been ordered. The Secretary will call the roll.

The yeas and nays were taken. Mr. CULLOU. I am.requested by the Senator fromNodh Carolina

[Mr. RA...'I'\SOM] to state that he is ill and will not be in his seat to-day, and be and my colleague [Mr. LOGAN] are paired. ·

The result was announced-yeas 4-4, nays 3; as follows:

Allison, Bayard, Beck, Blair, Bowen, Oall, Ca.meron of Pa.., ·colquitt, Conger, Cullom, Dolph,

Edmunds, Fair, Frye, Garland, George. Groome, HaJe, Hampton, HarriS, Harrison, Hawley,

Cameron of Wis., Cockrell,

YEAS--44. Hill, Hoar, Ingalls, .Jackson, Lapham, McMillan, l\Ia.xey, l\Iillcr of Cal., Miller of N. Y., Mitchell, Morgan,

NAY8-3. Slater.

ABSENT-20. Aldrlcb\ Gibsou, McPherson, Brown, Gorman, Mahone, · Butler, .Jonas, Manderson, CJamden, .Jones of Florida, Palmer, Chace, .Jones of Nevada, Plumb, Coke, Kennn, Pugh, Dawes, Lamnr, Ransom, Farl~y, Logan, Riddleberger,

1\Iorrill, Pendleton, Pike, Platt, Sabin, Sawyer, Sherman, Van 'Vyck, Vest, Voorhees, Wilson.

Saulsbury, Sewell, Vance, \Valker, \Villiams.

So the motion was agr~d to; and the. Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. 5670) to authorize a retired­list for privates and non-commissioned officers of the United States Aimy who have .served for a period of thirty years and upward.

It provides when an enlisted man has served as such thirty years in the United ifates Army or Marine Corps, either as a private or as a non-commiss10ned officer, or both, he shall, by making application to the President, be placed on the retired-list created by it, with the rank held by him-at the date of retirement; and he is thereafter to receive 75 per cent. of the pay and allowances of the rank upon which he was retired. ·

~h·. BAYARD. Is there any report accompanying that bill? Ir. CAMERON, of Pennsylvania,, There is a short House report.

The PRESIDENT pro tempore. There is a report from a committee of the House of Representatives as the Chair is told, whicn came over with the papers. · ·

1\Ir. C.LLl\iERON, of Pennsylvania. It was adopted by the Senate committee.

Mr. CAMERON, of Wisconsin. Let it be read. TheChiefClerkread the following report, submitted by1tir. LYMAN,

from the Committee on Military Affairs ~f the House of Representa-tives; Uarch 4, 188'1: ·

'l'bc Committee on Military Affairs, to whom was :referred the bill (H. R. 5670)

for the retirement of non-commissioned officers and enlisted men, submit the following report:

Sometlling is needed to give greater stability and a better standing to the en­listed man in. our. military service. If he could feel that he would have n. proper provision for his old age he would be more likely to support the monot­onous life of the senrice contentedly.

Were such a urovision made, it would go far to make our miHtary ~1·vice an attractive one tOr respectable men, and in this'way to get rid of the di reputa­ble characters, who take the firs£ opportunity to desert.

n is smrcely necessary to say that desertion is not only o. great loss to the Government in men, money, and material, but it is the source of seriou de­moralization.

The annual desertions from our Army are between three and four thousan6, and anl" measure that would lessen this number might well be considered an economical one; but beyond the question of economy stands that of justice. For it is no more than just t.bat the soldier who has given all the be t years of his life to the military ervice of the country should have some pro,·ision made for his old age b~ide the pre ent Soldiers' Home, where he is separated from his family. ·

It is the opinion of the Lieutenant-General of the Army that thirty years would be the proper period of en· ice to authorize the retiremont of a private soldier or a non-commissionec..l officer. The passage of this bill would not entail much expense for the Government, because there nre in the Army only fifty enlisted men who ha>e served thirty years.

Your committee therefore adYise the passage of the accompanying.bill as a. substitute Tor bill H. R. 1040.

The bill was rep(>rted to the enate without amendment, ordered to a third reading, and read the thiTd time.

Mr. SAULSBURY. I should like to have the yeas and nays on the question of the passage of the bill. For one I do not hesitate to say · that I am opposed to the creation of so many retired-lists in this coun­try. The people of this country n.re aU alike. · I do not see why men engaged in the military service should be put upon retired-lists to be suppo~ after a certain period by the taxes drawn from the people any more than any other class of worthy citizens. I think we are do­ing wrong in creating these life pensions by retirement and otherwise that saddle upon the people of this country such a large number of per­sons who are to be .supported by taxes paid by the people. I shall vote against the measure. . .

The PRESIDENT pro tempore. On the passage of the bi11 the • enn.­tor from Delaware demands the yea5 and nays. .

The yeas and nays were ordered. Mr. HOAR. I should like to ask my honorable friend from Dela­

war.e what be would do with soldiers who had served in the United States Army thirty years. ·

~1r. SAULSBURY. I would pay them for the services which they rendered at the time, and I would treat them as I would treat ~ny other

·man engaged in 'the public service, just as I would treat the Senator from Massachusetts, pay him for his services while in the public service aud when he retired from the public service of his own will I would make. him do as other men do, provide for himself.

Jtlr. HOAR. You will discharge the soldier, I ~uppose, if he was disabled at the end of thirty years?

Ur. MAXEY. :Mr. President, a few years ago we had a bill of like character to the one now before the enate up for consideration, and ~\fter very considerable debate the bill passed the Senate, receiving the approbation, I believe without a call of the ye~ and nays, of the entire Senate.

The theory on which the Committee on :Military Affairs of the Sen­ate made that·report is veq clear. There is a great spirit of jealousy on the part of the men ip the Army that officers drawing high pay are placed on the retired-list after they become worn out in the service, while th~ soldier who has served equally as honorably and faithfully

-in his more humble position is left in his old age without protection. ""We thought that it was not right; we thought that the same reason

applied in the one case as the other, and that bill passed the Senate. It contains some few words--I have not the bill before me, but I drew it myself-requiring that those retired should have served honorably and continuously. The word "honorably" is not in this bil1, as I think it ought to be. It was found after investigation that there were quite a number of cases where a man had served his term of enlistment a.nd after being out a few weeks re-enlisted. That class would be cut out 1mder the old bill. For that reason the word "continuously" is left out of the present bill. · ·

If-the theory be correct that a military officer who has devoted his whole time to th¥Crvice of the country should be provided for by the Government, I can see no reason why that should not apply to the private soldier and to the non-commissioned officer precisely as to the ·commissioned officer. I can see no rea on for the difference.

It is a well-known fact-perhaps Senators have had their a.ttention called to it-:-that desertions have got to be alarmingly common all through the Army. '.rhere is loud complaint of the frequency of deser­tions. :Many plans have been presented by officers of the Aimy to en­deavor to prevent these continual desertions in the Army. It is. my opinion as a member of the Military Committee, and I think the entire committee agree in that idea, that if we show by act of Congress our determination to take care of these old men after they have honorably

. and faithfully served their country for that long period of time, it will be a great incentive to men to remain in the service and not desert; and therefore we thought it was not only a good thing in itself to do, be­cause to-day a. vast amount of expense is incurred by enlisting men, having them desert, . and having to send details for the purpose of ar-

1885. CONGRESSIONAL R.ECORD~SENATE. I-369 resting and trying them, but that all things considered, as these points were presented on the former bill which was satisfactory to the Sen­ate, this bill should be accepted, being practically the same as the one· formerly passed by the Senate. · .

The PRESIDENT pro tempore. The que8tion is,.Shall the bill pass? The Secretary proceeded to call the r9ll. . Mr. FRYE (when hisnamewascalled). I am paired withtbejnnior

Senator from Louisiana [Mr. GIBSOY], who is detained froni the Sen­ate by sickness in his family; but under the pair I feel at liberty to vote on a question like this.

Mr. HARRISON (when his name was called). I am paired gener­ally with the Senator from Louisiana [Mr. JONAS], but feeling at lib­erty to vote ou a question of this kind, I vote. " yea."

The roll-call having been concluded, the resuH was announced-yeas 37, nays 5; as follows:

Allison, Beck, Blair, Call, Cameron of Pa., Cameron of Wis.,· Conger, Cullom, Dolph, Edmunds,

Coke, . Colquitt,

Fair, Frye, Garland, Groome, Hale, Hampton, Harrison, Hawley, Hill, Hoar,

Harris,

.Aldrich~ Farley, Baya•d, George, Bowen, Gii;)son, Brown, Gorman, :Rutler, .Jonas,

YEAS-37. Ingalls, .Jackson, Lapham, McMillan, 1 Mahone, Manderson, Maxey, Miller of Cal., 1\Iiller of N. Y.,

. 1\fitchell, NAY8-5.

Saulsbury,

ABSENT-34. Logan, McPherson, Palmer, Pike

Camden, .Jones of Florida, Plumb, Pugh, R~nsom, Sabin,

Chace, .Jones of Nevada, Cockrell, Kenna,

. Dawes, Lamar, Sewell, So the bill was passed.

FEES IN PE.XSION CASES.

1\lorgnn, Morrill, Pendleton, Platt Riddle berger, Sawyer, Sherman.

Vest.

Slater, Vance, Van 'Vyck, Voorhees, 'Va.lker, 'Villiams, 'Vilson.

Mr. JACKSON. I move that the bill (S. 2511) -relating to claim agents and attorneys in pension cases, passed yesterday with amend­ments, be printed as passed. ·

The PRESIDENT pro tempore. · The Senator from Tennessee Ip.Oves that the bill named by him which passed the Senate yesterday be printed as passed. ·

The motion was agreed to. PRIVATE PENSION BILLS.

Mr. BLAIR. It may as well be passed over informall.r. It is a case in which certain further evidence is really necessary and the man him­self is dead. The Senator interested in the bill had • hoped that it might be available, but I suppose the result will be its indefinite post­ponement in the end. Let it be passed over for the present.

The PRESIDENT pro tlmipore. · The Senator from New Hampshire asks that this bill be passed over, retaining its place on the Calend~r. Is there. objection? The Chair hears none. ~

SIMPSON HARRIS. The bill (H. R. 433) to increase the pension ·of Simpson Harris, was

considered as in Committee of the Whole. It directs the Secretary of the Interior to increase the pension of Simpson Harris, a. soldier of the war of 1812, and who now holds pension-certificate numbered 3706, to $50 per month.

1\fr. COCKRELL. Is there a 1·eport in that case,? .. The PRESIDING OFFICER (Mr. INGALLS in the chair). The

report will be read. . The Secretary read the following report, submitted by Mr. COLQUITT

on June 10, 1884: · The Committee on Pensions, to whom was referred the bill (H. R. 4.33) to in­

crease the pension of Simpson Harris, have considered the same, and report: The facts are set forth in the following report made during the present session

by the Committee on Invalid Pensions of the House of Representatives (House Report No. 301}:

"That Simpson Harris served in the war of 1812 as a private in Capt . .James Graham's company, North Carolina militia, from November2811814, to February 22, 1815; t.ha.t he was honorably discharged, and was placed on the pension-rolls as a pensioner at the rate of $8 per month under act of February 14, 1871 .

"Your committee further report that the petitioner is probablytheoldestpen­·sioner on the-pension-rolls, being now over 104 years old. It also appears from the affidavit of Dr. Samuel A. Hinton, the claimant's family physician, that for more than five years he bas been sorely afflicted; that he has suffered from pa­ralysis since 1866; that he has steadily grown worse, other diseases intervening, until, since 1880, he has been entirely helpless. He bas not been able to perform manual labor since 18GB, and is poor and needy, and a. charge upon the charity of his family and friends. He requires the services of an attendant at all times. In view of these facts your committee are of opinion that said claimant should

. receive the same pension which be would be entitled to if rated by the Pension Department for his disability, and report the bill back with a recommendation that it pass." . .

Your committee report back this bill witbout recommendation. The bill was reported to the Senate without amendment, orde1·ed to

a third reading, read the tbirq time, and passed. ANNE S. MELLACH.

The bill (S. 1154) to increase the pension of AnneS. Mellach was an­nounced as next in order.

The PRESIDING OFFICER. The Chair is informed that this bill is incorrectly entered on the Calendar as being reported without amend­ment: the fact being that the report of the committee is adverse. The bill, therefore, will be passed over, and the next will be r~d.

Mr. COCKRELL. Let the Calendar be corrected hereafter. · ?!:lr. BLAIR. Is the report adverse?

The PRESIDING OFFICER. So the Chair is informed.

Mr. MITCHELL. I ask unanimous consent of the Senate now to proceed . to the conside~tion of private pension bills not reported ad­versely, as they stand upon the Calendar, and that the morning hour be extended until these bills shall be completed.

The PRESIDENTpro tempore. The Senator from Pennsylvania asks R. w. DUNCAN. unnnimous con5ent that the Senate now proceed to the consideration of The bill (H: R. 6282) to place the name of R. w~ Duncan on the pen-private pension bi1.13 on the Calendar rep6rted favorably-- sion-roll was considered as in Committee of the Whole. It proposes to

Mr. 1\IITCHELL. Not reported adversely. There are some reported place on the pension-roll the name of R. ,V. Duncan (colored), known without recommendation. · as· Pack Duncan, who was employed as a guide for an expedition under

The PRESIDENT p1·o tempm·e. Those not reported adversely, and the command of Col. W. F. Cloud, of the Second Kansas Cavalry, and ~ that the consideration of those bil1s be continued until they are dis- who was wounded and permanently disabled on that expedition, at the posed of. Is there oojection? . same pension as would be allow_ed a private soldier for like disability.

U,r. ALLISON. I suggest to the Senator from Pennsylvania that The bill ~as reported to the Senate without amendment, ordered to he continue them until2 o'clock. ' a third reading, read the third time, and· passed.

Mr. HARRISON. I hope the Senator from Iowa will let them go· ZELICA T. DUNLAP. through. It will not take long, and there are some Senate bills in the .'Ihe bill (H. R. 4041) restoring the name of Z~lica T .. Dunlap was list. · considered as in Committee of the Whole. It is a direction to the Sec-

Mr. MITCHELL. We had better go through with them. Some are retary of the Interior to place on the pension-roll the name of Zelica Senate bills which we want to send to the other House. - T. Dunlap, late widow of the late Lieut. Col. James E. Dunlap, of the

1tlr ALLISON. Very well; I make no objection. Twenty-ninth Illinois Infantry. The PRESIDENT p1·o tempore. The Chair hears no objection to the The bill was reported to the Senate witho~lt amendment, ordered to

request of the Senator from Pennsylvania. a third reading, ·read the third time, and passed. Mr. l\IITCHELL. I accept the suggestion made by the Senator from BENJAMIN F. · Al\IOS.

Massachusetts [Mr. HOAR] that theruleoffive minutes' debate be ap-plied. The bill (H. E. 5500) for the relief of Benjamin F. Amos was con-

Mr. HOAR. I desire to have that a part of the understanding. sidered as in Committee of the Whole. It proposes to place on the The PRESIDENT pro tempore. The Senator from Pennsylvania pension-roll the name of Benjamin F. Amos, late of the Seventh Ken-

modifies his request so as to be a proposition tha.tthe Senate now pro- tucky Cavalry Volunteers. . . ceed to the consideration of private pension bills on the Calendar not The bill was reported to the Senate without amendment, ordered to adversely reported, and that the consideration of these bills be continued ·a third reading, read th~ thir<}. time,. and passed. until they are disposed of, and that the five-minute limitation of debate SYDNEY L. SKAGGS. ns under Rule VIII, apply. Is there objection? The Chair bears none. · The bill (S. 1268) for the relief of Sydney L. Skaggs was considered 'JJ'le first pension case on the Calendar will be state<;!. ,as in Committee of the Whole. It proposes to place on the pension-roll

ERASTUS w. BABSON. the name of Sydney L. Skaggs, late scout of the Second Arkansas In-'l'be first pension case on the Calendar was announced to be the bill fantry.

· (S. 772) granting a pension to Erastus w. Babson. Mr. PLATT. I should like to hear the report read in that case. l\lr. BLAIR. That may be passed over. The Secretary read the following report, submitted by Mr. J ACKSO~ The PRESIDENT pr8 tempore. This bill has once passed the Hen- JaDuary 6, 1885: •

ate and on motion the vote "'assing the bill was reconsidered, and the The Comrn lttee on· Pensions, to whom was referred the bill (S. 12681 foi' tbc re-.1' lief of Sidney L. Skaggs, having examined the same, make the followmg report:

·question now is, Shall the bill pass? • Tl:at said ~aggs, in 18()4 and during the eal'ly part of 1805, acted as pilot nnd

\

.

1370 CONGRESSIONAL RECORD-SENATE. FEBRUARY 7,

~uide for the different Federal commanders at the post of Clarksville, Johnson County, Arkansas. That in January, 1.86.5, while. out with a. scouting expedition, under the command of Lieutenant Pitts, of Company A, Second Arkansas In­fantry, the party-were attacked by rebels or bushwhackers, and during the fight said Skaggs was wounded in each shoulder. The wound in the right shoulder necessitated amputation of the right arm near the shoulder-joint. This amputa­tion was made by the regimental surgeon, and he was treated in the regular Army hospital.s. He filed his application for pension, which was rejected by the Pen­sion Office on the ground that he was not an enlisted man in the military service of the Government, and because the general la.w made no provision for volun­_teer scouts and pilots.~ ~I though regularly employed. Skn,ggs was between 16 and 17 yeai'S of age wnile serving as scout and when wounded, as aforesaid, in an actual engagement with the enemy. Your committ-ee have, in several in­stances, recommended relief in cases of this character, where the disability or injury was received by the scout in a.n a<ltual engagement with the enemy. They think such cases constitute a. proper exception and come withln the spirit of the la.w. The committee accordingly report back the bill to tbe Senate with the rec­ommendation that it be passed.

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

JAMES BEDELL, SR.

The bill (S. 2327) for the relief of James Bedell, sr., was considered as in COmmittee of the. Whole. It provides that the claim of James Bedell, sr., for a. pension, on account of the death of Samuel Umstead, a soldier of Company G, Sixty-seventh ~iment Indiana. Infantry Vol­unteers, -shall· be· heard and 9-etermined by the Commissioner of Pen­sions in all respects as if Umstead had been the son of Bedell, as for the purposes of this pension application he shall be taken to be.

The bill was reported to the Senate without amendment, oroered to be engrossed for a third reading, rea~ the third time, and passed.

WILLI.A~I B. SMITH.

The bill (H . .R. 5004) for the relief of William B. Smith was consid­ered as in Committee of the Whole. It proposes to increase the pension of William B. Smith, late a private in Company K, Fourteenth illinois Infantry, who is now drawing a pension at the rate of $50 per month, to $72 per month.

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

!IIBS. KATE A. DRUMMOND.

The bill (S. 2'231) granting a pension to Mrs. Kate A. Drummond was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Mrs. Kate 'A. Drummond, of Iowa City, Johnson County, Iowa, widow of Thomas Drummond, late captain oJ the Fifth United States Cavalry.

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

BEN .MORGAN.

The bill (H. R. 1256) increasing the pension of .Ben Morgan was con­sidered as~ Committee of the Whole. It proposes to place the name of Ben Morgan, late colonel of the Seventy-fifth Regiment Ohio Volun­teers, on the pension-roll at the rate of $45 per month, in lieu of his present pension of $30 per month. _

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

. JOHN JOHNSON.

The bill (H. R. 2920) for the relief of John J obnSQn was considered as in Committee of the Whole. It declares that the act of March 3, 1879, entitled ".An act for the relief of certain pensioners" (who have 1~ a leg at the hip-joint), shall be so construed as to inciude John Johnson, who had his right arm and a part of the sho-qlder-blade shot away at the battle of Fredericksburg, Va., December 13, 1862.

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

J .Al'r1ES STACK.

The bill (H. R. 6665) for tlie relief of James Stack.was considered as in Committee of the Whole. It proposes to place on the pension­roll the name of James Stack, late a private in Company F, One hun­dred and thirtieth Regiment of illinois Volunteers.

The bill was reported to the Senate without amendment, ordered to a third l'eading, read the third time, and passed. ·

REBECCA WALCOTT.

The bi.U (H. R. 2987) restoring Rebecca-Walcott to" the pension-roll was considered as in Committee of the Whole. It directs the restora­tion to the pension-roll of the name of Rebecca Walcott, mother of

sidered as in Committee of the Whole.· It "proposes to place on the pension-roll, subject to the provisions and limitations of the pension laws in force at the date·ofthefilingofhis claim for pension, the name of James McCallen, late a private in Company B, Seventh :{legiment California. Infantry;_ the disability for which pension is granted by the bill being disease of the throat, as claimed by the soldier in his appli-cation for pension. ·

The bill was 1·eported to the Senate without amendment, · ordered to be engrossed for a third reading, read the third time, and passed.

N ATHAN J. SHARP.

The bill (H. R. 6816) for the relief of Nathan J. Sharp was consid­ered as in Committee of the Whole.

The bill was reported from the Committee on Pension..c; with an amendment to add "in lieu of the pension he is now receiving;" so as to make the bill read:

Be it enacted, &c., That the Secretary of. the Interior be, nnd he is hereby, au­thorized and directed to increase the pension of Nath~n J. Sharp, formerly a. member of Company E , One hundred and twentieth Regiment New York State Volunteers, to $40 per month, in lien of the pension he i now receiving.

The amendment was agreed to. . The bill was reported to the Senate as amended and the amendment

was concurred in. The amendment was mdered to be engrossed and the bill to be read

a third time. The bill was read the third time, and passed.

GEORGE ZIEYLE.

The bill (H. R. 5960) granting a pension to George Ziefle was consid­ered as in Committee of the Whole. It proposes to place on the pension­roll the name of George Ziefle, of Livingston County, State of Missouri.

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

JAlUES W. BROWN.

The bill (H. R. 3703) for the relief of James W. Brown was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of James W. Brown, late a private in Company L, First Regi­ment New Hampshire Volunteer Cavalry.

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

NEL 0~ G4MMONS.

The bill (H. R. 6461) granting a pension to Nelson Gammons was considered as in Commit;tee of the Whole. It proposes to place on the pension-roll the name of Nelson Gammons, late a. private in Company K, Thirty-third Regiment Massachusetts Volunteers.

The bill was reported to the Senate witho.ut amendment, ordered to a third readingJ read the third time, and passed.

N .ANCY B. LEACH.

The bill (S. 2204) gmnting arrears of pension to Na~cy B. Leach was considered as in Committee of the Whole. ·

The preamble recites that Nancy B. Leach, mother of Bradford Lea~h, late of Company I, Twelfth New Hampshire Volunteers, was placed on the pension-roll on the 25th June, 1881, and from which date payment of the pension was :nk'l.de. The bill directs the Secretary of the In .. terior to pay Nancy B. Leach a pension at the rate preseribed by: hw from the date of the death of Bradford Leach, deducting all sums pre­viou ly paid on account of pension to her. ,

Ur. JACKSON. I should like to have the report in that case read. The Secretary read the following report, submitted by Mr. BLAm

.January 16, 1885: · The Commit~ee <?n Pensions, to whom WllS referred the bill .(S. 2204) granting

arrears of pensiOn toN ancy B. Leach, mother of Bradford Leach, ha. ve examined the same and report recommending the passage of the same.

The committee desire to. s1.1bmit the exact point involved in this case. The original application was duly made and executed February 11,1879. It was act­ually filed June 25,1 1, and the proof sustaining the claim. It was allowed, a.nd certificate No. 205-323 issued to the dependent mother, carrying pension at the rate ofSSper month. Theclaimantsupposedthathera.pplication was on file until long after the 1st day of July,1880, the period of limitation under the ar­l·ears-of-pension act. The claimant has no practical remedy uniess relieved by special act.

Mr. Hill, the attorney employed, is a reputable citizen who has held respon~ sible positions of public trust, a.nd an honest attorney at law in good standing in the profession. . The affidavits of Hon. James E . French and of Hon. David H. Hill are here­with submitt~d, which establish all the remaining facts nece.ssary to be stated.

Jam~ A. Wrucott, late a corporal of Company E, Second Vermont Vol- I, James E. French, of Moult{)nborough, in the county of Carroll, State or t New Hampshire, make oath a~d say, am well acquainted witli Nancy B. Leach,

un eers. · ~ holder of pension certificate No. 2053'23. I well remember the time she made her • The bill was rep(>rted to the Se:aate without amend~ent, ordered to application for a. P.ension, because it was at my suggestion that she applied to a third reading: read the third time, and passed. Ron. Da.vid H. Hill, of Sandwich, to assist her, and it was in the winter of1879;

said Hill afterward informed me that said claim was filed, and said clai.mant was ORIN R. l\11DANIEL. so informed several times prior to July 1, 1880.

The bill (S. 1546) granting a. pension to Orin R. McDaniel was con- I have no interest in said claim for a. pension. JAMES E. FRENCH.

~idered as in Committee of the Whole. It proposes to place on the pension-roll the name of Orin R. :rtfcDani.el, late of Company H, Sixty­fourth Regiment illinois Infantry Volunteers.

The bill was reported to the Serurte without amendment, ordered to be e~grossed for a third reading, read the third time, and passed.

. JAl\IES M 1CALLEN.

The bill (S. 1571) granting a pension to James UcCallen was con-

Sworn to and subscribed before me this 9th day of December, A. D. 1884, and l hereby certify that I have no interest in the pro ecution of this claim.

(SEAL.] .W. A. HEAR~ Clerl;; of Supreme uourl.

I, David H. Hill, of Sandwich, in the county of Carroll, a.nd Stat~ of New Hrunpshire, depose and say thB.t I acted as attorney for Nancy B. Leach in mat­ter of pension for her as dependent mother. The declaration was drawn by me and taken to William ·A. Hearctpclerk of supreme court, to be executed, as I now remember it,

1885. CONGRESSIONA~ RECORD-SENATE. 137[ I think we retmned to my office, and I put the declaration in an envelope and

put stamp on for postage. It was understood that it was to go by that ~il. I supposed for a long time that it went that day, and so informed Mrs. Leach.

The papers were thus completed, and sealed and stamped at ~e time of their date. I had no doubt of it until a student in my office called my attention to an envelope thus see,led and stamped, which he said he had found among other papers which he thought he had packed away as papers no longer useful, and asked me if there was not something that had been overlooked. I at once sent them t-o George N. French, a clerk in Treasury Departmen~.to file at the Pen­sion Office. Within ten days he wrote to me that they were rued, and theywere sent to said French just a few days before I was informed that they were filed. I can not be positive how they were first overlooked, but believe that my student, A. B. Fosker, of said Sandwich, took some letters to the mail for :.;ne, and Mrs. Leach and myself both supposed he had talcen the Leach papers With them, and continued so to think until they were discovered by said Fosker, ~above de-scribed. . · - My post-office address is Sandwich Center, Carroll County, and State of New Hampshire, and I have no present interest in the pension claim of M.rs. Lea~h.

· , DAVID H. HILL. Sworn to and'subscribed before me this 9th day of December, A. D. 1884, and

I hereby certify that I have no interest in the prosecution of this claim. · (SEAL.] W. A. HEARD,

. Clerk of Supreme Court.

The bill was reported to the Sena-te without amendment, and ordered to be engrossed for a third reading. ·

~Ir. COCKRELL. Let the bill be read again. The bill was read. llfr. COCKRELL. I should like to ask the Senator from New Hamp­

shire how far does that go back ? ~Ir. BLAIR. To the time of the war, I believe. The son died in the

war. The pension certificate was allowed some time in 1881. The pension has been paid since the date of the filing of the applic_ation, about three years, or~ years possibly. · ·

Mr. SLATER. This is going much further than we have gone in pension cases before. It is alleged that, by some oversight by the at­iomey or parties who were connected with this cas~, the papers were not transmitted to the Pension Bureau in time to come within the act which

. would allow arrearages. If we open that door we shall be flooded with just uch cases. They ought- not to pass. . ·

Mr . .JACKSON. As the Senator from Oregon suggests, the facts in this. case show that the agent or attorney of the claimant negligently failed to forward the application to the Pension Office so that it would reach here in time to get the benefit of the arrears act; an~ I doul1t the propriety of now granting arrea;~"S when there was no fault of the Gov­ernment. We passed a case some sessions since where the application was placed in the mail for tra-nsmission in ·time, but o_wing to some ae­cident it never reached its destinatilfn. The committee thought that inasmuch as the failure resulted from the action oftheGovernmentagent, perhaps it was proper to give the claimant the benefit of the intended application; but in the present case the application was never perfected and never actually mailed, and that through the negligence of the at­torney.

Mr. BLAIR. We have, I think, repeatedly gone much further than we should be going by the passage· of this bill. We have not often done precisely the &arne thing, I do not know whether ever precisely the same thing. It may be that the facts in this case differ slightly from those of any other case; but repeatedly where there-was no-appli­cation whatever made, but an instrument executed failing in important statutory particulars and placed on file, we have allowed that to be takeJl and treated 8$ an application, and we have gone so far as where the application was made and actually placed in the mail, but failed through the fault of the mail, or by accident, misfortune of some kind, to be received and filed in season, to. hold the declaration to be good and to cover the arrears.

The principle we have acted upon is that where the applicant seems to have in good.faith designed to make and file his application so as to secure the benefit of the ad!, we have relieved aga.i.Mt any innocent fault or misfortune on his part. · .

In this instance the claimant is an old lady who lost her son upon whom she was dependent, and whose application has been proven to be meritorious, and her claim allowed. It seems that she did everything

. that she possibly could in season to have received the benefit of the law for the arrears. 'rhe application was made in due form, executed before a clerk of a court, her agent being a reputable attorney in active practice as I knqw and as b.onest a man as there ·is fu our State or in our country, and who sealed it initsenvelope, propedydirectedit, and placed it with his other mail for transmission. In some way the boy·who car­ried the ma.U to the office failed to get this particular package. How it happened p.obody knows; and everybody supposing, the attorney himself~ the claimant herself, supposing. that the application was . on file, it was not until after the period within which it must actually be filed in order to derive the b~ent of the arrears aet, that the con­trary was ascertained. Immediately the declaration was forwarded, and the case was prosecuted and pursued to a successful issue.

Mr. CONGER. May I ask the Senator whether the allowance of the pension was upon that· applieation?

Mr. BLAIR. The final allowance of the pension was upon precisely that same instrument which had thus been delayed through the mis-fortune of the applicant. .

'There can be no stronger case ii). equity. I do not think any private citizen in the United States would be allowed to live in any local com­munity who would take advantage ofa blunder or a misfortune of this

kind, and it hardly seems to me that the country would stand well iii. its own ~timation if we should take ad vantage of a misfortune of this sort against this old lady, who is very poor, and as the report shows is utterly without remedy as against the attorney himself. He is a good man, an honest man, standing well in his profession; but he is not in a situation to make good these arrears if their loss was his fault. -

Now, a word ~n regard .to the suggestion that we may be overwhelmed with applications of this sort. Since the arrears act expired, I do not suppose we have passed, in thewayofrelievingallmanner ofinaccura­cies or errors of this description or any description, twenty acts, and I do not remember more than one or two other applications of any sort that have been -pending in the present session, and but very few in the last session of Congress. · The PRESIDING OFFICER. The Senator's five min~tes have ex­pired.

Mr. BLAIR. If we pass this I do not imagine we shall be over­whelmed.

Mr. ALLISON. Do I understandtheSenator from New Hampshire to state that the Committee on Pensions have established the rule that in cases where by no fault of the applicant the application has failed to reach the Pension Office within the time prescribed advantage shall not be taken of that fa.ct by the Government?

1\Ir. BLA-IR. In instances that have been passed where the applica­tion was informally made and filed seasonably .we have allowed that defective application to be treated as acorrect one. In other instances where the applicatfon was not actually :filed, where a good or bad ap­plication was ·not actually filed until after the limitation expired, but where in good faith the ·party made the effort and the application was tran1>mitted in the mail but not received, we have relieved in such cases.

Mr. ALLISON. That is this case? 1\Ir. BLAIR. That is this case to this extent: The application was

made out in due form; the attorney placed it in an envelope, sealed it, directed it properly, and put it with the rest of his mail, and directed his servant to carry it to the post-office, and that is the last he knows about it.

Mr. ALLISON. That is this case? Mr. BLAIR. H is this case. 1\Ir. ALLISON. That is a very just case. I have one just like it.

I hope this will pass and be made a precedent so that such cases may be allowed.

l\lr. BLAIR. There will not be \1- great number. · Mr. PLATT. I am going to vote for this bill; but I put it on this

ground, that it does not appear to have been the neglect either of the applicant or of the attorney that the application did not reach the Pen­sion Office in time, but was a case of mistake or accident. I do not be­lieve t-hat we can open the door to arrears for all cases where by the neglect of the attorney the application has failed to' be recei ved·in time. I presume that there are a thousand cases in the State of Connecticut where, if we should adopt the rule that the neglect of the attorney was to be overlooked, tliere would be petitions to grant arrears in ip.stances where the .applicant executed the declaratioJ;l in time to have it :filed in the Pension Office.

1\fr. McMILLAN. I shall support this bill because I think it is altogether just; and wherever the fault lies with the l)epartment or . in the course of transmitting a claim of this kind to" the Department, I think the arrears should be given. I know of a case myself where the application was transmitted to t4e Department, but no further in­formation can be obtained in regard to it, the information from the Department being that the claim is not on file. I think all such cases should be embraced.

The bill wa-s read the third time, and passed.

ISABELLA IDGGINS. .

The bill (S. 2549) granting a pension to Isabella Higgins was con­sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of Isabella Higgins, late hospital matron of the Eighth Regiment of IQwa lnfantry Volunteers. .

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

l\IILLIA STAPLES.

The bill (H. R. 1504) for the relief of Millia Staples was considered as in Committee of the Whole. It proposes to plaee on the rolls of the Pension Office- the name of Millia Staples, of M:~rgan Connty, Tennes­see, for and on account of services rendered the United States by Ben­jamin T. Staples, who was killed while in line of duty as first lieutenant and adjutant ofthe Eleventh RegimentTennesseeCavalryVolunteers, on March 22, 1863. ·

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

A. SCHUYLER SUTTOY.

The bill (H. R. 3370) to amend an act entitled "An act granting a pension to A. Schuyler Sutton, 11 approved June 4, 1872, was COnBid· ered as in Committee of the Whole. ·

The bill was reported from the Committee on -Pensions with amend· ments, to strike out lines 3 to 6 in the following-words:

That the act entitled "An act granting a pension to A. Schuyler Sutton.•' apo-

1372 CONGRESSIONAL REC01tD~SEN.ATE. FEBRUARY 7,

proved June 4,1872, be, and the same is hereby, amended , so as to read as fol­lows.

And in line 12 after the wo:rd " month," to strike out " from and after the 4th day. ~f lliarch, 1883, '' and insert: .

In lieu or the pension he is now receiving, to take effect from· and after the passage of this act. ·

So as to make the bill read: Be it enacted &c., That the Secretary or .the Interior. be, and he is h~r.eby, au­

thorized and directed to place on the pensiOn-roll, subJect to the prov1stons ~nd limitations of the pension laws, the na.DI:e of A. Sch~yler Sutton, late actmg lieutenant-colonel of the Ninety-fifth Reg1ment of Ohw Volunteers, at the rate of$40 per month, in lieu of the pension he is p ow receiving, to take effect from and after the passage of this act.

The amendments were agreed to. . The bill was reported to the Senate as amended, and the amendments

were concurred in. The amendments were ordered to be engrossed and the bill to be read

a third time. The bill was read the third time, and passed. · . On motion of Mr. MITCHELL, the title was amended so as to read:

"A b~ granting a pension to A. Schuyler Sutton." WATSON S. BEYTLEY.

The bill (H. R. 760) granting an additional pension to Watson S. "Bentley was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Watson S. Bentley, of Marl­borough Mass. late a private in Company B, Thirty-seventh Regiment

. Massach~tts Infantry Volunteers, at the rate of $45 per month, in lieu of that now received by him. •

The bill was reported to the Senate without amendment, ordered to a third reading, read the third ~e, and passe~.

MARGARET G. HALPINE.

The bill (H. R. 6480) granting a pension to Margaret G. Halpine was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of llfargaret G. Halpine, widow of Charles G. Halpine, late alieutenant-colonel and brevet brigadier-general of vol­unteers in the Union Army.

The bill was reported to the Senate witho-gt amendment, ordered to a third reading, read the third time, and passed.

JOHN T. 1ARSHALJ~.

The bill (H. R. 3663) granting a :pension to John T. Marshall was. considered as .in Committee ofthe~ole. It proposes to place on the pension-roll the name of John T. :Marshall, late a seaman in the United States Navy.

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

MAJ. W. W. FRYBARGER.

The bill (H. R. 4379) for the relief of :Maj. W. W. Frybarg·er.was con­sidered as in Committee.ofthe Whole. It proposes to put :MaJ. W. W. Frybarger of Connersville, Ind~, on the pension-roll at the rate of_$40 per·month, to be in lieu of all other pensions granted Frybarger.

The bill was reported to the Senate without ·amendment, ordered to a third 1·eading; read the third time, and passed.

LOUIS D. PETTY.

· · The bill (H. R. 5776) gr:rnting a pension't.o Louis D. Petty was con­sidered as in Committee of the Whole. It provides for placing the name of Louis D. Petty, late a private in Company E, Eighth Missouri Volunteer Cavalry, on the pension-roll. ·

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

CLARISSA M' KEE.

The bill (H. R. 2399) granting a pension to Clariss..1. 1\fcKee was con­sidered as in Committee of the Whole. It proposes ·to place on the pension-roll the name of ClariSsa McKee, widow of William McKee, late a private in Company D, ·Second DistrictofColumbia Volunteers.

The bill was reported to the Senate without amendn?-ent, ordered to a third reading, read the ~bird time, tmd passed:

MERIT .1\!. OAKLEY.

The bill (H. R.. 6927) gr<1.ntrng a pension to Me:rit M. Oakley was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Merit M. Oakley, who was a private in Com­pany K, Sixth Regiment of Iowa Cavalry, at the rate of $8 a month.

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

EDGAR L. DUTTON.

The bill (S. 1790) granting an increase of pension -to Edgar L. Dut-ton was considered as in Committee of the Whole. ·

The bill was reported from the Committee on Pensions with an amendment, in line 7, before the word "dollars" to strikeout "eighteen" and insert "sixteen; " so as to make the bill read:

Be it enacted, & c., That the Se~;:retft.ry of the Interior be, and he is hereby, au­thorized and directed to place on the pension-roll, subject to tbe provisions of" the pension laws, the name of Edgar L. Dutton, late a private in Company K, Twenty-second Regiment Indiana Volunt.eers, at-the rate of $16 per month, in U.fi~~ ~f:.l:}~ per month heretofore allo,V'ed him, as specified in 11ension cer-

The amendment was agreed to.

The bill was reported to the Senate as am~nde~, and the amendment was concurred in.

The bill was ordered to be engrossed for a third reading, read the third time, and passed.

ISAAC DEMARANVILLE.

The bill (H. R. 4059) granti~g a pension to Isaac Demaranville was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Isaac Demaranville,latea private in Company E, Ninety-third Illip.ois Volunteers.

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

CYRUS REESER.

The bill (S. 2398) granting a pensftm toCyrusReeserwas consid~red as in Committee of the Whole. It proposes to place on the pensiOn­roll the name of Cyrus Reeser, late a private iii CompanyF, Sixty-first Illinois Volunteer Infantry.

The bill was reported to the Senate without amendment, ordered to be engrosse-d for a third reading; rea~ the third time, and passed.

HUGH O' NEIL. .

The bill (S. 1183) granting a pension to Hugh O'Neil was conside1·ed as in Committee of the Whole. It proposes to place the name of Hugh O'Neil on the pension-roll, he being the de:pendentfatherof J ?hn O'Neil, late a private in Company I, Mounted Riflemen of the Indian wars.

The bill was reported to the Senate without amendment, ordered to be engrossed for a thU:d reading, ~-ead the third time, and passed.

ELLEY A. VANCE.

The bill (H. R. 5812) granting a pension to Ellen A. Vance was con­sidered as in Committee of the Whole. It proposes to place on the pen­sion-roll the name of'Ellen A. Va~ce, invalid daughter of Col. Joseph W. Vance, deceased, late colonel of the Nrnety-sixth Ohio Volunteer Infantry, at the rate of $18 per month. .

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

1\I..ARY A. · KN A WBER.

The bill (H. R. 499) granting a pension to 1tlary A. Knawber was considered as in Committee of the Whole.

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

HAYDEN REYNOLDS. ·

The bill (H·. R. 3612) granting a pension to Hayden Reynolds was consid('red as in Committee of the Whole. It proposes to place on the pension-roll the name of Hayden Reynold'3, late a private ?-n Company B, Sixth Regiment Iowa Volunteers.

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

ANDREW FRANKLIN, ALIAS ANDREW l\11KEE • .

The bill (S. 2272) granting a pension to Andrew Franklin, alias An­drew McKee was considered as in Committee of the Whole.

The bill w~s reported from the Committee on Pensions with amend­ments inline 7 after the word" to," to strike out" :March 7th" and insert'" Februacy 22d; " and in line 11, after the· words "from the," to strike out "time of filing his application " and insert "passage of this act;,_ so as to. make the bill read:

Be it enacted. &c., That the Secretary of. the Interior be, and he is hereby, ~u­thorized and directed to place on the penston-roll the name of Andrew Frankhn, alias Andrew McKee, late a private in Capt. 1\1. Armstrong's company of Ohio militia, from .August 22,1812, to February 22, 1813, and from July ~. 1813, to August 18, 1813, in the war ofl812, to take effect from the passage of th1s act.

The amendments were agreed to. The bill was reported to the Senate as amended, and the amendments

were concurred in. The bill was ordered to ·be engrossed for a third reading, read the

third time, and passed. ALOXZO CORNWELL.

The bill (H. R. 7046) granting a pension to Alonzo Cornwell was con­sidered as in Committee of the Whole. It proposes to.place on the pen­sion-roll the name of Alonzo Cornwell, late a private in Company F, Sixty-seventh Regiment Ohio Volunteer Infantry.

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

WILLIAU HEllRING.

The bill (H. R. 4752) granting a pension to William Herring was con­sidered as in Committee of the Whole. It proposes to place the name of William Herring, late a private in Com~any A, Thirteenth United States C<llored Hea.vy Artillery, on the pensiOn-roll.

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

WIL.LIAl\I II. H. GILLEY.

The bill (S. 2587) granting a pension to William H. H. Gilley was considered as in Committee of the \Vhole. It proposes to place on the pension-roll the name of William H. H. Gilley, late a private in Com­pany G, Forty-second Regiment Indiana Infantry Volunteers.

1885. CONGRESSIONAL-RECORD-SENATE. 1373 The bill was reported to the Senate wi~liout amendment, ordered to

be engrossed for a thir?- reading, read the third time, and passed.·

ISABEL CAl\IPBELL.

The bill (H. R. l171) granting a pension to Isabel Campbell was considered as in Committee of tbe Whole. It proposes to place on the pension-roll the name of Isabel Campbell, of Ashland County, Ohio, widow of James Qampbell, late df Company K, Eighty-second Ohio Volunteer Infantry. ·

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

LEONORA A. BOYDEN.

The bill (S. 1709) granting a peftsion to Leonora.A. Boyden was con-sidered as in Committee of the Whole. ·

The bill was reported from the Committee on Pensions with an amend­ment, in line 7, before the word "dollars," to strike out "fifty" and insert " thirty;" so as to make the bill read:

B e. it enacted, _&c., That the Secretary of }he Interior be, and he is hereby, au­thorized and drrected to place on the pens10n-roll the name of Leonora A. Boy­den, mother of Charles F. Putnam, late a master in the United States Navy, lost in the Arctic Ocean, and pay her a pension of $:30 per month from and after the passage of this act.

The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment

was concurred in. . · The bill was ordered to be engrossed for a third reading, read the

SALLIE INGHAM. • third time, and passed. .

The bill (H. R. 4238) wanting a pension to Sallie Ingha·m was con­sidered as in Committee of the Whole. It directs the Secretary of the. Interior to plMe on the pension~roll the name of.Sallie Ingham, for­merly Sallie Frary, mother of Justin Frary, late a private in Company I, One h.uudred and first Regiplent of Ohio Volunteer Infantry.

The bill was reported to the Senate, o1·dered to a third reading, read the third time, and passed.

JOHN MALO:NEY.

The bill (H. R. 5926) granting a pension to John Maloney was con­sidered as in Committee of the Whole. It proposes ·to place on the pension-roll the name of John 1\Ialoney, late a. private in Company K, Seventieth Indiana Voltmteers.

The bill was report~d to the Senate, ordered to a third reading, read the third time, and passed.

JAl\IES M'MAN"CS.

The bill (H. R. 2908) granting a pension to James McUanus was considered as in Committee of tlie Whole. It proposes to place on the pension-roll the name of James McManus, late a private in Company B, Tw~lfth Regiment Illinois· Volunteer Infantry.

The bill was reported to the Senate, ordered to a third readinO', read the third time, and passed. o

WILLIAM EURELE.

The bill (H. R. 3565) granting a pensiol! to William Eurele was con­sidered as in Committee of the Whole. It proposes to• place on the pension-roll the name of William Eurele, late a private in Compan·y A, Tenth Regiment Connecticut Volunteers. .

The bill was rep~rted to the Senate, ordered to a third reading, read the third time, and p~ed.

WALTER H. CROW.

The bill (H. R. 6084) to restore the name of Walter H. Crow to the pension-roll was considered as in Committee of the Whole. It proposes to ~estore.the nru:neofWalter H. Crow, late a. sergeant of Company K, Thirty-third Indiana Volunteers, to the pension:.roll. ·

The bill was reported to the Senate, ordered to a third reading read the thirc,l time, and passed. '

MRS. J.L~E YOUNG.

The bill (H. R. 2432) for the relief of Mrs. Jane Youn(J' was con­sidered as in Committee of the Whole. It proposes to pl~e on the p~nsion-roll the name of 1\frs. Jane Young, mother of Henry Young, ahas Frank Lowe, late a member of Company G, Sixteenth Regiment of Uassachusetts Volunteers.

The bill was reported to the Senate, ordered to a third readinu read the third time, and passed.

0

' ·

JOHN D. RICKARDS.

The bill (H. R. 2348) granting a pension to John D. Rickru:ds was cons~dered as in Committee of the Whole. It proposes to place on the pens10n-roll the name of John :p. Rickards, late a private in Company A, Sixty-ninth Regiment Eurolled.Missouri 1\filitia.

The bill was reported to the Senate, ordered to a third reading" read the third time, and passed. '

RUSSELL F. DIIDIICK.

The bill (H. R. 6594) granting a pension to Russell F. Dimmicli. was cons~dered as in Committee of the Whole. It proposes to place on the pensiOn-roll the name of Russell F. Dimmick, late a private in Com­pany E, First Regiment Wisconsin Volunteer Infantry.

The bill was reported to the Senate, ordered to a third reading, read the third time, and passed.

SARAH J. BREMMER.

The bill (H. R. 5632) granting a pension to Sarah J. Bremmer was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Sarah J. Bremmer, "¢dow :of William B. Bremmer, late captain of Company F, Fifth Regiment of Wisconsin Volunteers. ·

The bill was reported to the Senate, ordered to a third reading, read the third time, and passed. ·

GEORGE W . Rt;G

The bill (H. R. 5630) granting a pension to George W. Rngg was con­sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of George W. Rngg, late of Company 1\f, Fifth New York Cavalry.

The bill was repo~ted to the Senate, ordered to a third reading, read the third time, and passed. .

FRANK S. :MA.RSH.

The bill (H. R. 2453) granting a. pension to Frank S. Marsh was con- · sidered as in Committee of the Whole. It proposes to plMe on the pen­sion-rol) the name of Frank S. 1\Iarsh, late of Company K, Ninth Regi-ment Illinois Cavalry. . r

The bill was reported to the Senate, 9rdered to a third reading, read the third time, and pasSed. · ·

. DANIEI~ W. ADAMS •

The bill (H . .R. 7141) granting a. pension to Da,.niel W. Adams was considered as in Committee of the Whole_ It proposes to place on the pension-roll the name of Daniel W. A~ams, late of Company A, Ninety­third Indiana Volunteers.

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

JESSE S. HAllROLD.

The l:iill (S. 2f58) granting an increase of pension to JesseS. Har­rold ·was considered as in Committee of the Whole. It proposes to place on tbepension-roll the name of JesseS. Harrold, late second·lien­tenant of Company H, Fourteenth Regiment Indiana Volunteers, at the rate of $33 per month, in lieu of what be is .now receiving. . The bill was reported to the Senate without amendment, ordered to

be engrossed·for a third reading, read the third time, and passed . . EUGE:NE O'SULLIVAN •

. The bill (S. 1365) granting an increase of pension to Eugene O'Sul­hvan, late a sergeant of~Company K, Eighteenth Missouri Volunteer Infantry, was consi~ered as in Committee of the Wllole. Jt proposes to place on the pens10n-roll the name of Eugene O'Sullivan, late a ser­ge..'tllt of Company K, Eighte~nth 1\:Iissouri Infantry, at the rate of $18 per month.

'];be bill was reported to the Senate, ordered to be engrossed for a third reading, read tpe third time,· and p~sed.

DA YID T. HOOVER.

The bill (S. 2514) granting a pension to David T. Hoover \vas con­~dered as in Committee of. the Whole. It propos~ to place on the pen­Sion-roll the name of DaVId T. Hoover, late a pnvate in Company H Fifty-sixth Pennsylvania 'Volunteer In,fantry. '

The bill was reported to the Senn.te without amendment, ordered to be engrosse<l for a third reading, read the third time, and passed.

THEO AHBEXS.

The bill (H. R. 5565) granting a pension to Theo Ahrens was con­sidered as in Committee of the Whole. It proposes to place on the pen­sion-roll the name of Theo Ahrens, late a private in Company 0, One hundred and ninety-eighth Regiment Pennsylvania Volunteer Infantry.

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

D AVID M. NAGLE.

The bill (H. R. 5543) granting a pension to David U. Nagle was considered as in Committee of the Whole. · ·

The bill wa.S reported from the Committee on Pensions with amend­ments, in line 4, after" pension-roll," to insert "subject to the provis­ions an~ limitations of the pension laws; " and after "Nagle," in line 6, to strike out the words ''and pa.y him a pension at the rate of $25 per month;" so as to make the bill read~

Be. it enacted, ~c. , That the Secretary of the Interior be, and he is hereby, au­thonzed and directed to place on the pension-roll, subject to the provisions and limitations of the pension la ws, the name of David ?II. Nagle.

The amendments were agreed to. The bill was reported to the Senate as amended, and the amendments

were concurred in. The amendments 1Vere ordered to be engrossed and the bill to be read

a third time. · . . The bill was read the third time, and passed.

SARAH KENNEDY.

The bill (H. R. 269'2) granting a pension to Sarah Kennedy was con· sidered as in Committee of the Whole. It proposes to place on the pen-

•

1374 CONGRESSIONAL RECORD-SENATE. FEBRUARY 7,

Jion-roll the name of Sarah Kennedy, widow of Seth T. Kennedy, late major of the Sixteenth Regin!ent Pennsylvania Cavalry. · ·

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

ISABELLA TURNER.

The bill (S. 2009) granting a pension to Isabella Turner was consid­ered as in Committee of the Whole. It proposes to place the name of Isabella Turner, widow of Oscar D. Turner, late a sergeant of Company I, Twenty-thirdRegimentof.Maine Volunteers, on t4e pension-roll, and to pay her a pension from the death of her husband, March· 14, 1882, subject to the general pension laws should she again marry, and as to the rate of pension.

The bill was reported to the Senate without amendment, ordered to be en~ssed for a thiid reading, read. the third time, and p~ed.

P AT.RICK FURLONG.

The bill (S. 2610) granting a pension to Patrick Furlong wa-s eon~ sidered as in Committee of the Whole. It proposes tQ place on the pension-roll the name of Patrick Furlong, late a private in Company G, Fourteenth Regiment Vermont Volunteers. 1 The bill was repQrted to the Senate without amen~ent, ordered to . be engrossed for a third reading, read the third time, and pas..c;;ed.

1\IARGAR~ A. MAGUIRE. _

. The bill (H. R . . 6726) granting a pension to MargaretA. :Maguire was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Margaret A. Maguire, of Philadelphia, widow of George R. Maguire, deceased, late a lieutenant in the Thirteenth Pennsylvania Cavalry, United Sta.tes Volunteers. •

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

. . ADALBERT STICKNEY.

The bill (H. R: 5201) gratiting a pension to Adalbert Stickney was announced as the next pension bill in order.

Mr. JACKSON. The views of the minority are p,resented in that case, · which I should like to have read. .

Mr. CULLOM. I suggest to the Senator that we pass over the bill until we get through with the other cases. · ·

Ur. JACKSON. Very well; let it be passed over for the present. The PRESIDING OFFICER. At the suggestion of the Senator from

Illinois the bill will be passed over until the pension cases to which there is no objection shall have been acted upon:

. NEWTON J. BURRIS.

The bill (S. 1655) granting a. pension to Newton J. Burris was con­sidered as in Committee of the Whole. It propOses to place on the pen­sion-rollt'Q.e name of Newton J. Burris, late a private in Company I, Sixty-eighth Regiment Indiana. Volunteer Infantcy.

The bill was reported to the Senate wi,tho'!lt amendment, ordered to be engrosse~ for a third reading, read the third time, a:o,d passed.

JOHN OTIS.

The bill (H. R. 6882) granting a pension ·to John Otis was considered as in Committee of the Whole. It proposes to place on the pension­roll thename of John Otis, dependent father of Thomas Otis.

The bill was -reported to the Senate without amendment, ordered to a third reading, read the third time, and p~ed.

1\IRS. JENNIE E. JOHNSON.

The bill (H. R. 2002) for the relief of ·Mra. Jennie E. Johnson was considered as in Committee of the Whole. It proposes to place on the

· pension-roll the name of. Mrs. Jennie E. Johnson, mother of Capt. Charles P. Johnson, deceased, late a captain on the retired-list of the Army of the United States. ·

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

HENRY DAVIS. 'Phe bill (H. R. 6997) granting a pension to Henry Da-vis was consid­

ered as in Committee of the Whole. It proposes to place the name of Henry Davis, late lieutenant-cplonel of the Eighty-second R~aiment Indiana Vohmteer Infantry, on the pension-roll. ·

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

ROBERT WALKER. The bill (S. 2160) granting a pension tO Robert Walker wa.S consid­

ered as in Committee of the Whole. It proposes to place on the pen­sion-roll the name of ~bert Walker, late a private in Company B, Seventy.-fust Regiment Indiana Volunteers.

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

DORATHEA BOTIUI.TER. . The bill (H. R. 1084) granting a pension to Dorathea Bothner was considered as in Committee of the Whole. It proposes to place on the pension-roll the name of Dora.thea Bothner, widow of Gustavus Both­ner, late second lieutenant of Company C, Thirty-eighth New York Volunteers. .

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

1\IRS. FRANCES L. · THOMAS.

The bill (S. 2547} granting a.n increase of pension to Mrs. Frances L. Thomas, the widow of Maj. Gen. George H. Thomas; was considered as in Committee of the Whole.

The. bill was repor~d from the Committee on Pensions with an amendment, in line 6r to ·strike out "$2,000 per annum" and insert "$100 per month;" so as to make the bill read:

Be it enacied, cEc., That the Secretary of the Interior be, and he is hereby, au­thorized and directed to increase the pension of S30 a month now received by Mrs. Frances L. Thomas, widow of 1\!aj. Gen. George H. Thomas, to $100 per month, to take effect from and after the passage of this act.

Mr. CULLOM. I hope the amendment will not be agreed to, but that the bill will be passed by the• Senate a-s originally introduced, allowing $2,000 per annum. .

The PRESIDING OFFICER. The question is on agreeing to the amendment proposed by the Committee on Pensions. (Putting the question.] The noes appear to have it.

Mr. COCKRELL. Let us have the yeas and nays on the question. The yeas and nays were ordered.

· Mr. PLATT. I wish the Senator who reported the bill, or some member of the Committee on Pensio~s, would st.ate to the Sellll.te whether the pension proposed of $2,000 a year is in accordance with any precedent which has been already established.

t\Ir. CULLOM:. There is only one precedent. There is none so far as the military service proper is concerned, but the widow of Admiral Farragut was given by t,he Congress of the United States a pension of $2,000 a. year. I believe, as other membe~ of the conrm.ittee, I think, ~lieve, that this is a. case which stands alone so fur as the record of military services is concerned, aud that we cah affot:d, as a Government, to pla~ the widow of General Thomas upon a. level with the widow of Admiral Farragut. ·

Everybody, I think, admits that General Thomas was the peer of any other Union general in the service of the country during the late war and from the time he entered the service. I have felt, and feel now, that the Congress of the United States ought to give this expression of the recognition of the services of General· Thomas to his widow. She has no children. I understand that she is poor. ~he is of course, as we may well suppose, becoming somewhat aged. I think the Congress of the United States ought to vote her a pension of $2,000 a year. As General Garfield said in referring to the case, when she maae applica­tion for a pension, there was but one General Thomas in all the world.

I hope that the amendment will be voted dow;u and that the original bill will be pa..."Sed.

Mr. PLA.TT. No one has a higher admiration for the services of General Thomas than I have; but we ought in what we do to actwith deliberation a.nd with reference to its future effect. You will not be able to pel'S}lade the widows of many of the gallant generals of the Union Army that their husbands were not as distinguished for service, for courage, and for ability as General Tho.inas. If we give a· $2,000 pension to the widow of General Thomas it will be very difficult to re­fuse it to the widows of very ma.ny of the generals of the Army in time to co1ne. In other words, it will establish a pr~ent; but if the Sen­ate desires to do that, of course I have no objection.

Mr. l3LAIR. The Committee on Pensions was not unanimous in recommending the amen~ent to the bill. The bill, as referred to the committee, it will be observed, proposed to grant a pension to Mrs. Thomas at the rate of $2,000 per annum. There· is one precedent, that of the widow of Admiral F·arragut. Hitherto Mrs. Thomas has been drawing a pension at the rate of $30 per month. I am right in that statement, I think.

Mr. CULLOM. Yes; that is correct. Mr. MILLER, of California. Since 1876. . . Mr. BLAIR. Since the death of her husband in 1876 she has been

drawing a pension at the rate of $30 pet month, while the widows of very many other ~fficers, who under the law drew a pension at the same rate, have applied for and obt..<rlned an inctease by special act. This widow, ·now an aged woman, without children, solitary and alone in the world, and with certainly as great desert· on the part of her husband as could be claimed in any other case whatever, even although our most eminent generals might have been already deceased, has been entirely silent. Wjth a <lignity that is commendable she has suffered this neg­lect on the part of her country, in which others have not so readily ac­qui~ced. I do not mean by this to intimate that any have unduly pressed their claims upon a. grateful country.

The Congress of the United States has very rarely denied such appli­cations for special relief, and it seems to me as it has seemed to the Con­gress, that when the widows of any of our .officers who rendered the highest and most distinguished service apply to us, being oftentimes in need and disabled themselves by approaching age, and wish a pension at t~ rate of $50 per month, only giving them an income for their sup­port in a manner consistent with their positions in life of $600 per year, it would be almost disgraceful to deny the application, and certainly Congress has not done it whe~:e the application has been made. A~ to the suggestion made by the Senator from Connecticut that if

we grant te the widow of General Thomas a pension -at the rate pro­vided in the bill, we shall be overrun with applications of equal merit, I beg leave to differ • . !think that theunanimousverdictoftheAmeri-

1885. CONGRESSIONAL REDORD-SENATE. 1375' ~n people, without distinction of party or of section, would be that no general officer of the United. States rendered higher or more conspicu­ous or more essential service during the recent war than General Thomas. Certainly I think everybody will vote unanimously that he tak~ :rank with Grant, Sherman, and Sheridan. I believe myself that had he been living when recently there was a vacancy and an opportunity to be appointed to the highest position in our Armies, he would have been selected by the universa.l ~!aim of the American people, and the dis­tinguished officer who now holds that position would have been among the very first to have said that George H. Thomas was the man to be appointed to it. ·

Under these circumstmlces I could not agree, and did not agree in the deliberations of the committee, tofthe amendment tecommended by the majority of the committee. trust that it will be rejected and that the bill may be passed as originally introduced in the Senate.

Mr. COCKRELL. In considering th~e various applications to in­crease very largely the pensions granted to a certain class, I noticed some time ago an article published in a newspaper contrasting the dif­ference of treatment meted out to the widows of officers a'nd the widows of soldiers who carried their muskets on theirshoulders-who bore the heat and burden of the day and achieved those victories the honol1! and the laurels of which others largely wore. I .ask that the article which I send to the desk may be read.

The PRESIDING OFFICER. If there be no objection the pape:r to which the Senator from Missouri calls attention will be rea<l .

.Mr. ~1cMILLAN, What is the paper whicll the Senator asks to have r~? .

Mr. COCK~ELL. It is an articlecontrastingthedi:fferencebetween the treatment of officers and privates. If the Senator does not want the Chief Clerk to read it, I can read it myself.

Mr. McMILLAN. ·No; I simpiy wish to know what it h:. Mr. COCKRELL. It is an article contrasting the treatment of the

widows of officers and the widows of soldiers. Mr. 1\fc~ULLAN. Is it an extractd'rom a newspaper·? Mr. COCKRELL. It is from a newspaper. 1\ir. :McMILLAN. In what newspaper was it published? 1\ir. COCKRELL: I do not remember now in what paper. I think

it is taken from a paper published here in the city of Washington. l\1r. BLAIR. Will the Senator from Missouri 'permit me to ask him

a question? Mr. COCKRELL. . Certainly. . Mr. BLAIR. I ask if it is not an article written in order to induce

the American Congress to pass the Mexican pension bill? · Mr. COCKRELL. No, sir; it has no relation to that question. It

was written before that time. 1\Ir. BLAIR. A bill which makes a large increase for the .benefit of

the same cla.'5S which has aroused the sympathies of the Senator. Mr. COCKRELL. It was written before the M:ex:ican pension bill

wa passed by the Senate. I have had it in my drawer for nearly two years, waiting for an opportunity to have it read. -

Mr. BLAIR. Undoubtedly the Senator may say that its. suggestion aided in passing that bill. .

Mr. COCKRELL. It was written long before the Mexican pension bill was passed. .

The PRESIDING OFF.ICER. If there be no objection the paper will be read.

The Chief Clerk read as follows: TWO SOLDIERS L~ THEm WIDOWS.

James B. Horseman went into the war · for the Union as a colonel, at a salary of 53.500 a year, besides perquisites and allowances. He served as colonel bravely an~ faitp.!ully for a year and about three months, and then was pro­moted to brJgadter:gener~~. at a salary of $5,500 per year besides perquisites and allowances. In thtS capaCJty and a.t these wages he served bravely and faith­fully for another year and a quarter and then was deserv.edly promoted to .ma­~or-g~neral, ~t a salary of~ ,500 a year, besides perquisites and allowances;-_and m thts capaCity, and at tlus rate of wages, he continued to serve until after the

·elo e of the war. • James & Footman went into the Union Army, at the outbreak of the rebell­

ion, as a priva~; and his wages for the first year were 8144, plus $100 bounty, plus om~ clolhtng, plus some grnb. when he could get it; total for first year perhaps $300. In the second year he was promoted to corporal, and his total pay for that year was less than for the first. In the third year he was promoted to sergeant, and still his total pay <iame to less than $500.

ln 1864 be was promoted to first sergeant, and " veteraned · " and so for the last year of his serYice he received in all some $600, counting gr!eenbacks at their face and rations at,-well, at a long ways above what they actually averaged. We do n9t count any perqn1sites or allowances in his case, because he did not ~~ttti~~;:u~le served bravely and faithfully during his whole time until the close

Neither General Horseman nor Sergeant Footman was ever wounded, though each passed through many hattles; and neither lost health in the service in such manner as to entitle him to pension under the current interpretation of existing laws: Art-:r the war1 Genera~ Horseman held some offices, was promin~nt in publtc affiurs, had his name m the papers often, and was considered a leading mn~ generally. Sergeant Footman meanwhile plodded along in the even t(lnor of hiS way, an unobtrusi'\"e and almost unknown private citizen, inSomuch that half of his neighbors in the place to which he removed never knew that he had been in the Army, and those who did know did not ,care.

A few months ago both General Horseman and Sergeant Footman died both being po~r men and.Ieavin~ la~e families. ~ergeant Footman's death w~s an­n~mn~d m a three-hne notice m the local pal?ers; hi'l funeral was attended by hiS neighbors; and that was the last the public ever heard or thought of Foot­man. . But General H!>rseman's death was tel~graphedall over the country, and the dt?-ilY papers published long accounts of his gallant military services, and a ~ntr~bution pa~r for the benefit of his ~'y was started, and a bill was forth­'Wlth mtroduced m Congress to grant a pension of 850 a month to his widow, and

Con~ressmen were urged by leading jolll'Illl-ls to "pass the .bill without a di&­sentwg voice.''

And then we reflected that the command to "Render unto Cresar the things which are QEsar's" is not greater than that which follows it; "and unto God the things that are Goo's." · · _ Le~ us fully honor the memory of the deceased general; but as to granting a

pension of 850 per month to his widow because be was a general before grant­_ing $8 a month t-o Sergeant Footman's widow because he was "only an en.liated man "-or indeed as to granting one comrade's wife six times as much as the other, merely and solely because the one man bad been a high offi.cer and drawn large salaries while the other, equally brave and faithful, had received from the Government barely enough t-o keep him alive wbile he WM in the service and nothing afterward, and died "unhonored and unsung ' 1-we say, let us rather reverse the order of things, and first pension the poor sergeant's widow at as high a rate as justice and reason will allow, and then pension the ,general's widow at precise)y the saine rate, and no higher. .

Mr. CULLOM. 1\Ir. President--The PRESIDING OFFICER. The Senator from Illinois has spoken

once upon the bill. Mr. MITCHELL. The bill as referred to the committee did not

meet with the approval of my judgment. I should be very highly grat­ified to vote a- pension of $2,000 a year to Mrs. General Thomaa and a large number of other widows of distinguished generals and soldiers who served in the late war; but in view of the situation as respects the relative claims of the repreBentatives of soldiers-I can not bring -my mind to an agreement to that proj>OSition. I thought that perhaps we might safely go as far as is proposed by the amendment, because in ~he case of the widow of General Shields a pension of $100 a month was granted. I think there has beeri. no other pension so large as that granted to a soldier or to any representative of a soldier in the Army.

The case of Mrs. Admiral Farragut has been mentioned. She is re­ceiving a pension of $2,000 a year, but it must not be forgotten that Admiral Farragut was at the head of the Navy of this country and it is a case of greater distinction than that of General Thomas. If we grant the pension even as proposed by the majority of the oon;unittee to the widow ofGeneral Thomas, we mustinjusticetoalarge number of others wh:ose husbands also rendered distinguished, servic~ to the country increase their pensions very largely. If we are to do it at all, we ought to do it intelligently and purposely, and meet the question here and now.

I am not disposed myself to go so far as that, and especUtlly because up to this time the other branch of Congress has declined to· do the simple justice-I might say very much less than j tistice-to the widows and mothers and fathers of private s9ldiers who served in the late war that we proposed to do by the so-called Mexican pension bill passed by the Senate at the lust session, but which has not thus far been favor-ab1y considered in the House of Representatives. .

I make this allusion somewhat in response to the statement from a newspaper which has been read in the hearing of the Senate. I am willing to grant a pension of $100 a month to Jtfrs. Thomast but I am not willing to go any further.

:Mr. PLUMB. Mr. President, there is one distinction made by this bill which has not been mentioned in the debate so far as I have heard it, and that is, that a pensio:n is granted to the 1vidow of General Thomas irrespective of the cause of General Thomas's death._ That is ehe ca e with most pensions of this kind, which are in effect benefac­tions as compared with any pensions which we grant under the general law: So far as I know, no pension has ever been granted to the widow of a private soldier unless. the widow could prove that the soldier had died from a di~ incurred in the line of duty; but we have taken up admirals of the Navy-not admirals like Farraol71lt, but admirals whQ were admirals in name in comparison with Farragut-and general officers of the Army, and other persons of title and of newspaper and other distinction, and have given to their widows pensions irrespective of the c.anse of death;-thus not only constituting a distinction between the two classes growing out of the amount of the pension andtthe ne­cessities of the case, but a distinction still ~roader by. reason of the fact that one relates strictly and directly to a disability incurre<l in the line of duty and the other i~ totally outside of that.

I h&ve heretofore opposed pensions of this character uniformly; I have said much in the Senate about them, and have been so uniformly overruled that I had made up my mind hereafter to say nothing. If, however, there is a case which could have the assent of my vote, it is that of a pension to the widow of General Thomas. I am not willing to let the remarks of the Senator from Pennsylvania [Mr. MITCHELLj go without challenge, to the effect that the service of Admiral Farragut was one thing and that of General 'l'homas an entirely different thing; that Admiral Farragut was much more eminent than General Thomas, and consequently his widow constituted a class. by herself as compared to the widow of General Thomas. I think there was no more meritori­ous soldier who wore the blue than General Thomas, no one who was more entitled to the gratitude of the nation than he, and no on·e-who, in my opinion, was more ignored dnring.his lifetime, when the oppor­tunities PI:esented themselves for his promotion, than General Thomas.

But we are dealing with this question either upon a rule or system or plan which we have. adopted about the question of pensions,-or we are dealing with it simply at haphazard. If we are dealing with it upon a rule, then we ong~t to a.pply substantially the same rule to these people that we applyto the great mass ofthe body of the Army. If we are dealing with it without reference to rule, then we ought to

1376 C.ONGRESSION~L REOORD-SENATE. FEBRUARY 7,

take up not only one case but hundreds and thousands and tens of thousands of cases of the widows of private soldiers who served their country just as intelligently; just as faithfully, just as efficiently, and at just as much cost as that of any man who served it under shoulder-straps,

We not only have considered that the Seriate should do but one of these cases, but it seems that we have permitted our regard for rank and for reputation to obscure the real merits that underlie all this pen­sion Q.usiness. I have in my mind two pension bills which went through the Senate one day, which pensioned the widows of two ex­Presidents-two ladies who I am told are not only beyond the reach of want, but are in affluence. . Al~hough they needed nothing we added to their alr~..dyample funds, to their great wealth, $5,000a. year for life; yet we reject here day after day the applications of people who, what-· ever the relation may be between their present disability and their services in the Army as shown by testimony, have that claim upon us which soldierly service always gives or ought to give, especially when it is followed by disease or incapacity on account of that service to labor in order that one may live. We actually give to those who need it not for the purpose of taking it away in the shape of taxes from those who do. need it.

The PRESIDING OFFICER. The Senator's time has expired . . Mr. MILLER, of California. Mr. President, it was my fortune to

introduce this bill, and I did it as much as a tribute to the memory of one of the greatest of American generals as an act of justice to his lonely widow whom he left behind. The world takes note of rank. TheJiues­tion whether the Congress of the United States has dealt liberally and justly by the widows and representatives of private soldiers is not the question here. Nobody expects that the pension granted to the widow of a general who commanded greatarmies and foughtgreat battles and won great victories will be the same as that granted to the widow of a private soldier. It may be true that the latter may be as much entitled to it as the former, but Congress has never proceeded upon that theory.

It is simply a question here whether the widow of tim great general should be treated as the widows of other generals and as the widows of high officers of the Navy have been treated, or whether au exception is to be made against her. I placed the amount in the bill at $2,000, because there is a precedent in the case of Admiral Farragut, and re­garding also the other precedents which have been established. l\Iany representativ~ of decease~ officers receive $50 a month, some $100; the widows of former Presidents of the United States receive $5,000 a year, and proceeding upon -the theory that Congress would be willing to grant a pension in this case according to· the services which were rendered by General Thomas, I could not put the sum at less than $2,000 per.annum.

The name of General Thomas is illustrious. No general during our war rendered greater service. There was none more able than he. He was an ideal soldier, modest, bmve, and unflinching in the line of duty. He came as near illustrating the perfectiQu of his raee as a.ny man w bo ever lived. All who knew him 1·egarded him as a model soldier and a model man. There i& no question that be and his command saved from disaster the Union Army in two great battles. IIis splendid battle of Nashville, one· of tlie last victories of the war, will be studied as a model by the students of military science as long as war lasts· upon the earth. . I do not wish to prolong the discussion, but I hope the Senate will vote clown the amendment put upon the bill by the Committee on Pensi9ns.

The PRESIDING OFFICER. The roll-call will proceed on the ques­tion of agreeing_ to the amendment of the Committee on Pensions, which proposes to reduce the sum from $2,000 per annum to $100 per month.

· Mr. CULLOM. I hope the amendment will be voted dow:n. The Secretary proceeded to call the roll. l\Ir. FRYE (when his name was c..<tlled)~ I am paired with tbejunior

Senator from Louisiana [l\Ir. Gmso~]. 1\Ir. liA.RRISON (when his·namewas called). ·)am paired with the

enior Senator from Louisiana [Mr. JONAS]. I shall withhold my vote for the present. I do not know bow he would vote. I should vote '' nay '' if the Senator from Louisiana were present. .

The roll~call having been concluded, the result was announced­yeas 17, nays 27; as follows:

Ba~ard, · Beck, Cockrell, Coke, Colquitt,

Aldrich, Allison, Blair, Bowen, Call, Cameron of Pa., Chace,

Fair, Garland, George, Hampton, Harris,

Conger, Cullom, Dawes, Edmunds, Hawley, Hoar, Ingalls,

YEA&-:-17. Jackson, Maxey, :\litchell, Pl:J.tt, Slater,

NAYS-27. Lapham, 1\Icl\Iilla.n, 1\!anderson, Miller of Cal .. Miller of N.Y., Morrill, Palmer,

ABSENT-32. Brown, Gorman, Kenna, Butler, Groome, Lamar, Camden, Hale, Logan, Cameron of Wis., Harrison, McPherson, DoJph, • Hill, Mahone, Farley, Jonas, Morgan, Frye, Jones of Florida, Pendleton, Gibson, Jones ofNevada, . Pike,

So the amendment was rejected.

VanWyck, 'Vilson.

Plumb, Riddleberger, Sabin, Sawyer, Sherman, Voorhees.

.Pugh, Ransom, Saulsbury, Sewell, Vance, Vest, Walker, Wil1iams.

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

1\!ESSAGE FROM THE "HOUSE. A message from the House of Representatives, by Mr. CLARK, its

Clerk, announced that the House had passed the bill (S. 1335) to au- • thorize the settlement of the a~counts of the late John Y. B. Ble.ecker, a paymaster in the Navy.

The message also announced that the House had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments of the.HouEe to the bill (S. 729) for the pro­tection of children in the District of Columbia, and for other purposes. ·

The message fiKtber announced :that the House bad non-concurred in the amendments of the Senate to the bill (H. R. 3258) to authorize the construction of a bridge across the Saint Croix River at the most accessible point between Stillwater and Taylor's Falls, Minn., asked a conference with the Senate on the dis:lgreeing votes of the two· Houses thereon, and had appointed M:r. W. D. WASHBURN of Minnesota, Mr. E. W. SEYMOUR of Connecticut, and 1\Ir. S. R. PETERS of Kansas managers at the conference on its part.

The message also announced that the House had passed the follow­ing bills· in which it requested :the concurrence of the Senate:

A bill {H. R. 449) to provide for the appraiiement and sale of lots in the town of Pern, Dubuque County, Iowa; and .

A bill (H. R. 6881) for the relief of the trustees· of the Christian Brothe~' College of Saint Louis, Mo. ·

EXROLLED BILL SIGNED. The message further announced that the Speaker of the House had .

signed the enrolled joint resolution (H. Res. 309) extending the pe:rmis­sion gr-anted Maj. William Ludlow by the act of Febru3JY 28, 1883, to accept a civil position; and it was thereupon signed by the President pro temp01·e.

COUNT OF THE ELECTORAL VOTE. The PRESIDENT pro tempore.• The Cpair, pursuant to the authority

of the Senate given this morning, appoints as tellers on the part of the Senate to count the electoml vote on Wednesday next the Senator from Massachusetts, Mr. HoAR, and the Senator from Ohio, Mr. PENDLETON.

JAMES BOND. . . The bill (S. 1633) granting a pension to James Bond was announced

as the next pension bill in order upon the Calendar. Ur. COCKRELL. Let the rep<)rt be read, . l\Ir. JACKSON. The reports in that case have not yet come in frottl

the printing office. The bill was reported yesterday. I ha>e sent to the document-room and have been informed that the majority and minority reports have not yet come in. ·

The PRESIDING OFFICER. Does the Senator desire the bill tQ go over? . . l\Ir. JACKSON. Yes; it will have to go over, because it is a matter of contest. •

·The PRESIDING OFFICER. The ne~t pension case on the Calen­dar will be announced.

MRS. CHARLOTTE HACKETT. ·The bill (S. 1416) granting a pension to Mrs. Charlotte Hackett was

considered as in Committee of the Whole. It proposes to place the name of Charl<1tte Hackett, mother of Samuel F. Hackett, late a private in Company E, Second Regiment Wisconsin Volunteers, on the pension­roll. - The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

MRS. SARAH S. SAl\IPSON. The bill (H. R. 6311) granting a pension to MI'S. Sarah S. Sampson

waS considered as in Committee of the Whole. It proposes to place on the pension-roll the name of !\11-s. Samh S. Sampson, an Army nurse, widow of Lieut. Col. Charles A. L. Sampson, late of the Maine Infantry Volunteers, at the rate of $25 per month. ·

The bill w&S reported to the Senate without amendment, ordered to a third reading, ~ead the third time, and passed.

GEORGE A. 1\IARSifALL. The bill (H. R. 3527) granting a pension to George A. Marshall was

considered as in Committee of the Whole. It proposes to place on the pension-roll the name of George A. Marshall, who in the war with Mexico was a member of Company C, Fourth Regiment Kentucky Vol-unteers. .

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

MARIA H. SARGENT. The bill (H. R. ~956) granting a pension to UMia H. Sargent was

considered n.s in Committee of the Whole. It proposes to place on the pension-roll the name of Maria H. Sargent, and to pay her a pension of $20 per month. ·

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

WILLIA::\I LOCKHART. The bill (S. 357) granting a pension to William Lockhart was con-

.

1885. CONGRESSIONAL- RECORJ?-SENATE. 1377 eiuered as ill Committee of the Wb:ole. It proposes tO place on the pension-roll the name of William Lockhart, late a soldier in the Blac\ Hawk war. • .

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

HUGH DOUGHERTY.

The bill (H. R. 2140) for the relie{of Hugh Dougherty was consid­ered as in Committee of the Whole. It proposes to place on the p~n­sion-roll the name of Hugh Dougherty, late fu'St lieutenant of Company K, Thirteenth Regin\ent Kansas Infantry.

The bill was :reported to the Senate without amendment, ordered to a thil·d reading, read the third ti,me, and pass~d.

RUTH STRATTON.

The ·bill (H. R. 59~) granting a pension to Ruth Stratton was con­sidered as in Committee of the Whole. It proposes to place on the pension-roll the name of R~th Stratton, of Henry County, Indiana,_as the dependent mother of Albert Stratton, deceased, who was late a pnv­ate in Company Fofthe Eighty-fourth Regimentofln<liana Volunteers.

Tlie bill was reported to the Senate without amendment, ordered to a third reading, read the third ~e, and passed.

CLARINDA H~T.

The bill (S. 1804) granting a pension to Clarinda Runt was consid­ered as in Committee of the Whole.

The bill was reported from theCm;nmittee on Pensions with an amend­ment, in line 8, to strike out "1868" and insert'' 1865;" so as to make the bill read: •

That the Secretary of the Interior be, 'and be is hereby, authorized anrl di­rected to place on the pension-roll the nrune of Clarinda. Hunt, the foster-mother of Edwin W. Hunt, deceased, who enlisted in the UnitedSta.tes Navy September 15, 1864, and was discharged September 1, 1865, for disability, from which he never recovered.

The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment

was concurred in. . ' The bill was ordered oo be engrossed Jor a_ third reading, read the

third time, and passed. _ . GEORGE A. WASHBURN.

The bill (S. 1803) granting an increase of pension to George A. Wash­burn was considered as in Committee of the Whole.

The bill was reported from the Committee on Pensions with amend­ments, in line 5, before the word ''regiment," to strike out "seven­·teenth" and insert "sixteenth;" and in line 7, before the word "dol­lars," to strike out ":fifty" and insert "forty-five;" so as to make the bill read:

That the Secretary of the Interior be, and he is hereby, authorized and direeted to increase the pension of George A. Washburn, late major· of the Sixteenth Regi­ment Connecticut Volunteers, and brevet brigadier-general, to 845 per month.

The amendments were agreed to. The bill was reported to the Senate as ame?-ded, and the amendments

were COnCUITed in. The bill was ordered to be engrossed for a third reading, read the

third time, and_pns;sed. SARAH B. JACKSON-RATES OF PENSION.

The bill (Il R. 5800) for the relief of Sarah B. Jackson was consid­ered as in Committee of the Whole. It proposes to place on the pen­sion-roll the name of Sarah B. Jackson, widow ofvVilliam B. Jaekson, late of Company A, Ninety-first Regiment New York Volunteers.

Mr. VAN WYCK. I move to amend the bill by adding a new sec-tion, as follows: ·

SEc. 2. That all widows or minor children of soldiers and sailors who, as such, are now receiving, under existing laws, general or special, the sum of S8 per montht by reason of the death of such soldiers and sailOi'S in service or from a disabihty contracted in the military or naval service of the United States and in line or duty, shall, from and after .this date, be entitled to a.nd receive the rate of '12 pkr month in lien of said rate of $8; and all such widows or minor chil­dren who shall hereafter be found to be entitled to the rate of $8 per month under existing laws, shall be entitled to and reeeive the rate of Sl2 in lieu of

.said rate of $8. •

. The PRESIDING OFFICER. The question is on agreeing to the amendment proposed by the Senator from Nebraska.

Mr. VAN WYCK. Mr. President, that is precisely the same lan­guage which the Senate incorporated in the :Mexican pension bill, as it is called. The majority of the Senate no doubt felt then as now that if there was any general legislation to be had it should be to increase the meager compensation given to the widows of soldiers who had fallen upon the :field of battle. I have felt it my duty to call the attention of the Senate to the matter by way of amendment tO this bill. It is proposed to a Honse bill. If the Senate adopts it .and plaees it upon the bill and the Rouse refuses to concur, then we can readily consent that the Senate shall recede from its amendment so as not to imperil the bill for the relief of the person now seeking this pension. I am anxious, inasmuch as there is no possibility of legislation on this branch of~he question unless it be done in this way, that the Senate should at least seek this opportunity to do this act of justice. .

Mr. MITCHELL: I should li.kt to aak the Senator from Nebraska whether his amendment covers the case of dependent parents?

Mr. VAN WYCK. No. There is also another provision which

XVI-87

should be put in, and the Senator from Pennsylvania is desirous in re­gard to it. I should have incorporated that in t.he amendment except that I feared some Senator might think we were proposing to do too much. · If the Senate will adopt my amendment then I would suggest to the Senator from Pennsylvania that we take the sense of t];le Senate upon an amendment giving to dependent parents an increase of pension.

Mr. BLAIR.. Of course it is a very difficult thing for a friend of the soldiery of the country, disable~ or suffering from their services, to oppose al';l amendment of this kind; but the Senator from ~ebraska. must on reflection see that attaching the amendment to the bill in the first place imperils somewhat the passage of this poor woman's appli­cation; and also that inevitably it is the defeat of the Mexican pension bill itself. · If this bill should be amended and returned to the Rouse of Repre­

s(mtatives and the amendment there concurred in, the inan must be less a-stute than I think the Senator from Nebraska is, especially when he brings his faculties to bear upon a subject, who does not perceive that the other bill with it-s numerous and .-exceedingly important pro­visions for the relief of others who have suffered on account of service to their country will be entirely pasSed by. I had hoped that the :fight might be fairly and clearly in the other branch of Congress upon the passage of that .bill . giving general and almost universal relief to all those who have deserved well of their country from the MeXican war to the present time. We know very well that there is no inclination to pass that bill in some quarters> and that there may be itn inclina­tion, if some slight excuse can· he availed of, to defeat the bill and fall back upon a compara.tively wiimportant provision enacted into law.

l\Ir. VAN WYCK. Ur. Ptesident--The PRESIDING OFFICER. The Senator from Nebraska has once

spoken. Mr. VAN WYCK. I failed in all the suggestions of the Senator from ·

~ew Hampshire to see-:-The PRESIDING OFFICER. The Senator has already spoken once

on the bill. 1\Lr. ALLISO~. Can I be recognized and yield to the Senato~ from

Nebraska? The PRESIDING OFFICER. No, sir. l\Ir. VAN WYCK.. Is another amendment in order? The PRESIDING OFFICER. An amendment to the amendment

will be in order, or the Senator may proceed by unanimous consent. Ur. VAN WYCK. I propose to amend the amendment by mak"ing

the ~mount $13 instead of $12 per month. The PRESIDING OFFICER. The Chief Clerk will report the amend-

ment to the ·aiDendment. . ·The CHIEF CLERK. In line 7 of the amendment it is proposed to

strike out "12 " and insert " 13," so as to read "$13 per month." Mr. VANWYCK. I failed to see any force in the suggestion of the·

Senator from New Hampshire that we should place the Mexican pen­sion bill in peril by' agreeing to the amendment I propose. It is in peril to-day, and it is defeated substantiaJly. The only question is whether we should attempt to do something which I think both branches of the American Congress desire and which the nation universally de­sires, to increase the . pensions of those whose pensions are far below what they l'lhould be in the estimation of the nation. The Mexican pension bill stands defeated, and as far as the -v~teran of the Mexican war is concerned the bill is defeated by the action of the Senate. The Senate were so unwilling that that mea-sure should stand upon its own merits that they placed amendments upon it which they believed to be just and right. The only practical question which we are to meet to-day in regard to . pens_ions is whether we shall do this aet of stern justice, or refuse to do it and do nothing ill the direction which my friend, the Senator from New Hampshire, desires.

Neither .the Mexican soldier n01: the other classes who were consid­ered in the amendments of that bill will receive any consideration at the hands of this Congress before the 4th day of March. We can now save something for the most needy of all these classes, and that is the widows who are receiving·.only $8 a month, and I sugges~to my friend that it puts nothi'ng in peril, not·even this bill. If we plaee this amend­ment on the bill ~d the Rouse refuse to concur, then I shall be will­ing that the Senate recede from our amendment. We shall have done all in our power; we shall have satisfied the nation that weare disposed to do justice to those who are receiving least from its bounty and gen­erosity. We can come in here specially and give the widows of some admirals and generals $50 a month, and of others $2,000 a year. That imperils nothing; but when we resolve to take out of the difficulty in which they are placed that Class which, of all others, is entitled 1:.9 re­lief, we are told we should panse a moment to give the subject consid­eration; and when a remedy is within our reaeh, as it is now, to save them ·anq do themju...c:ti..ce,•it Will be no answer, and my friend from · New Hampshire- can not answer the widows in New Hampshire, and New England, and the United States, who are receiving this pittance, by saying that it is sought to do sometl;ri.ng eL"!e, and he fears this would put something else in peril. If he sees fit to embrace the oppor­tunity I trust he will do it now and here.

Mr. BLAIR. I ask unanimous consent, as I have spoken once on this amendment, to be permitted to speak again.

•

1378 CONGRESSIONAL RECORD...:._SENATE. FEBRUARY 7,

The PRESIDING OFFICER. No; the Senator is in order in speak-ing five minutes on the amendment to the amendment. .

Mr. BLAIR. The distinction between "twelve" and "thirteen" is, of course, entirely unimportant. · The Senator assumed that the Mexican pension bill was dead when.he made his motion. Sir, that was a violent assumption, and, as I believe, an untrue assumption, how­ever honest he may have been in making it. The Mexican pension bill now is dead, and dead by virtne of the offering of this amendment, in which I shall now concur. · ·

Mr. MORRILL. I shall vote against this amendment, because it is not germane . to the bill. It is general legislation upon a private bill, and ~y one who is acquainted with the proceedings of the two Houses will see at once that it is a measure that Will be lost if sent tO the other House in this form, not acted · upon, and this · poor woman; if she is entitled to a pension, will lose it, at any rate for the present sesSion.

Mr. SHERMAN. I wish to ask the Chair a parliamentary question. Suppose we attach this amendment to the bill and the Honse fails to take action upon it at all, could the Senate recede without having poS· session of the hiH before it? ·

The PRESIDING OFFICER. The Chair would think, on casual re­flection, that the Senate could not.

Mr. SHERMAN. ' There is the difficulty I have. . Ur. VAN WYCK. Let me suggest that it would be competent for

the Senate then to recall the bill from the .House and strike off its own amendment. ·

Mr:SHERMAN. I suppose that course could be pursued. I should vote for this amendment with great pleasure, if that could be done. I think the request ought to be granted, and if the Senator will see to it that this lady is not affected injuriously by this amendment I sha~ vote for it, but I shall hold him responsible for the recall of the bill in time to secure its passage.

M:r. VANWYCK. I will say that I intended toputthis amendment on the last bill on the Calendar, but the chairman of the committee suggested that was for the case of an exceedingly old lady, and then I bad better take t.J?.e .first opportunity, and so I offered it on_ this bill. I will with pleasure accept the suggestion of the Senator from Ohio, and see to it that if the amended bill is not acted on the bill shall be recalled and the amendment receded from.

!tfr: HOAR. It may be better to put it on soine bill that the Sen­ator knows will be acted on.

Mr. VANWYCK. I think there will be no difficulty in accomplish-ing what we desire. . .

The PRESIDING OFFIC.ER. Does the Senator from Nebraska in­sist on his amendment to the amendment? . Mr . . VANWYCK. I withdraw that. The PRESIDING OFFICER. The amendment to the amendment

is withdrawn. The qnestionrecurs on theamendmentproposed by the Senator from Nebmska. Th~ amendment was agreed to. The bill wa.s reported to the Senate as amended. Mr. HARRIS. I ask for a dhision on the question of concuning in

the amendment. The PRESIDING OFFICER. The question is on concurring in the

amendment made as in Committee of the Whole. Mr. CALL. Let it be read. The PRESIDING OFFICER. It will be read. The CHIEF CLERK. It is proposed to add to the bill :

SEC. -. That all widows or minor children of soldiers and sailors who as such are now receiving, under existing laws, general or s~cial, the sum of $8 per month, by reason of the death of such soldiers and sa.1lors in service or from a disability contracted in the military or na;\·al serviceofthe United States and in line of duty, shall, from and after this date, be entitled to and receive the rate of S12 per month in lieu of said rate of- $8; and all snch widows or minor chlldren who shall hereafter be found to be entitled to the rate of SS per, month under ex­isting laws shall be entitled to and receive the rate of S12 in lien of said rate of$8.

:Mr. SHERMAN. I think we had better have the_ yeas and nays. The yeas and nays were ordered, and the Secretary proceeded to call

he roll. Mr. HARRISON (when his name was calied). I am paired with the

Senator from Louisiana [Mr. JoNAS]. If he were here, I should vote "yea" on this amendment . .

The roll-call was concluded. ?tir. FRYE. I am paired with the junior Senator from Louisiana

(l\1r. GIBSON]. The result was announced~yeas 37, nays 12; as follows:

Aldrich, AllisOn, Blair,

. Bowen, Call, Cameron ofPa., Cameron of Wis., Conger, Cullom, D wes,

Bayard, Beck, Chace,

YEA..S--37. Dolph, Lapham, Garland, Mcl!tfillan, Hale, :Mahone,

• Hampton, Mandenon, Hawley, 1\filler of Cal., Hill, MillerofN. Y., Hoar, Mitchell. Ingalls, Palmer, :J ack:son, . Platt, Jones of Neya.da., Plumb;

Cockrell, Coke, Fair,

NAYS-12. Harris, Maxey, Morgan,

Sabin, Sawyer, Sherman, 'Slater, VanWyck, Voorhees, Wilson.

Riddleberger, Saulsblll'Y. Vest.

•

ABSENT-27. Brown, George, Kenna, Butler, Gibson, Lamar, · Camden, Goxman,. Logan, Colquitt, Groome, McPherson, Edmunds, Harrison, Morrill, Farley, Jonas, Pendleton, Frye, Jones of Florida, Pike,

So the amendment wa.s concurred in.

Pngh, Ransom, Se;well, Vance, Walker, Williams.

Mr. !tllTCHELL. I offer an amendment which I send to the desk. The Clrr:EF CLERK. It is proposed to add to the bill the following: SEc.-. That in considering the claims of dependent parents the fact and cause

of death and the fact that the soldier lef~ no widow or minor chlldren having been shown as required by law, it shall ~e necessary only to show by competent and sufficient evi!lence that such depend,ent parent is without other present means of comfortable support than his or her own manual labo:r;, or the con­tributions of others not legally bound for his or her support; and such as may be found to be entitled to $8 a. month under existing laws shall receive in lieu thereof $12 a month from the date of this act. ·

SEc. -. That in all applications under the general pension law a, including this act, where it appears by record evidence that t}le appliCf\llt was regularly en­listed-and mustered into the service, that fact-shall be prima facie evidence of soundness at 'the time of ~~s enlistment; but such presumption shall be subject

. to rebu,ttal by record or otner competent evidence. . SEC!. -. That no person shall be entitled to more than one pension at the same

time under any or all laws of the United States, whethersuchpensionshallhave been already obtained or shall be hereafter obtained, unles the act under which such pension is claimed shall specially so declare.

1\!r. 1\ITTCHELL. The amendment proposed applies the same rnle to dependent parents which the amendment already adopted applies to widows. I tb.ink the reasons in the one case are as strong as in the other. It also adopts the rule in. relation to presumption of soundness _at the time of muster into service, and retains the last section of the so-called Mexican pension bill which.was intended to prevent the pay­ment of double pensions. There seems to be some doubt in the law as ·it now exists on that point. It simply cover.S those three things.

The PRESIDING OFFICER. The question is on the amendment of the Senator from Pennsylvania. [Putting the question.] Thenoes appear to qave it.

Mr. AfiTCHELL called for the yeas and nays; and they were ordered. Mr. SLATER. I trust that amendment will not be attached to the

bill. It will endanger the more important and more necessary amend­ment we have just adopted. It is this method by which we find our­selves losing measures on which the two Hou8es can not agree. This amendment, I am satisfied, will prevent all legislation on this subject. Let us at one time offer legislation for the widows and at another time for the others.

The yeas and nays were taken. . Mr. CAMERON, of WISCOnsin. I wish. to state that the Senator from

North Ca,.-olina [Mr. VANCE] is paired fo:f this afternoon with the Sena­tor from New Hampshire [Mr. PIKE] . .

1\.fr. SHERMAN. I have been requested to announce the pair of the Senator from Indiana [Mr. HARRISON] and the Senator from Louisiana. (l!~r. JONAS). · .

The result was announced-yeas 31, nays 17; as follows: ·

Aldrich, Allison, Blair, Bowen, Cameron of Pa., Cameron of Wis., Conger, Cullom,

Bayard, Beck, Call, . Cockrell, Coke,

YEA..S-Sl. Dawes, Dolph,

. Hale, Hawley, Hill, Ingalls, . .Jones of Nevada, Lapham,

Mcl\lillan, Mahone, Manderson,

· l.'tliller of Cal., Miller ofN. Y., Mitchell, Morrill, Palmer,

NAY-17. - Colquitt, Fair, · Garland, Hampton, Harris,

Jackson, l.'tfaxey, l.'tforgan, Riddle berger, Saulsbury,

ABSENT-28. Brown, Gilorge, Jones of Florida, Butler, Gibson, Kenna, Camden, Gorman, Lamar, Chace, Groome, Logap, E~unds, Harrison, McPherson, Farley, Hoar, Pendleton, _Frye, Jonas, Pike,

So the amendment was agreed to.

Platt, . Plumb, Sabin, Sawyer, Sherman, ·van Wyck, Wilson.

Slater, ·vest.

Pugh, Ransom, Sewell, Vance, Voorhees, Walker, Williams.

Mr. BLAIR. I move, as an additional amendment to this bill, the section I send to the desk.

The Chief Clerk read ~ follows: SEc.-. That every person who served in the military or no.Yal service for the

period of three months during the war of the rebe11ion, and has an honorable discharge therefrom, and who is or who shall become disabled from any cause not the result of his own gross carelessness, disreputable conduct, or vicious habits, and shall also be dependent upon his own labor for support, shall, upon making due proof of the facts, un!ler such regulations as may be prescribed by the proper authority, be placed upon the lis~ of pensioners of the United States, and be entitled to receive a pension during the continuance of such disability at a rate proportionate to the degree thereof; and such pension shall commence at the date of filing an application therefor. The highe t rate of pension granted under this section, which shall be for total incapacity to perform any manual labor, shall be $24,.which is hereby made divisible upon that basis for any less degree of disability: PrO'IJided., That no person entitled t.o or receiving an in· valid pension under existing laws, or iluch as -mar. be bexeaf\er enacted, grant;.. ing pensions for disabilities contracted in the military or naval service of the Unite!l States, and in line of duty, greater than that provided for herein, shall receive the benefits of this act; but any applicant for such invalid pension hav­ing an application therefor pending, or who shall hereafter file his application

1885. ·. CONGRESSIONAL RECORD-SENATE. '1379 for suchpension,may,bya.declar&tionove:rhisownsignature,atany time,ele<:t Mr. BLAIR. I suggest that the title. be amended to read: to prosecute his said cl~ unde:r this act or '?-llder th.e general laws, and his ·A bill for the reliefo!Sa.rah B. Jackson, and for other purposes. pension. when allow.ed, if prosecuted under. this act, shall com.mence from the . date of such election. :Mr. HAWLEY. Can that ~tie not. be amended so as to give some ;

Mr. BLAIR. This section is also taken from the :Mexican peil.sion sort of indication of what is in the bill? It gives no indication-what­bill. The three sections which were last adopted as an amendment to ever. It contains very im:p:>rtant legislation jUBt now. thi bill and the section adopted on the motion of the Senator from Mr. SHERMAN. Add ' and to increase certain classes of pensions." Neb1·aska comprise classes embraced also in the Mexican pension bill, The PRESIDING OFFICER. The Chair will receive any proposi-whose right to assistance from the Go~ernment.ar.ises _from t'!te service tion to amend the title that may be submitted. rendered during the war of the rebellion. This ~tion which I now Mr. HAWLEY. I move to amend by adding to the title the words move as an amendment is the principal section Of.t~e Mexican pension suggested by the Senator from Ohio: bill, applying to the soldiers of the late war. It has passed the o~ And to increase Pensions in certain cases. of discussion in the Senate; it has been adapted by the Senate, .and If The 'PRESIDING OFFICER. If there ·be no objection, the title will these other clauses which have been taken out of the Mexican bill are stand as about to be reported by the Chj.ef Clerk. to be added to this bill, in all justice this section also should be adopted The CHIEF CLERK. The title a8 proposed to be amended will read: as an amendment to it. · • A bill for the relief of Sarah B. Jackson; arid to increase pensions in certain

Mr. RIDDLEBERGER. I wish to ask theSenatorfromNewHamp- cases. shire whether to pass the amendments which have been proposed to this Mr. MITCHELL. And add to that'' and for other purposes." There bill will not amount to about this, that it pensions all those who are is another purpose in it. provided for in the Mexican pension bill except those who served in The PRESIDING OFFICER. Does the Senaror from Pennsylvania the war with Mexico. That is the way it looks to me. propose an addition to the title?

Ur. BLAIR. That is very likely so; l>ut if this private bill whiCh ~-MITCHELL. I would suggest adifferentamendmentthan that we are passing is to b~ made ~ carry as i~ alreadY: do~ three or _four which has been suggested. · classes which are provided for ill the Mencan penslon bill, there IS no The PRESIDING OFFICER. The title will stand a.s last reported iustice whatever in-leaving out the by far larger and certainly as lner- by the Chief Clerk, unless some proposition to amend is made. It will itorions class....;..that is to say, the soldiers themselves-provided for by again be read. that bill, who served in the late war. · · The CHIEF CLERK. "A bill for the relief of Sarah B. Jackson, and

Mr. MITCHELL. I presented the amendment which the Senate has to increase pensions in certain cases . . adopted because I regard the questions it involved a.s practically undis- Mr. 1\UTCHELL. I mo.ve to strike out the word" and" in the title, pu.ted. The amendment proposed by the Se~tor from N e'Y _IJamp- and add at the end the words ''and for other purposes.'' shire is o'ne which I understand has led to the difficulty ex~nenced ill The PRESIDING OFFICER. The title will be reported iJi accord­the two Houses on the subject, and I am inclined to t~k that its ance with the suggestion of the Senator from Pennsylvania. adoption would defeat this bill. I have great hopes that the amend- The'CHIEF CLERK. "A bill for the relief of Sarah B. Jackson, to ments alrea~y adopted may become a law and· this bill be passed as it inc~ pensions in certain cases, and for otl:ter purposes. 71

now stands. The amendment proposed by the Senaror. from New The PRESIDING OFFICER. Is there objection? If not, the title Hampshire if adopt-ed will raise almost precisely the same question that will stand as last reported. · is now in disput-e in the other House. I shall myself vote aga~ it. · WILLI..UI HABBESON:

Mr. BLAIR. Mr. President--The PRESIDING OFFICER. The Senator from New Hampshire The bill (H. R. 4248) granting a pension to William Harbeson was

has once spoken. . . - · considered as in Committee of the Whole. It proposes to place on the Mr. BLAIR. I w-as proposfng to ask the Senat()r from Pennsylvania pension-roll the-name of William Harbeson, of Reading, P.a., late a pri­

a question before he takes his seat. I ask the Senator from Pennsyl- vate in Company G, Sixth Pennsylvania Cavalry. vania if the class provided by this section is JlOt made up exclusively The bill was reported to the Senate, ordered to a third readi.Dg, read of the soldiers of the late war of the rebellion, and if in his belief it is the third time, and passed. not as just and as necessary that they should be provided for as the other ALBERT D. SIMMOXS. class t() which he has alluded. The bill (H. R. 7295) granting a pension to Albert D. Sim.nions was

Mr. MITCHELL. Yes. Mr.· President, the amendmenteovers pre- considered as in Committee of the Whole. It proposes to putthenaine ciscly what the S~nator from New HaJDpsbiresuggests; but it ingrafts of Albert D. Simmons, late a private in Company E, One hundred and upon the statutes of the country a new principle in pension legislation, ninetieth Regiment Pennsylvania Volunteers, on the pension-roll. one about which there has been great difference of opinion and much The bill was reported to the Senate, ordered to a ~hird reading, read dispute; and on that account I think it would be likely to lead to the . the third time, and passed. defeat of the bill. o

Mr. BLAIR. One question more. Let me ask the chairman of the ANN J. WILLIAMS. com..mitt6e if his own amendment adding the class that has just been The bill (H. R. 6934) granting a pension to .Ann J. Williams was con-added by the Senate, dependent parents or those who are d.isabled from sidered as in Committee of the Whole. It proposes to place on the pen­any cause whatever provided they were paren~, does not introducethe sion-roll the name of Ann J. Williams, mother of Ebenezer Williams, same new principle which, in the section I move-as an amendment,we late a private in Company A, First Regiment of Nevada Volunteer In-undert.'\ke t() apply to all soldieTS? · · fantry .

.Mr. MITCHELL. No; it does not at all. It simply increases the · The bill was reported to the Senate, ordered to a third reading, read rate of pension allowed dependent parents and changes the timeinref- the third time, and passed. . erence to the proof of dependence, and on that I have learned that PENSION B~LS. there is no difference of opinion even in the other House. Mr. PLUl\fB. If the pension bills have been disposed of, I move

!Ir. BLAIR. Idonotunderstand thismatterasthechairmanstatesit. that the Senate proceed . to the consideration of the bill (H. R. 8039) Mr. VANWYCK. Onlyawo.rd, Mr. President. I concur with the making appropriations to provide for the expenses of the Government

statement made by the chairman of the committee, the Senator from of the District of Columbia for the fiscal year ending June 30, 1886, Pennsylvania. The idea which impelled me, as him, was that these and for other purposes. matters which were really undisputed might have an opportunity to The PRESIDING OFFICER. Will the Senator pa,rdon the Chair receive the concurrence of both branches and therefore become law. one moment? The Chair would state that two pension billswer'e tern­The disabled soldier ()f the war to-day receives a pension. The new porarily passed over on the calling of the Calendar, in which reports of principle to which I accord my judgment, as well as the Senator from the minority had been made, but which were ·not adversely reported. New Hampshire, isthateverysoldierwhoserveda·certainlengthoftime The Chair awaits the pleasure of the Senate to ascertain whether those during the war should be pensioned. I say to my friend as substan- bills shall now be considered or whether they shall go over. · tially the Senator from Pennsylvania has said, that the danger is that Mr . .JACKSON. !suggest that they go over. that will imperil here the establishment of that which we all desire !Ir. MITCHELL. They were within the order, not being reported for a class placed on the Mexican pension bill by the Senate, soldiers adversely, but objections were made by the minority.

1 who.cannot receivereliefunderthepresent law. Thatclassofsoldiers, .Air. COCKRELL. The reports have not come in yet, and the bills I say to my friend, I believe in New Hampshire and throughout the can not now be discussed intelligently. I suggest tnerefore that they Union ask to have their claim deferred until the next session of Con-· go over. . · gress, when there will be time to consider it, rather than that the claim Mr. MITCHELL. The Senaror from illinois [1\Ir. CULLO~I], who is of the widows and dependent parents should be put·in pe.fil or altO- interested specially in these cases and who reported them, I believe, is gether rejected. · . willing they should go over for the present.

Mr. BLAIR. Time will tell about those things. The PRESIDING OFFICER. The two bills will go over. The PRESIDING OFFICER. The question is on the amendment of Mr. MITCHELL. Retaining their places on the Calendar?

the Senator from New Hampshire. The PRESIDING OFFICER. Retaining their placeS on the Calen-The amendment was rejected. dar. The amendments were ordered to be engrossed and the bill to be r~d Mr. CULLOM:.. The reports are not in, I believe.

a third time. . The PRESIDING OFFICER. That being the order, the pensionca.ses The bill was read the third time, and passed. are concluded.

1380' CONGRESSIONAL RECORD-.-SENATE. ]fEBRUARY 7,

CREDENTI.ALS. Mr. JONES, of Florida, presented the credentials of WILK1NSON

CALL, chosen by the Legislature of Florida a Senator from .that State for the term beginning March4, 188ai which were read, and ordered to .be filed. ' .

REPORTS OF COIDIITTEES. Mr. MAHONE, from the Committee on Public Buildings and Grounds,

submitted a report t.o a~ompany the bill (S. 2617) to authorize the acquisition· of certain parcels of real estate embraced in square No. 406, of the city of Washington, for the enlargement of the Post-Office De­partment building, and to provide accommodations for the city post­effice, reported by him from that committee on the 5th instant.

INTERN.ATIONAL LONGITUDE CO.KFERE~CE. Mr. MILLER, of California, from the Committee on Foreign Rela­

tions, reported the following concurrent resolution, and submitted a report thereon:

Re&olved by f!le&nate of the U:niled States (the House of Repre&enlatives concurring), That the President be authorized and requested to.coJnmuoicateto the govern­ments of all nations in diplomatic relations with the United States the resolu­tions adopted by the international conference held at Washingt{)n,in October, !:1/~~s~fo~~~~f=~ a prime meridian and a. universal day, and to invite

Mr. SHERUAN. That ought to be a joint resolution. ·Mr. MILLER, of California. No; a concurrentre:solution.

Mr. SHER:&IAN. There ought t9 }?e a title to it certainly. Mr. MILLER, of California. Very well; I can have a title prefixed.

I ask that it be printed, and I give notice that I shall call it up on Monday.

·The r_esolution was ordered to lie on the t.abl~ and be printed.

HOQSE BILLS REFERRED . . The following _bills from the House of Representatives were severally

read twice by their titles, and referred to the Committee on Pensions: A bill (H. R. 1856) granting a pension to Caroline Higgerson; A bill (H. R. 1901) for the relief of Harrison Jtlitchell, late of Com­

pany K, Forty-eighth Indiana. Volunteers; . A bill {H. R. 2804) for the relief of Qynthia Martin and Catharine Stover;

: A billlH. }l. 4280) to increase the pension of Mrs. Martha c. Breese; - A bill H. R. 4869) for the relief of Morris Geld; • A bill H. R. 5086) for the relief of Elizabeth W. Creighton; - A bill H. R. 6029) for the relief of Jeremiah McCarty;

A bill H. R. 6177) for the· relief of Charles '\V. Green; A bill (H. R. 6310~ granting a pension to Benjamin P. Lowell· A bill (H. R. 7170 tor the relief of Frederick H utten; ' A 'Q~ll (H. R. !29~ to mc!ease.tbe ~ension of Jacob Wiener; A btU (H. R. t334 granting a pens10n to Judson BostwicK.-A bill (H. R. 7434) granting a pension to Sylvester Greeno~h · A bill !H. R. 7447) granting a pension to Sebert Toney;· ' A b~ll H. R. !538) grant~ng an incr~ o( pen~ion to Mary F. Blake; A btll H. R. t573) granting a pens10n to Dand :McKinney; A bill (H .. ~· 7618) granting a pension to .Rarry H. G. Kislingbury,

Walter F. Kislingbury, Wheeler Schofield K1slingbury, and Douglas E. L. Kislingbury, respectively, children of the late· Frederick F. Kisling­bury, .a lieutenant in the EI_eventh Re~iment United States I1lfantry;

A b11l ~H. R. 7696) gmntm_g a petlSlOn to Thomas D. Fitch; A bill H. R. 7735) tor the. relief of·Henry A. Huggins.; A bill H. R. 7903) grant.ing a pension to Daniel B. Randall· A bill (H. R. 7933l grn.nt·ing a pension to Henry Biederbick; A bm (H. R. 7938 granting a pension to Amanda Allen· A bill (H. R 7952 granting a pension to Mrs. Julia Hartley· and A bill (H. R. 7997 to increase the pension· of Mary E: Filleb~own.

PROTECTIO~ OF CHILDRE..~. Mr. RIDDLEBERGER. I beg leave to make a report from the sec­

o?d confer~nce co~m.ittce ?~t~e two Hous~ on the bill fortbe protec­tion of children rn the DistriCt of Columbia. The bill bas been re­turned from the House- to-day. There is a correction of a clerical error mrule by this report. .

.The report was recei,ed and read, as follows: Tbe committee of conference on the disagreeing votes of the two Houses on

th~ nmen_dments ?f t~e House to b!ll of 'the Senate No. 729, for the protection of ch1ldren m the D1stnct of Colnmb1a, and for other purposes, having met, after full ani! free conference have agreed to recommend, and do recommend, to their respective Houses as follows: · . · -

1. In line 20, page 1, of the bill, that the Senate recede from 'its disagreement t{) the amen?roent of the House, and agree to the same with the addition of the words "or sight," so that the clause will read" in their presence or sight·" and tl1e House agree to the s..'l.me. ' · 2. In line27, page2, of the bill, that in lieu oftheword "twenty-one " ,asamended by the House to read" si.xteen," both Houses agree to the substitution of the word "eighteen·." ·

Th_e report was concuned in. ,

H . II. RIDDLEBERGER AUSTJN F. PIKE, '

Managers onthepart.of the Senate. Wl\I. L. WILSON, J. THOS. SPRIGG'S, E. JEFFORDS,

Manager• on the part of the House.

DISTRICT .APPROPRIATION BILL. Mr. PLU1tffi. I now move that the Senate proceed to the consider­

ation of the bill {H. R. 8039) making appropriations to provide fortbe ·expenses of the government of the District of Co1mnbia for the fiscal year ending June 30, 1886, and for otheT p~ses.

The motion was agreed to; and the bill was considered as in Com mit-tee of t,Jle Whole. ·

1\Ir. PLUMB. I move that the bill be read for amendment. The PRESIDING OFFICER. That order will be taken if there be

no objection. The Secretary proceeded to read the bill. The fust amendment reported by the Committee on Appropriations

was in 'the itein of appropriation " for • salaries and contingent expenses," after the word "dollars," in line 24, to strike out the following words: . And ·the accoun~ing officers of the Treasury are authoriz.ed and directed' to ad­JUSt and settle eqmtably the accounts of the late coiD.DllSsloners, allowing such of the same as are manifestly just and proper. ·

And in lieu thereof to insert: -And the accounting office~ of the Treasury: are authorized and directed to

c~edit the a~unts of the e;x-commissioners of the Dj~trictof ColUJI?-bia accruing sl.Qce 1876 w~th all su<:h disbm"Scments and expenditures, made m good faith, heretofore disallowed m the settlement of the same, wherein it shall satisfac­torily appear that the money was paid for goods sold and delivered work and labor done, mo.terials furnished, or services rendered to the District in accord­ance with ·contracts and agreements made in good faith on behalf of the Dis· trict, and also to adjust and settle equitably said accounts, allowing such of the same as are manifE:stly just and propei·.

1\Ir. PLUMB. In line 31 oftbeamendmentreported by the commit­tee, after the word 11 seventy," I move to strike out the word "six" and insert "eight;" so as to read "accruing since 1878" in place of "1876." .

The PRE~SIDING OFFICER (Ur. GARLAND in the chair). The question is on the amendment of the Senator from Kansas tO the amend-ment ofthe_Committee on Appropriations. .

Mr. PLUMB . . The clause inserted by the House~ relative to the adjustment of the accou.D.ta of the citizen commissioners who e terms have expired, Messrs. Morgan and Dent, and of the engineer commis­sioner, Major Twining, who some two years-ago died. The Comptroller of the Treasury suspended items of account against them amounting to ·abo.ut $20,000, covering various expenditures for municipal purposes wb1ch they had made and which he decided·were not within the pur­view of-the acta making the appropriations.

They had allowed expenses of a certain character on the supposition that they-had the ordinary municipal authority or discretion over the control of funds committed to them for expenditure. I will name a few of the principal items. One of them is $2,590 paid for interest on what is ca.1led tlie Linthicum loan-a loan of money due by the Dis­trict. One thousand dollars was paid as the expenses of the National Firemen's Convention, held in the city. of Washington. Certain sums we~e _als~ paid as expenses ·to the chief of the .fire department for ex­ammrng. mto the ·fire·?epartment systems of other cities. They used the contingent fund glren to them to employ clerks to do certain nec­essar~ w~n-k about the District offices. The commissioners expended aU of tlt1s money, but the Comptroller held that they had no authority to employ money in this way, inasmuch as all the clerks the law in­tended they should have had been specifically provided for; and so as to other items. ·

Among other items there was an item for subsistence furnished to the Reform ' School. In contracting for the supplies of the ·washington Asy1um the commissioners found tha~ it was better to contract for a large quantity than for a small quantity, and they made a contract in behalf of the Washington Asylum for a large quantity of supplies which they proposed to transfer and did in fact transfer totbeReformSchool. The Comptroller held that they could not be paid for out of the appro­priations for the Reform School, notwithstanding the supplies had gone there, because they had gone under a contract made for the Washing~ ton Asylum.

The Senator from Missouri [?tlr. CoCKRELL] and the Senator from M~usetts [Mr. DAwESJ and myself have for the last year during the t1me we have been assoCJated together as members of 'the subcom­mitt.ee ofthe Committee on Appropriations, havingcharge of this mat­ter, examined thoroughly these accounts and the cause of their suspen­sion, and arrived last year at the conclusion that the suspension ought to be removed, -that the suspension was technical, that the District bad had value received for all the expenditures, and that there was nothing in _them to subject any of the commissioners to any charge of impro­prJety or laek of reasonable and proper vigilance. The clause as it came from the House, according to the view of the Comptroller, is not sufficient to accomplish the purpose bad in view, and therefore the com-· mittee bas reported a substitute for it.

Mr. MORGAN. Will the Senator explain why it is that he now pro­poses to change the date from 1876 to 1878?

Mr. PLUMB. Simply to cover the terms of the commiSsioners whom we have · in view. The date 1876 was fixed by mistake. Eiabteen hundred and seventy-eight covers the term of Messrs. Dent and Mor­~n, the civilian commissioners, and 1\'Ir. Twining; engineer commis ... SIOner.

1885. CONGRESSIONAL RECORD--SENAl'E. 1381 Mr. MORGAN.

is the same? Are th~re any previous commissioners whose case and 10 per cent. of the cost of all new works' shall be retained as an additional

securlty'&Jld a. guarantee fund to keep the same in repair for said term, which said per cent. shall be invested in registered bonds of the United States or of the District of Col~bia, and the interest thereon paid to said contractors. Mr. PLUUB. Not that the committee is aware of. · They have not

been brought to our attention. . . -Mr. MORGAN. lt seems to ·me to be a case of legislation on an

appropriation bill. · -The amendment to the amendment was agreed to. lli. PLUMB. I move to amend the amendment in line 38 by strik­

ing out the words ''such of the same as are manifestly just and proper'' and inserting "all payments made for expenses incurred in good faith for the benefit of the District:" That is the suggestion o( the Comp­troller of the Treasury as to the form of language necessary to accom-plish the object. .

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

Committee on Appropriations was, -in the appropriations "for engi­neer's office,'' in line 129, after the word ''animals,'' to insert ''care of same;" and after the word "items," in .line 130, to insert "and services, in all not to exceed;" so as to read_:· ·

Contingentexpenses, includingrentofproperty-yards, books, stationery, bind­ing and pre.servation of records in the engineer's and surveyor's oftices, printin~, transport.ation (vehicles, animals, care of same, saddlery, forage a.nd repairs), -and other necessary items and services, in all not to exceed $5,000. ·

The amendment was agreed to. . The next amendment was, in line 131, after the word ''for," to strike

ont "contingent" and insert "necessary;" so as to read: For necessary expenses of office of inspector of gas and meters, for Dll\inta~­

ing nnd keeping in good order and repair the laboratory and apparatus, $300.

The amendment was agreed to: The next amendment was, after the word ''That,'' in line 135. to

strike out·" hereafter;" so as to read: · Pro11ided, That overseers or insJ)¥ltors temporarily required in connection

with sewer, street, or road work, or the conskuction or repair of buildings, done under contra~ts authorized by appropriations, shall be paid out of the. sums appropriated for the work, and for the time actually engaged thereon.

The amend~ent was agreed to. . The next amendment was, after the word ''annual,'' in line 142, to

strike out "reports" ~d insert "report;" so as to read: And the commissioners of the District, in their annual report to Coniress,

shall report the number of such overseers and inspectors, and their work, and the sums paid to each, and out of what appropriation.

The amendment was agreed to. The next amendment was, in line 146, after the words ''shall be '' _to

strike out ''public records'' and insert ''a. part of the public property of the District of Columbia;" so as to make the proviso read:

Provided fw·ther, That the recor"as of the surveyor of the Dist~ict of Columbia shall be a. part of the public property of the District of Columbia..

'rhe amendment was agreed to. The next amendment was, in the appropriations for "improvements

and ~epairs, and for care and repair of bridges,'' after the word ''dol­lars,'' in line 172, to insert:

Provided, T.hat all moneys legally retained from contractors shall be invested and held h¥ the Treasurer of the United States, and any sum which has been or shall be realized from such investments in excess of the amounts due to con­tractors shall be deposited in the Treasury, tQ the credit of the United States and of t.he District of Co!umbia. ~equal parts. . .

Mr. PLUMB. I move to amend that by inserting in line 173 after the word "moneys," the words "shall have been or··may he:eafter be.''

The amendment was agreed to. The amendment as amended was agreed to. The reading of the bill was resumed. Mr. SHERMAN. The amendment just ·now rea.d, it seems to me

is a very unjust provision to contractors, and an unjnst discriminatio~ Ue,uainst small contractors. Has that been acted on?

.Mr. PLill1B. It has been acted on. Mr. s ·HERUAN . . I call attention to it. It begins in line 172 and

runs to line 178. The PRESIDING OFFICER. Does the Senator wish it acted on

again? Mr. SHERMAN. I should like to have it reconsidered The PRESIDING OFFICER. If there be no objectio~ the vote by

which the amendment was adopted will be regarded as reconsidered. The Chair hears no objection, and· the question is on the amendment.

Mr. SHERMAN. I wish to know the object of this proviso. It seems to me to be a very unjust provision to contractors.

Mr. PLUMB. If the Senator is willing I will state the purpose of the amendment.

Mr. SHERMAN. I will hear the Senator, subject to the point of order, but I do not want to raise it if I can avoid it.

Mr: PLUMB. In that portion of the organic law of the District of Columbia which provides f9r the letting of contracts for the laying of pavements, &c., it is provided: ~nd that the contractors shall keep new pavements or other new works in re­

pau for a term of five years from the date of the completion of their contracts;

This difficulty has arisen in a case in which fou~ or five years ago a. purchase of bonds was made out Qf the 10 per cent. retained from a. paving co~ tract and the contractors had meanwhile kept up the repairs. A question arose as to whether the contractors or the Government were entitled to the profit which had_ been realized by reason of the invest­ment in bonds, the bonds in the mean time havfug appreciated in value. · The Treasury Department lield that the Government was entitled to the profit, but suggested a suit to determine the question. Thereupon a suit was brought. The statement I make now is that made to the committee by ·the commissioners of the District of. Colombia. Suit wa-s brought, and three of the judges of the supreme court of the Dis­trict of Columbia said on th~ hearing that they had no doubt the GOv­ernment was entitled to the profit and not the contractors, because in the event that the bonds hadde<'.lined the contractors. would have been fairly entitled to have received the mo11ey value of t)le 10 per cent. re­tained, and could not have been requirooto take the bonds which had a less value than the reserved 10 per cent. But before the decision was formally rendered the contractors dismissed the suit and brouo-ht the mattel' again before the Treasury Department, where, after going through ~II the forms and before all theo.fficen; beforewhomit could be brought, including the Secretary of the Treas.ury1 a similar decision was reached. Thereupon t_he Treasurer, who was then tne custodian of the bonds, paid to the contractors th~ 10 per cent. which had been retained and covered the balance into the Treasury to the credit of the United States. At the same time .the Treasurer made the discovery, or claimed to-have made the discovery, that the law did not req1rire him to remain as the custodian of these bonds, and he therefore compelled the commissioners themselves to take the bonds, which they did, and rented a box in the safe-deposit company, where they are now kept.

The matter was brought to the attention of the committee with the request oil the part of the commissioners that a provision should be in­serted which would require the Treasurer himself to keep these bonds, as being a safer and more proper depositary than the board of commis­sioners of the District, and for the purpose of providing that hereafter one-half the profit, whatever it may be, of this retained fond should go to the DistrictofColonibia and one-half to the United States. It was for the purpose of providj:ng that the Treasurer himself should be the custoditm of these bonds instead of hav:ing them in the custody of the commissioners, as it is now, that the amendment was inserted.

1\Ir. SHERA-IAN. The statement of the Senator is precisely what I am informed is the true status of this matter: It seems to me it is a clear violation of the :fights of these contractors and a palpable infringe­ment and change of existing contracts. The present law under which these contracts were made requires the investments to be made and in­terest to be paid to the contractors. That is a stipulation in the law. Ten per cent. on a contract, especially if it is a large contract, say one amounting to $50,000, would require a· deposit of$5,000. That is the mQney _of the contractor e!nnedapparentlyin the execution of his con­tract. _ By the terms of thn.t contract tl;lis money is to be invested in Government securities for his benefit. It is his ·money. The amend­ment proposes to tali:e that money, the accretions of the bondS, the in.:. terest of the bondS, and diVide it between the District of Columbia and the United States. It does not belong to the United States.

Mr. PLUl\fB. The court so decided. Mr. SHERUA ... l'f. But there has been no final decision. The suit

was withdrawn for the purpose of trying to make an arrangement.. I do not know anything about it except what I have heard. · I under­stand that a suit was commenced upon the terms of the contraet for the recovery of the interest; but as there was a hope of settling. it in the Treasury Departmept, the ·matter being still under consideration there,. the s~twas withdrawn. These contractors have now a. rio-ht to ~ue_ fo~ t~e money in the CQurt of Claims, or in any court of competent 1urisd1CtiOD:. I suppose they could sue for the m~mey; it is their money lUlder the express terms of the contract. -

I think that rather than deal with this question at all we had better leave it to the courts. I look upon thiS as a palpabie infringement of the contract. It might be applied as a rule for the future by saying that in all future contracts the money shall be deposited in the Treas­ury, and thatnointerestshall beallowed; but these contracts expressly provide that the money shall be mvested for the b.enefit of the contract­ors, and that they shall have the interest. I ask the Senator to be kind enough to read that clause of t)le. charter again.

Mr. PLUMB. The clause reads as follows: An~ 10 per~ent. of the cost of all new 'vorksshall be retained as an additional

security and a. guarantee fund to keep the same in Tepair for said term whieh said per cent. shall be invested in registered bonds of the United States o~ of the District of Columbia and the interest thereon paid to said contractors.

:Mr. SHERMAN.. That is perfectly plain. It is evident t.hat these eontractors are entitled to the interest. It may be, however that on account of the high price of the bonds no interest could accrue' because the diminution of the premium may be more than the interest. .

I think the best way is to lea,ve this matter to stand upon the ;:on·

•

. 1382 CONGRESSIONAL RECORD-SENATE. FEBRUARY 7,

tracts as they ex:iaii and to leave the parties their remedy and not to seek by legislation to cJiange it. If the Senator from Kansas had Changed the provision so as to apply only to future contracts, I should have no objection to it, because the bids may be made with a view to the loss of interest on tOper cent. of the n;wneydueon thecontractforthe-perlod

The CHIEF CLERK. In line 176, after the word '' contractors '' in the proposed amendment, insert: ·

Including a.llmterest on said bonds while so held.

. So as to read: • 4:: If And any sum which has been or shall be realized from uch investment in

of :five years, as the whole of it must be depoSited for .uve years. excess of the amounts due to contractQrs, including all interest on said bonds that is under'stood by the contractor when he makes his cqntraet pe while so held, shall be deposited in the Treasury to the credit of the United has no right tp complain; but as to existing contracts it seems to me States and of the Diskict of Columbia. in equal parts .. perfectly clear that you are proposing to take money which belongs to The amendment to the amendment was agreed to. the contractors, money earned under a law by which they were to have Mr. SHERMAN. Evenasamended thereissomedoubtwhetherthis the interest on it, and that the Government was simply to act as a would not be a violation of the contract, because this is obligatory to trustee for their benefit. invest in United States bonds, and oneoftheadv-antagesofinvestment

ThereiOre, as the amendment is plainly objecti~nable on the ground in Unitea States bonds is the accretion of the premium. But I do not that this is legislation attached to~ appropriation bill, I shall make stand upon that; so long as the language of the .contract is complied that point against it, leaving these"partiestotbeirremedyinthecourts. with and observed. I think that will probably meet myobjeeti.on. I think there .will be no injustice done if .that course is p1ll"Sued. The PRESIDING OFFICER .(Mr. INGALLS in the chair}. The

1\Ir. PLUMB. Let me say that the committee have proceeded not question is on .agreeing to the amendment of the committee as amended. on the theory that they were establishing new rnles, bu~ they were The amendment as amended was agteed to. simply conforming to the rult. already established, :first by the Secre- The reading of the bill was resumed. tary of the Treamuy, and second by the board. The next amendment of the Committee on A:ru>ropriation was, in

The Senator from Ohio says there has been no .final judgment ren- line 182, after the word ·'' dollars,'' to strike out-dered; butthat thecontractor himselfpre~ented it by withdrawing his For .replilnking -and repainting A.naco t.ia. Bridge, 85,500; for t~o draw-suit. . . • keepers at. Ana.costia and Benning's Bridges, at $720 each-. Mr. SHERMAN. I do not know who the contractor was. And insert-

Mr. PLUMB. In that case also .the· transaction has been settled, be- Draw-keeper at Anacostia. Bridge, $7'20. cause the contractor accepted from the Government his money and the The amendment ~as agreed to. Treasurer proceeded to deposit the premium. The con tractor also. bad the interest, by the way, but the Treasurer proceeded and deposited · · The next amendment was, in line 1 9, to reduce the total amount of the premium to the credit of the United States. the apjnopriations u for ordinary care of Benning's, Anacostia, and

Two things the commit\eedesigned to do. _They designed tor~ Chinn Bridges," &c., from $15,600 ~ 9,380. this deposit to the Secretary of the Treasury. Now it is it). the }lands 'I'he amendment was agr~ed to. · . of the commissioners of the District. The committee did not think Th~ne.x:tamendmentwa.S, in the appropriations "or Reform School," that was wise. In the next place they propased that whatever pro.fit to increase the item for compensation of" superi~tendentof chair-shop" is derived hereafter, it having been decided that it did not belong to from $600 to $720. • the contractor, should go, half to the Government and half to the Dis- The amendment was agreed to. . trict, and not all to the Government of the United States. Of course . The next amendment was, in line 241, aft.er the word "exceeding," if we adopt the amendment the contractors will have a perfect Ijght to to strike out '• five'' and insert ''four;'' and .in the same line, after the bring their snit anyhow, as 1 think, so far as that p..'trt of it goes. 1 word ''number,'' to strike out ''one thou'sand and eighty'' and insert

Mr. SHERMAN. I do not want QY law to undertake to change a "nine hundred and sixty;" so as. to read: contract. Watchmen •. not exceeding four in number, $950.

Mr. PLUMB. I have no objection to the Senator making thepoint 'The amendment was agreed to. of order and letting the provision go entirely out of the bill. The next _amendment wa.S, in line 243, to increase the total amount

Mr. SHERMAN. I do not know but what the United States might of appropriations for salaries of officers and employes of Reform School, ha~e the benefit of the advance m the bonds. from 11,550 to $11,61K .

Mr. PLUMB. That is all they have. · The amendment was agreed to. 1\Ir. SHER:UAN. Certainly the interest is aecruing on those bonds. The ne.x;t amendment was, in line 251, afte1· the word "items/' to Mr. ALLISON. If the Senator from Ohio thinks this provision strike out" including compensation for. additionallabor or services;"

affects the interest I will suggest to him to add the words '' including so as to make the .cia~ read: interest.'' For sojJPort of inmates; including groceries., .flour, meat , dry-goods, leather

Mr. PLUMB. Yes, I will agree to put in the words ''including in- and shoes, gas, fuel, l).nrd ware, tableware, fumiture, farm implements aud seeds, terest " after the words "due to contractors." harne sand :repairs to same, fertilizers, stationery nd books. plumbing, ]>aint-

1\Ir. SHERMAN. The Senator will see that it is worded so that alf ing and glazing, medicines and medical attendance, stock, fencing, and Qther necessary items, all in the discretion of the commissioners of tbe District, S25,QOO;

the interest or all the profit growing out of this in~estment iri.ures to and the proper accounting officers of the Treasury are hm·eby authorized to close the District of Columbia and the United States. · the accounts Qf the Reform SchOQl for the fiscal years 1883 and 1884, if the same

.1\Ir PLUMB Will the Senaror agree to sucn an: a~endment put- can be done without the J?&yment of any money ft"O!Jl. the TreasurY.; and here-. : · rd , , , , . · , , . . . ' 1, after an the revenues dertved from the lo.bor of the mmates and from the p:rod-ting m after the wo contractors the words mcluding mterest? · ucts of the fann sha11 be paid into the Treasury-Df the United States, to the credit;

1\Ir. ALLISON. It would then read,'' in excess of the amonntsdue of the United States and the District of Colu:ml>ia. in equal parts. · to contractors, includi~g inter~t·". . . . , The amendment was agreed to. . .

Ur. ~HERMAN. Including mterest ~rumg on said bonds. The next amendment was, in line '282, to reduce the appropnation That will answer. "for the National Association for Destitute Colored Women and Chil-

Mr. PLUMB. That was precisely the purpose the committee had in dren," fi·om $7,000 to $5,000. view, The amendment was agreed to.

Mr. SHERMAN. It now reads, "or shall be realized from snch in- The next amen~ment was, after line 286, to insert: vestments in excess of the amounts due to contractors. 1 ' The interest is not due to the contractor.

1\Ir. ALLISON. The law· says the 10 per cent. shall be deposited, and during the deposit the contraot.or sJ!all have the interest. .

Mr. SHERl\IAN. Let it read, "in excess of the amounts due to con­tractors for the sa,i.d sum, and the interest thereon.'' . Then I shall be perfectly willing to agree to it. .

l!Ir. PLUMB. Insert after the word "contractors" the words "in- ' eluding interest on said bonds.'' I think the Senator's :first snggesti{)n is the best.· · · '

Mr. SHERMAN. ''Including an · inrerest on said bonds while so held.'' I have no objection to that.

The PRESIDING OFFICER. Does the Senator from Ohio suggest an amendment to the amendment of the committee?

Mr. SHERMAN. I do. TbeSenator from Kansas will state it. 1\Ir. PLUMB. After the word" contra-ctors," in line 176, add the

words: Including the interest accruing on said bonds while so held. ·

To aid the Association for Wo?ks of ~lercy, District of Columbia. in the pur­chase of buildings and grounds, $10,000.

The amendment was agreed to. The next amendment was, in line 292, after the word i' dollars,'' to

insert "to be immediately available;" s0 as to make the clause read: For the purchase or constructioa of o. building for the National Homeopathic

HospUal of the District of Columbia., $15,000, to be immediately available. The amendment was agreed to. The next amendment was, in line 295, after the word ''dollars ' 1 to

insert "to be immediately available;" o as to make the clause read: For the construction of an additional building for the National.AsSQc.ia.Qon for

Destitute Colored Women and Children, $18,000, to be immediately available. The amendment was agreed ro. . The nm amendment-was, in the appropriations "for Metropolitan

pOlice," in line 3541 before the WOfd II priVates," tO Strike OUt II ninety" and insert "one hundred;" so as to read:

One hundred privates. class 1, at $900 each. The amendment was agreed to.

Mr. SHERMAN. That is right. That will save them their legal The next amendment was, in line 380, to increase the total amount rights. If they claim·more than that, and cl:Wn. the benefit of a. rise : of the approprin.tions "for Metropolitan police" from $335,220 ro in the value of the bonds, I do not think they will have any right to $344,220. that. The amendment was agreed to.

The PRESIDING OFFICER. The amendment will be read. The next amendment was, in line 395, after the words ''to be,'' to

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1885. CONGRESSIONAL -RECORD-SENATE. 1383 strike out "kept under the control of the commissioners and be in- ­vested in United States or District bonds" and to. insert:

Invested in United States or District bonQs by the Treasurer of the United State , and be held by him subject t-o the diafts of the commissioners for expend­itures made in pursuanee of law, and ~uch expendituresshallbeaccounted for as required by law for other expenditures of the District.

So as to make the clause read: Provided, That hereafter the commissioners shall deduct $1 eacll month from

the pay of each policeman, which sum so deducted shall be added to· a.nd form a part of the present police fun~ to be invested in United States or District bonds by the Treasurer of the United States; and be ht'ld by him subject to the draft-s of the comm.issioners for expenditures made ~pursuance -of law, and such expenditures shall be accounted for as 1·equired by law for other expendi­tures of the District.

The ame)ldment was agreed to. The next amendment was, in the aJ?propriations ''for the fire deJ>arl­

ment, '' in line 409, after the word ' one,'' to strike out ''secretary'' and insert "clerk;" 80 as to read:

One clerk, $900. The amendment was agreed to. · The next amendment was, in line 414, to reduce the appropria~on

for compensation of "two tillerrilen " from $900 each to 800 each. The amendment was agreed to. . · The next amendment was, in line 419, to reduce the appropriation

" for fuel " from $2,250 to $2, 0()0. The amendment was agreed to. The next amendment was, in line 421, to reduce the appropriation

for "forage" from $6,000 to $5,500. The amendment was agreed to. The next amendment was, in line 425, after the word " furniture,"

to insert '' fixtures; '' and in line 427, after the word . '' ~terns,'' to strike out "six " and insert "seven; " so as to read:

Contingent expenses, including office-rent, horseshoeing, furniture, fixtures, washing, oil, medical and stable supplies, harness, blacksmithing, labor, gas, and oilier necessary items, S7.~.

The amendment was agreed to. The next amendment was, in line 429, to increase the total amount

of appropriations" for the fire department" from $108;100 to $108,150. The amendment was agreed to. , The next amendment was, inline431, aftertheword "each," to strike

out "employe oi fire department" and insert "fireman;" in lli!e 432, after the word "fund," tO strike out "under the control of the com­misSioners; '' in line 434, after the word ''bonds,'' to insert ''in manner provided in this act for the police fund; " and after the word '' any," in line 435,-to strike ou.t "employe of fire -department". and insert "fireman;" so as to make the _proviso read:

Provided, That hereafter the commissioners shall deduct $1 each month from the pay of each fireman, which sum so deducted shall be kept as a firemen's relief fund, and be invested in United "States or District bonds in manner provided in this act for the police fund, a.nd shall be used for the relief of any fireman who, by accident, while in adual performance of duty, or by service not less than fifteen years, shall become so permanently disabled as to be discharged from service therefor; and in case of his death from such accident, leaving a widow or children under 16 ye&ra Q{ age, for their relief.

The amendment was agreed to. The next amendment was, in line 442, after the word ''one,'' ·to strike

out "employe of fire department" and insert "fireman;" and in line 446, after the word '' any,'' to strike out '' employe of fire depart­ment" and insert "fireman;" so as to read:

Provided further, That such relief shall not exceed for any one fireman or his family the sum of $50 per month; and a sum not exceeding $75 ma.y be allowed from said fond to defray the funeral expenses of any fireman dying in the serv­ice of the District.

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

before the word ''thousand," in line 482, to strike out "forty-:pine" and insert "fifty-nine;" so as to make the clause read:

For salaries of superintendents, teachers, an·d janitors, secretary of the board, . and clerks, including addiUonal·tea-chers, rents, repairs, fuel, furniture, books, •tationery, new school buildings, furniture for new school buildings, and other necessary items, $559,930, namely.

The report was agreed to. The next amendment was, before the word ''thousand,''· in line 495,

to stri_ke out "eighty-five" and insert "ninety-five;" so as to make the clause read:

For teachers, t-o be employed a.t a rate of compensation not to exceed the rate provided by the present schedule of salaries, and at an average salary not tQ ex­ceed $670, 3395,000.

The amendment was agreed to. Thenextamendmentwas, inline502, before the word "at," to strike

out '' one new building' 1 and insert'' Dennison buildings;'' so as to read: For ja.nitors, and care of the several school buildings: For care of the high­

school building,$1,600; of the.Teffersonbuilaing,$1;400· of th:e Franklin build­ing, 81,100; of the Force, Seaton, .Henry, Webster, Gaies, Peabody, Walla.ch, Garnet-t, Sumner, Analostan, and Dennison buildings, at $900 each.

The amendment was agreed to. The next amendment was, after the word " buildings," in line 532,

to insert "and-for all other buildings provided for in this act;" so as to make the clause read:

1 For buildings for schools: For the purchase of sit-es, when necessary, and the

,.

erection and completion o(.new buildings, and for furniture for new acllool. buildings, $60 000: Provided, That the plans and specificat.i~ns for each or said buildings, and for all other buildings provided for in this act, shall be p.repa.red by the inspector of buildings of the DlStrict of Columbia., and slmll be approved by the Architect of the Capitol and the commissioners of the District, and said buildings shall be constructed by the commissioners in conformity therewith, and shall be contracted for and finished by the 1st day of .July, 1886. ·

The amendment was agreed to. Th~ext amendment was, in the appropriations for "health depart­

ment, ' after .the word "dollars," at the end of line 562, to insert " re-pair of pest hospital, $600. '' ·

The amendment was agreed to. The next amendment was, in line 563, to increase the total amount

of the appropria-tions for the "health department" from 43,530 to $44,130.

The amendment was agreed to. . The reading of the bill was resumed and concluded. · Mr.PLUMB. Thecommitteeamendmentsn,owhaving~en ·a-dopted

I move, on page 5, line 97, after the word '' tho'USand,'' to insert '' two hundred,'' so as to make the salary of the assistant inspector of build­ings $1,200. I make that motion on the request of the commissioners.

The amendment was agreed to. Mr. PLUMB . . The total of the paragraph should be increased to

correspond. · The PRESIDING OFFICER. Will the Senator state in what line? Mr. PLUMB. In line 135, so as to make the total read $65,690 in-

stead of $65,490. . The· amendment was agreed to. l't!r. PLUMB. I move to insert after line 152:

For the purpose of defraying the expenses of the assessm-ent of the real proo­erty of the District of Columbia, as provide~ by th.e act of lUarch 3, 1883, $15,000.

The amendment was agreed to. Mr. PLUMB. On page 14, line 314, I move to insert the words

"purchase of and" before the word "repairs;" so as to read: Purchase of and repairs to pumps.

The amendment was agreed to. Mr. PLUMB. On the same page, line 311, after the word "forty,"

I move to insert "five," so that the appropriation for "current work on county roads and -suburban streets-" shall be $45,000 in pJace of $40,000, and the total should be changed in line 315.

Mr. MORGAN. I ask the Senator from Kansas to explain why it is that he wants $5,000 more for county roads and suburban streets?

1\Ir. PLUMB. All I know about it is that the commissioners state that they have some work to be done which comes properly within this appropriation which requires its ·increase from $40,000 to 45,000.

:Mr. MORGAN; They ought to come in here with statementri; that the committee can exhibit.

lir. "PLUMB. If the Senator thinks it ought not to go in I have no objection to letting it go out~

Mr. 'MORGAN. Letit go out then. Mr. PLUMB. I withdraw the amendment . • The PRESIDING OFFICER. The amendment is withdrawn. Mr. PLUMB. On page 17, ·line 393, I move to strike out "accident

while in actual performance," and insert "injuries received or dise:l.se contracted in line;" so as~ :tea<!: ·

And said police fund shall be used for the relief of any policeman who by in­jury received or disease contracted iu line of duty or by service not less than fifteen years, &c. . ·

The amendment was agreed to. • Mr. PLUMB. In line 396, I move to strike out the word" accident"

after the word "such," and insert" injury or disease;" so -as to read: .And in case of his death from such injury or d.iseJJ.se.

I will state that these amendments are made on the suggestion of the'policemen whose fund this is, being deri-ved from their salaries.

The amendment was agreed to. · Mr. MORGAN. There should be a comma after "widow," in line

396. . 1\Ir. HOAR. Is it the intention of the paragraph to require the dis­

ability to be caused by the policeman serving more than :fi.fteen years? Suppose he serves thu:ty or forty years and becomes disabled by old age?

Mr. PLUMB. I unllerstoo<l this covers the whole class of cases where a man is disabled by injury received or disease contracted in. the line of duty, or where he-

Mr. HOA.R. I inquire whether it really expresses that meaning. 1ilr. PLUMB. That W(IS the intention. )lr. HOAR. It reads:

An,d said police fund sha.Y be used for the relief of an·y policeman who, b;:~ · ac­cident while in actual performa.nce of duty or by service not less than fitleeu years, shall become so permanently disabled, &c.

Which would require that the service should have caused the disa­bility.

Mr. PLUMB. That was the intention. Mr. HOAR. But suppose a man had served thirty years and has

become disabled by old age, would you give him then the benefit of

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I

1.384 CONGRESSIONAL RECORD-SENATE. FEBRUARY .7,

the fund? · Would it not be well to say th.at "having served not less than thirty years shall become pennanently disabled.''

The CHIEF CLER~. In line 393, after the wo:rd "or," it is proposed to strike ont "by service·" and insert "having served;" so as to read:

llr: PLUMB. 11 Or not having served less than fifteen years." · Mr. HO.AR. Yes.. I suppose if a man has served ftfteen years and

has become permanently disabled, and has become a charge upon the· service by reason of the disability, it is the intention to give him the benefit of this fund, although the service has not caused the disability. As it is now expressed, it would require the disability to be cat!ed by

And said police fund shall lie use~ for the relief of any policeman who, by injury received or disease contracted m line of duty, or having served not less than fifteen years, &c.

The amendment was agreed to. l\lr. PLUMB. I move to add .at the close of line -612, on page 26-

And hereafter the supply of Potomac water may be extended to points in the

the sertice. · Mr. PLU1\IB. ~ shall not object to the amendment if the Senator ·

will propose it.

District beyond the limits of .Washington and Georgetown upon like terms and conditions as are · provided by law for the supply of the same in those cities. · ·

The amendment was agreed to. Mr. HOAR. Will not the ~enator.from Kansas propose his own lan.­

guage? M..r. PLU:l\IB. At the end of line 393 striKe out "by service" and

insert "having ~erved." Tflat _expresses the idea of the Senator from Massachusetts.

llr: PLUMB. I ask to have inserted in the RECORD the appendix which is referred to in the provision of the bill making appropriations for the streets. ·

Tlie PRESIDING OFFICER. It will be so ordered if t~cre be no objection.

The PRESIDING OFFICER. The amendment will be reported. ~ paper referr~d to is as follows:

APPENDIX Gg. In relation to tlte estimates of tl!e commissioners of tiLe District of C<Jlwnbia. (See page 192.)

lliPROVEl\IENT AND REP ~IR. ' SCRJml:LE OF WORK PROPOSED TO BE EXECUTED DUlliNG THE FISCAL YEAR 1886.

CLASS A.-Replacement of wood.

~h·eet. From- To- Square yards. Cost per Total cost. square yard.

3,910 $225 f9,255 00 1,429 225 3,400 00 3,740 2 75 10,740 00 2,806 225 6,700 00 2,920 .6,920 00 2,710 6,097 00

Fifteenth street northwest ... .................. S street .......................................... ,..... U street ........................................... .. Eighteenth street n'orthwest ................. : K street ..................... :.: ..................... L street ............................................ .. Nineteenth street northwest·.................. K street............................................. 1'11\II sstretreeett .... ·.·.·.·.· .. ·.·.·.·.· ..... ·.·.·.·.·.·.·: .... ·.·.· .. ·.·.· .... ·.· .. · .... ·.·.·.·.·.·.·.·.·. Twenty-second street northwest............ K street............................................. . •.rwcnty-third street north we t ...... ........ K street.............................................. l\[ street ............................................ .. New Hampshire avenue northwest ........ P street ...................................... : ...... Q street:: .......................... : ................ .

17,515 43,ll2 00 ··········-·····~·:. , •rotnl Glnss .'.. ............................... . ~ ................................................................................ -........... : ............................ 1

----------~----+-----------~--------~---------GLASS B.-Replacement of rubble.

4,151 $225 Sll,819-0o 4,457 .225 10,728 00 1,493 225 4,865 00 1,645 2 75 5,957 00 :1,150 225 14,861) 00 5,060 225 15,27~ 00

830 225 2,448 00 860 225 12,315 00

22,646 .: ........... , .......... , 68,271. 00

CLASs C.-Layill{l new pavemC11ts.

··~l f225 · $22,021 00 3,637 225 8,603 00 4,600 225 12,300 00 4,600 225 11,000 00 2,800 225 6,650 00 1,853 225 6,000 00 3,000 225 7,100 00 7,928

2 25 I 20,463 00 5,230 225 • • 17,700 00 5,81~ . 2 25 13,745 00

48,766 ! ............... : ........ , 125,582 00 I .

Sixth street. s.outheast: .............................. , East Ca.pitol strect ............................. l South Carolina avenue .................... .. A. st!-eet southeast..................................... Third street........................................ Sixth street ....................................... . Fifth street northeast ..... ~ ......................... East Capitol street.. ............... , ........... Maryland avenue ............................. . Rixth street northeast.............................. East Capitol street............................. Massachusetts avenue ...................... .

!::[f:~~~F.~>:~:·::~::::::~::~:::::::' ~~~!'!:~~~:::::::::~::::::::::::::::::::::: f:f~~;~~~;.~i:::::::::::::::::::::::::::::: Thirty-first street, Georgetown*.............. P street .................................... :.......... U street ................................ -.......... .. 0 street, G!!orgetown .............................. Twenty-eighth sti·eet ... ~ .................... Thirty-second street ......................... . . . i

To~ ClassC ...................... : ............ 1

............................................................

1 ........................................... - ...............

1

CLASS D.-Grading and !'egulating.

Eighth street southeast ............................ j Pennsylvania avenue ........................ EEJnestveCnalphitsotrlesetit·.e_e,.t ... · .. ·.:·.·.·.·.· ..... ·.· .. ·.· ....... ·.· .. ·.·.·.·.· ...... '·.·.·.· .. · .... ·.·.·.· .. · ....... ·.· .... ·.·.· .. ·.· ·.••·.·.·.· ......... · .. ·.· .. ·.· .... ·.·.·......... ~. Ooo 00 E street southeast ........... ,........................ Third street ............. :......................... 10,300 00 G street southeast.................................... Third street....................................... Eleventh street.................................. ........................ ........................ 12,000 00 South Carolina avenue southeast............ 'rhird street....................................... Eleventh street ............................ . h .. ........................................... ~.. 9, 600 00

~~J.;~~f~~~;~:::::::::::;::: ii~T~r:~~~~::':::::i·::·H:\~:t::: l ~f~it;~t~::::;:H::;::.:::.~::~::::: :~::::~::~~~:~H~H~ ~:~:H~~::::::::H: 4i i For filling up any streets below the_ established grade, provided the cost in no ~stance shall ex~d 10 cents per cubic yard.......................................... 5, 000 00

1-------Total Class D .. ............................ : ............................................................................................................ _ ............... ...... : .......................... ........ _...... ~,100 00

NoTE.-'l'he cost of grading, in addition to the cost of pavement proper, is included in the total cost on all the streets in Classes A, B,. and C. On streets marked thus, *,the co t of curbing and sidewalks is also included. "Grading and regUlating" includes grading, laying sidewalks with curbstones and gutt~rs, and Jrr&l'eling or macadamizing the roadway. Asphalt pavements are est-imated to cost $2:25 per square yard, and granite-block pavements $2.75 per square yard. '£he above estimates do. not include th~ work within two feet of railroad-tracks, which w!Jl be paid for by the railroad companies. .

RECAPITULATION.

1 Sq. yds. Cost. \ Amount.

Class .-\ .......................... :................................................................ 17,515 $43,112 Southeast section ................................................................. :............ $70,524 Class B......................................................................................... 22 646 68 271 ~ortl~eas\;o;;ectt?n .................................................................... :......... . !~·~

:.~;~:~·: .. :·:::::: .. ::;::·:· .. :::: .. : .. ::.: ... :·::::.·::::.:::::::::~:::::::::·:::::::.::.::::: !~1~ ::l:~~~~~~::~~~~::".:;~~:·t:::.~:·~·~: .. ::.~~:::::::::::~~::~i:::::~:l~

1885. d0NGRESSION.A1.- REC9RD-:..SENATE. 1385 The bill was reported to the Senate as amended. Mr. SHERMAN~ I call for the separateconsiderationoftheamend­

ment on page 8. I ask-to have it read in oiderto modify the language 110mewbat and Can the attention of the Senator from Kansas to it. I ask that that amendment- be :read. ·

The PRESIDING OFFICER. It will be read. The CHIEF CLERK. In line 173, after the word ' ' dollars,'' the fol­

lowing _proviso was added: Protrided That all moneys which have been or which may herea-fter be legally

retained f;om oontractors shall be invested and held by the Treasurer of the United States, and any sum which has been or shall 1>4: reali?led fro!ll such in­vestments in excess of the amounts due to contractors, 1ncludmg all 1nterest on . said bonds shall be deposited in the Treasury, to the cre<li,t of the United States and of the District of Columbia in equal parts.

Mr. SHERMAN. To make clear and certain the amendment which was put in at my suggestion, instead of the words inserted in line 176 I will ask that .the clause .be amended so as to use these words instead of those I offered. 1\ly only desire is · to carry out the same idea and make it so clear that there will be no controversy. In line 176, after the word " contraetors," I wish to insert:

Including the interest on such bonds that has accrued or shall accrue before the full payment to such contractors. .

Mr. PLUMB. That is entirely satisfaetory. The amendment to the a~endment was agreed to. •. Mr. SHERMAN. That gives them the interest and the Government

the profit, whateverit is. The amendment as amended was concurred in. The remaining amendments made-as in Committee of the Whole were

concurred in. · The amendments were ordered to be engrossed and the bill to be read

a third time. . The bill was rend the third time, and passed. _

MARY ALLEN.

Mr. PL"QMB: I ask unanimous consent that the vote by whicJ:l the bill (H.- R. 2100) granting~pension to Mary Allen was indefinitely post­poned ye8terday be reconsidered and the bill placed on the Calendar.

The PRESIDING OFFICER. If there be no objection that order will be made.

OR:QER OF BUSINESS.

Mr. DOLPH. I move to take up for consideration House bill No. 7004, Order of Business 1001, being the bill to repeal all laws provid­ing for the pre-emption of the public-lands and the laws allowing en-tries for timber-culture. · .

Mr. ALDRICH. I ask that the unfrllished business be laid before the Senate. . r

The PRESIDING OFFICER. Under the existing order of the Sen­ate it becomes the tluty of the Chair to lay before the Senate the un­finished business, being House bill No. 4976, for the retirement and recoinage of t)le trad&dollar, pending which the Chair will present bills from the House Qf Representatives for reference.

• HOUSE BILLS REFERRED.

The bill (H. R. 44_9) to provide for the appraisement and sale of lots in the town of Peru, Dubuque County, Iowa, was read twice by its tiUe, and referred to the Comniittee on Public Lands.

The bill (H. R. 6881) for the relief of the trustees of the .Christian Brothers' College, of Saint Louis, Mo., was read twice by its title, and referred to the Committee on Claims.

,.--- SAL~T CROIX RIVER BRIDGE.

The PRESIDING-oFFICER laid before the Senate the action of the House of Representatives non-concurring in _the amendments of the Senate to the bill {H. R. 3258) to authorize the construction of a bridge across the Saint Croix River at the most accessible point between Still­water and Taylor's Falls, Uinn., and asking a conference with the Sen­ate on the disagreeing votes of the two Houses thereon.

Mr. CONGER. I move that.the Senate insist on its amendments and grant the .conference asked by the House. ·

The motion was agreed to. By unanimous consent, the Presiding Officer was authorized to ap­

point the conferees on the part of the Senate; and Mr. CONGER, Mr. Mci\ln,LAN, and Mr. VEST were appointed.

ORDER OF B"GSINESB.

1\Ir. BECK. Mr. President--ThePRESIDING OFFICER. The Senator from Oregon [1\Ir. DoLPH]

has been recognized. Mr: BECK. The unfinished business having been laid be1ore the

Senate, I merely desire to say that being a member of the Committee on Finance, and not agreeing with the majority of the committee, I wish to say something in regard to the subject on Monday, when it comes up. I do not want to take the floor unless.! am entitled to it; but if I am, I should like when the bill comes up again to be -recog­nized.

The PRESIDING OFFICER.. The Chair has previously recognized the Senator from Oregon, who was interrupted by laying messages ~ fore the Senate.

Mr. BECK. I beg-pardon; I was not aware of that. . Mr. DOLPH. If it is the understanding that the present order of

business is to be concluded at this time, of coruse I do not want-to an­tagonize it; but I do not want other bills to be considered before that is disposed of, to the exclusion of the bill referred to by me; ·therefOre I make the motion to take up for present consideration the bill (H. R. 7004) to repeal all laws providing for the pre-emption ofthe ·public lands and the laws allowing entries for timber-culture.

1\Ir. DAWES. Does the Senator from Kentucky propose to go on to-night?

1\lr. BECK . . No, I do not. I propose when the silver bill is called up on l\Ionday to have the floor. _ - _

Mr. DAWES. If the Senator from Kentucky does not wish to pro­ceed to-night I should like to call up a bill which I think will cause no debate. -

The PRESIDING OFFICER. A motion to proceed to the consider­ation of another bill is not; under the rules, open to debate.

:Mr. DOLPH. I withdraw my motion. 1\Ir. DAWES. If the Senator from Kentucky does not desire to go

on now, I ask that the unfinished business be informally laid aside that I ~y call up Order of Business 1112. _

The PRESIDING OFFICER. The Chair will state that the Senator from Kentucky is recognized by the Chair as entitled to the floor when the unfinished business shall be resumed.

Mr. BECK. I am satisfied with the announcement of the Chair. ft-Ir. DAWES. Now I ask unanimous consent for the consideration

of the ·bill I have 'named. · . The PRESIDING OFFICER. The Senator from Massachusett.c3 asks

unanimous consent that the Senate prqceed to · the conside~tion ~f Order of BusinesS 1112, being the bill (S. 2609) to provide permanent reservationS for 'the Indians in Northern Montana, and.for other pur­poses. Is there objection to the present consideration of this bill?

Mr. HARRIS. I do not think we can consider that bill this evening. Mr. DAWES. Does the Senator desire to object to i{? · Mr. HARRIS. I think it is a bill perhaps too important to be con­

sidered at this hour of tlie ~vening. Mr. DAWES. If the Senator thinks it will cause debate, I do not

wallt to take time. . 1r1r: HOAR. I ros~ to move to proceed to the consideration of exec­utive business, but I do not want to interfere with my colleague.

1\Ir. DAWES. If the Ser..ator from Tennessee thinks this bill will cause debate, I shall not urge that it be taken up now.

Mr. HOAR. I move tha~ the Senate proceed to the consideration of • executive business.

:Mr. HAMPTON. Ma,y I ask the Senator from Massachusetts to. with­draw that motion for a moment?

Mr. HOAR. Certainly. ·

TENEDORE 'l'EN EYCK.

Mr. HA.MJ?TON. I have a bill that has been at the head of the Cal· endar for several weeks, and I am sure that it will not take five min­utes to consider and pass it, and I should be very glad to have action upon it to-night, if possible.

The PRESIDING OFFICER. The Senator from South Carolina asks unanimous consent that the Senn.te at the present time consider a bill. Will he name it? · . ·

~Ir. HAMPTON. If it leads to any debate I shall consent to its post­ponement. It is the bill (S, 1300) to authori2e the President to restore Tenedore Ten Eyck to his former rank in the Army, and to place him upon the retired-list of Army officers. !think, withawordof-e:Xplana-tion, that bill will lead to no objection. .

The PRESIDING OFFICER. Is there objection to thepresentcon­sideration of the bill named by the Senn.tor from South Carolina?

Mr. HOAR. Let the bill be read informally for information. The PRESIDENT pro tempore. The bill will be read at length for

information, subject to objection. -The Chief Clerk read the bill (S. 1300) to authorize thePresident to

restore Tenedore Ten Eyck to his former rank in the Army, an<J to place him upon the retired-list of Army-officers; and, byunanimousconsent; the Senate,_ as in Committee of the Whole, proceeded to _its considera­tion.

Mr. PLATT. Is there a report in that ~? If so, let it be r_ead. Mr. HAMilT-ON. 'If Senators will allow me, I think I can save

time by an explana~on of two or three minutes, which will cover all that is in the report, which is quite a long one. I hope that will be satisfactory. I propose to do it on~y to save time.

This gentlem;;Ln went before the retiring board, having a ver'y severe illness. He was examined, ·and the board, while admitti~ that his disease was of a very serious character, thought that it wastlot _pen:na­nent. He was t:Qerefore not recommended for retirement, and was dropped subsequently from the rolls ofthe Army;· but an examination by a very large number of physicians-all their affidavits are in the report-proved that up to six days before the examination, and from that day to this, he has been a confirmed invalid. The only obstacle in theway at all was that the retiring board had given an adverse verdict upon the case.

.rJ.IffT H 2,.,-o

1386 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 7, l 'ir a-:5'

One of _the members of that board, General Miles, is now in the city, and I communicated with him upon the subject and submitted to him the affidavits of all these eminent surgeons, and he writes this;

EBBITl' Hou E, Washingtan, D. o.,January22,1855. MADAn: In regard to yo11T husband's retirement from the Army irt 1871, lean

only say that to the best of my recollection, he appeared before the retir4lg board at Lea.;enworth, Kans., in the autumn of1870, ofwhichlwas a member. The report of the medical officers who examined him was that his disability was not of a permanent natlir~. From what I can learn of his case since I have no doubt that his disease wns not temporary but of a cllronic order.

Respectfu~ly, NELSOX A. MILES:-

Mrs. T. TID< EYCK.

AsSistant Surgeon-G~eral Perrin was one of th~ me~ officers who thought the disease was not permanent. I received a dispatch from him. Somebody had sent him a copy of the report of the Military Committee.

FoRT Ss.ELLD"G, .l\ill""N., February 3, 1885. To ScnatorWADE liAxPToN, •

United Slates Senate, Washington: Have received the report of your committee. From the affidavits therein

given it. appears that the diseases from -which Captain Ten Eyck suffered at the time he was before the retiring board have proven permanent in character. The short .time he was before the board gave little opportunity of judging of the permanencyorehronic nature of tbedia.rrhea .. It i not unlikely that the board may have erred in its findings.

G. PERRIN, .Assistant Surgeon-General United States.Armv.

I will say further, and I ani sure that will satisfy the whole Senate, that my friend, the Senator from Missouri [Mr. CocKRELL], who is on the committee and was originally opposed to this bill, upon seeing these letters and telegrams from theAssistantSurgeon-General, has admitted the justness of this claim, and said he wo~d go for the bill, and I am sure if he goes for it nobody in the Senate will make any objection.

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

EXECUTIVE SESSIO~.

1tlr. HOAR. I now renew the motion that the Senate proceed to the consideration of executive business.

The motion was agreed to; and the Senate proceeded to the co~d­eration of executive business. After five minutes spent in executive session the doors were reopened, and (at 5 o'clock p.m.) the Senate adjourned. - · ·

HOUSE OF REPRESE~TTATIVES.

S.ATURD.A.Y, February 7, 188:>. The Hou e met at 12 o'clock m., ltlr. BLACKBURN in the chair as

Speaker pro tempore. Prayer by the Chaphiin, Rev. JOHN S. LIND-SAY, D. D. • .

The Journal of the proceedings of yes~rday was read ~nd approved. OFFICERS AND CREW OF STEAMER CORWIN . .

1\Ir. SINGLETON, by unanimous consent, reported back favorably from the Committee on the Library: the joint resolution (li. Res. 317) proposing the thanks of Congress to Capt. M. A. Healy and the officers and crew of the revenne-marine steamer Corwin; which was referred to the House Calendar, and the accompanying report ordered to be printed.

CLERK TO CO~OOTTEE ON AC<J9UNTS. 1\[r. DOCKERY. I ask. unanimous con8ent to offer a resolution for

reference. The SPEAKER pro tempore. The resolutio11 will be read subject to

objection. . The Clerk read as follows:

Resolved, That from and a.ft~r Mardt 1, l1l&>, the clerkship to the Committee on Accounts be an ~unual clerkship, with compensation fixed at 82,000 per annum.

1t1r. HEWfTT, of Alabama. I call for the regular order. The SPEAKER pro tempore. ~he gentleman from Alabamtt [Mr.

HEwrr.r] objects to the reference of this resolution. INTERSTATE CO~RCE.

Mr. REAGAN. I ask unanimous conse~t to take fr~m t.he Speaker's table, with a view of having a disagreement in the amendments of the Senate, House bill 5461, known as the "interstate-commerce bilL"

Mr. WASHBURN. Mr. Speaker, we do uotunderstand the"request of the gentleman from Texas [Mr. REAGA..."'\"].

The SPEAKER pro tempore. The gentleman from Texas asks to take . from the Speaker's table House bill 54t>l in order that Senate amend­ments thereto may be disagreed to and a committ.ee of conference ap­pointed. The Clerk will report the title of the bill.

The Cler¥ead as follows: A bill (H. R. 54-61) to establish a board of commissioners of interstate commerce,

and to prohibit unjust discriminations by common carriers. The SPEAKER pro tempore. The gentleman from Texas asks to take

this bill from the Speaker's table with a view of reaching a conference with the Senate.

Mr. O'NEILL, of Pennsylvania. Mr. Speaker, I object. The SPEAKER pro tempore. Objection is made.

· JACOB PINDLE. Mr. OATES, by unanimous consent, submitted the following resolu­

tion; which was read, and referred to the Committee on Accounts: Resolved, That the Clerk-of the House pay to Jacob Pindle out of the oontin­

gent fund of the House the sum of $50 per month for services rendeTed in the bath-room of the House of Representatives during the second 8e8Sion of t.he Forty-eighth Congress. .

ANTE-BELLUM POST-OFFICE WARBA.NTS. The SPEAKER pro tempm·e. The Chair, if there be no objection,

will lay before the House several executive communications and per-sonal requests. .

There was no o~jection. The SPEAKER pro tempo>·e laid before the House a letter from the

Secretary of the Treasury, inclosing a communication from the Sixth 1\.uditor, as1..ring an appropriation to pay ante-bellum po t-offi.ce war­rants; which was referred to the Committee on Appropriations, and or-dered to be printed. •

IMPROVEMENT OF HOT SPRING . The SPEAKER pro tempore also laid before the House a letter from

the Secretary of the Treasury, transmitting estimates from the Secre­tary of the Interior of an appropriation for the protection and improve­ment of Hot Springs; which was referred to the Committee on Appro­priations, and ordered to be printed. ·

INDIAN DEPREDATION CLAIMS.

The SPEAKER JJro tempore also laid before the House a letter· from the Secretary of the Interior, transmitting a supplemental report on certain Indian depredation claims; which was referred to the Commit-tee on Indian Affairs, and ordered to be printed. ·

DAMAGES FOR COLLISION WITH UNITE_D STATES STEAMER.

The SPEAKER pro tempore also laid beiore the House a letter from the Acting Secretary of the Treasury, transmitting a communication from the Secretary of the Navy relative ro a claim for damages resulting from-collision of a Japanese junk with United States steamer Ashuelf>t; which was referred to the Committee on Appropriations, and ordered to be printed.

SUPPLEMENTAL ESTTI\IATES OF APPROPRIATIONS. The SPEAKER pro tempore also laid before the House a letter from

theSecretaryoftheTreasury, transmittingsupplementales~tesofap­propriations fo:r the current :fiscal year; which was. referred to the Com­mittee 011 Appropriations, and ordered to be printed.

REPORT OF RED-CROSS CONFERENCE. ~ The SPEAKER pro tempore also laid before the House the following

message from the President of the United States; which was read, and, with the a~mpanying documents, referred to the. Committee on For­eign Afih.irs, and ordered t~ be printed: To the House of Represeni.atilc~s of the United ~: .

I transmit herewith a communication from the Secretary of State, submitting, at the request of a delegate of the United Stales tp the third international con­ference of the Red Cross, he\d in September, 1884, a copy of the preliminary re-port of that conferenc.e. CHESTER A.• ARTHUR.

Ex.Ect.'TIVE lUANSlO~, February 2, 1885.

WITHDRAWAL OF PAPERS. ltlr. VAN ALSTYNE, by 11llanimous consent, obtained leave to with­

draw from the files of the House, without leaving copies, pape~ in the ca e of Daniel Leary. · ·

JAMES H. BLOUNT. Onmotion ofMr. WHITE, of Kentucky, by unairimous consent leave

was granted for the withdrawal from the files of the Honse of the pa­peTS in the case of James H. Blount without leaving certified copies.

J_oiNT RE OLUTION SIGNED~ Ur. NEECE, from the Committee on Enrolled Bills, reported that

they had examined and found truly enrolled joint resolution (H. Res. 309) extending the permission granted Maj. William Ludlow by the act of February 28, 18 3, to accept a civil position; when the Speaker signed the same.

CHRISTIAN BROTHER 1 COLLEGE, SAINT LOUIS, l\10.

The SPEAKER pr7> tempore. Under the rule, the Chair will now en­tertain a motion to take up bills and joint resolutions for consideration, the order beginning at twenty-two minutes past 12 o'clock. The first bill in order is the unfinished business coming over from yesterday, which is House bill 6881 on the Priv~te Calendar, for the relief of the trn tees of the Christian Brothers' College, of aint Louis, Mo., reported with an amendment, and which the gentleman from Missouri [:rtlr. O'NEILL] asks be taken up for consideration.

.M:r. O'NEIJ;.L, of Missouri. I will yiel4 to my colleague [M:r. BROADHEAD], in whose district the college referred to was located. Their present college is in mine.

The SPEAKER 'pro tempore. Debate 011 both sides under the rule has been exhausted, and the question now is, Is there objection to the p-resent consideration of the bill ?

Mr. HOLMAN. Has the ten minutes of debate been exhausted? The SPEAKER pro temp01·e. It was exhausted on yesterday in the