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1220 CONGRESSIONAL RECORD-HOUSE. J .ANUAliY 26, Philadelphia, Pa., indorsing House bill No. 887, to provide for adding and completing specimens and productions, etc., to be ex- hibited in the Philadelphia museums-to the Committee on Inter- state and Foreign Commerce. By Mr. BURLEIGH: Petition of post-office clerks of Augusta, Me., in favor of the passage of House bill No. 4351-to the Com- mittee on the Post-Office and Post-Roads. By Mr. CLARK of Missouri: Protest of the American Federa- tion of Labor, against the · ceding of large areas of the public domain to individuals and corporations-to the Committee on Labor. By Mr. COWHERD: Papers to accompany House bill granting a pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa., indorsing House bill No. 887, to provide for adding to and completing specimens and productions, etc., to be exhibited in the Philadelphia museums-to the Committee on Interstate and Foreign Commerce. By Mr. DOLLIVER: Papers to accompany House bill to increase the pension of Seymore Bookman-to the Committee on Invalid Pensions. By Mr. ELLIOTT: Petition of citizens of Charleston County, S. C., for improvement of the inland water course for navigation north of Sullivan and Long Island, South Carolina-to the Com- mittee on Rivers and Harbors. By Mr. EPES: Paper to accompany House bill for the relief of Reuben Ragland-to the Committee on Claims. Also, paper to accompany House bill No. 7345, to establish a national military park at the battlefields around Fredericksburg, Va.-tothe Committee on Military Affairs. By Mr. ESCH: Resolutions of Eagle Post, No. 52, Grand Army of the Republic, Department of Wisconsin, praying for the re- introduction and passage of bill for the appointment of honorably discharged soldiers, sailors, and marines to office-to the Com- mittee on Reform in the Civil Service. - Also, resolutions of E. B. Wolcott Post, Grand Army of the Republic, Department of Wisconsin, protesting against the pas- sage of a proposed bill providing for the removal of disabilities of all deserters from the military service of the United States-to the Committee on Invalid Pensions. By Mr. GREENE of Massachusetts: Petition of the National Woman Suffragists of Massachusetts, against the insertion of the word "male" in the suffrage clauses of the constitutions of Hawaii, Cuba , etc.-to the Committee on Insular Affairs. By Mr. HENRY of Mississippi: Papers in support of House bill for the relief of the estate of George Rea, deceased, late of Copiah County, Miss.-to the Committee on War Claims. By Mr. HULL: Papers to accompany bill granting a pension to }lira B. Woolson-to the Committee on Invalid Pensions. By Mr. JACK: Evidence submitted in support of House bill No. 5148, for the relief of W . B. Sutter-to the Committee on the Post-Office and Post-Roads. By Mr. KETCHAM: Petition of citizens of the town of Brew- ster, N. Y., for legislation relating to dairy or food products-to the Committee on Agriculture. By Mr. LACEY: Resolution of the Chicago Federation of Labor, against granting the arid lands to the States-to the Committee on the Public Lands. By Mr. LONG: Petition of R. P. Murdock and 6 others, of Wich- ita, Kans., asking for strict neutrality on the part of the United States in the war between Great Britain and the South African Republic-to the Committee on Foreign Affairs. By Mr. McDOWELL: Petitions of the publishers of the Ashta- bula Beacon and Telegraph and the Millersburg Farmer, .in the State of Ohio, urging the passage of House bill No. 5029, to put wood pulp and printing paper on the free list-to the Committee on Wayi:i and Means. By Mr. MOON: Papers to accompany House bill to remove the charge of desertion against the military record of Henry A. Cry- derman-to the Committee on Military Affairs. By Mr. NORTON of South Carolina: Petition of the board of health of the city of Charleston, S. C., with reference to yellow fever in Habana, Cuba-to the Committee on Interstate and For- eign Commerce. · ·- By Mr. PEARRE: Paper to accompany Honse bill for the relief t>f Chauncey Kimmell-to the Committee on Invalid Pensions. By Mr. RUSSELL: Resolutions of Division No. 1, Ancient Or- der of Hibernians, of Stonington, Conn., expressing sympathy with the Boers-to the Committee on Foreign Affairs. Also, petition of the Woman Suffrage Association of Connecti- cut, relating to suffrage in insular possessions-to the Committee on Insular Affairs. By Mr. RYAN of New York: Petition of Buffalo Merchants' Exchange, to order a preliminary survey of Black Rock Harbor and approaches thereto from Lake Erie-to the Committee on Rivers and Harbors. Also, petition of the Lake Carriers' Association, asking for the passage of the bill to establish an admiralty court at Buffalo, N. Y.-to the Committee on the Judiciary. Also, papers in behalf of the people of the Seneca Nation, New York Indians-to the Committee of Indian Affairs. By Mr. SHACKLEFORD: Petitions of the publishers of the Weatherford Democrat, Granville Herald, Shiner Ga2ette, Shn- . lenburg Sticker, Corsicana Truth, Lancaster Herald, Denton Moni- tor, Bonham News, Comanche Exponent, Dublin Progress , Myrtle Springs Herald, Georgetown Sun, Circo Roundup, Honey Grove Citizen, Bryan Eagle, Greenville Observer, Greenville Independ- ent Farmer, Jacksonville Reformer, Goldthwaite Eagle, Farmers- ville Times, Garland News, Brenham Banner, Hillsboro Mirror, Temple Times, Waxahachie Enterprise, Gainesville Register, Itasca Item, Longville Times-Clarion, and Henderson Times, all · in Texa.s; NewYorkMillsUusi Kotimaa, Minnesota; Dover (Del.) Sentinel, Gloucester (Mass.) Breeze, Willows (Cal.) Journal, Waukegan (Ill.) Gazette, Toronto (Ohio) Tribune, Cleveland (Ohio) Advocate, Pioneer (Ohio) Alliance, Sidney (Ohio) Ga- zette, Independence (Iowa) Farmers' Advocate, Burlington (Iowa) Post, Manchester (Iowa) Democrat, Ackley (Iowa) World, Omaha (Nebr.) Amerika, Honesdale (Pa.) Citizen, West Point (Nebr.) Republican, Carbondale (Pa.) Leader, Latrobe (Pa.) Clipper, Pottsville (Pa.) Journal, Susquehanna (Pa.) Transcript and Jour- nal, and Madisonville (Tenn.) Democrat, for relief from the paper trust-to the Committee on Ways and Means. By Mr. STEELE: Petition of Eli March and others, of Logans- port, Ind., for the reclassification of post-office clerks-to the Com- mittee on the Post-Office and Post-Roads. By Mr. UNDERHILL: Petition of clerks in the post.office at Sing Sing, N. Y., in favor of House bill No. 4351-tothe Commit- tee on the Post-Office and P03t-Roads. By Mr. WADSWORTH: Resolutions adopted by the Lake Car- riers' Association, Detroit, Mich., favoring the passage of House bill No. 3988, to reorganize and improve the Weather Bureau-to the Committee on Agriculture. Also, resolutions adopted by the trustees of Buffalo, N. Y., Merchants' Exchange, to amend the Revised Statutes of the United States relating to the northern district of New York, to divide same into two districts and provide for terms of court to be held therein-to the Committee on the Judiciary. Also, resolution adopted by the Lake Carriers' Association, held at Detroit, Mich., favoring the division of the northern judicial dis- trict of New York, etc.-to the Committee on the Judiciary. By Mr. YOUNG of Pennsylvania: Petition of druggists of the Twenty-first Ward, Philadelphia, Pa., Frederick Humphreys, M. D., and others, asking for the repeal of the stamp tax upon proprietary medicines, etc.-to the Committee on Ways and Means. Also, resolution of the Manufacturers' Club of Philadelphia, Pa., indorsing House bill No. 887, to provide for adding and com- pleting specimens and productions, etc., to be exhibited in the Philadelphia museums-to the Committee on Interstate and For- eign Commerce. HOUSE OF REPRESENTATIVES. FRIDAY, January 26, 1900. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. HENRY N. COUDEN, D. D. The Journal of yesterday's proceedings was read and approved. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. PLATT, one of its clerks , an- nounced that the Senate had passed without amendment a bill and joint resolution of the following titles: H. J. Res. 129. Joint resolution authorizing the Secretary of War to receive for instruction at the Military Academy at West Point Olmedo Alfaro, of Ecuador; and H. R. 4602. An act to authorize the Chicago, Rock Island and Pacific Railway Company to construct and operate a railway through the Fort Reno and Fort Sill military reservations, in the Territory of Oklahoma, and for other purposes. The message also announced that the Senate had passed with amendments the bill (H. R. 6237) making appropriations to sup- ply urgent deficiencies in the appropriations for the fiscal year ending June 30, 1900, and for prior years, and for other purposes, in which the concurrence of the House was requested. ENROLLED BILL SIGNED. Mr. BAKER, from the Committee on · Enrolled Bills, reported that they had examined and found truly enrolled bill of the follow- ing title; when the Speaker signed the same: H. R. 6 77 7. An act relative to the widening and extension of Sixteenth street in the District of Columbia. CENSUS. Mr. HOPKINS. Mr. Speaker, I have a privileged report which I desire to present-a conference report. The SPEAKER. The i·eport will be read.
Transcript
Page 1: 1220 CONGRESSIONAL RECORD-HOUSE. 26, - GPO pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa.,

1220 CONGRESSIONAL RECORD-HOUSE. J .ANUAliY 26,

Philadelphia, Pa., indorsing House bill No. 887, to provide for adding and completing specimens and productions, etc., to be ex­hibited in the Philadelphia museums-to the Committee on Inter­state and Foreign Commerce.

By Mr. BURLEIGH: Petition of post-office clerks of Augusta, Me., in favor of the passage of House bill No. 4351-to the Com­mittee on the Post-Office and Post-Roads.

By Mr. CLARK of Missouri: Protest of the American Federa­tion of Labor, against the· ceding of large areas of the public domain to individuals and corporations-to the Committee on Labor.

By Mr. COWHERD: Papers to accompany House bill granting a pension to Gevert Schutte-to the Committee on Invalid Pensions.

By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa., indorsing House bill No. 887, to provide for adding to and completing specimens and productions, etc., to be exhibited in the Philadelphia museums-to the Committee on Interstate and Foreign Commerce.

By Mr. DOLLIVER: Papers to accompany House bill to increase the pension of Seymore Bookman-to the Committee on Invalid Pensions.

By Mr. ELLIOTT: Petition of citizens of Charleston County, S. C., for improvement of the inland water course for navigation north of Sullivan and Long Island, South Carolina-to the Com­mittee on Rivers and Harbors.

By Mr. EPES: Paper to accompany House bill for the relief of Reuben Ragland-to the Committee on Claims.

Also, paper to accompany House bill No. 7345, to establish a national military park at the battlefields around Fredericksburg, Va.-tothe Committee on Military Affairs.

By Mr. ESCH: Resolutions of Eagle Post, No. 52, Grand Army of the Republic, Department of Wisconsin, praying for the re­introduction and passage of bill for the appointment of honorably discharged soldiers, sailors, and marines to office-to the Com-mittee on Reform in the Civil Service. -

Also, resolutions of E. B. Wolcott Post, Grand Army of the Republic, Department of Wisconsin, protesting against the pas­sage of a proposed bill providing for the removal of disabilities of all deserters from the military service of the United States-to the Committee on Invalid Pensions.

By Mr. GREENE of Massachusetts: Petition of the National Woman Suffragists of Massachusetts, against the insertion of the word "male" in the suffrage clauses of the constitutions of Hawaii, Cuba, etc.-to the Committee on Insular Affairs.

By Mr. HENRY of Mississippi: Papers in support of House bill for the relief of the estate of George Rea, deceased, late of Copiah County, Miss.-to the Committee on War Claims.

By Mr. HULL: Papers to accompany bill granting a pension to }lira B. Woolson-to the Committee on Invalid Pensions.

By Mr. JACK: Evidence submitted in support of House bill No. 5148, for the relief of W . B. Sutter-to the Committee on the Post-Office and Post-Roads.

By Mr. KETCHAM: Petition of citizens of the town of Brew­ster, N. Y., for legislation relating to dairy or food products-to the Committee on Agriculture.

By Mr. LACEY: Resolution of the Chicago Federation of Labor, against granting the arid lands to the States-to the Committee on the Public Lands.

By Mr. LONG: Petition of R. P. Murdock and 6 others, of Wich­ita, Kans., asking for strict neutrality on the part of the United States in the war between Great Britain and the South African Republic-to the Committee on Foreign Affairs.

By Mr. McDOWELL: Petitions of the publishers of the Ashta­bula Beacon and Telegraph and the Millersburg Farmer, .in the State of Ohio, urging the passage of House bill No. 5029, to put wood pulp and printing paper on the free list-to the Committee on Wayi:i and Means.

By Mr. MOON: Papers to accompany House bill to remove the charge of desertion against the military record of Henry A. Cry­derman-to the Committee on Military Affairs.

By Mr. NORTON of South Carolina: Petition of the board of health of the city of Charleston, S. C., with reference to yellow fever in Habana, Cuba-to the Committee on Interstate and For-eign Commerce. · ·-

By Mr. PEARRE: Paper to accompany Honse bill for the relief t>f Chauncey Kimmell-to the Committee on Invalid Pensions.

By Mr. RUSSELL: Resolutions of Division No. 1, Ancient Or­der of Hibernians, of Stonington, Conn., expressing sympathy with the Boers-to the Committee on Foreign Affairs.

Also, petition of the Woman Suffrage Association of Connecti­cut, relating to suffrage in insular possessions-to the Committee on Insular Affairs.

By Mr. RYAN of New York: Petition of Buffalo Merchants' Exchange, to order a preliminary survey of Black Rock Harbor and approaches thereto from Lake Erie-to the Committee on Rivers and Harbors.

Also, petition of the Lake Carriers' Association, asking for the

passage of the bill to establish an admiralty court at Buffalo, N. Y.-to the Committee on the Judiciary.

Also, papers in behalf of the people of the Seneca Nation, New York Indians-to the Committee of Indian Affairs.

By Mr. SHACKLEFORD: Petitions of the publishers of the Weatherford Democrat, Granville Herald, Shiner Ga2et te, Shn­.lenburg Sticker, Corsicana Truth, Lancaster Herald, Denton Moni­tor, Bonham News, Comanche Exponent, Dublin Progress, Myrtle Springs Herald, Georgetown Sun, Circo Roundup, Honey Grove Citizen, Bryan Eagle, Greenville Observer, Greenville Independ­ent Farmer, Jacksonville Reformer, Goldthwaite Eagle, Farmers­ville Times, Garland News, Brenham Banner, Hillsboro Mirror, Temple Times, Waxahachie Enterprise, Gainesville Register, Itasca Item, Longville Times-Clarion, and Henderson Times, all · in Texa.s; NewYorkMillsUusi Kotimaa, Minnesota; Dover (Del.) Sentinel, Gloucester (Mass.) Breeze, Willows (Cal.) Journal, Waukegan (Ill.) Gazette, Toronto (Ohio) Tribune, Cleveland (Ohio) Advocate, Pioneer (Ohio) Alliance, Sidney (Ohio) Ga­zette, Independence (Iowa) Farmers' Advocate, Burlington (Iowa) Post, Manchester (Iowa) Democrat, Ackley (Iowa) World, Omaha (Nebr.) Amerika, Honesdale (Pa.) Citizen, West Point (Nebr.) Republican, Carbondale (Pa.) Leader, Latrobe (Pa.) Clipper, Pottsville (Pa.) Journal, Susquehanna (Pa.) Transcript and Jour­nal, and Madisonville (Tenn.) Democrat, for relief from the paper trust-to the Committee on Ways and Means.

By Mr. STEELE: Petition of Eli March and others, of Logans­port, Ind., for the reclassification of post-office clerks-to the Com­mittee on the Post-Office and Post-Roads.

By Mr. UNDERHILL: Petition of clerks in the post.office at Sing Sing, N. Y., in favor of House bill No. 4351-tothe Commit­tee on the Post-Office and P03t-Roads.

By Mr. WADSWORTH: Resolutions adopted by the Lake Car­riers' Association, Detroit, Mich., favoring the passage of House bill No. 3988, to reorganize and improve the Weather Bureau-to the Committee on Agriculture.

Also, resolutions adopted by the trustees of Buffalo, N. Y., Merchants' Exchange, to amend the Revised Statutes of the United States relating to the northern district of New York, to divide same into two districts and provide for terms of court to be held therein-to the Committee on the Judiciary.

Also, resolution adopted by the Lake Carriers' Association, held at Detroit, Mich., favoring the division of the northern judicial dis­trict of New York, etc.-to the Committee on the Judiciary.

By Mr. YOUNG of Pennsylvania: Petition of druggists of the Twenty-first Ward, Philadelphia, Pa., Frederick Humphreys, M. D., and others, asking for the repeal of the stamp tax upon proprietary medicines, etc.-to the Committee on Ways and Means.

Also, resolution of the Manufacturers' Club of Philadelphia, Pa., indorsing House bill No. 887, to provide for adding and com­pleting specimens and productions, etc., to be exhibited in the Philadelphia museums-to the Committee on Interstate and For­eign Commerce.

HOUSE OF REPRESENTATIVES. FRIDAY, January 26, 1900.

The House met at 12 o'clock m. Prayer by the Chaplain, Rev. HENRY N. COUDEN, D. D.

The Journal of yesterday's proceedings was read and approved. MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. PLATT, one of its clerks, an­nounced that the Senate had passed without amendment a bill and joint resolution of the following titles:

H. J. Res. 129. Joint resolution authorizing the Secretary of War to receive for instruction at the Military Academy at West Point Olmedo Alfaro, of Ecuador; and

H. R. 4602. An act to authorize the Chicago, Rock Island and Pacific Railway Company to construct and operate a r ailway through the Fort Reno and Fort Sill military reservations, in the Territory of Oklahoma, and for other purposes.

The message also announced that the Senate had passed with amendments the bill (H. R. 6237) making appropriations to sup­ply urgent deficiencies in the appropriations for the fiscal year ending June 30, 1900, and for prior years, and for other purposes, in which the concurrence of the House was requested.

ENROLLED BILL SIGNED.

Mr. BAKER, from the Committee on ·Enrolled Bills, reported that they had examined and found truly enrolled bill of the follow­ing title; when the Speaker signed the same:

H. R. 6777. An act r elative to the widening and extension of Sixteenth street in the District of Columbia.

CENSUS. Mr. HOPKINS. Mr. Speaker, I have a privileged report which

I desire to present-a conference report. The SPEAKER. The i·eport will be read.

Page 2: 1220 CONGRESSIONAL RECORD-HOUSE. 26, - GPO pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa.,

1900. CONGRESSIONAL RECORD-HOUSE. 1221 The Clerk read as follows: The committee of conference on the disagreeing votes of the two Houses

on certain amendments of the House to the bill (S. 2179) entitled" An act re­lating.to the 'l·welfth and subsequent censuses, and .giving to the Director thereof additional power and authority in certain ca.sea, and for other pur­poses," having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House numbered 1, and agree to the same with a.n amendment as follows: After the word "censuses," a.t the end of the matter inserted by said amend-ment, insert the followin~: ·

"Provided, That in taking the census of said classes the inquiries shall w confined to the following four questions, namely: Name, age, sex, and post­office address."

And the House agree to the same. That the Honse recede from its amendment numbered 2.

A. J. HOPKINS, CHARLES A. RUSSELL, 1!~. M. GRIFFITH,

Managers on the part of the House. THOS. H. CARTER, EUGENE HAijE, S. D. McENERY,

Manager& on the part of the Senate. The following statement of the House conferees was read: The managers on the part of the House of the conference on the disagree­

ing votes of the two Houses on the amendments of the House to the bill (S. 2179) relating to the Twelfth and subsequent censuses submit the follow~g written statement in explanation of the effect of the action agreed upon m the accompanying conference report, namely:

On amendment numbered 1, concerning statistics of deaf, dumb, and blind, it is proposed to add that in taking the census of said classes the inquiries shall be confined to the questions of name, age, sex, and post-office address.

The amendment of the Honse numbered 2, relating to statistics in regard to mines, mining, and minerals, is stricken out.

A. J. HOPKINS, CHARLES A. RUSSELL, F. M. GRIFFITH,

Managers on the pai·t of the House. Mr. HOPKINS. Mr. Speaker, I move the adoption of this

report; and if no gentleman desires to ask any question, I move the previous question.

The previous question was ordered; and under the adoption thereof the report of the committee of conference was adopted.

On motion of Mr. HOPKINS, a motion to-reconsider the vote ·by which the report was adopted was laid on the table.

INDIAN APPROPRIATION BILL, Mr. SHERMAN, from the Committee on Indian Affairs, reported

a bill (H. R. 7433) making appropriations for current and contin­gent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1901, and for other purposes; which was read a first and second time.

Mr. RICHARDSON. I reserve all points of order upon the bill.

The bill, with the accompanying report, was then referred to the Committee of the Whole House on the state of the Union, and ordered to be printed. ·

. SAC AND FOX INDIANS IN IOWA. Mr. SHERMAN. I am instructed by the Committee on Indian

Affairs to report back favorably the resolution which I send to the desk, and ask its present consideration.

The Clerk read the following resolution, submitted January 18, 1900, by Mr. COUSINS:

Resol'Ved, That the Secretary of the Interior be and he is hereby, author­ized and directed to ascertain and report to the House, as early as practica­ble, what was the number of Indians of that part of the confederated tribes known as the Sac and Fox of the Mississippi, residing in the State of Iowa, to and for whom no portion of the tribal annuities was paid or expended for the period from 1855to1866, both inclusive, as reported by him to Congress March 12, 1896 (Senate Document No. 167, Fifty-fourth Congress, first session), and what would have been the amount of their shares if said tribal annuities1 less the amounts annually expended to meet requirements of treaty provisions, had been apportioned and distributed pro rata to the members of the differ­ent portions of said tribes; also, what were the numbers, annually, of the members of said tribes. as shown by the accounts of the proper disbursing officers, from 1867 to 1899, both inclusive, receiving annuities at the agencies having charge of the respective portions of said tribes and the amounts of the tribal annuities paid to or expended for each portion, less the amounts an­nually expended to meet the requirements of treaty provisions, and to state and report an account showin~ in detail any unequal apportionment and dis­tribution of said tribal annuities to that portion of the tribes now residing in the State of Iowa; and, further, to report what a.mount, if any, of the salary of the principal chief of the Fox Indians of said confederated· tribes for the period from 1855 to 1899, both inclusive, has not been paid to him from said tribal annuities, as required by the fourth article of tlie treaty of 184.2 and the ninth article of the treaty of 1867 with said Indians.

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

There being no objection, the House proceeded to the consider­ation of the resolution; which was agreed to.

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

URGENT DEFICIENCY BILL, Mr. CANNON. Mr. Speaker, I understand the deficiency bill

has been returned from the Senate and is on the Speaker's table. The SPEAKER. It is. _ Mr. CANNON. I ask unanimous consent that the House non­

concur in the amendments of the Senate and ask for a conference. There was no objection, and it was ordered accordingly,

The SPEAKER announced the appointment of Mr. CANNON, Mr. BARNEY, and Mr. LIVINGSTON as conferees on the part of the House.

PRINTING FOR COMMITTEE ON RIVERS AND HARBORS, Mr. BURTON. I ask for the present consideration of the reso­

lution which I send to the desk. The Clerk read as follows: Resolved, That the Committee on Rivers and Harbore. be authorized to

have printed and bound such papers and documents for the use of ·said com­mittee as it may deem necessary in connection with the subjects considered or to be considered by said committee during the Fifty-sixth Congress.

There being no objection, the House proceeded to consider the resolution; which was agreed to.

COMMITTEE ON R,IVERS AND HARBORS. Mr. BURTON. Mr. Speaker, I also ask unanimous consent

for the present consideration of the resolution I send to the desk. The resolution was read, as follows: Resolved, That the Committee on Rivers and Harbors be granted permis­

sion to sit during the sessions of the House and during the recess of Con· gress. -

The SPEAKER. Is there objection to the present considera­tion of the resolution presented by the gentleman from Ohio?

There was no objection, and the resolution was agreed to. FORT HAYS MILITARY RESERVATION.

Mr. MILLER. Mr. Speaker, I desire to ask the privilege of the House to call up a report from the Committee on the Public Lands on the bill (H. R. 955) granting to the State of Kansas the abandoned Fort Hays Military Reservation in said State for the purpose of establishing western branches of the Kansas Agri­cultural College and of the Kansas State Normal School thereon, and for a public park, and ask immediate consideration of the same.

The SPEAKER. The bill to which the gentleman refers will be read; after which the Chair will ask if there be objection,

The bill was read. as follows: Be it enacted, etc., That the abandoned Fort Hays Military Reservation

and all the improvements thereon, situated in the State of Kansas, be, and the same is hereby, granted to said State upon the conditions that said State shall establish and maintain perpetually thereon, firstt a western branch ol the Kansas Agricultural Colle~e; second, a western &ranch of the Kansas State Normal School, and that m connection therewith the said reservation shall be used and maintained as a. public park: Provided, That said State shall, within five years from and after the passage of this a.ct, accept this grant, and shall by proper legislative action establish on said reservation western branches of the Kansas Agricultural College and the Kansas State Normal School; and whenever the lands shall cease to be used QY said State for the purposes herein mentioned the same shall revert to the United States.

Mr. UNDERWOOD. Mr. Speaker, I would like to ask if there is a report accompanying this bill. And if so, I should like to have it read, reserving the right to object. ·

Mr. HITT. Mr. Speaker, if the gentleman from Alabama will permit me to make a statement, he will probably not insist upon his demand. The report is quite a lengthy document; and the gentleman from Kansas who calls up the bill can state the pur­port of it very much more briefly and present the facts accompa­nying it. I may state also that this is the unanimous report of the Committee on the Public Lands.

Mr, UNDERWOOD. I have no objection. Mr. MILLER. Mr. Speaker, I desire to say that this bill is an

exact copy of the bill presented to the Fifty-third Congress, and which was passed both by the House and Senate, but failed to be­come a law by reason of the fact that it did not receive the Presi­dent's signature. It was also introduced in the last session of the Fifty-fifth Congress and passed the Senate, but failed to reach a vote in the House by reason of the refusal of the Speaker to per­mit it to be taken up. ·

It is unanimously reported from the Committee on the Public Lands of the House; and the Committee on the Public Lands of the Senate have also unanimously reported in favor of it.

A provision of the bill-and the only essential feature of it-is to give to the State of Kansas an abandoned military reservation, known as the Fort Hays Military Reservation, containing some­where about 7,000 acres of land. This land is to be used by the State, as provided in the bill, exclusively for educational purposes, to establish a branch agricultural college and State normal school for the benefit of the people of that State, and the legislature has unanimously asked that it be done. It is a matter of considerable importance to our people, and we appreciate the.necessity and the importance of the legislation which is now proposed.

I may add that there is a provision embodied in the bill that if the land is not perpetually used for such purpose as is contem­plated in the bill it shall revert to the General Government.

As I said, there are about 7,000 acres of land contained in this abandoned military reservation. When the Indians were removed from that western country to the Indian Territory many years ago it was abandoned. There are about forty buildings upon the res­ervation, which during all these years have been going to waste. The land is absolutely useless for Government purposes, and it is expensive for the Government even to try to protect its property, The reservation was opened up for settlement, but, being out in

Page 3: 1220 CONGRESSIONAL RECORD-HOUSE. 26, - GPO pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa.,

1222 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

that section of the State where the land is arid, it was not settled, and was afterwards withdrawn from sale by the Secretary of the Interior in order that the Congress of the United States might take the action that was then contemplated in relation thereto. That is the present condition of this military reservation, and we are simply asking that it may be donated to the State to be used for these specific educational purposes.

I might say that the agricultural college of the State of Kansas is the largest agricultmal college in the United States. It is now overcrowded, and the lands that are being used by that institution are not nearly large enough for the work that they desire to do. If this reservation is given to the State for that purpose, immedi­ately there will be a branch agricultural college located there, and also a branch of the State Normal School, which has more than 1,200 pupils in it, and is one of the great educational institutions of our country. The people of the western part of the State par­ticularly are anxious that this should be done in order that they may en.joy the privileges of these additional educational facilities. I trust that there will be no objection; that this matter may be taken up now and passed upon. ·

Mr. RICHARDSON. I should like to ask the gentleman what these lands are supposed to be worth?

Mr. MILLER. I think the lands were appraised at $4 an acre. The land is not valuable for any purpose as it is at present, but when once irrigated will become productive and valuable. Then, if it is not used for educational purposes, it will revert back to the Government of the United States in a much more valuable condition than it now is.

Mr. TERRY. Is this body of 7,000 acres of land to remain intact, or can you, under the bill, sell it off from time to time?

Mr. MILLER. It is to remain intact, with the exception of a portion of it that ha.a some growing timber upon it, which is to be used for parking purposes, simply to beautify the school grounds for the Agricultural College and the State Normal School.

Mr. UNDERWOOD. I should like to ask the gentleman from Kansas if I underatood his statement that this land had ever been open to homestead settlement?

Mr. MILLER. The land was opened for homestead settlement under the law of 1884, but afterwards withdrawn from settlement because of the contemplated action of Congress.

Mr. UNDERWOOD. Settlers were never given an opportunity to enter the land, were they?

Mr. :MILLER. Yes; it was open for settlement for a number of years, but no settlers desired to go in and take the land for farming.

Mr. UNDERWOOD. When was that done? Mr. MILLER. The report shows the date when it was opened

np, and it also shows when it was withdrawn. Mr. UNDERWOOD. When does the report say this reserva­

tion was turned over to the public domain? When did it cease to be a military reservation and become a part of the public domain of the United States?

Mr. MILLER. Its use as a milit.ary reservation was abandoned some sixteen years ago, and no action of any kind was taken, ex­cepting the opening up of this land for a settlement, until the action of the Fifty-third Congress.

M1·. UNDERWOOD. Now, I should like to ask the gentleman this question: I understand this property is located near Fort Dodge.

Mr. MILLER. No; it is not near Fort Dodge; it is north of Fort Dodge.

Mr. UNDERWOOD. How far? Mr. MILLER. About a hundred miles north of Fort Dodge. Mr. UNDERWOOD. Is not the surrounding country settled? Mr. MILLER. Yes; some portions of that country are settled

near there, and then immediately north of that, some 10 or 12 miles, it is thickly settled, and then again, some miles south it is well settled.

Mr. UNDERWOOD. Mr. Speaker, I think I have son;ie recol­lection of this bill in the last Congress, and from the informa­tion I have, I think this bill covers valuable lands. When the matter was before Congress on a former occasion, I think it was stated that those lands were worth from $20 to $25 an acre, that thtly are not arid lands, that they are not unused lands, that the balance of the country surrounding it is open to settlement, and that it ought to be thrown open, at least to homestead settlement. For that reason I am constrained to object to the present consid­eration of the bill.

The SPEAKER. Objection is made by the gentleman from Ala­bama fM_r. UNDERWOOD].

Mr. CALDERHEAD. Just a moment. I do not think the gen­tleman from Alabama will persist in his objection if he knows the facts concerning the value of that land.

The SPEAKER. Objection is made, unless the gentleman from Alabama withdraws it.

Mr. RIDGELY. Will the gentleman from Alabama withdraw his objection until I can make a statement?

The SPEAKER. The Chair has no discretion, unless the gentle­man from Alabama withdraws his objection.

Mr. RIDGELY. Will the gentleman withdraw bis objection, to allow me to make a statement?

Mr. UNDERWOOD. Yes; I will withdraw it temporarily. The SPEAKER. The objection is withdrawn. Mr. RIDGELY. Mr. Speaker, for the information of members,

and especially for the information of the gentleman from Ala­bama--

Mr. UNDERWOOD. Mr. Speaker, is it understood that I only withdrew my objection to let the gentleman have the floor tempo­rarily?

The SPEAKER. The Chair understood that the gentleman from Alabama withdrew his objection.

Mr. UNDERWOOD . .Mr. Speaker, I made the statement that I withdrew it temporarily.

The SPEAKER. There is no such thing as a temporary with­drawal, but there is nothing to prevent the gentleman renewing the objection.

Mr. UNDERWOOD. I wish to have the privilege of renew­ing it.

Mr. RIDGELY. I would like to state, for the information of members, that I have a personal knowledge of the country wherein this land is situated. It is in the extreme western portion of the State, or at least in the west.ern one-third of the State, where the land is exceedingly dry and lies high above the streams. Imme­diately upon the streams, so far as their water supply will irri­gate, we have population and agricultural use of the country. 'rhe higher lands, upon the prairie, that can not be irrigated. are practically worthless for agricultural purposes in their present condition. Occasionally we do get some wheat upon these high lands, but even that is precarious. These lands were open for settlement for a number of years, as the gentleman tells us, and no settler felt that he could afford to make the venture.

If the Stat.e of Kansas could be permitted to simply use these lands-we do not ask the title from the General Government, we simply ask permission to locate an experiment station of our agricultural college thereon-the State of Kansas could afford to sink artesian wells and lift to the surface a sufficient amount of water to sustain the experiment and determine the best way of utilizing these semidesert lands for the benefit of the entire State and the nation. We do not feel that the General Government would lose anything in ceding the mere use of these lands and what little improvements there may be upon them, which, as has been stated, are an expense to the Government to preserve them. It is impossible to sell these improvements for much.

Therefore I ask and hope the gentleman from Alabama will withdraw his objection. This is the same legislation that once passed this House and simply failed on account of the limited time. It comes before us again with the unanimous report of the entire committee, and I hope the gentleman will not insist on his objection. .Mr. STEPHENS of Texas. I understand the gentleman to say

that the land covered by this bill is a military reservation? Mr. RIDGELY. Yes, sir. Its use, however, has been aban­

doned for some years. Mr. STEPHENS of Texas. Did the United States buy that land

from anyone; and if so, from whom? Mr. RIDGELY. The land has always been United States land.

The Government allowed the Indians about 10 cents per acre for it by treaty.

Mr. STEPHENS of Texas. Public domain? Mr. RIDGELY. It is a part of the public domain, away out in

what is called the short-grass country. Mr. STEPHENS of Texas. When was it transferred to the

War Department for military purposes? Mr. RIDGELY. It was simply made a military reservation,

and now the Government has abandoned its use entirely. Mr. STEPHENS of Texas. And it was transferred to the pub­

lic domain? Mr. RIDGELY. For a time. Mr. STEPHENS of Texas. Is it a part of the public domain at

present? Mr. RIDGELY. At present it is withdrawn from the public

domain. That is, withheld from settlement. Mr. MILLER. By order of the Secretary of the Inte1ior. Mr. STEPHENS of Texas. But the legal status is that it is

public land of the United States. .Mr. RIDGELY. Oh, yes. Mr. HENRY of Mississippi. How many acres are there in this

reservation? Mr. RIDGELY. Seven thousand acres. Mr. SMITH of Kentucky. How long is it proposed to cede it to

the State of Kansas? Mr. RIDGELY. So long as the State shall use it as an experi­

ment station and for school purposes, and it must begin this 1180 within five years.

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1900 . . CONGRESSIONAL RECORD-HOUSE. 1223 . Mr. PARKER of New Jersey. I would like ·to inquire of the

' gentleman if this is not the sort of land that would be needed in case of another war for camp purposes for troops?

Mr. RIDGELY. I do not hear the gentleman. Mr. PARKER of New Jersey. In case we have to establish

camps in time of war, would not this be the kind of property that we ought to have in reserve for putting and training troops on?

Mr. RIDGELY. I think not. I think this Government will not have occasion to so use it within a century. We would not place an·army so far from water and transportation; we have so much better and so much more highly improved military camps and military reservations already equipped to take care of our soldiers.

Mr. PARKER of New Jersey. But we did ur::;e them during the late war for camping purposes when we raised troops iii the vari­ous States. Is not this available for camp purposes?

Mr. RIDGELY. The transportation facilities would not make it valuable or available for such purposes; nor is there sufficient water in the vicinity to admit of using this reservation as a camp for more than a small garrison force, and the necessity for this use has long since passed.

Mr. CALDERHEAD. I would state to the gentleman from New Jersey that there is a military reservation of 22,000 acres at Fort Riley.

Mr. LACEY. Mr. Speaker, I think there is a slight misunder­standing upon the part of the House and upon the part of Con­gress in regard to this reservation. The reservation is a military reservation, which wa.s transferred to the Interior Department to be disposed of under the McRae Act. It was to be appraised; and it has been appraised, opening the settlement under the McRae Act at the appraised value. After this had been done and before the time that it was to be settled, Congress took the matter up, and a bill was introduced, either in this House or in the Senate, to allow the State of Kansas to take possession of this property for educational purposes.

A large number of buildings there, practically worthless for any commercial purpose, can be utilized by the State for educational purposes. The property was appraised at about $5 an acre. It is worth in the neighborhood of $35,000, I am told. On account of the buildings there, which would be useful to the State for educa­tional purposes, and in view of the comparatively small value of the land, if sold by the United States and the proceeds turned into the Treasury, it has been thought best to let the reservation go in this way for educational purposes. The Secr etary of the Interior withdrew the land from market under the McRae Act, and a bill has been reported or passed in each Congress making this grant. Congress having the subject under investigation, the Secretary of the Interior declined to go on and dispose of the property until Congress has reached a determination upon the subject.

The property stands there in that way. In the meanwhile it is in charge of a custodian appointed by the Interior Department. It is rapidly deteriorating in value so far as the improvements are concerned. It is swept by the gentle Kansas cyclones and is sub­ject to the other unfavorable influences of the weather, which affects buildings in that State perhaps more rapidly than in any other. The buildings are now in bad repair. Either Congress ought to vote down this proposition and let the property be dis­posed of undertheMcRae Act or elsethe grant to the State ought to be made as here proposed.

Mr. UNDERWOOD. What does the Government pay the In­dians for the land?

Mr. LACEY. This is an old reservation which was occupied for years as a military reservation. The people of Kansas and the Indians of Kansas are now all very peaceful. It is no longer of any use as a military reservation and has been abandoned.

· ':Mr. CURTIS. I would like to make a statement for the benefit of the gentleman from Alabama [Mr. UNDERWOOD]. The state­ment was made on the floor of the House that this land was not worth exceeding seven or eight dollars an acre. It has generally been considered worth four or five dollars an acre. As the gen­tleman from Iowa [Mr. L A.CEY] bas said, a custodian has been placed in charge of this military reservation, and year after year a bill is brought in here providing for its care. This property, if the proposed grant be made, will be used by the State for edu­cational purposes. I hope the gentleman from Alabama will not object.

Mr. REEDER. Let me say to the gentleman from Alabama that this is semiarid land. The exper iments by the agricultural college will be very much more valuable than any use to which the land is now being put. The land, not arid, but semiarid, could be purchased for five to seven dollars an acre.

Let me add for the information of the House that the buildings, forty in number, were abandoned sixteen years ago, after having been in use for some years. They are now being destroyed by the cattle that range over the land. They are not being properly cared for, and if present circmnstances continue will be in a few yeru:g absolutely worthless. With proper repairs they can be used !or educational purposes. Two colleges can be established there

by the State, and they will be highly advantageous by reason of the State of Kansas being 150 to 250 miles farther west than any of the existing colleges. Under the existing circumstances the Government, it seems to me, can not make any better disposition of this property.

Mr. KLEBERG. Is it not a fact that this is the best general purpose to which that property can be put?

Mr. REEDER. Very much so. Mr. KLEBERG. Very much better than opening the lands to

settlement? Mr. REEDER. Decidedly. Mr. KLEBERG. And if the property be disposed of in the way

now proposed, it will redound to the benefit of the State and the country?

J\Ir. REEDER. Ullldoubtedly. There is no question about that. Under present circumstances the property is of no value to the

United States, and, as the gentleman has suggested, this is very much the best general purpose to which it can be devoted. I trust the gentleman from Alabama will withdraw any objection he may be disposed to urg~, because this subject has been thor­oughly considered by the committee. A measure of this kind has already twice passed the House and twice passed the Senate, and this bill has been unanimously reported by the Senate com­mittee and by the committee of this House.

Mr. UNDERWOOD. I have been opposed generally to the policy of the Government giving away military or Indian reserva­tions when the property was of value. Sometimes the Govern­ment is the owner of certain classes of land which can not be used for settlement, and in such cases it may sometimes be proper to give them away for purposes of this kind.

But the question presented here is one entirely different. Here is a reservation which is recognized by the authorities as well as by gentlemen who have spolrnn upon this question-a reservation that the Government has purchased that can be sold for at least $35,000. It is a valuable piece of property. There is no reason, as far as I have seen up to the present time, for givtng this amount to this particular school and not to some other. Besides that, it is not a part of the original domain. This same precedent, if car­ried into effect, would authorize us to give away the land that we buy from the Indfans from year to year as we move them back.

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

Mr. UNDERWOOD. Certainly. Mr. LACEY. The Scripturesaysthatweshallmakeourswords

into plowshares and our barracksintoschoolhouses. [Laughter.] Does the gentleman object to that?

Mr. UNDERWOOD. But when you do that I for one want to be certain that they are properly located. [Laughter.]

Mr. Speaker, I feel constrained, under the circumstances, to renew my objection.

Mr. ROBERTSON of Louisiana. Mr. Speaker, if I can have the attention of my friend from Alabama for a moment, I wish to state for his information a circumstance which may have possibly escaped his attention.

It is a fact that these abandoned military reservations have been given to the States for educational purposes for a long time. Many of them have been exceedingly valuable. A most valuable one in the State of Louisiana was given to the agricultural college of that State in 1886, and the possession of it by the State has been of immense benefit to our people. Upon that reservation when it was turned over to our State were buildings worth at least $75,000. There was a tract of desirable land containing about 210 acres. But this was given to the people of the State bv the Government, and is being used to the advantage of all of our people.

In Boston, I remember, some years ago, the militaryreservation near that city, when it was abandoned, was given to the city sim­ply for the purpose of using it for a park, and I am in favor of disposing of these reservations, abandoned as they have been, for educational purposes and the needs of the country. I ask the gen­tleman from Alabama, therefore, if, under the circumstances and in view of the fact that this is no new proposition, he will not withdraw his objection and at least allow a vote to be taken npon the bill as it comes from the committee?

The SPEAKER. The trouble is that the gentleman has ob­jected, and the Chair has no discretion in the matter.

ORDER OF BUSINESS, Mr. :MAHON. Mr. Speaker, this being Friday, the day on

which the Private Calendar is entitled to consideration, and there being on the Calendar a bill (H. R. 1900) which the Department of State are very anxious to have considered, I think it would be a good thingfor the House to consider it and get it out of the road. I : want it considered in Committee of the Whole, because there may be some amendments offered. I therefore move tbat the House resolve itself into the Committee of the Whole for the pur­pose of considering House bill 1900, on the Private Calendar.

Mr. GIBSON. Why not all bills on the Private Calendar? Mr. MAHON. We have not time to-day.

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12~4 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

Mr. LOUD. bill 1900 is?

I should like to ask the gentleman what House I all the remaining part _of said ~emeterv lot now known as lot 16, in block 78, s~ll _vest a~olu_tely m the city o.f Rot Springs, Ark., for city park,.city ~mldmg, aud1tor1um, or other public purposes." Mr. MAHON. It is in regard to the cutting of the Manila

cable. The amount involved is about $5,000. Mr. RAY of New York. Is that the first bill on the Private

Calendar? The SPEAKER. The Chair will state to the gentleman from

P~nnsylva~a [Mr. MAHONl that the motion should be to go into the Committee of the Whole House to consider business on the Private Calendar.

Mr. MAHON. Mr. Speaker, let me make a brief statement. The SPEAKER. -Is that the motion the gentleman makes? Mr. MAHON. No; I should like to make a brief statement be-

fore I make any motion. . The SPEAKER. The gentleman desires to make a brief state­

ment. Without objection, he will be permitted to do so. Mr. RICHARDSON. I very much wish we could hear what is

going on. The SPEAKER. The gentleman requests permission to make

a brief statement. He made a motion that the House go into the Committee of the Whole to consider a particular bill on the Pri­vate Calendar. The Chair holds that his motion must be that the House resolve itself into the Committee of the Whole to consider bills on the Private Calendar. The gentleman now desires to make a brief statement, and that is th~ matter before the Honse. Is there objection?

There was no objection. Mr: MAHON. Mr. Speaker, this being the day set apart by

unanimous consent for the purpose of eulogies on the late Mr. HOBART, the Vice-President, it is very evident that under that special order, which begins at 2 o'clock, it will be useless to take np the P~vate Ca!en4:1ar ge~erally, becau~e it will be merely a was!e ~f time .. This bill, whI_ch I ask unam~ous consent to bring up, 1s m relation to the cutting of the Mamla cable by Admiral Dewey, in Manila Harbor, after his famollS fight. The bill in its present form involves about $5,000.

The report will show that there was a long correspondence be­tween the British ambassador and this Government and the first question related to damages, but that was settled between them by an agreement between the two Governments that no damages should be allowed for loss of business. But the British ambassa­dor, Sir Julian Panncefote, requested that this Government pay the actual expenses for the repairing of that cable. The Secretary of State has concurred in that, and the President has sent in a short message asking that this House make that appropriation. which will not exceed $5,000. Now, that is the statement of the case. They are very anxious to get this bill out of the way before any further .complications grow out of it. It is immaterial to me whether the House passes this bill or not, but I think the Honse should consider it.

The SPEAKER. The Chair will remind the gentleman from Pennsylvania that when in Committee of the Whole House the committee has the right to take up any particular bill. Doe~ the gentleman renew his motion?

Mr. MAHON. No, Mr. Speaker. I understand that the com­mittee can take up any bill, but I now ask unanimous consent that this bill be considered in the Honse as in Committee of the Whole. Then we will not go into Committee of the Whole. ·

The SPEAKER. The Chair would like to state to the gentle­man from Pennsylvania that he promised to ;recognize the gen­tlem8:n from Arkansas [Mr. LITTLE] to make a request for unammous consent; and as two or three recognitions have taken place on the left, the Chair would be glad to recognize the gentle­man from Arkansas first for a request, after which he will submit the request of the gentleman from Pennsylvania.

CITY PARK IN HOT SPRINGS, ARK,

Mr. LITTLE. Mr. Speaker, I ask unanimous consent for the present consideration of the bill (H. R. 6073) to amend section 4 of the act of Congress approved June 16, 1880, granting to the city of Hot Springs, Ark., certain lands as a city park, and for other purposes.

The SPEAKER. The gentleman from Arkansas asks unani­mous consent for the present consideration of a bill which will be reported by the Clerk.

The bill was read, as follows: Be it enacted, etc., That section 4 of the act of Congress approved June 16

1880, granting to th~ city of Hot Springs, Ark., a parcel of land known as th~ ce1.1;1etery lot for a city park only, be amended so as to read as follows: ·

That whene.verthe.city !lf Hot.Springs, -:A-rk., shall relinquish to the United State~ of America all its right, ti.tle, and mterest in and to the following­~escr1bed lo~ or p~rcel of land, bemg a part of said cemetery lot, but which IS .now descn~d m the plats and surveys of said city as lot 16, block 78, to wit: Commenc.mg at the sou~hwest corner of the said city park, in block 78 of th~ Hot Sprmgs Reservation, and formerly known as cemetery lot, and runmng thence easterly along the north line of Benton street 150 feet· thence northerly 235 teat to a point on the north line of said park 150 feet e~terly of the northwest corne~ thereo!; thence to said northeast corner; thence along the west boundary line of said -park 262{11 feet to the point of beginning the same bein~ a part of said lot 16, m block 78 aforesaid, which is here by reserved by the Umted States as a site for the public building provided for by act of Congress approved .March 2. 1899, the right and title of the United States to

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

Mr. PAYNE. Reserving the right to object, I would like to a.sk the gentleman from Arkansas how much there is in this ceme­tery granted to Hot Springs for the purposes of a park.

Mr. LITT LE. I would state to the gentleman from New York that the plat of ground referred to in this bill was originally an old c~metery lot, being a piece of ground 310 feet by 260 feet sub­stant~ally, and b,Y t~e act of 1880 this plat of ground was ceded to the c~ty of Hot ~p~ngs for a public park only, on condition that the city. of Hot Sprm.gs remoye and reinte1 the dead at a place to be provided by the city. This has been done. The necessity for this bill a.ri~s in this way: A bill providing for a public building for Hot Sprmgs, passed at the last Congress, provided that it should be located on the public reservation.

There.was one lot i~ contemplation formerly, but it was found no~ fea~ible to locate it at that point. The city proposes now to relmqmsh back to the Government the amount of land that the Governmen~ desire~ for a :public building if the Government would cede to th~ city the rig~t to :us~ this small piece which is not. ceded fo~ a city park for said building, which I think is a very de~rr~ble thing. to do, both for t~e Government and the city. W:1t~m.a. block 18 the East Mountam Reservation, which is a park withm itself. Th~ agell:tof the Secretaryof the Interior, whowas sent do~n. t? examme this property, was v(lry much impressed with the feas1b1l~ty of that. cou;i-se of action, and the bill is really intro­duced and If passed it will be upon the recommendation of the Secret:ary of the Interior. I would be very glad to read his state­ment if the gentleman from New York desires to have it read.

.Mr. PAYN~. Mr. Speaker, if I remember correctly, when the bill to cede thIB cemetery to the city of Hot Springs was up before the House for consideration it was to be an absolute arant and after some discussion consent was given to amend it

0so that it

shol?-ld 1?e deeded f?rpark purposes, and for park purposes only. I thmk 1t was predicted at that time that in two years there would be a deman<;} on the part of Hot Springs to have this land abso­ln~ly, a_nd It see~s the demand has come now. But it has come with a piece or a little reservation and benefit to the United States and instead of u_sing a part of the large amount of the publi~ !ands at Hot Spnngs ~or the purpose of the public building, as it is to put a small portion of it back for use as a public building and the balance going to Hot Springs absolutely, I congratulate the Holl:se and the ~nntry that the United States Government gets a httle somethmg out of this by reason of what occurred years ago. I think I will not object. . The SPEA!CER. Is there objection to the present considera­

tion of ~he bill? f After a pause.] The Chair hears none. 'Fhe bill was ord~red to be engrossed for a third reading; and

bemg engrossed, it was accordingly read the third time and passed. '

On motion of Mr. LITTLE, a motion to reconsider the vote by which the bill was passed was laid on the table.

AUSTRALASIA .AND CHINA TELEGRAPH COMPANY.

Mr. MAHON. Mr. Speaker, I ask unanimous consent to call up the bill H. R. 6909.

The Clerk read as follows: A bill (H. R. 6909) authorizing the Secretary of State to pay the claim of the

Eastern ExteJ?.sion Australasia a.nd China Telegraph Company (Limited) for compensation on _accoun_t of expenses .incurred m repairing its ManiJ.a.. Hongkong. and Manila-9apiz C!lobles, which were cut by United States forces du.rmg the war with Spalll.

. Be it e™!cted, etc., That the ~cretary of State be, and he is hereby, author· ize~ and directed to pay the claim of the Eastern Extension Australasia. and China ~elegrap~ !Comp_a~y (Limitecp .for compensation on account of ex­pe~ses mcurred m rep&;Irmg its .Manila-Hongkong and .Manila-Capiz cables, wh1c~ were cut by Umte~ States forces during .the war with Spain; and a sufficient sum of moJ?.ey IS here_by appropriated, out of any money in the Treasury not otherWISe appropriated, to pay the claim.

The SPEAKER. Is there objection to the present consideration of the bill? . Mr. RAY of New York. Mr. Speaker, I desire to call the atten­

tion of the House to this bill and what is involved in it. I find the Secretary of State--

Mr. RIDGELY. I wish to reserve the right to object, if the gentleman from New York does not object, before discussion. ,

The SPEAKER. There is no reservation. If the gentleman wants to object, he must be here to object. . ~r. I_tAYof.New York. ~ w~s making this statement as pre­

hmma1y, possibly, to an obJection. I suppose I am speaking by the grace of the House. Of course I only want to find what we are desired to consent to. The Secretary of State says:

It 'Yill be seen from the pa:pers that no formal claim in behalf of the com­pany ?-8 presented by Her MaJesty's Government, but that that Government submits whether, as an act of grace, some pecuniary compensation may not be_granted to the company for the loss which it alleges to have suffered in this regard.

Then this whole matter involved in this claim was referred to the Attorney-General of the United States; and after he had

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1900. CONGRESSIONAL RECORD-HOUSE. 1225 reviewed the whole matter, in a letter under date of February 1, 1899, he concludes with this statement:

I am of opinion, therefore, that, upon the law of the case, there is no ground for the claim of indemnity.

Now, when we look at this bill I find that the Secretary of State is directed to pay the claim of the Eastern Extension Australasia and China Telegraph Company, Limited. And thereis no amount named in this bill whatever.

Mr. MAHON. There is $5,000 in the amendment which the committee propose. .

Mr. RAY of New York. And we are to pay it when there is no legal ground for it.

Mr. MAHON~ That is only a part of the case. If the gentle­man will read the whole report, he will understand it better. I am willing that the report be read to the House, and then ask unanimous consent.

Mr. RAY of New York. If we go into these matters, it seems to me, and pay all claims that are asked as a matter of grace by foreign governments and foreign companies in foreign countries to pay, we would pay out more money than we have in the Treasury, because we must have done a great deal of damage to the property .of foreign individuals and to foreign companies; and it seems tome this bill, if passed, will make a very dangerous prece­dent. If it is a matter that we are going into, we should go into it with most careful consideration and thought; and unless the gen­tleman can prese:mt some better reasons than appear from these papers, I shall be constrained to object; but I am willing t;o hear the gentleman, and if I can reserve the right until he makes a statement, I will do so.

Mr. RICHARDSON. I would ask the gentleman from Penn­sylvania if this is not the bill he said he wanted to consider if the House went into Committee of the Whole on the Private Cal­endar?

Mr. MAHON. Yes, sir. . Mr. RICHARDSON. Then why not go into Committee of the

Whole? The gentleman can make the motion under the rule, and then we can all debate it.

Mr. MAHON. I will make that motion. The SP .EAKER. The gentleman from Pennsylvania moves that

the House resolve itself into Committee of the Whole House on the Private Calendar.

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

Whole House on the Private Calendar, Mr. STEELE in the chair. The CHAIRMAN. The House is in Committee of the Whole

to consider business on the Private Calendar, and the Clerk will report the first bill. EASTERN EXTENSION AUSTRA.LA.SIA AND CHINA TELEGRAPH COM­

PANY.

The first bHl in order was the bill (H. R. 6909) authorizing the Secretary of State to pay the claim of the Eastern Extension Aus­tralasia and China Telegraph Company, Limited, for compensa­tion on account of expenses incurred in repairing its Manila­Hongkong and Manila-Capiz cables, which were cut by United States forces during the war with Spain. ·

Mr. MAHON. I move that the Committee of the Whole pro­ceed to the consideration of this bill. I am perfectly willing that it should receive fulJ and fair consideration. If we can not dis­pose of it finally to-day, let it go over as unfinished business. It. is a matter in which not only this Government but other govern­ments are interested. After the House bas given this subject a full and fair hearing, let it make whatever disposition of it it may deem proper.

Mr. HITT. Mr. Chairman, I protest against the passage of a bill which may establish so dangerous a precedent. It omits the clause which has always been customary in all cases of this kind. Let it be understood that the bill, if passed, is simply an act of grace; yet the provision usual in such cases is in this case omitted.

Mr. MAHON. I have no objection to an amendment such as the gentleman suggests.

Mr. HITT. The bill is in bad form and establishes a dangerous precedent.

Mr. MAHON. I ask the consideration of the bill. The CHAIRMAN. The question is whether the Committee of

the Whole will take up the bill. The Clerk read the title of the bill. The CHAIRMAN. The question is on the motion of the gen­

tleman from Pennsylvania [Mr. MA.HON]. Mi:. RAY of New York. Mr. Chairman, is that motion debat­

able? The CHAIRMAN. As it relates to the order of business, it is

not debatable. . The question being taken, the motion was agreed to. The bill was read, as follows: Be i t er.acted, etc., That the Secretary of State be, and he is hereby, author·

ized and directed to pay the claim of the Eastern Extension Aust ralasia and China Telegraph Company, Limited. for compensation on account of ex­penses incurred in repairing its Manila-Hongkong and Manila-Capiz cables,

which were cut by United States forces during the war with Spa.in; and a. sufficient sum of money is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the claim.

Mr. BARTLETT. I should like fo hear .the report of the com­mittee.

The CHAIRMAN. The bill is open for debate. The gentleman from Pennsylvania [Mr. MAHON] is entitled to the floor. ·

Mr. MAHON. In the first place, there is an amendment I desire to offer-to insert, at the end of line 11, these words:

.Provided, That said sum shall not exceed the sum of $5,<XX>.

The CHAIRMAN. After the general debate the amendment would be in order. ·

Mr. MAHON. I simply want to offer that amendment so that the House may understand what is intended. -

The CHAIRMAN. The amendment can be offered later. Mr. MOODY of Massachusetts. I should like to understand the

status of this bill. As I understand, it is in Committee of the Whole and open for amendment.

Mr. RICHARDSON. Not now open for amendment. Mr. MOODY of Massachusetts. I mean at a later time. Mr. RICHARDSON. Yes, sir. Mr. MAHON. Mr. Chairman, the cable of this company be­

longed to citizens of other governments who were not at war with the United States. It was cut as a military necessity by Admiral Dewey, in order to cut off communication from Spain and also to cut off communication from China and other countries. The ca­ble did not belong to a company of Spaniards. It belonged to people who were mostly Englishmen; some of them Chinamen. This demand was made upon our Government through their state department-through the regular channels-as to these payments for the work of repairing the cable which had been cut and also for damages running up into thousands of dollars because of the interruption of business on the line by reason of its cutting. · Of course, Mr. Chairman, I need not .go into any extended re­marks to convince the House that the cutting of this cable, under present circumstances, created a liability which ought to be ac­knowledged and considered and met in some shape.

Mr. RAY of New York. Will the gentleman allow me to ask him one or two questions?

Mr. MAHON. Certainly. Mr. RAY of New York. Now, as I understand this matter, the

cable referred to by the gentleman from Pennsylvania is the only cable from the island of Luzon to the continent of Asia. Is that correct?

Mr. MAHON. I think so. Mr. RAY of New York. Well, ever since the repair has been

made in the cable it has been the only medium by which the Gov­ernment of the United States could transmit Us messages, and the only means by which we could, by telegraph, communicate with our forces on that island. Is that a fact?

Mr. MAHON. I think that is true. Mr. RAY of New York. And we have been paying large sums

of money for that work to these Englishmen and Chinamen who are the owners of this cable?

Mr. MAHON. Certainly. Mr. RAY of New York. And they have done more business in

the last year, since the cable was cut and repaired, than they ever did before, and have received larger sums of money for doing business?

Mr. MAHON. Oh, well, the gentleman makes his questions toQ ~n~ . ~r. RAY of New York. Just a moment. I say they have re­

ceived more compensation and have done more business on account of the war, and the business of the United States given them in consequence and done over that telegraph line by it, than in twenty years they could possibly have received or done if the cable had not been cut. The war has worked to their benefit. Now, the question is, where is the equity in the bill which is presented by the gentleman, and why should we make this compensation at all?

Mr. MAHON. That is your side of the case; it is not mine. Mr. LLOYD. Will the gentleman allow me-Mr. MAHON. Now, after I have finished my statement I shall

be glad to answer all questions. Mr. LLOYDr I want to ask if this claim has been passed upon

by the Government through any of its Departments? Mr. MAHON. Yes; I will come to that. Now, Mr. Chairman, in reply to the gentleman from New York

[Mr. RAY], the Government or this company, one or the other fiad to repair this cable at ~nee, or it could not have been used by the Government of the UmtedStatesafterwards. This situation pre~ented i~self to this ca;ble company: They were thoroughly eqmpped with all the ma-0hmery for W.king up the cable and re­uniting it, and Admiral Dewey and the United States forces in Manila Harbor had no appliances of that kind.

So this company promptly went to work and repairedthiscable at the request of the Government, so that they could get it into use, as well as for the benefit of the cable company. It cost £912 5s. 6d., something over $4,400. Now, as to whether the United

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1226 ' CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

States used this cable or not, they used it as they nse all other cables and all other telegraph lines, paying certain fixed rates and receiving in return a dollar's worth of service for every dollar paid; so that that does not come into this case at all. The Gov­ernment was simply paying for valuable services rendered.

When this claim was made it was presented to the proper legal depa1·tment of the British Government, and Sir R. T. Reid, Queen's counsel and member of Parliament, and Mr. Henry Sut­ton prepared an opinion in which they distinctly held that under international law, the United States not being at war with Eng­land, and the United States having taken the property of another nation and destroyed it for military purposes, under their view of the law governing international relations, the Government of the United States was not only responsible for the expense of repair­ing this cable, but responsible for the damages incurred by this company, running into the thousands of dollars, by reason of the nonuse of the cable. The account and this opinion were submit­ted to the State Department of the United States by the British ambassador. Mr. Hay, the Secretary of State, transmitted it to the Attorney-General, the law officer of the United States. He refutes the position taken by the British Government as to the liability of the United States Government.

Mr. UNDERWOOD. Will the gentleman allow me? Do I un­derstand him to say that the Attorney-General of the United States holds that this Government is not liable for the damage done?

Mr. MAHON. Yes. Mr. UNDERWOOD. Notlegallyliable? Mr. :MAHON. There is his opinion. I will not read either that

or the opinion of the Queen's counsel. They simply say that un­der international law this Government is responsible, and this claim is pressed here by-the British Government for her subjects, under the law regulating international affairs. The Attorney­General, after writing a long opinion, which I have briefed here, concludes as follows:

I am of the opinion, therefore, that upon the la.w of the case there is no ground for the claim of indemnity.

Now1 here we have in dispute a claim of the subjects of another Government, presented by another Government, in which their highest law department insists that we are responsible under in­ternational law. This Government declares that that is not the law and that we are not responsible. After this case had reached that point the British minister addressed this letter to the Secre­tary of State:

[Unofficial.} BRIT.ISH EMBASSY, Washington,, March 13, 1899.

DEA-R M.R. HAY: Referring to our conversation on Thursday last respect­ing the right to comP,ensation for the catting of submarine telegraphic cables in time or war, I write to express the hope that, in the absence of any posi­tive rule of international law governing the subject, the claim to compensa­tion by the owners of a cable in respect of injury to their property by a belligerent under circumstances involving no blame on their part will be recognized by your Government, from an equitable point of view at least, to the following extent:

In the opinion of my Government it would be reasonable that a rule should be established that under such circumstances compensation should be made to the extent of the actual cost of repairs.

I am desired by Lord Salisbury to submit that view to the favorable con­sideration of your Government, and in that connection to support unofficially the claim of the Eastern Extension Telegraph Company on account of the cutting of their Hongkong-M.anila and :Manil.a-Capiz cables to the extent of repairs rendered necessary by that act.

I trust tha.t your Government will be disposed to entertain this claim. apart from strictly legal consideration, and in fa.ct to adopt the equitable rule suggested by my Government in such cases.

I remain, with great regard, yours, very tijffLIAN p AUNCEFOTE.

Mr .. LLOYD. In that connection I wish to ask this question: On what ground does the English Government base its claim that this should be paid by the United States Government?

Mr. MAHON. Well, I would have to read the opinion quoted here.

:Mr. LLOYD. Is it not based on this ground--Mr. MAHON. You will find it on page 5 of the report. Mr. LLOYD. Is it not based on this ground, that because we

obtained the Philippine Islands from the Spanish Government we succeed to certain liabilities--

Mr. MAHON. I shall conclude my statement in a few mo­ments, and if the gentleman will just wait, I will answer his question.

Now, Mr. Chairman, in reply to that, to get a settlement of this matter, that no future complications may arise1 this is the lette1· of the Secretary of State, addressed to Mr. Tower, who, I suppose 1 is the secretary of legation:

DEPARTMENT OF ST.A.TE, Washington, July ta6, 1899. MY DEAR :MR. TOWER: Referring to your note of the 15th of July and to

other correspondence which I have had the honor of exchanging with you and Sir Julian Pauncefote, I can only say, sofa.r as the legal aspects of the case a.re concerned,, that I am compelled to reiterate the opinion which I have heretofore mane known to yon of the law officers of the Government, that the Government of the United States is not in any way bound to reim­burse the British Eastern Extension Australasia. and China Telegraph Com­pany for dama~es and losses alleged to have been sustained in consequence of the cutting of its cable during the w~r with Spain, and, furthermore, there

a.re no funds at the disposition of the President without the consent of Con­gress of making such payment.

But, in view of a.11 the circumstances of the case, as a matter of equity and comity, the President is inclined to consider the question of reimbursement to that company of its actual expenses incurred m the r~air of its cable t-0 Hongkong after it was cat by the military officers of the United States.

I a.Ill, my dear .Mr. Tower, very faithfully, yours, JOHN HAY.

.Mr. REGINALD TOWER, etc. Now, in pursuance of that letter1 and of this agreement which

they were trying to reach, the President addressed this message to the Senate and the House; To the Senate and House of R epi·esentatives:

I transmit herewith a report from the Secretary of State, with accompany­ing papers, with reference to tho claim of the Eastern Extension Australasia and China Telegraph Compan¥, Limited, for compensation on account of ex­penses incurred in repairing its :Manila-Hongkong and :Manila.-Capiz cables, which we1·e cut by United States forces during the war with Spain.

I recommend that as an act of equity a.nd comity provision be made bv the Congress for reimbursement to the company of the actual expenses incnrred by it in the repair of the cables.

EXl':CUTIVE MANSION, Washington, January 16, 1900.

WILLIAM McKINLEY.

Mr. MAHON. Now I will answer the question of the gentle­man .

.Mr. MOODY of Massachusetts: Mr. Chairman--Mr. MAHON. I promised to yield to the gentleman from Mis­

souri first, and then 1 will yield to the gentleman from Massachu­setts.

Mr. LLOYD. The question I asked was this: On what ground do they base a claim that the United States Government should make this payment?

Mr. MAHON. Mr. Chairman, in answer to that, so that the House may have the benefit of it as well as the gentleman, I will have the Clerk read the chief points in the opinion of the Queen's counsel. That will be a complete answer to the gentleman's question.

Mr. MOODY of Massachusetts. Mr. Chairman, I would like to ask the gentleman from Pennsylvania if this is not the first of a series of like claims?

Mr. MAHON. I think there is only one more, for a cable that is somewhere on the shores of Cubs., but I do not know where.

Mr. MOODY of Massachusetts. That amounts to $40,000 as against $5,000 in this case.

Mr. MAHON. That bill is in my committee, and they have accepted the same thing as in this bill-that is, the actual expenses of repairing and renewing the cable. They had damages in the bill, but that has been settled.

Mr. MOODY of Massachusetts. Mr. Chairman, if the gentle-man is through1 I want to say a few words.

The CHAIRMAN. The Clerk will read. The Clerk read as follows: OPINION OF SIR ROBERT T. REID, Q. C., M. P., A.ND MR. HENRY SUTTON. The rule usually acted upon is that neutral pror-erty permanently situated

in belligerent territory must take its chance in war in common with the property of the belligerent.

But we think that when the property in question has an international character (as all submarine cables have, especially where, as in the present case, they form links in a wider system) the rule above mentioned ought not to be ap:plied, and it has not in fact been applied in any case known to us. We consider that it is consistent with international usage as well as equi­table in itself tha.t the claim of this company should be entertained unless there a.re circumstances either in the relations between the Spanish Govern­ment and the company or in the actual conduct of the cotnpany's representa­tives sufficient to deprive it of the benefit of a neutral character.

It is worthy of note in this connection tha.t the whole utility of the cable over, it may be, very many miles is as much destroyed by cutting it within territorial waters as by cutting it on the high seas. which last act would undoubtedly entitle its owners to compensation.

This consideration confirms and illustrates the international character which we have already-said belongs in some degree to a submarine cable.

It remains to be considered whether the pri.ma facie right to compensation is in the circumstances of this case affected by reason of the relations exist­ing between the Spanish Government and the company at the outbreak of the war, or subsequently- thereto, by the conduct of the company's repre­sentative.

The relations between the company and the Spanish Government depend upon the terms of the concession. These terms do not appear to us to be unreasonable in themselves, either for the Spanish Government to impose or for the company to accept, and are nothing more than the occasion upon which they were agreed to reasonably demanded.

As regards the conduct of the company's representatives, they w er e pre­vented by Spanish officers from entering into relations wit h the Umted States Admiral, and wha.t was done under coercion can not be r egarded as unfriendly, and though they might have allowed the Unit ed States Admiral to use their cable instead of preventing him by sealing the Hongkong end, there is no doubt that; had they allowed its use it would have been a com­plete departure from a neutral attitude, and would most likely have entailed min if the Spaniards had recovered the Philippines.

No indemnity was offered by the United States, and it is not, in our opin­ion, a fair position to impose on a private co:wpany that they should be placed in a dilemma of being obliged to choose sides and expose themselves to ruin if the belligerent of their choice proves to be the unsuccessful bel· ligerent.

There is nothing in all this to disentitle the company to compensation. The only point which may be considered adverse to the claim of the com-

pany is as follows: · It appears to us tha.t the Spanish Government was in fact using this cable

for military purposes hostile t o the United States, and we think it is open to question whether that circumstance did not warrant it b eing cut without compensation\ a s a n ecessary act of war, not because of the misconduct of the company, out because of a military necessity. If this had b een ordinary property of neutrals, we think this point would have been fatal to this claimi

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1900. · ·CONGRESSIONAL RECORD-HOUSE. 1227 but on the whole we consider that it does not apply to such property as this cable. And, further, it appears to us that the United States Admiral did not merely aim at preventing the use of the cable by the Spaniards, but also at using it for himself. Under these circumstances we think that the claim for compensation is legitimate and ought to be entertained.

With respect to the loss of traffic, we do not consider that a claim can be substantiated in respect of loss caused by the necessary disturbance of this as of other industrial pursuits in the time of war. The question as applied to a cs.ble is of novel character and we can not say there is any precedent, but we think the proper conclusion is what we have stated. · The proper course to J'.!Ursue in order to bring the company's claim before the Government of the United States will be for the company to prefer it through the foreign office.

N OVIDIBER 21, 1898.

R. T. REID. HENRY SUTTON.

Mr. MAHON. That is the only answer I can make the gentle­man. Now I will answer the gentleman from Massachusetts.

Mr. MOODY of Massachusetts. Mr. Chairman, I have asked all the questions I wish. I desire to be heard at the proper time.

Mr. RAY of New York. Mr. Chairman, I desire to ask the gentleman from Pennsylvania if he will agree to this substitute?

Mr. MAHON. I will yield to the gentleman. Mr. RAY of New York. I will read it. Amend the title so as

to read: "Authorizing the Secretary of State to reimburse the Eastern Extension Australasia and China Telegraph Company, Limited, for expenses," striking out the words" compensation on account of," and striking out "pay the claim of;" and then have the bill read this way:

That the Secretary of State be, and he is hereby, authorized and directed, as an act of grace and comity, to reimburse an amount not exceeding $4,500 to the Eastern Extension Australasia and China Telegraph Company, Lim­ited, for expenses incurred in repairing its Manila-Hongkong and Manila­Capiz cables, which were cut by United States forces during the war with Spa.in; and a sufficient sum of money, not exceeding $4,500, is hereby appro­priated, out of any money in the Treasury not otherwise appropriated, to reimburse said company such expenses.

That would do away with an objection, as I think, which would establish a dangerous precedent and would recognize the bill as a valid claim against the United States.

1\Ir. MAHON. Mr. Chairman, I anticipated this objection my­self, and I have this amendment prepared, which I will offer at the proper time, and that may answer the gentleman's purpose. I intended at the proper time to amend, in line 4, by striking out " to pay the claim of" and insert in lieu thereof the word " reim­burse;" and in lines 5 and 6 strike out the words "for compensa­tion" and insert in lieu thereof'' as an act of comity and grace;" and after "expenses," in line 6, insert "not exceeding $4,500." Then the gentleman from New York can amend the title, which ought to be amended accordingly.

Mr. RAY of New York. Oh, no; you leave in also, in lines 10 and 11, "to pay the claim;" and you leave in "compensation on accountof," recognizing it, in fact, as a claim. I think, perhaps, you intendedall right. , Mr. RICHARDSON. Better agree with thine adversary while

he is in the way. Mr. RAY of New York. That would carry out the idea of the

President and of the Secretary of State, that it would be an act of grace.

Mr. MAHON. I have no objection, Mr. Speaker, to the substi­tute if the gentleman will offer it.

Mr. :MOODY of Massachusetts. I would like to ask the gentle­man from Pennsylvania if he would accept an amendment which would provide that the British Government should pay the claims of American citizens against that Government "as an act of comity and grace?"

Mr. MAHON. Oh, while I may be in sympathy with the gen­tleman's position, this would not be the place to put it. I do not know whether there is anything in the claim.

Mr. MOODY of Massachusetts. I do. The difficulty is, when claims are presented to this Government, they are paid; but when presented to the Government of Her Britannic Majesty, they are simply talked about for years, and I am not ready to stand here and pay any of those claims until those that our own people have against that Government are considered as well. By and by I will state what those claims are.

l\Ir. MAHON. If the gentleman will carefully examine the pay­ment of claims and counterclaims between the United States and the British Government, he will find that this Government has a long-barreled shotgun in its hands. This Government has always received millions of dollars more than we have paid to them, and this Government always has been able and always will be able to make the British Government pay to her citizens what is legally due to them.

Mr. MOODY of Massachusetts. This Government does not al­ways succeed in doing it.

Mr. MAHON. Perhaps not, in a few isolated cases. A great many gentlemen in this country think they have claims, when they have no claim against any person.

Now, Mr. Chairman, I have presented this case, I think, as fully as I need to, so that the House now thoroughly understands it, I am not going to weary the House with any long argument.

Summarized briefly, there is no doubt about the fact that that

cable was cut. There is doubt that it cost at least $4,500 for re­pairs. There is no doubt that thepeoplewhoowned this property were neutrals and were in no way hostne to our Government during that war.

Mr. BARTLETT. May I be pardoned to ask the gentleman a question in reference to this matter?

Mr. MAHON. In a moment. Mr. BARTLETT. I merely wish to ask a question right on

that point. Mr. MAHON. The next step is that the British Government has

presented this claim of her citizens through the proper govern­mental channels of England. The opinions of this high law of­ficer, on account of his high position and great ability, must carry some weight.

Mr. LLOYD. I want to ask the gentleman one question in that connection. Why is it that this Congress should be governed by the opinions of Her Majesty's counsel rather than by the Attorney­General of the United States?

Mr. MAHON. Every gentleman ought to be controlled by the opinions of great legal men. I will come to that. Now, I say this--

Mr. LLOYD. Mr. Chairman, I wish to say that I will stand up for my own country.

Mr. MAHON. There is no doubt that the position taken by the English Government, through its proper department, backed up by the legal opinions of her legal representatives, is what I have stated. Counsel for the Queen says we are responsible, not only for the actual repair, but for the damages arising from loss of business. This claim was presented to this Government, backed up by the authority of the British Government to present it, through the British ambassador. The Secretary of State very properly presented this claim to the Attorney-General, who is the law officer of this-Government. He reviewed all the facts, and from his standpoint he said there was no liability on the part of this Government, either as to losses incurred or the expense of re­pairing the cable. Here we have an issue between the two Gov­ernments and opposite opinions from law officers.

Mr. DALZELL. I should like to make an observation just there. If the gentleman is right, I should be disposed to vote against the payment of this claim, but I do not so understand it. I do not so understand it. These gentlemen who render this opinion, which, in my judgment, is a very thin one, are not the counsel of the British Government, but the counsel of this Australasia-China Telegraph Company; and so far from making a claim against this Government as a matter of right, the British ambassador trusts that our Government will be disposed to entertain this claim apart from strictly legal considerations and to adopt the equitable rule suggested by the Government in such cases. Now, if this were a claim pnt on the ground of right, I should vote against it. If it is on the other ground, I should be disposed to favor it.

Mr. RAY of New York. I call the attention of my friend to the letter of the Secretary of State on that subject.

Mr. DALZELL. And, furthermore, as my colleague [Mr. RA.Y of New York] suggests in this connection, the Secretary of State says to the President:

It will be seen from the papers that no formal claim in behalf of the com­pany is presented by Hor Majesty's Government, but that that Government submits whether, a..s an act of grace, some pecuniary compensation may not be granted to the company for the loss which it alleges to have suffered in this regard.

And, furthermore, the President of the United States, in his message sending the papers to this House, says:

I recommend that as an act of equity and comity provision be made by the Congress for reimbursement to the company of the act ual expenses incurred by it in the repair of the cable.

So that I think the claim is really before the House upon the ground of equity and not as a legal claim.

Mr. MAHON. The gentleman from Pennsylvania [Mr. DA.Ir ZELL] will understand that I am not insisting that there is any legal obligation on the part of the United States to pay either damages or the expenses incurred. I have not examined that part of it. This case, however, has come through the British ambassador, and has been sent here as stated. I do not know who Robert T. Reid is. Probably he is an ordinary counselor. The gentleman may be right about that. In looking over the papers I supposed he was the legal adviser of that department of the English Government.

Mr. RIDGELY. Do we understand that this claim has been submitted to our Attorney-General?

Mr. MAHON. Yes. Mr. RIDGELY. And that he reports officially that we are not

legally liable? Mr. MAHON. He does. Mr. RICHARDSON. He says that we are not legally bound. Mr. MAHON. Now, Mr. Chairman, as I was just going to state,

this claim is not presented here by the Committee on War Claims. The committee have not so reported. They have offered no opin­ion, excepting the papers in the case, the opinion of the counsel for the claimant and the opinion of the Attorney-General of the

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1228 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

United States against that legal position. Then they present, further, the proposition made by the BTitish ambassador that the proper way to settle this case is to get away from all things like legal distinctions and settle it as a matter of comity and grace be­tween these claimants and the Government of the United States. In pursuance of that I had an amendment prepared reciting that we do not pay this as a matter of legal right, but merely as a mat­ter of comity and grace that ought always to exist between friendly powers. But the gentleman from New York [Mr. RAY] has of­fered a substitute whiCh covers my amendment and makei;-i the bill still safer, and I am willing to accept that substitute.

Mr. LLOYD. I wish to ask in this connection, suppose it had occurred that in the conflict between the United States and Spain the Philippine Islands had not come under the protectorate of the United States. Does the gentleman then hold that either in law or in equity we would be responsible for damages for acts which were committed as an incident to military operations?

Mr. MAHON. I do not insist that this claim now stands on any legal obligation to pay it.

Mr. LLOYD. Would -yon say that it stood as an equitable claim under those circumstances?

Mr. MAHON. Always, if there is any equity in it. Mr. LLOYD. I should like to call attention, then, to the second

opinion of Messrs. Reid and Sutton with reference to the liability on that account.

Mr. MAHON. Well, I have ignored their opinion and have ac­cepted the opinion of the Attorney-General of the United States.

Mr. LLOYD. Then you ignore the opinion of Mr. Sutton and Mr. Reid when they say we should pay on account of the fact that we obtained the Philippine Islands?

Mr. MAHON. I hope the gentleman will not make a speech in my time. If he will allow me, I will answer him. I am not pressing this bill on the legal opinion of l\Ir. Reid or Mr. Sutton. I can not press it as a legal obligation on this Government, be­cause the Attorney-General of the United States has decided against it, and in his opinion we all ought to acquiesce; but we are presenting it on the ground that this was a neutral party; and the cable was cut as a military necessity; that the cable company suffered a great hardship and a great loss, and simply as a matter of comity existing between people who are friendly and as a mat­ter of grace the Secretary of State and the President of the United States recommend that we pay this claim.

Mr. LLOYD. Then do you think it is the duty of the United States to pay all neutrals the damages that may come to them by reason of a war that may exist between nations?

Mr. MAHON. It would take too long to answer that question. l\Ir. LLOYD. That is the logical sequence of your reasoning. Mr. MAHON. How much time have I remaining? The CHAIRMAN. The gentleman has twenty-seven minutes. Mr. MAHON. We have passed bills against this Government

to pay thousands of dollars where there was no legal obligation, but simply as a matter of comity and grace.

Mr. RAY of New York. Do yon know of any case similar to this?

Mr. MAHON. No; I do not say that. Now, I yield ten minutes to the gentleman from Massachusetts [Mr. MooDYl.

Mr. MOODY of Massachusetts. I desire to call tlie attention of the committee to the fact that we are on this bill considering an entirely new question. The rule of international law is well set­tled that if the property of a neutral is within the theater of mili­tary operations it must take its chance of destruction by military operations, and for that destruction the owner has no lawful claim against the belligerent government. I do not understand that the gentleman from Pennsylvania disputes that proposition, On the other hand, he affirms it.

The cable of the claimant was cut by the orders of Admiral Dewey in the course of his naval operations. We are asked to pay as a matter of equity-I am not sure we ought not to pay it-a claim of the owner of the cable, based upon the opinion of its own counsel, who himself says that "the question is of a novel char­acter and we can not say that there is any precedent for it." On the other hand, the Attorney-General of the United States is of the opinion that the claim is groundless in law. This claim will be fol­lowed by others of the same character. Everybody who remem­bershow every day the press contained accounts of some new cable­cutting operation by our Navy along the shores of Cuba during the late war understands very well that when we begin by paying one of these claims we shall have to pay them all. I noticed yes­terday that the President sent to Congress a recommendation that we pay the claim of some company whose cable was cut upon the shores of Cuba, the claim amounting to between £800 and £900-a grnat deal larger claim than this.

Now, I think, if we are going to undertake to make compensa­tion-and 1 again say I am not sure we ought not to do so in view of all the international circumstances which have existed during the past two years-we ought to do so deliberately. Weoughttofind out what the cases are and how many there are. We ought to have the fullest information on the subject from the State Depart:-

ment. For this reason when the proper time comes I shall offer by way of amendment to the bill a proposition to this effect: .

That the Secretary of State is hereby requested to furnish Congress with full information as to the claims of citizens of the British Government i~~ J~r~:~Fent and of citizens of the United States against the

While I am willing to do equity toward the subjects of Her Britannic Majesty, I want Her Britannic Majesty's Government to do the same equity toward the citizens of the United States. I represent a district in which many of the people are in constant contact with_the authority of the British Government, exercised through the Dominion of Canada. The conduct of the Canadian government for these many years toward those engaged in the American deep-sea fisheries is not pleasant to contemplate. It does not tend to increase the international good will which- I should be glad to see. When I spoke of this matter before, some, gentlemen asked me what case I had in mind.

I will state one of ml.ny, and one only. A man who by many years of toil upon the sea bad gathered togethermoneyenough to own a little vessel of his own was fishing some years ago off the coast of Nova Scotia;, more than 6 miles from any part of the main­land. He was fishing upon the high seas, upon God's highway, where American citizens have the same right as citiz·ens of Great Britain. Desiring to be within the law. he learned from one Cana­dian cruiser that he was outside the 3-mile limit. Acting upon that information, he surrounded a school of mackerel with a seine. After he had caught the fish and secured them in his seine, but before he had landed them upon the deck of his schooner, a second Dominion cruiser came along and claimed that, although he had caught the fish upon the high seas, yet while they were in his seine and before he had landed them upon the deck of his vessel, he had drifted within the 3-mile limit and consequently within the juris­diction of the Dominion government.

The owner of the American vessel protested and has always claimed that he was even at the .time of seizure upon the high seas and beyond British jurisdiction; but his vessel was seized, condemned, and forfeited by a Canadian court, and the forfeiture was affirmed by the supreme court of the Dominion of Canada by a majority of one of the judges. It was admitted by the Crown that the fish were actually caught and secured in the seine upon the high seas, and the only claim upon which the forfeiture was based was that the mere drifting across the line with the fish in the seine attached to the vessel was an offense against British law, Yet, drawing a line from headland to headland at that part of the Nova Scotian coast, the point of seizure was 4i miles outside the line thus drawn, and very much more than that beyond any point of the mainland of Nova Scotia.

The only manner in which the jurisdiction of the Canadian court could be sustained was by measuring from an isolated ledge, uninhabitable and without vegetation, over which the sea breaks in a high wind, and which projects from the bottom of the ocean. After a weary litigation the British Government offered to return the vessel to its owner, but upon the condition that costs should be paid, which were beyond his means and far exceeded the value of the vessel which had been left to decay and rot and go to ruin. This is the case of the Frederick Gerring, J1'., an American fishing vessel, owned by an American citizen, Edward Morris. Thus, not in time of war but in time of pea.ca the sav­ings of a lifetime, earned amid the perils of the sea, have been swept away. That is the claim against the British Government for which the Senators from my State and I have been haunting the chamber of the Secretary of State for years past. Before we sit here to do an act of grace to subjects of Great Britain, we ought in justice to our own people to compel Great Britain to do equity by us. [Loud applause.]

I hope that the substitute that I offer will be adopted by this committee. 1 hope that we shall proceed in this matter deliber­ately; that weshall find out what we owe in equity to the citizens of Great Britain and pay them, and find out at the same time what Great Britain owes to our_ citizens and compel her to pay them. [Loud applause.]

Mr. MAHON. I now yield eight minutes to the gentleman from Pennsylvania. · ·

Mr. ADAMS. Mr. Chairman, as this proposition comes to the House from the State Department, it comes in a very simple form. It is not embarrassed by any relation to the opinion of those Eng­lish counselors. It does not undertake to set aside the opinion of the Attorney-General of the United States, whose opinion would be binding upon the State Department in any question. It comes from that Department of Government which is intrusted with our foreign affairs and with relations existing between this and other countries. It furthermore comes from a still higher au­thority, from the Executive Officer of our Government, the Presi­dent of the United States.

Neither of these departments of the Government ask for the payment of any legal claim or for the recognition of any legal liability on the part of this Government. On the contrary, it is specially excluded, and it is asked to be done as an act of grace

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1900. CONGRESSIONAL RECORD-HOUSE. 1229. between this country and the inhabitants of Great Britain. The ouestion of liability incurred on cables is a new one in interna­tional law, and there has been no ruling to amount to anything on that question so far. Therefore, it is a delicate subject for any government to commit itself upon, and it should be proceeded with very slowly.

I think the amendment, or substitute, offered by the gentleman from New York makes it very plain that this is nothing but an act of grace on matters arising between the two countries and will not tend to establish any precedent, which the gentleman from Massachusetts seems to fear. Any country that performs any act of grace in so doing distinctly states it is purely an act of grace and comity between the nations, which precludes it from ever being quoted as a precedent for cases that may come afterwards. I have full sympathy with what the gentleman from Massachusetts says, that our Government should insist upon the collection of every claim due us from Great Britain, but I would submit to the fair judgment of this House if a good way to do that is not to show that we are willing to be fair with claims coming from our own StateDepartment,. indorsed by the Executive, and that they should be granted an appropriation for this act of com­ity? Let us set an example as to the way our Government seems desirous of doing, and they may follow it.

Mr. MOODY of Massachusetts. But they do not follow, Mr. Chairman. We keep setting an example, and they keep refusing to follow it.

Mr. ADAMS. That is a statement that the gentleman might not be able to sustain with facts. He has referred to the fishery question, which is one that has involved a long consultation be­tween this country and Great Brirain. It is not only limited there, but it is also a dispute in regard to France. The gentleman has touched upon a question that is very open and debatable, and however much there may be in individual cases that exist that would appeal to our sympathies, still it is not fair to bring up a question that has been long debated and never finally settled as a set-off to a claim which the Executive of our Government and the State Department, which is intrusted with this particular phase of our Government, comes and asks the Congress of the United States to grant.

Fmthermore, the ambassador of Great Britain, in his communi­cation to the State Department, distinctly makes no claim. He asks it as an act of comity and equity, and the word equityin this connection must not be confounded with the word equity in law. It simply means equity as justice between two nations. There­fore we will establish no precedent, and when that Department to which our foreign relations is intrusted-the State Department, and further indorsed and supported by the Executive of our coun­try, the President-asks the House as an act of comity and justice between two nations to grant a small sum of $5,000, I think it would ill-befit us not to respond to the Executive in that particu­lar, in order that we may show our good will and feeling in this matter, and set an example to other nations, which we have been doing lately in such a high degree on other matters as to prove that we stand ready to repair any act we have done that can not be sus­tained with established precedent and fullest right of interna­tional law.

Mr. MAHON. As I before stated, I have no intention of press­ing a vote on this bill. I think it ought to be discussed. I now want to reserve the balance of my time for the future.

The CHAIRMAN. The gentleman has twelve minutes remain­ing. The gentleman from New York is recognized.

:Mr. MAHON. As there does not appear to be any opposition to the bill, I suppose the gentleman will be recognized in his own time.

Mr. RAY of NewYork. I asktoberecognizedin myowntime. Now, Mr. Chairman, I am not exactly in sympathywithall that

might be said in opposition to the action of the English Govern­ment in regard to this claim, or with all that has been said on that subject by the gentleman from Massa~husetts. Englishmen move slowly always. ln the war in South Africa we have an exem­plification of that fact, for they are now moving with exceed­ing deliberation to the relief of Ladysmith. And if they are act­ing with deliberation there, what can we expect in the matter of claims for the compensation of American citizens? I think, as a rule, Englishmen and the English Government endeavor to be just in thefr dealings with the United States and with the citizens of the United States.

What the facts arein relation to the claim to which the gentle­man from Massachusetts [.Mr. MOODY] has called attention I do not know, but if there is justice in the claim I have no doubt that justice will be done in due time. As this bill originally came be­!ore the House for consideration this morning I was opposed to it m almost every feature, because it recognized a claim of this com­pany and a liability to pay that claim, and thereby to establish a most dangerous precedent. We have ·here the case of a foreign company, or, I assume, a foreign corporation, composed entirely of citizens of China and citizens of Great Britain. When the war with Spain broke out they were the owners of a cable line between

the island of Luzon, entirely within the Kingdom of Spain, and Hongkong, which was within the jurisdiction of Great Britain or China. I take it Spain had nothing to do with the line, except as she had granted the privilege to this company to land the cable. I understand that the Government of Spain had no ownership in the line. Is that true?

Mr. MAHON. I so understand. Mr. RAY of New York. Therefore we have a claim made by

citizens of China and of Great Britain for damage to their prop­erty done by the Government of the United States in the prosecu­tion of the war. This property damaged was not entirely situate within Spanish territory, within the theater of military opera­tions, and it was notexclusivelyunder theSpanishfl.ag. It seems to me, Mr. Chairman, that there is a great deal that may be said in favor of the enactment of this measure into law. It seems to me that it would be wise and just to recognize this claim, as the President of the United States has done by recommending, as an act of grace, simply and purely, recognizing the rights of these citizens, that we make some compensation.

And it seems to me, furthermore, that there is a great deal of wisdom in the proposition of the gentleman from Massachusetts fMr. MOODY], which is that before enacting any measure of this :kind into iaw we ask the Secretary of State to furnish us with a list of all claims of this character that have been brought to the attention of the Government of the United States; that he give us the history of the circumstances connected with the damage done by our Government or military forces to all of these cable lines connected with Cuba and Puerto Rico, Luzon, and any other point where we may have had occasion to interfere with these great means of international communication, these cable lines.

I take it that we could notfindaprecedentanywherethatwould sustain us either in refusing to paysuchaclaimor in paying it, and it is a matter that will involve the payment, I think, before we get through with the subject, of at least a million dollars; that is the way I understand the matter. I understand that one claim, aside from this one, has already been presented to the Government of the United States which involves in the neighborhood of half a million dollars.

Now, Mr. Chairman, I would say, with all respect to the chair­man of the committee who reported this claim-and I notice that he wrote the report himself-that it seems to me this bill had better lie by and be withdrawn from the consideration of the com­mittee until some future occasion, and that an inquiry be made into all these claims, all the circumstances connected with them, and that this committee having the subject in charge give it most careful attention, examine the legal propositions connected with it, examine the precedents relating to the subject, and make a full report to this House that will inform us just where we stand­in other words, so that when we com~to consider this subject we may know " .where we are at." I understand, of course, that this is a very small matter--

Mr. MAHON. I ask the gentleman to yield to me now to make a motion that the committee rise.

Mr. RAY of New York. I will yield, Mr. Chairman, with the understanding that I have the floor when this matter comes up again.

And then, on motion of Mr. MAHON, the committee rose; and Mr. PAYNE having taken the chair as Speaker pro tempore, Mr. STEELE, Chairman of the eommittee of the Whole Honse on the Private Calendar, reported that that committee had had under considera­tion the bill (H. R. 6909) authorizing the Secretary of State to pay the claim of the Eastern Extension Australasia and China Tele­graph Company, Limited, and had come to no resolution thereon.

EULOGIES ON THE LATE VICE-PRESIDENT HOBART. The SPEAKER pro tempore. The gentleman from New Jersey

[Mr. GARDNER] offers the resolutions which the Clerk will report. The Clerk read as follows: Resolved, That the House has received with~rofound sorrow the intelli­

§t~:s~f the death of GARRET A. HOBART, late ice-President of the United

Resolved, That the business of the House be suspended in order that the public services and private virtues of the deceased may be appropriately commemorated.

Resolved, That the Clerk of the House be directed to communicate these resolutions to the Senate.

(Mr. GARDNER of New Jersey addressed the House. See Appendix.)

Mr. STEW ART of New Jersey. Mr. Speaker, I will occupy the attention of the House but a very few minutes.

Vice-President HOBART is dead. The nation was profoundly startled at the sad announcement. When we last saw him he was apparently in robust and vigorous health; but the black-robed messenger of death beckoned from the hilltops, and he followed with the dying to an eternal rest. I knew him well . . I attended his marriage to one of the most delightful young women in our community. Now she is his sorrow-laden widow, cloistered in gloom and loneliness.

His administration was unique, and the unusual friendship ex­isting between the dead Vice-President and our distinguished

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CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

Ei'esident was.of the·tenderest kind, and gave him personally and officially a dignity and importance herebefore lacking, and raised the office-of Vice-President from one· of perfunctory faculty to an exalted power. In early life he gave emphatic promise of futura wealth and greatness.

Our deeds do follow us from a.far; And what we have been makeaus what we are.

He possessed greater business capacity and executive ability than any man I ever knew~ He foved wealth and power., and.dis­pensed both liberally. As the great poet-says:

The time of.life is short; To spend it basely were-too long.

His-neighbors and friends best Kn.ow how hia shortened time of life was spent. Midas-like, everything he-touched1 turned to gold, and his genial, robust, and' cheerfur appearance loaded Irim down with preferment and power. But' it is not to the dead our words should be alone- or particularly addressed, but to the widowed wife and son who must carry this burden of sorrow throughout a lifetime. To this grand' wicfowand• stricken boy Tut our hearts­go out with tenderness, sympathy, and love, and' appeal to -the Almighty, who ill especially the widows' God, to strengthen her in her loneliness for all struggies- to come; and when she ap­proaches the eternal throne may she bid a fond adieu to tills world to embrace her beloved husband in the life everlasting.

Tu. this life there- is a continual parting-by death, marriagH, absence; aHare profoundly sad; but-death is saddest, forit is for life. How·patheticrdoes our own great-poet-sing of thi.&sad_truth:

All are scattered.now and fled, Some are married, some are dead; And when I ask, with throbs of pa.in-

' 'Ah I when.shall they all meet again. As in the days long since gone by?" The ancient timepiece made reply.:

".Forever-never; Never-forever."

Never here-, forever there, Where all par~, pain, and care. And death, and time shall disappea:c, Forever there, but never here, The horologe of eternity Sayetldhis incessantly,

"Forever--never; Never-forever."

Soorr as age greets us we have- more friends in eternity-than here; and when we are required to depart, death'& journeyis mads easier by this- thought. God grant we may all view-life a& a very transient- state and always: regard the star of eternity as soon to surround ua ini its effulgent rays.

Mr. PAYNE. Mr. S:peaker, my·acquaintance with GARRET A. HOB.A.RT" begarr orr the· day he was nominated to the-office of Vice­President at St. Louis. His-quiet, cordial, winsome greeting when I first met him lingered in my memory long after an acquaintance had ripened into a lasting friendship. I desire to add my testi­mony to those noble qualities of head and heart that characterized our late Vice-President.

In· our system of government the Vice-President. occupies- an anomalous and ofttimes uncomfortable position. His is an office of high rank, carrying with it the greatest possibilities of political heirship and yet bringing little power or responsibility. ffe is the presiding officer of the Senate, and is·chosen for that august body and not by them. He has the right to vote only in case of a tie; he rarely has an opportunity to exercise this· right while he presides over the deliberations of the Senate. In exercising the preroga­tives- of a presiding officer he can never be a potent :factor, but is alway th.a ser:vant-of. the: Senate~

It is to be regretted that in our political system more important duties and greater responsibility could not have been imposed upon an office of such high rank. The duties of the office should have-been in keeping with its great possibilities. In case of a vacancy, he is the constitutional successor of the highest officer in our system. Only a single life stands between him and the Pre.sidency. While he is clothed with the high rank and dignity of presiding over one coordinate branch of Congress, he is shorn of responsibility and power. He has no place in the Cabinet counsels of the Executive. He can not raise his voice in debate in the Senate; he can not vote on the questions; great or small, that come before that body unless the Senators happen to I>e equally divided. He has no influence there or elsewhere, except that which comes from his own personality; scarcely more than he would exercise as a. pr.bate. citizen. Often hi& position is scarcely more enviable than that of the heir apparent to a.. Euro-­pean throne.

In the-early. days of the Republic great care was ta.ken in the­selection of candidates for this office. The fact that this officel.' was the constitutional successor to the Presidency whenever a.. vacancyhappenedseemed to be the all-pervading infiuence·in the naming of the Vice-President. Down to 1804 the Constitution distinctly recognized this principle. The electors voted for two persons, The onareceivingthegreatest numberwaschosenPresi-

dent, and he who received the:- s.econd, greatest was chosen Vice­President. Under this_ provision John Adams and Thomas Jef­ferson were each chosen. Vice-Preeident and each succeeded by election t? the Presidential office, .the· Pre~ident with whom they had prev10usly been. chosen as Vice-1?res1dent. In like manner at a later period .l'ifartin Van Buren also succeeded the President under. whom he-had served as Vice-President This method of selection was-changed by the amendment of 1804, owing to an un­fortunate complication which arose under the old system. But the reason still existed why a candidate for the Vice-Presidency should be mall res1>ects eq_nal to the· emergency should he suc-ceed. to the Presidency. -

Since the change in the constitutional method of selection.Jess care has- been-taken, as-a general rule, in the-selection of the Vice­President. Frequently the.question of fitness has been sacrificed to that of_ availability. After hot and bitter strife within the party-thee Vice-Presid.ency has sometimes been thrown as a mat­ter of consola-tion to appease-a: dis:appointed and defeated faction. The President always represents the' predominant thou(J'ht and principles of his party; his-possible successor should be ch~sen for the same reason. He ought not to be the exponent of the tenden­cies of the minority. His selection ought not to be the result of a desire simply to gain more-vote& for the ticket.

GARRET_ A. HOBART did much to_ restore the office to its old­time dignity and.rank. No one who knew hlm. well doubted his fitness an~ ability to fill with ho?or to. himself and to the lasting glory ofi his country the pJa.ce eflt& Chief ExecutiveJ Ke had the ~bility! the ~ct, tnastatesmanship to take~ high'place in the long Ima of illnstr10us men whu have served their.. co_nntry-in. the great­est office in all the world.

Mr. HOBART, not officially, but bytheforceof his character .was a part of the Administration. His counsels were listened to bi the executive-chamber, and. his voice was heeded in legislative halls. May his successor be of the same high character and intellectual endownment; amply qualified for all the emergencies which the Constitution has imposed upon the. office.

GARRET A. Hon.A.RT exemplified the typical life of a successful American boy. He- worked his way through college and won the right to practice in the courts of his State by dint of hard work and on the meag~:r pay as a. teacher in the public schools. The school teacher became a,.lawyen_ at the a.ge of 25, and this was the beginning of his success, culminating in the Vice-Presidency at the age of 53J While engage_d in an. acfue and exacting profes­sion, he found time to enter into the councils of his party and perform_ all th~ .duties of an Am~rican citizen. Courage, com­mon sense, ability, and.. persevermg work broug.lit success in ev01·y sphere of his-usefulness. Responsibilities multiplied upon him, but, lik&e-very busy man, he found. time for all.

No interestintrnsted to his carewas everneglected. His fellow­citizens honored. him and he honored. them in the faithful and con­spicuous-discharge of private and official duties. He was succes­sively presiding officer of each branch. of the legislature of his own.State. His advice was eagerly sought by clients and party managers. And with all the burden of responsibility he found time for'hiasocia.l dntie_.s, his family, and his church. ffe passed away in the ripe maturity of his powers, seemingly in the day of hi& greatest possibilities-and power., yet. it was the close of a life abounding in influence- and full of honorable achievements.

As presiding officer of the_ Senate., he has hacifew equals and no superio1·. He seldom left the chair during the session of the Sen­ate, was alwaysc fully informed as to the progress of business, never shirked.the responsibility of a. decision~ was ever courteous, tactful, and ready, and with all just and honest. He was re­spected by political friend and foe alike.

In these few words, Mr. Speaker,. I hava sought, as it were, to place a. single flower on the grave of GARRET A. HOBART. His life work, how worthily and well done, the whole nation bears witness. His- days were full of usefulness and crowned with honor. His last victory was ms best; it was the victory of the Christia~s faith. As he calmly bade his family farewell, and with courage tm'lled to meet_ the great destroyer, it was with the calm.confidence in a new life, unnumbered by the years. His death was the crowning triumph of his successful life., Verily," His works do follow him." ·

Mr. DALZELL. Mr. Speaker, since I have been a member of this Honse I have very seldom taken any part in suchexercises as engage mm attention to-day. I have. never felt that it was my duty to speak when speech would necessarily be only perfunctory. I have felt that the language of eulogy is too often the language of exti·a-vagance, and.that this. is the more apt to oe so when it is the result of a seeming regard for the demands of propriety than_ when.it-is-an answer to the promptings of an aJrr>reciative regard. Pro~riety suggest& that we should :uut upon record our estimate of the nation's loss sustained in the· death of the Vice-President; but if that were all that appealed to me to-day, I should remain silent and leave to others the duty of form.nlating that estimate.

I come to bring my humble tribute to the memory of GARRET

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1900. CONGRESSIONAL RECORD-HOUSE. 1231 A. HOBART beca.nse of my personal esteem. for hi.~ because of my I· P~esident ae such. ~t the time. of this change in our system admiration of his career, and oecause rbeheve him.eta have been a tliere. were not wanting those who, measured by subsequ~t high type of Amecican manhood,.illuatrating.inhia-life. the splen- events:, ha"'.'e beerr I>Toven to be true prophets .. In the debat~ m did possibilities of American citizenship. · t?-e Hbuse m 1803 t;ipon the :proposed amendment to the Constitu- .

.AJ5 may be said of many Americans-perhaps of. the most who t10n Mr. Roger Griswold said: are successful-he-was tlie architect of.fila own.fortune. And yet The President is elected for four years. He ma.~ die ~thin. that peri~d, We are not nrenared to say Of all WllO thus achieve SUCCeSS that he. ~y be ~oved from office, or he ~ybeCOil!-e disqualified to perform Its

. . ~ ~ · · · · th b 1...:-t;. duties. In either of these events the 1hce-PreSidentsucceeds to the power. th01r lives command our adID.ll'ation.. It. 1S . e means Y WilllaJ. Under the existing arrangement you will secnre1 as fur as human prudence the success is. atta.ined that challenges a place..m om: regarcf. can accomplishdt, the most em~ent-men ~or these two offi.c~ Each candi­

Mr HOBART had sterling qualities of character-indnstry , the_ date mnst he. voted !OJ! !1S: Pre~1dent, and if the electors fairly execute. tke. ' • • • .i:i.. •· x th t t 'that Constitutioni;heywill grrethe1rvotesforthosemen who are the bestqualifi~d love of work that brmgs experience, w..i.e; w:isuom a urns to-atlininister the Government. Thus unde:c: evei:y probable event you will

experience to account in t1ie seizm;e and 1mproveme~ of op11ortu.- find one. of: the most" eminent" of- yuur citizens at the head of your Govern-nities; the ~esire · _to. excel ' that, fa1thfUlly pursued,. msm~e~ exe.el- m'k~t if the- amendment prevails; the case must be greatlychangf!d. The lence; the mtegr1ty and strery~~li of cn.aracter' the fixe~ness ?f man voted for as Vice-President will be selected without any decisive view· purpose, and the he.althy ambitwn that soone~ or later bvmg dis- tohisqua.lifications·toadministertheGovernment. The-offi.cewilligenerally tinction to their. possess.ox and'. maka IilirL a marked man among be-car~d into the market to b~ ex<?hange?-for ~votes of some large S~tes

· for President. And the only criterion wbich· Wlll be regarded as a qualiiica-his fellows. · . tion for the office- of· Vice-President will be- the- te1uporary influence of thEJ

He was a successful man In every sphere that he enterecI, and candidate1rnver·the- electors-o~ his State-. It is in this. manner. you must ex-­the story of his life lias to do with many and. varied spheres. Re poottoohtain a man tofill the~omiofficein.the Government and_whomust realized success not because of mere accident of fortune OJ: of 81?-cceed' to the power of President upon e.very-vacancy. The momentary

. . . . f views of party may perhaps- be promotea1 by such arrangements, but- the opportumty, bnt.by. reason,.above all, of the possession of those ac- permanent-interestS of: the country-a.re sacrificed. ul ties a1:1d trait~ of character t_hat appeal to the confidence of men. In how many national conventions have· we .. seen the realiza­He attamed ~mm~nce as a bus~esaman.. He.~cumu~te~ wealth. tions of these forebodings! In· how many conventions have we an<l: shared _it. with ?thers. HlS. was tha guiding mm~ 1~ ~arge seen' men chosen as Vice-Presidential candidates without any con­proJects and enterprIBes whose success m.ean~~t only mdivid~l troIDng regard to their fitness for the• office· of President, but. but the general weal. ~e w_as .a public-sprrited man. As ~s simply· because of· expediency and availability for ulterior pur­means grew S.Q• ~fi grew m ID1!1d an~ cliaracter. H~ shared' Iris posear The consequence has been a.fowering of- the dignity of the good fortune with otliers. His hand was. op,en as his hea:rt. was second· office in·the Government in th&minds,and estimate of the warm. . . , . . . . people, and· a consequent diminution 9t the- p~wer an<'.! dignity·

He had t~ ??~Cel)t10n of a-broad-mmW:d:~n as to~ <;'In.ties pertaining· to the office itself. And while our Vice-Prestdents, as and; respons1b1hties. ffe was one o~ those; ~ho C?IlSClentwusly. a rule, have been distinguished. men, they have acquiesced in the assume the burdens an?- fac~ ~ ~nties of:<?_ltizenship. He ~w popular estimate, and have sought- no wider sphere or broader that good government is an. mdividual a!'fafr, that there can. be no. duties tlia.n pertain· to the Presidency of the Senate. h~m~st mass unl~sa:,there be honest ~~rticles· .. And so.he gave of To thiS" rule Mr. HOBART. was a conspicuous exception. He hIS time an.d of Iris ~ans to the. climce of good men to ~ffic.&. . It. brought- to the administratinn· of his office a lofty: conception of was regar~e~s of self:IBh PUTJ?Oses .. that. ~e too~ place hl?1self_ at the place, and a-fooling ofi :r>ersonal.interest inand sympathy with the ~all or hlS f~lluws; for with ~i~ private· interest yielded to legislation. His: strong personality pervaded. th-a· Senate Cham­public, and publm office was a. public "t!ust.. , . . ber. Hise clear- convictions,. his earnestness-, his. patriotism, made

As the years went by the spher~ of h.IB ll;Sef~lne.ss a~d o_fJ l:h~ m- themselves felt upon his,associates ... H:e-w.a.s not-a lboker-on, b.ut fiuence gr_ew .. Ra became a le.adfyg man I~ his city, m · his neigh- an actor, an efficient instrument in the administration of govern­borhood, m his.. State, ~d at .I~t:U?- the nation.. mental affairs. Unlike his prede.c.essor~ he did not stand apart

He was th~ lawad..vIS~r of his city: Re w~s more than on-ce.a from responsibility; He Irad the confidence-of the President; he member of his. Sta~ legislaturer andrt.~_ spea~ He was for ID:X participated in the councils of the Cabinet; he helped to shape year~ a memb~ror hlS State sena~, ana ~ :u:resicient. He was tlie and. mold. policies-anddirect events. He ker?t.ahreast of: the: times nomm~e of his_ par.ty; for a seat _m.. tha United States Senate; __ He. and had Providence. so decreed he:- could at any moment have ~ yice-President of the: ITn~ta.d States: . . fu all _thes~.v~rwus taken·upthe task hadthe Pr.esidentbeencompelled tolayitdown. pos1tions of trust he so fiom_ hrms.elf that few could cnt1c1Se, no · rt wa8.J his fortune to live: in stirring: times; to r>articipate in one blame;. and an.must. pr.ais~.. . .. grave events. He beionged to an. Administration that will ma-rk

He was a recogmze<;l _powerp1 hlB church~ Ha was, ben.evolent. a new epoch in American history and shape for good. or ill ou~ and b~neficent, . exercismg, an mfluence for:gooil:- among.?i~h and. future destiny. Of that Administration he was a part. Toward low, nch and poor, to the remotest places to which that.fuflnel!ce the shaping of that destiny he contributed his share.of counsel and reached.: And how many th?se places were only those can ten. to control. He magnified his office. He taught the people to esti­whoi;n his departure came with a; sense of.nei:sonailoss. mate it asiha-estimated it; He taught us.a.lla.lesson.that I doubt

It is not for,~ to penetrate the sacredpre.cmct~ and a~mpt to not will bring results.in.our future history. Herestored.the.Yimr­measure the -void· made there wlie:ra-ha wa;s laved aruI Tovmg· lius- Presid~ncy to the .placa in our: system. that. it lield ill. tlm. system band and fatlier, counselor, and bosom frJ.encf. of the fathers •.

¥r. HOBART'S w.as a well~rounded c'!iaracter. Hew.as a well- .And:sow.hen deathclaimed.hlmalltlrepeople:moumed.hisloss. p01sed man; evenly <;Ievelope? on.. all. Sldes, rem~ably free: fr.om. They said of him as: we say of. him:: He was a; goQd man, a gnod.. faults, and ":'ell eq~ppe!f witli th~ everyday virtues that count citizen a loyal friend oux great Vice-Presid-ent for so much m makmg life liappy for those. around: us. . ' '

But it is the crowning glory ofi Mr. HoBART's fife and that which. makes secure his place in history that during his incumbency of~ the Vice-Presidency of the United States he restorecito·tb:at office its. old-time dignity,: and Ii.onor. lie ga.ve totliis generation. a con~ ception. of that offic.e whicli for many previous generati.uns had faded from the minds of men.

The framers of the Constitution.intended. tlia.ttlie qualifications. for President and for Vice-President should be identical. Tu.as­much as upon the death of the President the Vice-President sue ...

. ceeds him, no reason appeared! to their min<lil why· the candidates for these offices. should not in all respects. oe equals, and so the Constitution yrovided that the electors should: vot.e fo:c two per­sons, and that the one having. the higlie,st number.of votes should be President and. the next in number the V,foe-Pmside-nt. So John Adams was chosen. as the first Vice~Eresident, and. subsequently ']ham.as Jefferson as. the second Vice-President, and both were chosen as- Eresidents upon. the expirati·on.of their respective terms .. Since their day only one single·man has been.chosen President of the United States who. had. previously se:i:ved as Vic.e-Pr.esident, and that was Martin Van Buren. And yet we have learned infour cases-those of Tyler, Fillmore, ~ohnson, an.cr Arthur, who ea.ch. succeeded to the Presidency on the death of the Presiaent-how essential it is. tliat the Vice-President should. be as well equipped for the first ofil.ce as is the man chosen.for the first· office- himself.

The alarm occasioned by the rivalry between Jefferson. and: Aaron Burr in the election. of 1800, when. Burr almo,st succeeded to the Presidency, moved our. fathers . to amend· the Constitution and to provide for the selection of a President as such and a Vice-

Mr. BROSIUS1 .Mr; Speaker--SU: Launcelot, there thou lyest; thou were-never-matched by none earthly"

knight's hands; thoa were.the trnest-f:riend. to thy lover that.ever bestrode a. hm'Se; thou were the- kindest man: that eve-r struck with a.sword.-LaMorte d'Arthur.

The Arabs had! a sa.ying. that- death is a camel that kneels at every man.'s door. Tlii.e expresse,s how common an event it is in the providential order,. as common ancI familiar- as birth;- yet of all natural events-it. produces the most I>rofbund and lasting im­pression upon the mind. This is true even when. it. comes to the humble and undistinguished; much more so when it overtakes those eminent persons who have achieved. honor and· distinctiun in the public service and.occn:py positions of great elevation in the public eye. and.ing.en.eral esteem.

The death of the gifted and great has. always. been and will ever be. a.. solemn, impressive, and imposing circumstance. Its valn:e ih the way of. example, admonition, and instruction is.in proportion to the elevation fr.om which. tha s.ubject. falls to his natural end. It comes to the sur.viYing like a faithful school­master with. the open. book of a clO.sed lifa an.d.assigns the lesson which. we must study 01• lose its teaching. The.fame-of tlie great and noble dead.is among the most enduring and' valuable qf our. :public possession&, and the contemplation_of their example· and them virtues ex:e:rts a,_salutary and. ennobling influence upon, the· living..

It is one of tlie very best of men-an.d there is no higher praise­tliat we contem]>late to-day. It is the universal' estimation, the con­sensus of opinion among those who knew him, that the late Vice-

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1232 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

President, in the essential elements of a well-organized being and the necessary excellencies of a character of the very first rank, had few, if any, superiors. The high success he achieved, the eminence he attained, the perfect character he formed, were not due to. any adventitious aids. Neither birth nor rank nor for­tune smoothed his upward way to the clear-aired heights .he reached and kept. True, he had.the good fortune to be born in a country one of whose glories is that its social formation is not in horizontal strata common in the Old World, through which few ever pass from below upward, but is mobile as the sea, where the lowest drop, winged with merit, may i·ise and glitter on the high­est wave that rolls. .All else was due to principles, qualities, and forces which summed up a strong, interesting, and attractive personality.

If the limits of the occasion permitted, we could easily name the traits which were chief agencies in the development of his splendid_ manhood. Honor, sympathy, courage, and duty were the precious and conspicuous jewels in the crown of his superb character, and we may set them apart to-day and lift them over his new-made grave as the golden texts in the lesson of his life,

Some one has said he had an unusual capacity for winning affection. This was due to his deep human sympathy. He was not deficient in imagination and could place himself in the posi­tion of others and realize their distresses and their needs. His kindness to every human creaturewasproverbial. Hewashappy in promoting the comfort of those who served him. In his business career, which was a conspicuous success, his example if followed would cure two maladies said to afflict our time-the envious hatred of him who suffers want and the selfish forgetfulness of him who lives in affiuence. This problem can be solved by sym­pathy, love, and good will.

There is no sunshine like that of kindness to open those beauti­ful flowers, sympathy, love, hope, and trust, which ought to bloom over the garden walls which separate the rich and the poor. Mr. HOBART was thoroughly imbued with that beautiful sentiment which holds the human family in the bonds of unity and love, "that we are children of the same Father, traveling toward the same home, and hoping to sit down at last at the same banquet, and therefore we should love one another."

So many gods, so many creeds, So many ways so hard to find,

When all this wicked world needs Is just the art of being kind.

Our distinguished friend has been twice ennobled. Death and duty ennoble all men. Devotion to duty was one of his charac­t.eristic traits. Her command to him a "Thus saith the Lord." He was unremitting in his attention to his public engagements. His entire life exemplified the truth that the path of duty is the upward way; that-

Not once or twice in our fair land's story The path of duty was the way to glory.

Our souls should bow before the temple that enshrines the divinity of duty. These superb characters are the rarest fruit of earth, and their surviving countrymen may well cherish the fine vintage of their example for their perpetual refreshment.

The Vice-Presiclent, whom we mourn, was stricken in the midst of his usefulness from the highest public place save one in the

· gift of the people, a position which, despite its elevation, he hon­ored more than it could honor him. The character and relative eminence of the office of Vice-President has been the subject of diverse comment for a hundred years, many people regarding it a.a quite subordinate in consequence and rank. The original consti­tutional mode of selecting the President and Vice-President de­noted the estimation in which the framers of the Constitution held the Vice-Presidential office, and yet some of them and their contemporaries spoke slightingly of that office. John Adams said:

My country has in its wisdom contrived for us the most insignificant office that ever the invention of ma.n contrived or his imagination conceived.

Thomas Jefferson said: It is the only office in the world about which I am unable to decide whether

I had rather have it or not have it. Whatever rank may have been assigned to it at different periods

of our history, it is the glory of its last incumbent that he restored the Vice-Presidency to its true rank, redeemed it from any ob­scurity into which it may have fallen, rescued it from the insig­nificance'in which it came to be regarded by some, and established its title to the dignity and elevation appropriate to the second office in the gift of the American people.

It is thus seen what a beautiful and instructive career has closed on earth. He did not live man's appointed time. The mysterious clock to which Dr. Holmes so beautifully refers, which the angel of life wound up to run three score years and ten, ran down be­fore the lapse of the allotted time. But the bounds which are fixed to the duration of life donotalwaysmeasureits worth. His career, though cut off in the midst of its usefulness, has been a sweet and wholesome example in right living, high thinking, and unselfish service in private and public walks of life, and his fragrant

memory will ever remain an inspiration to those who loved him living and mourn him dead.

The:e is a t:adition t~at among the Seneca Indians a singularly beautiful belief prevailed tha1' when a loved one died if they caught a singing bird and, binding it with messages of lov~ and af­fection, released it over the grave of the departed, it would not fold its wings nor close its eyes untlil it reached the spirit land and deliv­ered the messages to the loved and lost. So may the friends who ~o~rn to-!1-ay bind with messages of love the b~rds that are sing­mg m their hearts songs of homage and affection, and, releasing them at the grave of the departed, may enjoy the solace of believ­ing that they will not fold their wings u~til they reach the spirit land and deliver the messages to the loved and lost,

Mr. RICHARDSON. Mr. Speaker, I did not have the good fortune to enjoy a long and intimate acquaintance with the illus­trious man whose memory and deeds we honor here to-day. Death is a theme not lightly to be mentioned by those who are subject to its power; for the young may die, the old must die, and the wisest of us know not how soon. In the prime of years, in the full strength of manhood apparently,and with short notice, Vice-Presi­dent HOBART was called hence. As already stated, my acquaint­ance with him being limited, I shall not attempt to speak at length in respect to his private character and inner life. I leave these remarks to be made by those who knew him longer and more intimately, We learn that he was born in New Jersey in 1844; that he spent all the years of his busy life in that State; that in early manhood he followed the profession of school-teacher, and later became a lawyer,

The first public office he held was that of attorney for the city of Paterson, where he resided, in 1871. That later he was counsel of the board of freeholders of his county; that he was several times chosen a member of the legislature of his State, serving in both branches thereof, and filling the presidin~ officer's chair in each body. Once when his party was in the mmority in the leg­islature he was voted for as its nominee for the United States Senate. In 1896, at St. Louis, he was nominated for Vice-Presi­dent, and was duly elected in November of that·year. The same month three years later he died.

During the comparatively brief time I have had the honor io occupy a seat in the House of Representatives I have witnessed the death of two incumbents of the Vice-President's chair. The first was that of the highly favored son of Indiana, Hon. Thomas A. Hendricks. He died in November, 1885. While Vice-Presi­dent HOBART had not figured or participated in the public affairs of the nation at large so extensively as had Mr. Hendricks, yet in the narrower field of his State politics he was idolized to the same passionate extent. As there was nothing in the gift of the people of Indiana too good for Mr. Hendricks, so the people of New Jer­sey felt that Mr. HOBART richly deserved their warmest affection and most exalted honors.

In my personal experience in public life I have met but few men more easily approached and more civil and courteous in in­tercourse than was the late Vice-President. I recall well the first time I met him, shortly after he entered upon his duties as pre­siding officer of the Senate. The circumstances of our meeting made it necessary for me to speak to him without the formality of an introduction. I was immediately impressed with his mild manner, his dignified and pleasing address and polite attention. Gifted as he was in these respects, it is not singular or 8trang13 that he was personally popular and was held in such affectionate regard by those who knew him best,

He was blessed with a large estate, which he had amassed by an · active life and successful business methods and management. He was enabled thereby to entertain, and he dispensed his hospitality in an almost lavish manner. This he did not for the mere sake of entertaining, but becauseof his generous and purely hospitable nature and the disposition to give good cheer and contribute to the comfort, happiness, and pleasure of those around him. He was, nevertheless, a man of duty, and rarely failed of success in any undertaking. This was because of his great energy, unflagging industry, good judgment, earnest convictions, and sound common sense. As the presiding officer of the United States Senate he was unusually successful and popular. By many members of that body he was pronounced a model presiding officer. ·

It can be truly said of him that in all the circumstances and conditions of life in which he was placed he bore himself well, and did no act to provoke the unfriendly criticisms of partisan opponents or to mortify a friend. · I had the honor to attend his funeral services at his home, and I shall never forget the impres­siveness of the scene there. It seemed that every man, woman, and child in his home city and, indeed, for miles around came to do him honor and pay a tribute of respect to his memory. There was scarcely standing room in Paterson that day, and all were · moved with pity and sorrow, the highest evidence of sincere and genuine affection for th~ir honored dead. Though ill for many months, we learn he bore his ilfoess with fortitude and quiet resig­nation. He never lost his heart or became impatient. He knew

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1900.· ·CONGRESSIONAL RECORD-HOUSE.

his end was approaching, but he contemplated the fact with that sublime confidence which belongs only to those who rely upon a past life marked by purity of conduct, integrity of action, Chris­tian piety,andreligiousconvictions. The Vice-President iB dead, but his example in public and in private life is left to us all as a priceless heritage. As I close this brief tribute the poet's descrip­tion of how a man should live comes to my mind, for I believe he so lived:

So live that when thy summons comes, · Thou can take thy place with patriarchs, prophets, and the blest, Gone up from every land to people in heaven, And when that mighty caravan which halts one night time In the vale of death ehall stri.ke its white tents for the morning march, Thon shalt mount onward to the eternal hills, Thy feet nnwep.ry and thy strength renewed, Like the strong eagle for his upward flight.

[Mr. GROSVENOR addressed the House. See Appendix.] Mr:PARKER of New Jersey. Mr. Speaker, G.A..RRET A. Ho­

BART was born June 3, 1844, and died November 21, 1899, at the age of 55 years. During this comparatively short life he did well his part as husband and father, as counselor and friend to high and low, at the bar, in the legislature of his native State, in the conduct of great business enterprises, as a leader in politics, and finally as President of the Senate and Vice-President.

His death brought tributes of love, grief, and honor from a nation. The words of the great men in the Senate as to their young President read as if they had lost a Nestor. The speech of a Senator who had been at the head of a great railroad recalls that Mr. HOBART had been the arbitrator of traffic between the railroad systems of the whole country. He says:

No jud'ge ever held office by so precarious a tenure or had to decide more important matters. There can be no more significant tribute to his unfail­ing judgment, ta.ct, and character than the remarkable fact that there was never an appeal from his decisions or complaint of their fairness or justice.

The Senator-from Massachusetts tells us that in two short years "he restored the Vice-Presidency to its proper position, and lifted it up before the people to the dignity and importance which it merits;" that he lifted it out of neglect and misconception, and made himself nart of the Administration as one of the President's friends, advisers, and supporters. · Other Senators say:

"His close attachment for the President was as rare as it was generous and beautiful." · "The Vice-President loved justice. His sense of fairness made him the friend of the people and the people his friend."

"He appeared not to be an ambitious man, but carried wisdom and justice in his bosom, and friendship in his heart; love for his fellow-man and for his country." ·

"As he loved us, so we love and revere his memory." · A close friend, who knew and loved him, has said that it was a peculiarity of Mr. HOBART that he never made a mistake;· that he seemed to know intuitively what to do, and when he once made a friend he never made the mistake of losing that friend.

Governor Roosevelt says: _ With great titular rank he was not supposed to have any active share in

formulating the policy of the Government and helping carry it through. What he did was donelp.ot by force of position, but by force of character, his rare tact, his extraorainary common sense, and the im:pression of sincerity he created upon every man with whom he was brought m contact.

These and like sentiments, said here and elsewhere, are not com­mon utterances, nor made by ordinary men. They speak the love and admiration which our friend's character inspired in all who knew him, and tell us the fact that he was not one of a class of great men, but that his work and character were unique. · His was a rare union of qualities not ordinarily found in one man. He was active, but calm; earnest and judicious; wise, simple, and modest; witty, but never in derision; kind and gentle, yet cour­ageous; a partisan, but absolutely fair; a skillful politician, yet entirely true; severely honest, but never puritanical; sweet as a good woman and strong as a true man, and loved with the affec­tion that we give to each.

One can not paint the rain bow, nor will words depict the blend­ing qualities which make up an arched and rounded character and which shade into each other so imperceptibly that even in looking at the man it can not be seen wher~ one ends and the other begins. His sun is set and the rainbow is gone forever. We can not portray it to those who have not seen it, but we remember its presence as a joyful memory, bringing the world nearer to the sky. He was perhaps most remarkable in that he was always at his best, never failing in instinctive and instant perception as to what should be said or done, and what should be left unsaid or not done. His business energy was wonderful. His letters were always answered and his table clear, and his friends wondered when it was accomplished. He always had the time to see a friend, even when the stress of nations brought perplexity to the wisest.

Those who were with him at St. Louis know how calm he was before his nomination. He had felt the pulse of the politicalsitu­ation so distinctly that he calmly expected his nomination, and said so. Yet when it came, he was forawhile ·as if overwhelmed. He realized instantly the change in his life, the greatness of his

XXXIII-78

new duties and of the place that he had to fill-the stand which must be taken and the responsibility that was upon him. He shrank from public welcomes and retired to the counsels of his own heart. And when he spoke, a single sentence of his brief letter of acceptance rang through the country like a trumpet as he man­:fully proclaimed his belief that a dollar could not be made of "fifty-three cents' worth of silver plus a legislative fiat."

Such a sentence tells of his character more than any description. His simplicity of thought, his "veracity of mind" (as the Senator from Massachusetts terms it), his lightning and enlightening per­ception of facts, his simple statement of the issue, his power to put volumes of financial argument into a phrase, and, above all, bis ,political truth and courage-all these appear written in that sentence as if in the handwriting on the wall. Those who then lived with him know what resolution it took to put and keep that sentence in his letter, how many of the wisest wished to disguise the issue, and what influences he had to meet and conquer. In it is seen, too, his political insight, then, as always, instinctive and unerring. From that moment the nation knew him as a leader.

He was born to be such, for he always dealt with realities and with great issues, and not with little ones. He faced what had to be done. He decided instantly, when others reasoned or doubted, and was never entangled with words or·phrases.

Like all great leaders, he also knew men, and loved them as men, and recognized the best that was in them. He was informed not only by wide experience, but by a universal sympathy with others, that enabled him to know the nrind and heart of the nation.

The office of Vice-P1:esident, carrying with it no official duty except to preside in the Senate, and no power e:x:cept that of the casting vote in case of a tie, gave to him opportunity to bring all branches of the Government closer together. In the century of national life the Senate has grown from 26 to 90 and the House from 65 to over 350, while the details and departments of the work of the Executive and of the courts have grown until this great Government, in its various branches, is hardly to be recogJ,lized as the offspring of the simple assemblage of gentlemen who first met under the Constitution.

Naturallythese branches have grown apart. It was Mr. HOBART'S work to bring each nearer to the other and to the nation. By his loving friendship with the President, by the relations which he maintained with men of all parties in the Senate, by his close affiliation with the HoUBe and with the leaders of national politics, he was enabled to bring each in touch with the other. All con­sulted him and wished to know his opinion. All trusted him. Senate and House, the Executive, the Army and Navy, the judges and the diplomats, were drawn closer together and felt how much he made for mutual confidence and peace.

If dispute threatened a 'deadlock, his advice was sought by men of the most various opinions. His decisions were accepted because he was known to be always true and fair. "He had a perfect gen­ius for friendship." His influence in the senate was almost un­bounded, and yet he never infringed the privileges of that body. His advice was all the more powerful because it was always sought and never obtruded. It will never be known how much the lead­ers relied upon him in the crises that preceded the appeal to arms or how much they recognized his conservatism, courage, and Americanism. ·

Blessed are the peacemakers. But it takes rare wisdom to be a. peacemaker-rare tact and disinterestedness.

When he fell ill, a shock came to us all, a sense of national calamity. His life had crept into that of the nation! We felt bow much we might have to miss him in the reconstruction that follows after war; how much he could do, and how much he could prevent. The nation watched at hi.B bedside, and finally w~pt by his grave.

The President himself has written his touching epitaph: In him the nation has lost one of its most illustrious citizens and-one of its

most faithful servants. His participation in the business life and the law­making body of his native State was marked by unswerving fidelity and by a high order of t.alents and attainments, and his too brief caTeer as Vice­President of the United States and President of the Senate exhibited the loftiest qualities of upright and sagacious statesmanship. In the world of affairs he had few equals among his contemporaries. His yrivate character was gentle and noble. He will long be mourned by his friends as a man of singular purity and attractiveness, whose sweetness of diqposition won all hearts, while his elevated ;\)Urposes, his unbending integrity, and whole­hearted devotion to the public good deserved and acquired universal respect and esteem.

As an American and from his own State, "I will instruct my sorrows to be proud.!' He is one who served his country faith­fully. He died for that country as truly as any soldier in battle, welcoming the work that killed and meeting death without fear as patriot, statesman, and Christian gentleman, the Nation's serv­ant and the People's friend, leaving a memory that is unstained and that best of monuments, the universal affection of the People for whom he worked.

Mr. DOLLIVER. Mr. Speaker, it is not certain that the death of any man ought to be spoken of as untimely, because the world

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1234 CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

in which we live is without meaning or significance of any noble kind if we forget that our times are in the Hand which is upon all things. Yet the death of such a man as GARRET A. HOBART seems to the feeble insight which is granted to us amid the per­plexities and mysteries of human affairs like the squandering of an- estate or the loss of a priceless treasure.

He died in the midst of his labors and his honors, at the very moment of his -largest usefulness in the world. The career of such a man is not an accident~ it illustrates not only the opportu­nities of American life, but tile benevolent working of the.laws under which the progress of society is made sure. There is a doc­trine grown to influence in these days which impeaches the whole framework of society, because it imposes upon all a struggle for existence in which only the fit survive. In order to put an end to such a tragedy, the world is filled with dreams of impossible conditions, in which all shall share alike in the rewards of life. According to the teachings of this school of thought. all who win success under the present condition.of things are reckoned enemies of those who fail; and there are men who, in their eagerness to do away with the battlefields of life, are ready to set mankind on a dead level, in which there shall be-neither failure nor success, but a perfect calm, in which all may enjoy the luxury of a common repose. . It is a sign of unhealthy times when the social and po1itical

philosophy of a race like ours becomes infected with these morbid opinions, for they not only pu11 down the fabric of society which has been slowly builded through the ages, but mak~ any worthy and progressive human institutions impracticable. _

A Senator of the United StateB, famous in the world of bnBiness and politics, in paying tribute to Mr. HOBART'S memory, found an illustration of the probity of his character in ·the success of his work as arbitrator of the Joint Traffic Association. The orator said that every one of the thirty-seven railway man~gers con­cerned had come up from the ranks and had won his way by his own ability. And no one could 1isten to his words without. perceiving in them not only a tribute to GARRET A. HOBART, but a justification of the law of labor, under which the Tictories of life belong to those who win them.

While the world is larger than it was when GARRET A. Ho BART was born, the fear is just as groundless as it was then that the sons of the rich are to drive the sons of the poor out of the race of life. The poor boy is the only boy that has any chance in the world or ever did have. This world will always be governed by the intellectual and moral strength there is in it, and neither the one or the other will ever be possible except under the discipline of hardship and necessity. The hope of mankind to-day lies not in the palaces of luxury and wealth, but in the cottages of the people, about humble family altars, in obscure places where the storms of all skies beat and where the rugged fiber of manhood is made, which is a victor over circumstances, a master of oppor­tunities, a crowned athlete in the games of fortune and achieve­ment.

The ancestors of Mr. HOBART were pioneers in the woods of New Hampshire, so far as the favor of nature is concerned prob­ably the most backward of that marvelous group of communities called New England, which not only nurtured the intellectual life of America, but has sent forth her children to lay the founda­tions of new commonwealths and bequeathed to them the imper­ishable riches of the old homestead.

It may be counted fortunate for Mr. HOBART that he did not enter upon the responsibilities of life without an adequate prep­aration. It may be true, as Thomas Carlyle has said, that "your true university is the collection of books," and that men may ob­tain knowledge without the advantages of other education, but the number of self-educated men who have reached great emi­nence, without the patient ti·aining of the schools, is not suffi­ciently large to mislead the youth of our day. The estimate which General Garfield once gave of the influence of the small colleges of the country compared with the great seats of learning is jUBti:fied by a thoUBand illUBtrations, and by none more com­pletely than by the case of the late Vice-President. At Rutgers College, a struggling institution within easy reach of hiB home, in an atmosphere free from every contagion, surrounded by teachers who entered in to the personal life of the student and kindled within him that love of learning which can not be communicated without the touch of sympathy, he found the exact environment adapted to his case.

The fabulous endowments now steadily flowing to the centers of American culture, new and old, are not to be despised, but the youth of America. ought to be warned against the temptation never absent in circumstances of ease and extravagance, of de­grading the ideals of learning by the parade of material things; and the universities boasting themselves of size without age need to be often reminded of the blasphemy of the imposter in the Acts o.f the Apostles, who thought to buy the gift of God with money.

It is not to be supposed that Mr. HOB.A.RT, graduating at the age of 19, founded his success in life upon what he learned at college,

or even upon what he acquired as a school-teacher and student of of law. Yet, it would be hard to overstate the advantages which a young .man derives from the training of a college course and the arduoUB self-discipline of a school-teaclier. A good teacher gives much to a school, but the schoo1 gives to the teacher even more; so that it is not strange that so many men and women have come from the patient labor of the district .schoolroom into the larger service of their day and generation. Mr. HOBART was in some sense a pioneer of the new professional life which in the larger American cities has abolished the o1d-fashloned attorney and made the new counselor at law a part of tbs industrial and commercial activity of the community. While he had the faculty of plain and direct speech, he was at no time in his career noted as an ad­vocate, nor did he ever pose as a jurist weighed down with the obsolete lore of the profossion.

He had the genius of success. As a student he copied papers and records in the law office which he afterwards owned, and f.or twenty years he-was president of the bank in which he began as a clerk, during the trying period in which he was getting a foot­hold in the world. He was a man of affairs, who understood the law as applied to modern business with perfect accuracy, and whose opinion on practical questions involved in large enterprises soon came to be counted everywhere as sound.

It has been observed by the older judges that the legal profes­sion as it was known to our fathers has been noticeably influenced to the revolutions of the modern business world. The orator who once captivated juries by his persuasive eloquence is hardlv more than a tradition, while the leader of the bar who ·once overawed the courts by the weight of his personal authority no longer finds an appreciative audience outside of the rural circuit. In their places have come experts in the various fields of business enter­prise, shrewd and limited men who have taken the paillB to know· more about a few things than their predecessors ever had time to find out about everything. In such a professional atmosphere the common man is lost, and sinks to a cipher without vital relation to the world at large of any sort, while the profession itself runs the risk .of becoming a mere case-grinding drudgery in which the larger faculties of the mind perish a,ltogether.

Mr. HOBART lived through the perils which beset the corpora­tion lawyer of our times, rising year by year into a broader intel­lectual horizon; and when the American people called him to the second office in their gift, he was able to lock up his law office at Paterson, close the business engagements of a lifetime, and be­come the trusted counselor of all with whom he was associated in the Government of the United States. By his singular foresight he became a man of wealth, yet in his whole career no man ever suspected his integrity 01· disparaged his prosperity. He had the respect of poor and rich alike, and in the city where he lived his name inspired the confidence and affection of all. He gained his wealth in a manly, honest way, and used it while he lived to help and bless the world. Few men have ever exhibited a more symmet­rical life than his. . The thing that struck me most forcibly about him when I first

knew him nearlytwentyyears ago was the fact that though his time was pressed upon by a variety of engagements so innumerable as to encumber and bewilder any but an extraordinary man, yet in the midst of all the cares of business he had time for politics, local and national; time for hiB church, time for his friends, and · time for the :fireside, from which he drew the gentlest inspirations of his laborious life.

My acquaintance with Mr. HOBART began in the summer of 1884, when, as an inexpeI"ienced campaign speaker, I saw much of him at the national headquarters of the committee which managed Mr. Blaine's Presidential canvass. He was one of the extraordi­nary group of young men who were drawn about the person of Mr. Blaine by those remarkable qualities which made him so long the leader of his party, and I speak here to-dav on this mournful occasion because in those years I found in Mr. HOBART a friend whose counsel was always unselfish and whose hand was ever ready in acts of . kindness and good will. In three Presidential campaigns I knew him as a political manager charged with the success of the party to which he was devoted. I saw him day and night in the work of the campaign, and while I have seen the storm of clamor and detraction gather about the heads of those who were associated with him in this party service, the fact that GARRET A. HOBART shared in every responsibility of his associates has always enabled me to feel that the working field of American politics, m­stead of being a corrupt and corrupting thing, is a high arena in which men of character may serve their countrymen without dis­honor or reproach.

Surprise has been expressed by some that this plain man, whose name was comparatively obscure until his party selected him as its candidate for the Vice-Presidency, should have been able to so exalt that office as to bring back the prestige which it bore in the earlier days of the Republic. · To those who knew Mr. HOBART well there is nothing strange tin the fact that his brief service in the chair of the Senate dignified that public station with a new and high distinction. Few men knew more about American

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r

1900. OONGRESSION.AL RECORD-HOUSE. 1235 politics or had studied the public service of the United State_s to a better purpose than he. From the day ha opened his law office in Paterson he was profoundly interested, both in theory and in practice, in the politics of his town, his county, his State, and his country.

Mr. HOBART was a great Vice-President; first, because he be­came easily the master of the duties of that office; and then, so large and generous was the man himself that he brought to the office a personality which attracted at once the consideration of the whole Senate and the whole country. No man ever met him without receiving from him a word of helpfulness and good cheer, and no man ever entered his door without breathing at once the air of a perfect hospitality. His judgment was unerring upon questions involving public or party policy, and the man himself was too great to use a minute of his time in spiteful disparage­ment of other men.

It has been observed as worthy at least of note that the late Vice-President, while he lived, was an adviser and intimate friend of the President; helping him to bear his burdens and giving him with an unselfish motive continual help and guidance in the midst of difficult affairs. It bas been said that no _such relation between the two offices was ever known before, and that with no exception our American Vice-Presidents, though many of them w.ere strong and famous, have spent their influence- in undermining the Ad­ministration of the President or in stupid lamentations over their own neglected and unimportant lot.

If Mr. HOBART was loyal to the President it was not, as some have thought, because he was conscious of any disqualification in himself that would make his own aspirations to the Presidency out of place. It was partl:v at least because, knowing by experi­ence more probably than ·anybody else about the nomination of Presidents and the election of them, he had acquired the wisdom to know that men are not lifted up in the estimation of the world by trying to drag others down; and that the forces which make Presidents of the United States out of men operate on too large a scale to be seriously affected by the gossip of the dinner table or the whispers of the cloakroom.

Therefore, with a sane mind, grateful to his countrymen for the honor they had given him, he set himself to deliver the office of Vice-President from the cheap and petulant influences that have always surrounded it. How well he succeeded all men know, and it is not too much to say that had he lived he would have drawn to himself such a measure of popular enthusiasm that his countrymen would have invited him to step ·from the second chariot into the first. Already his name was spoken with honor in every section of the country. On the day he died, in traveling over the prairies west of the Missouri, I saw upon every schoolhouse the flag at half-mast, and at every nil way station .groups of people talking in subdued voices of the death of Vice-PreSldent HOBART; and wherever the fla.g of the United States is known, even in the ends of the earth, it became the sign of the universal affiiction of his

- countrymen. We come here to-day to add our tribute to his memory. We can not hope by what we say in the least to repair the loss which the nation has sustained in his death. We may not even presume with our faltering words of eulogy to console the broken hearts which have so recently followed him to the grave; we can only commend them to God and the Word of IDs grace.

Mr. DALY of New Jersey. Mr. Speaker, GARRET AUGUSTUS HOBART, Vice-President of the United States, died at half past 8 o'clock on the morning of Tuesday, November 21, 1899, at his home in the city of Paterson, N. J. His death was not unexpected, for Mr. HOBART had made a strong battle for life before the sum­mons came. ' All that medical science and the encouragement of friends could do was exerted in his behalf, but he had to suc­cumb finally to the hand of death.

Few men in the history of this country have grown into such great prominence as Mr. HOBART from the time he became Vice­President of the United States until the day of his death. It was an unusual spectacle to behold, contrasted with the past, a Vice­President of these United States who was close in touch with the molding of the policy of his party, being accorded that considera­tion in the councils of the nation which has seldom been accorded to one occupying the position he did. It can not be said that this recognition grew out of any prominence he had .attained in public life or from any great attainments that he was himself master of; nor can it be said that it was due to any transcendent position he occupied in his chosen profession; but it can be truthfully asserted that it was due to the strong personal character that admitted of his grasping situations with celerity and a power of discrimina­tion in his judgment of men and measures which come to those who by perseverance and aggressiveness have been able to sur­mount obstacles and throw down barriers in order to accomplish the object sought.

Born in comparative obscurity, he possessed "t9 a remarkable degree the energy and determination which have proved the main­spring of success in the lives of all successful men.

He was born in historic Monmouth County, in the month of

June, 1844. Monmouth, whose fields were consecrated toAmeri· can liberty by the blood of patriots at old Monmouth Court-House, nigh unto the very soil that was trodden by such heroes as Wash­ington, Wayne, Lafayette, Knox, Green, Steuben, and a host of others; near where Washington and Lafayette, wrapped in a single cloak, lay down to rest the night before the battle of Mon­mouth Court-House, and near where the brave Mollie Pitcher became famous and went down into history as the "woman cannoneer of Monmouth." With these environments it is little to be wondered at that the late Vice-President, no doubt inspired by his patriotic surroundings, was urged onward to achieve glory in civil life, which finally ended in his becoming the second citi­zen of this great Republic.

Like the majority of the great men of this nation, his early edu­cation was ·obtained in our country's greatest institution-its com­mon schools. He finished his education a.told Rutgers College, graduating in the year 1863, and, as I understand it, soon entered upon the duties of a schoolmaster, finally taking up the study of law and entering the .ranks of that profession, no doubt, when he started out, intending to reach a position that might place him with some of the great legal lights that have made New Jersey famous.

He was not long destined to remain in the ranks of the strug­gling attorney. This was not due to lack of education or legal attainments, but to the fact that be found other pursuits more congenial, and he directed his attention to some of the great in­dustrial interests of New Jersey~ His legal ability must have been of a superior order, for we find that early in his professional career (1871) he became counsel to the manufacturing city of Paterson, and a year later counsel to the board of chosen free- · holders of the county of Passaic. The appointment to these positions indicate that young HOBART was possessed of superior legal ability, for in the exercise of his duties he was compelled to pass upon grave constitutional and municipal questions~ and no one could occupy either position unless a sure and safe legal edu­cation had been acquired.

About this time-1872-he entered the field of politics by being elected a member of the house of assembly for the city of Pater­son. He was reelected in 1873, and in the year 1874.lris rank was such in his party that they honored him with the position of speaker. He ante.red the senate of the State in 1876 and served in that body six years, twice occupying the distinguished position of president of the senate. During aU this time he kept growing in the confidence of the people, and his ability was such that he ranked as one of the leaders of the Republican party in the State, and during this-period, either in the -house of assembly or in the senate, he was associated with and had for his colleagues some of New Jersey's most eminent citizens.

At one time or another there sat with him the distinguished and learned ChanceUor Magill, Chief Justice Magee, of the supreme court of the State, ex-Governor George C. Ludlow, the senior SenatorfromN-ewJersey, WILLIAMJ. SEWELL,.andmy colleague, Mr. GARDNER, of the First Congressional district of the State. Some of these that! have named were then but young men; some of them had not reached middle life, but they have since arisen pre­eminent in my State and in-the nation, and do you wonder that with these surroundings the lamented Vice-President paved the way to ascend the ladder of fame.? His very contact with these men must have further excited his ambition as they moved along side by side in life's struggle.

After he left the senate of New Jersey the bent of his energies was directed in the channel of business enterprise, and I am in­formed that at the time of his death he was interested to the extent of being director in more than sixty companies, banking and busi­ness interests. Re became general manager of the East Jersey W.ater Company, and was president of the Passaic Water Com­pany, the Paterson Railroad Company, and the People's Gas Company. He was director in the First National and Qther banks of Paterson and elsewhere; wa.s director of the New York, Susquehanna and West.ern Railroad, the Lehigh and Huqson Val­ley Hailroad, Barbour Brothers Company, Barbour Flax Spinning Company, the Edison Electric Illuminating Company, and many other large institutions. His connection with these great concerns demonstrated his great financial and business ability, for from struggling corporations he built some of them up, by his perse­verance and the exercise of wisdom and discretion, to be the greatest industries of our State, and through his connection with these institutions he laid the foundation for the building up of the great fortune he left behind.

With all these interests absorbing his time and energies, you would imagine he would lose sight of the people; that he would lose sight of the governmental interests and policies of State and nation; but, nevertheless, he kept in close touch with his party and his party's leaders and the country. Ever genial, ever kind, possessed of a strong magnetism, his party and people sought his advice and counsel, and he maintained that hold upon them that even while occupied with business interests he guided the policy of his party in his State and guided its policy in the nation. The

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1236 -CONGRESSIONAL RECORD-HOUSE. JANUARY 26,

power that he possessed in the great interests of his State would have ma.de some men alTogant, overbearing, and selfish; but never once have I known it to be said of him that his political or his business preferment ever made him lose sight of the fact that he was plain GARRET °A. HOBART. He possessed all the attributes of a leader. He was conciliatory, yet brave; extremely partisan, but generous to a political opponent. His presiding over the Senate and his ever-courteous bearing toward all parties demonstrated his strength of .character, for public history has recorded the fact that the stronger the partisan and the greater the leader the less arbitrary his conduct when called upon to exercise discretion in trying situations. Of course there are exceptions to this rule, but in the main this principle will apply.

I knew Mr. HOBART well. As a member of the senate of the State of New Je1;sey I frequently came in contact with him at the statehouse and had many opportunities to judge of his charac­ter. I do not wonder that when he came to Washington he made the same impression upon those he came in contact with that he did in his own State. Those who knew him well loved him; those who knew him not so well admired him.

The tribute paid Mr. HOBART by his colleagues in the Senate speaks eloquently and forcibly of his fairness in presiding over the deliberations of that body. Grave public questions were in­volved during his occupancy of the chair as presiding officer and it has yet to be said that he ever exercised any arbitrary power or discriminated in favor of one or the other, but treated all alike.

I have never heard Mr. HOBART criticised save for being a par­tisan; but, Mr. Speaker, to my mind that was a tribute, for when a man enters public life he does it through the channels of some political party to which he has become devoted, and if, forsooth, his party err on some given proposition, yet for the good his party has done he remains true, relying upon the conservative element to correct the error when the proper time comes, and not rise and strike it down that upon its ruins might be erected and perpetu­ated another. Such a partisan was Mr. HOBART, and such politi­cal characters live in the hearts of men when party destroyers have passed into oblivion. .

Mr. HOBART'S strict attention to public business, his attention­- to his private interests, and that genial disposition of his nature

which led him to attend to the calls that society made upon him soon undermined the vigorous constitution of which he was pos-

- sessed, so that on the 4th of March, 1899, he with the President and Senator HANNA took themselves to the quiet retreat of Thom­asville, Ga., there to recuperate and build up his physical a'nd nervous condition. It was there that he was first taken seriously ill, and he soon returned to Washington. As. hi!3 sickness pro­gressed he longed for his home by the sea at Long Branch, to be near the scenes of his earliest childhood in the county of his na­tivity, hoping that the ocean's breezes might benefit him and the dreary monotony be relieved by gazing upon the scenes of pleasure of that locality. But relief came not, and I have no doubt as he looked on the waves breaking their .force upon. the shores and calmly receding the thought of the poet was suggested:

Faded wave, joy to thee; Now thy flight and toil are over;

Oh, may my ·departure be Calm as thine, thou ocean rover.

When this sad soul's last jor on earth On the shore of time is driven,

Be its lot like thine on earth, To be lost away in heaven.

He practically spent the entire summer at Long Branch, save for a short trip to Lake Champlain, where he went to join the President. In the early fall he returned to his home in Paterson, 'and there lingered, battling with -disease, until the date I have mentioned, when he departed this life.

No tribute that tongue can pay can be as grand as the tribute paid by the people of his adopted city as he lay in death in Carroll Han~ Public business was. suspended, great manufacturing in­terests closed that thousands in that busy city might join in the manifestations of sorrow that pervaded our entire country. What a scene was that, Mr. Speaker, when the rich and the poor and the great men of our nation were bending their heads in sor­row in the streets of that city, all alike feeling the loss of a great public servant and benefactor. The personality of the man was alike to all; the same sunny smile was for the rich as the poor, and the same cordial greeting was bestowed upon everyone he came in contact with. His generous liberality was appreciated by everyone. . . .

I wish that I had the eloquence to pay that tnbute his memory deserves. By those who knew him he will be fondly spoken of until the last survivor has passed away, and when history shall write him, he shall live as one who loved his country, who loved its institutions and its people. I can not better sµmmarize than to say he lived a true life, and in the language of the great philan­thropist, Horace Greeley, who said, " Whoever seeks to know if his career has been prosperous and brightening from its outset to its close should ask not for broad acres or towering edifices or laden coffers; ask rather, Did he live a true life?"

GARRET HOBART lived a true life, and as he lived a true life, so much greater shall be his reward in the hereafter. In a quiet spot in Ceda.r Lawn Cemetery reposes all that of him was mortal, there to rest until called forth on the resurrection morning to enjoy eternal happiness in the presence of his H,edeemer.

Mr. FOWLER. Mr. Speaker, GARRET A. HOBART still lives, both yonder and here. His soul nourished the hope of immortal­ity, and his life here was so consonant with that hope that his life there will be but an exalted, beautified, and glorified realization of his ideals.

He was a typical man; typical because he illustrated in an almost matchless degree the best of our civilization. During all the ages, in art and architecture, in poetry and philosophy, those only have left permanent influences for the welfare of the human race and have moved the standards of right living onward and upward who typified those ideals that will forever mark their times. GARRET A. HOBART was the highest type of the American citizen of his day. -

In this eager age of weal th gathering, over against the hot haste, in bold relief, stands every virtue; and he who in the midst of the mad rush illustrates those virtues truly typifies all that is best of his time. You wilf search in vain the long list of noble lives ending with the century for a life that more completely and beautifully exemplifies and symbolizes the essential virtues of our civilization than that of HOBART.

Born upon a fari:n, he started lifeat the lowest round of thelad­der of human endeavor, but never missed a step in-its ascent, as the farm boy, the district-school la~, the college student, the teacher, the lawyer, the State i·epresentative, the maµ of stu­pendous business affairs, the ideal Vice-President of the United States.

Is honesty for its own sake one of the essentials of American manhood? GARRET A. HOBART stood for all that that word can suggest; he could not even think dishonestly. He was a stranger to indirection. His plans were great, but as open as the sunlight. His honor was the" finest sense of justice the human mind can frame." He was too broad and generous to cavil over technical­ities; with him implication was as binding as his bond. Intent, not forms of words, determined his action.

Are the boundless burdens of our highly organized society tp be voluntarily .assumed by every true friend of mankind? This was his belief, for he gave his great heart of sympathy and generous hand to every good work. -

If the influence of loyalty to principle and fidelity to duty be sought in its highest development, we need seek no other illus­tration than his life.

No man had a profounder and sweeter sympathy or enjoyed more the fragrance of a friend's heart. His was a friendship which, once pledged, never swerved; weighed well before it trusted, but did not weigh before it served.

Very recently a lifelong companion remarked that if HOBART -happened by any chance to learn that a friend wanted some· thing, he would straightway try to obtain .it for him. When the shadows of life were thickening, and he knew well . that the sun would shine through them no more, he expressed an earnest wish that he might do a kindness for one, who, he said, bad been true to him.

His. was a truly noble life; simple, yet exalted. He made his character by being what he desired to seem.

What essential quality or virtue did he not possess? He was in­stinctively intelligent and profoundly just. He possessed great talents, and his tact was boundless. His judgment was almost unerring and his generosity limitless. His patriotism was calm and unswerving. He was the very soul of honor. He harbored no bitter hatreds; he nursed no relentless animosities. His friend· ship was a devotion. His character was as pure and spotless as a star. . · Hiswasalifeofsunshine,anditcastnosbadows. Wbatcircum­stance, what incident, what event, what endeavor, what achieye­ment, whatp1ivateobligation~ what public duty, what institution, what personal relationship, what human life was not more fortu­nate because the soul of G.A.RRET A. HOBART had touched it? And so he still speaks in ten thousand sweet influences that can know no ending; and, the world will forever be the better because be once lived in it.

His name, reaching down the age of time, Will still throu~h the age of eternity shine Like a star, sa.i.Lmg on through the depths of the blue, On whose brightness we gaze every evening anew.

[Mr. SALMON addressed the House. See Appendix.] Mr. GARDNER of New Jersey. Mr. Speaker, several gentle·

men who desired to contribute something on this occasion having been unavoidably compelled to be absent, I ask unanimous con­sent for general leave to print.

The SPEAKER. The gentleman from New .Tersey asks for general leave to print upon the life and character of the late

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1900. CONGRESSIONAL RECORD-HOUSE. 1237 Vice-President of the United States, Mr. GARRET A. HOBART. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS Is there objection? INTRODUCED.

There was no obj~tion. Under clause 3 of Rule XXII bills resolutions and memorials The resolutions were unanimously agreed to. of the following titles were int~oduc~d and seve~ally referred as Mr. GARDNER of New Jersey. Mr. Speaker, as a further follows: .

mark of respect t_o the memory of the deceased, I move that the By Mr. SHERMAN, from the Committee on Indian Affairs: A

The mo_t10n was agreed to. . tingent expenses of the Indian Department and for fulfilling House do ~ow adJourn. I bill (H. R. 7433) making appropriations for the current and con-

. Accordmgly (at 4 o'clock and 14 mmutes p. m.) the House ad- treaty stipulations with various Indian tribes for the fiscal year JOurned. ending June 30, 1901, and for other purposes-committed to the

EXECUTIVE COMMUNICATIONS, ETC. Under clause 2 of Rule XXIV, the following executive com­

munications were taken from the Speaker's table and referred as follows:

A letter from the Secretary of War, transmitting, with a letter from the Chief of Engineers, report of examination a.nd survey of Waukegan Harbor, Illinois-to the Committee on Rivers and Harbors, and ordered to be printed.

A letter from the Secretary of State, transmitting correspond­ence relating to complain ts of the German Government against certain customs regulations-to the Committee on Ways and Means, and ordered to be printed.

A letter from the assistant clerk of the Court of Claims, trans­mitting a copy of the findings filed by the court in · the case of Marie P. Evans against the United States-to the Committee on War Claims, and ordered to be printed.

REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS.

Under clause 2 of Rule XIII, bills and resolutions of the follow­ing titles were severally reported from committees, delivered to the Clerk, and referred to the several Calendars therein named, as follows:

Mr. MILLER, from the Committee on the Public Lands, to which was referred the bill of the Hons~ (H. R. 955) granting to the State of Kansas the abandoned Fort Hays Military Reserva­tion, in said State, for the purpose of establishing western branches of the Kansas Agricultural College and of the Kansas State Normal School thereon, and for a public park, reported the same without amendment, accompanied by a report (No. 123); which said bill and report were referred to the Committee of the Whole House on the state of the Union.

Mr. DAYTON, from the Committee on Naval Affairs, to which was referred the bill of the House ( H. R. 969) to amend section 5 of an act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion, approved August 14, 1888, reported the same without amendment, accompanied by a report (No. 124); which said bill and report were referred to the House Calendar. '

Mr. WADSWORTH, from the Committee on Agriculture, to which was referred the bill of the House (H. R. 3988) to reorganize and improve the Unitea States Weather Bureau, reported the same with amendment, accompanied by a report (No. 125); which said bill and report were ref erred to the House Calendar,

CHANGE OF REFERENCE. Under clause 2 of Rule XXII, committeesweredischargedfrom

the consideration of bills of the following titles; which were there­u~on referred as follows:

A bill (H. R. 212) for the relief of the owners of the British ship Foscolia and cargo-Committee -on Foreign Affairs discharged, and referred to the Committee on Claims.

A bill (H. R. 527) granting a pension to LucyD. Young-Com­mittee on Invalid Pensions discharged, and referred to the Com­mittee on Pensions.

A bill (H. R. 4571) for the relief of Helen W. Mauck-Commit­tee on Invalid Pensions discharged, and referred to the Commit­tee on Pensions.

A bill (H. R. 7136) for the relief of Michael McLaughlin­Committee on Invalid Pensions discharged, and referred to the Committee on Pensions.

A bill (H. R. 7144) granting an increase of pension to Agnes Capron-Committee on Invalid Pensions discharged, and referred to the Committee on Pensions.

A bill (H. R. 7156) to increase the pension of Juliet C. Nich­ols-Committee on Invalid Pensions discharged, and referred to the Committee on Pensions.

A bill (H. R. 7204) for the relief of William Gregory-Com­mittee on Invalid Pensions discharged, and referred to the Com-mittee on Military Affairs.. .

A bill (H. R. 5308) granting a pension to William Conover­Committee on Pensions discharged, and referred to the Commit­tee on Invalid Pensions.

A bill (H. R. 7135) for the relief of Franklin J. Robbins-Com­mittee on Pensions discharged, and referred to the Committee on Invalid Pensions.

Union Calendar. By Mr. GAYLE: A bill (H. R. 7434) for the erection of a pub­

lic building at Paris, Ky.-to the Committee on Public Buildings and Grounds. .

By Mr. ALLEN of Maine: A bill (H. R. 7435) to provide for the purchase of a site and the erection of a public building thereon at Portland, in the State of Maine-to the Committee on Public Buildings and Grounds.

By Mr. SCUDDER: A bill (H. R. 7436) to fix the compensation and pay of surfmen employed in the Life-Saving Service of the United States-to the Committee on.Interstate and Foreign Com\.. merce.

By Mr. MUDD (by request): A bill (H. R. 7501) for the exten­sion of M street NE.-to the Committee on the District of Colum­bia.

Also (by request): A bill (H. R. 7502) to incorporate the Wesley Heights Railway Company of the District of Columbia-to the Committee on the District of Columbia..

By Mr. SHELDEN: A bill (H. R. 7503) to provide for the con­struction of a revenue cutter for use in St. Marys River, Mich­igan-to the Committee on Interstate and Foreign Commerce.

By Mr. PEARRE: A bill (H. R. 7504) to receive arrearages of taxes due the District of Columbia to July 1, 1898, at 6 per cent per annum in lieu of penalties and costs-to the Committee on the District of Columbia.

By Mr. BINGHAM: A bill (H. R. 7505) appropriating five mil­lions of dollars for the building of public roads in the several States in the U nit.ed States of America-to the Committee on Agri­culture.

By Mr. JENKINS: A joint resolution (H. J. Res. 138) propos­ing an amendment to the Constitution of the United States-to the Committee on the Judiciary.

PRIVATE BILLS AND RESOLUTIONS INTRODUCED. Under clause 1 of Rule XX.II, p1ivate bills and resolutions of

the following titles were introduced and severally referred as follows:

By Mr. ALLEN of Kentucky: A bill (H. R. 7437) for the relief of James N. Curry-to the Committee on Military.Affafrs.

Also, a bill (H. R. 7438) for the relief of Isaac J, Tucker-to the Committee on Military Affairs.

By Mr. ALLEN of Maine: A bill (H. R. 7439) to restore Henry D. Hall to the Revenue-Cutter Service-to the Committee on In­terstate and Foreign Commerce.

By Mr. BARHAM: A bill (H. R. 7440) granting a pension to Henry Dority-to the Committee on Pensions.

By. Mr. BAKER: A bill (H. R. 7441) granting an increase of pension to Mrs. Annie Dulany-to the Committee on Invalid Pen­sions.

By Mr. BELL: A bill (H. R. 7 442) for the relief of A. G. Boone-to the Committee on Claims. -

By Mr. BANKHEAD: A bill (H. R. 7443) for the relief of W. H. Bickerstaff, of Walker County, Ala.-to the Committee on War Claims.

By Mr. BARTHOLDT: A bill (H. R. 7444) to provide for certifi­cates of honorable service to the officers and men of Foster's cavalry battalion, Missouri Volunteers-to the Committee on Mili­tary Affairs.

By Mr. BROSIUS: A bill (H. R. 7445) granting a pension to Emma ·B. Reed-to the Committee on Invalid Pensions. . - By Mr. CARMACK: A bill (H. R. 7446) for the relief of Ellen

Savage, administratrix of T. H. O'Donnell, deceased, late of Shelby County, ·r~nn.-to the Committee on-War Claims.

Also, a bill (H. R 7447) for the relief of the estate of George W. Reeves, deceased, late of Fayette County, Tenn.-to the Com­mittee on War Claims.

Also, a bill (H. R. 7448) for the relief of Finess E. Wirt, of Fay­ette County, Tenn.-to the Committee on War Claims.

Also, a "bill (H. R. 7449) for the relief .of the estate of James Dickenson, deceased, late of Hardeman County, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7450) for the relief of -Arthur P. McKinney, administrator of John F. McKinney, deceased, late of Memphis, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7451) for the relief of estate of Mrs. C. M. Lock, deceased, late of Shelby County, Tenn.-to the Committee on War Claims. ·

Page 19: 1220 CONGRESSIONAL RECORD-HOUSE. 26, - GPO pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa.,

r\238 CONGRESSIONAL RECORD-. ROUSE. . ·- - - ....... .i - .... '

JANUARY ·20,

Also, a bill (H. R. 745~) for the .relief of John Morrison, of Shelby County,-Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7453) 'for the relief of the estate of Leander Black, deceased, late "Of Fayette County, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7454) for the relief of Alfred B. Carter-to the Committee on War Claims.

Also, a bill (H. R. 7455) for the reHef of William J. Bishop, of Fayette County, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7456) for the relief of John A. Farley~ of Fayette Coiinty. Tenn.-to the Committee on War Claims. · Also, a bill (H. R. 7457) for the relief of estate of B. B. Neville,

deceased, of Shelby County, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7458) for the relief of the estate of Henry E. Sills, .of Shelby County, Tenn.-to the Committee on War Claims1

Also, a bill (H. R. 7459) .ior the relief of John l}. Ussery, of Hardeman County, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7460) for the relief of Thomas S. Gallaway, administrator of John H. Mebane, deceased, of Fayette County, Tenn.-to the Committee on W.ar Claims.

Also, a ·bill -(H. R. 7 461). for the relief of Nicolla Malatesta, of Memphis, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7462) for the i·elief of Mrs. W. A. Scott, of Hardeman County, Tenn.-to the Committee on War Claims.

. Also, a bill (H. R. 7463) for the relief of Thomas J. Graves, of Fayette County, Tenn.-to the Committee on War Claiins.

Also, a bill '(H. R. 74.64) for the relief of estate of Caroline Mul­haupt,_ deceased, late of Shelby County, T-enn.,.-to the Committee on War Claims. ~ - · -

Also, a bill (H. R. 7465) for the relief of E. J~ Sullivan, of Fay­ette County, Tenn.-to the Conimittee on War Claims.

Also, a bill -(H. R. 7466) for the relief of Mrs. Sarah E. Norton, _of ::Memphis, Tenn.-to the Committee on War Claims.

Also, a bill (H. R. 7467) for the relief of the estate-of William Parham Butterworth, deceased, late of Fayette County, Tenn.-

. to the Committee on War Claims. ' Also, a bill (H. R. 7468) for- the relief of-the- estate -0f T. P.

Lloyd, deceased, late of Fayette County, Tenn.-to the Commit-tee on War Claims. ·

Also, a bill (H. R. 7469) :for the relief of Dani!31 Butts, of Mos­cow·, Fayette County, Tenn . ....:...to the Committee on War Claims.

Also, a bill (H. R. 7470) for the relief"of the estate of Nancy J. Carr, deceased, late of Shelby County, Tenn.-to the Committee on War Claims. -

Also, a bill .{.H. R. 7471) for the relief of the estate of Andrew B. Conley_, deceased, late of Fayette Cqunty, Tenn.-.to the Com- · mittee on War Claims~

Also, a bill (H. R. 7472) for the relief of Benjamin Hahn, of Fayette County, Tenri.-to the Committee on War Claims.

Also, a bill (H. ·R. 7473) for the re1ief of. Henry M. Green, of - Fayette County; Tenn.-to the Committee on War Claims~

Also, a bill (H. R. 7474} for the relief of F. A. Jones, adminis­.trator of R. S. Jones, deceased, of Shelby County, f'enn.-to the Committee on War Claims. ·

Also, a bill (H. R. 7475) for the relief of E. C. Oakley, adminis­trator of W. H. Neal, deceased~late of Shelby County, Tenu.-to the Committee on War Claims. -

Also, a bill (H. R. 7476) for. t?-e relief of._the estate of . z~no T. Harris, deceased-to the Comnnttee on Claims. .

Also, a bill(H. R. 7477)fortherelief of S •. R .. McAlexa.nder, of Hardeman County, Tenn.-to the Committee on War Claims.

By Mr. CUMMINGS: A bill (H, R. 7478) for the relief of Isaac W. Busey, of Washington, D .. C.-to t~e Committee on C~a!ms.

Also, a bill (H. R. 7479) for the relief of John A. NarJes, of Washington~ D. C.-to the Committee on the District of Columbia.

By Mr. DALZELL: A bill (H. R. 7480) for the relief of the legal representatives of Tomlinson & Hartupee & Co.-to the Com­mittee on ·war Claims.

By Mr. GAINES: A bill (H. R. 7481) for the relief of the heirs of James M. Hinton, deceased=-to the Committee on War Claims.

By ;Mr. GARDNER of Michigan: A bill (H. R. 7482) gr·ariting mcrease of pension to Caroline N. Lovejoy-:-to the Committee on Invalid Pensions.

By .Mr. HENRY of Mississippi: A: bill (H, R, 7483) for the relief _of James T._Ellis, o(Rankin, Qi;mnty, Miss.-to the Committee 01?­War Claims.

By Mr. HAMILTON: A bill (H. R. 7484) granting a pension to John W. Gregory-to the Committee on Invalid Pensions.

Also, a bill (H. R. 7485) for the relief of William E. Keene-to the Committee on Military Affairs. :

Also, a bill (H. R. 7486) granting a pension to G. W, Rqckwell~ to the Committee on Pensions.

By Mr. LONG: A bill (H. R. 7487) granting an increase of pen­sion to Edwin Inscho-to the Committee on Invalid Pensions.

By Mr. McRAE: A bill (H. R. 7488) to pension John C. Ray, to the Committee on Invalid Pensions. ·

Also, a bill (H. R. 7489) to pension Elvira Hunter-to the Com~ mittee on Pensions. - -

By Mr. MOODY of Oregon: A bill (H. R. 7490) for the relief of Margaret C. McKay, widow of the late Dr. William C. McKay, of Oregon-to the Committee on Pensions. _.,

By Mr. NEVILLE: A bill {H. R.-7491) granting a pension to John .Devine, Of Greeley, in the State of Nebrask~to · the Com­mittee on Invalid Pensions.

By Mr. OTEY: A bill (H. R. 7492.) for the relief of Mrs. Piµnie L. Carr-to the Committee on Pensions. · '

By Mr. PEARRE: A bill (H.R. 7493) to compensate LutherM. Cresap, a loyal citizen of Allegany County, 1\Id., for the destruc­tion of a bridge attached to his merchant mill in 1864 wider the orders of.Gen. B. F, Kelley-to the Committee on War Claims.

Also,' a bill (H. R. 7494) for the relief of Ann ·R. Widmayer,. of Washington City, D. C.-to the Committee on Claims.

By Mr.· PARKER of New Jersey: A bill (H. R. 7495) granting an increase of .pension to Richard Holloway-.to the Committee on Inhl.id Pensions. · -

By Mr. PIERCE of Tennessee: A bill (H. R. 7496) for the relief of H. S. Simmons's estate-to the Committee on War Claims.

By: Mr. QUARLES: A bill (H. R. 17497) for the relief of the esta e. of George W. Taylor, deceased,. Augusta County, Va.-to the Committee on War Claims.

By ~fo RUPPERT: A bill (H. R. 7498) for the relief of Augus· tin Walsh1 to the Committee-,on Claims. _ By Mr. SHERMAN: A bill iR R. 7499) ta, remove the charge

of desertion from the military record of Joseph Kennedy~to. the Committee on Military Affairs.

l3y Mr. STEPHENS of Texas: A. bill (H. R. 7500) for the relief James Marr for services as custodian of Fort Hancock-to the Committee on Claims,

·13y.Mr. MORGAN: A . bill (H. R. 7506) for the relief of .TohIJ Martin-to .tlie COmmittee oh Military Affairs.

Also, a bill (H. R. 7507) for the relief of 'John McNaughton-to the Committee on War Cla.gµs.

.Also, a bill (H; R. 7508) granting a pension to Anna M Dam· nierkto the Committee on Invalid Pensions.

By Mr. RAY of New York: A bill (H. R. 7509) granting an honorable discharge to PatricR: Diamond-to the C9mmittee on Military Affa!rs. · . Also, a bill (H., R. 7510). granting a pension to Elizabeth F, Beave.r-to the Committee on lnyalid Pensions.

Also, a-bill (H. R. 7511 ). granting an, increase of pension to Char­lotte.):.oung.s~o _the Committee o~ Invalid J?ensions,

~E~ITIONS, ~TC.

- Under clause 1 of Rule XXII, the following petitions and papers were laid on the Clerk's desk and referred as follows:

By Mr. ACHESON: Resolutions of t.he Manufacturers' Club of Philadelphia, Pa.,, ii;i.dorsing House bill No. 887, to provide for add­ing and completing specimeru? and productions, etc., to b~ exhibited in the Philadelphia museums-to the Committee.on Interstate and Foreigx;i Commerce.

By Mr. BINGHAM: Resolutions of the Ma:Q.ufactnrers' Club of Philadelphia, Pa., urging the enactment of House bill No. 887 and of Senate bill No. 417-to.the ~omniittee on Interstate and Foreign Coi:nmerce. · Also, joint piemorial of the comm.ercial, maritime, and trade bodies of Philadelp~, Pa., urging the estab~ishment of a new light-house at the southern end of the new breakwa~er ·of the national harbor of refuge, entrance of Delaware Bay-to -the Committee on Interstate and Foreign Commerce. , By Mr. BRENNER: Petition of Joseph J. Pater, of Hamilton,

Ohio, for the repeal of the stamp tax on prop-rietary medicines­to the Committee on Ways and Means.

By Mr. BURKETT: Resolution of the Manufacturers' Club of Philadelphia, favoring the passage of House bill No. 887, in-the interest of manufacturing and commercial industries-to the Com· mittee on Interstate and Foreign Commerce.

Also, memorial of South Omaha Live Stock Association, for the removal -of ·the internal-revenue tax on notes and mortgages-tQ the Committee on Ways and Means.

By Mr. CHICKERING: Petition of clerks in the post·office at Watertown, N. Y., asking for the passage of House bill No. 4351, for the classification of clerks in the first and second class pos~ offices-to the Committee.pn the Post-Office and Post-Roads.

By Mr. GRAHAM: Petition of post-office clerks at Allegheny., Pa., favoring the passage of House bill No. 4351, for the reclassi· fication of postal clerks-to the Committee on the Post-Office and Post-Roads.

Also, resolutions of the Manufacturers' Club o~ Philadelphia, Pa., favoring the passag~ of House bill No. 887, for the promotion of exhibits in the Philadelphfa museums-to the Committee on Interstate and Foreign Commerce.

BiMr. GROUT: Petition o.t Rev . . Edw. 'L'. Fairba~ks ;i,nd_ 4B

Page 20: 1220 CONGRESSIONAL RECORD-HOUSE. 26, - GPO pension to Gevert Schutte-to the Committee on Invalid Pensions. By Mr. DALZELL: Resolutions of Manufacturers' Club of Philadelphia, Pa.,

1900. CONGRESSIONAL REOO_RD-_HOUSE. 1239 other citizens of St . . Johnsbury, Vt., for the passage of Senate bill Knightstown Sun, Terre Haute Express, State of Indiana; Roches· No. 34, relating to the prevention of cruelty to animals in the ter Post and Record, Northfield News, State of Minnesota; Mar­District of Columbia-to the Committee on the District of Co- tins burg Democrat, UIJ.ion Watchman, Sutton Democrat. Romney lumbia. Review, Kingwood Argus, Point Pleasant Regfater, of West Vir~

By Mr. HENRY of Mississippi: Paper to accompany House ginia; also Jamestown (N . .Dak.) Alert, Centerville Chronicle, bill relating to the claim of Joseph T. Ems-to the Committee on l\IelletteT.ribune, Huron Hmol)ite, of South Dakota; also Caribou War Claims. (Me.) Republican, Hailey (Idaho) Times; also Ashland Gazette

By :Mr. LATIMER: Resolution of the board of health of the andPortCJintonRepublican,oftheStateofOhio; Eldorado Times city of Charleston, S. C., with reference to yellow feve_r in Habana, and the Wamego Times, State of Kansas, favoring the passage of Cuba-to tbe Committee on Interstate and Foreign Commerce. Hoµse bill No. 5029, relative to the free entry 'Of wood pulp im-

Also, resolution of Branch No. 454, National Association of Let- ported for use in the manufacture of paper-to the Committee on ter Cai-riers, of Charleston, S. C., favoring the passage of Honse Ways and Means. bill No. 4911, to increase the pay of letter carriers-to the Com- ..By :Mr. SPARKMAN: Resolution of the Jack.sonville (Fla.) mittee on the Post-Office and Post-.Roads. , Board of Trade, in favor of the laying of competing cable lines to

By 1\lr. McALEER: Resolutions of the J.:Ianufacturers' Club Cuba.-to the Committee on Insular Affairs. of Philadelphia, Pa., favoring the passage of House bill No. 887, I By' Mr. WADS WORTH: Petition of citizens of the town of for the promotion of exhibits in the Philadelphia museums-to the Orangeville, N .. 'Y., for legislation relating to dairy or food prod· Committee on Interstate and Foreign Commerce. nets-to the Committee on Agriculture.

By Mr. McCALL: Paper to accompany House bill No. 7177, for By Mr. ZIEGLER: Petition of E. L. Eshleman, druggist, ask-the relief of John N. Breed-to the Committee on Invalid Pen- ing for the repeal of the stamp tax upon .proprietary medicines, sions. etc.-to the Committee o.n Ways and Means.

By Mr. ME.RCER: Resolutions of Mannfactm:ers' Club of Phil-adelphia, Pa., indorsing Rouse bill No. 887, to provide for adding to and completing specimens and productions, etc., to be exhibited in the Philadelphia museums-to the Committee on Interstate and Foreign Commerce.

Also, resolution of the Chicago Federation of Labor, with refer­ence to arid lands-to the Committee on the Public Lands.

By Mr. MIERS of Indiana: Petition of ex-soldiers of the war residing in the State of Indiana, in opposition to the passage of House bills 1746and1747, relating to the revision of the pension laws-to the Committee on Invalid Pensions.

By Nr. NEEDHAM: Resolutions of the Chamber of Commerce of San F.rancisco, Cal., in favor of the passage of House bill No. 3988, to reorganize the Weather Bureau-to the Committee on Agriculture.

Also, petition of the railway mail clerks of the State of Califor­nia, Los Angeles Branch, favoring the bill for the reclassification of the Railway Mail Service-to the Committee on the Post-Office and Post-Roads.

Also, resolutions ·of the San Diego, Cal., Chamber of Commerce, relative to the reciprocity interests of the country-to the Com­mittee on Ways and Means.

Also, resolutions· of the San Diego, Cal., Chamber of Commerce, favoring the Nicaragua Canal-to the Committee on Interstate and Foreign Commerce.

Also, resolutions of the San Diego, Cal., Chamber of Commerce, favoring the bill relating to food products-to the Committee on Agriculture. .

Also, resolutions of the San Diego Chamber of Commerce, for an appropriation for the measurement of streams in California and Arizona-to the Committee on Appropriations.

By Mr. NEVILLE: Papers to accompany House bill No. 6915, granting a pension to William C. Wilson-to the Committee on Invalid Pensions.

By Mr. SCUDDER: Petition of patrons of the post-offices at Woodhaven, Ozone Park, and Clarenceville, Stafe of New York, for the establishment of the free-delivery system with the post­office at Jamaica, and opposing House bill No. 3729-to the CQill­mittee on the Post-Office and Post-Roads.

By Mr. SHACKLEFORD: Petitions of.the publishers of the Clay CenterTimes,AshlandClipper,ErieSentinel,ManhattanMercury, Iola Register, Horton Headlight, Ottawa Republican-Times,,Vin­field Courier, Abilene News, Lincoln Sen tin el, Paola Times, Salina Herald, Mound City Torch of Liberty, l\Iarion Headlight, Welling­ton People's Voice, St. Marys Star, Pratt Union, McPherson Opin­ion, Concordia Kansan, Clay Center Dispatch, Emporia Gazette, in the State of Kansas; also Rock Rapids Review, McGregor News, Fort Madison Gem City, Winterset News, Farmington Herald, Cresco Plaindealer, Clinton Advertiser, Fort Madison Democrat, Montezuma. Democrat, Reinbeck Courier, Orange Herald, Mar­shalltown Reflector, Bedford Free Press, Chariton Democrat, Creston America, Boone Democrat, Oelwein Record, Fayette County Union, Grundy Center Democrat, Jackson Sentinel, Inde­pendence Conservative, Spencer Herald, in the State of Iowa; also Marshall Statesman, Monroe Commercial, Fenton Independ­ent, Romeo Observer, Caro Advertiser, Lansing Republican, Ludington Appeal; also Meadville Star, Blairsville Courier, Montrose Republican, Grove City ReC'order, Shippensbm·g News, Shamokin News, Mount Carmel Item, Milford Press; also Sedalia ( l\Io.) Journal; also Mason News, Gonzales Inquirer, Texas; also McMinnville New Era, Columbus Republican, Indiana; also Pied­mont (8. O.) Sun-Herald; also Cape May Star, Trenton Gazette, Pl'1infield Courier-News, Newark Advertiser, Passaic Record, Morristown Express, New Jersey; also Perry Herald and News, Randolph Register, Kingston F.reeman, Poughkeepsie Star, Mid­dletown Times, Johnstown Republican,. State of New York; Rush­ville Graphic, Fort Wayne Journal-Gazette. Union City Eagle,

HOUSE OF REPRESENTATIV.ES. SATURDAY, January 27, 1900.

The House met at 12 o'clock m. Prayer by the Chap1ain, Rev. HENRYN. COUDEN, D. D.

The J aurnal of yesterday's proceedings was read and approved. MILITARY 1IOSPIT.A.L, FORT LE.A. VENWORTH, KA.NS.

Mr. CURTIS. I ask unanimous consent for the present consid­eration of House joint resolution No. 0.

The Clerk read, with the amendments reported by the Commit­tee on Military Affairs,-the jointresolution (H. J. Res. 6) authoriz­ing the Secretary of the Treasury to use 8100,000 of the-appropria­tions for the support of the Regular and Volunteer Army for the fiscal year ending June 30, 1900, for the construction of a modern military hospital at Fort Leavenworth, Kans.

Mr. CURTIS. After the estimates were sent in last year the War Department made a special estimate of $100,000 for the con­struction of a hospital.at Fort Leavenworth, Kans.

The following is the special estimate: TREASURY DEl'ART.ME...~, OFFICE OF THE SECRET.ARY,

Washington, D. C., January 3,.1890. SIR: I have the honor to transmit herewith, for the consideration of Con­

gress, copy of a communication from the Secretary of War, of the 28th ul ti.mo. submitting an estimate of appropriation ($.100,000) for the erection of a mod­ern hospital at ·Fort.Leavenworth, Kans.

Re.spectfully, yours, -0. L . SPAULDING,

The SPEAKER OF THE HOUSE OF REPRESE!!l"TATIVES. .Acting Secretary.

WAR DEP.ART~TT, Washington, December f!B, 189S. SIR: I have the honor to forward herewith, Jor transmission to Congress,

an estimate ($100,000) of appropriation for "Hospital construction," for the erection of a modern .hospital at Fort Leavenworth, Kans., required by the War Department for the .service of theiiscal year ending June 30, 1900.

Very respectfully,

T.J?.6 SEORE4.A.RY OF THE TRE.A.SU:RY. .R. A. ALG~R, Se.creta1-y of War.

Estimates of app1·opriations required for the sei-vice of the fiscal year ending June so, 1900, by the Surgeon-General United States Army.

Hospital construction: For the erection of a modern hospital; for 100 beds, of stone and

brick, at Fort Leavenworth, Kans., including heating, ventilat-ing, plumbing, wiring for electric lights, gas piping, elevator. dynamo, electric motor, bookcases, lockers. closets, mortuary, ambulance shelter, stable, etc. (Submitted)-··------ ··----- - -~· - $100,000 _

N OTE.-In ~xplanation of the fore~oing estimate the following communi­cation of Maj. George H. Torney, Umted States Army, surgeon in charge of the post hospital at Fort Leavenworth, transmitted to ·the War Department through military channels, is respectfully submitted:

UNITED STA.TES ARMY POST HOSPITAL, Fort Leavenworth, Kans., Novembe1· S7, 1893.

Sm: I have respectfully to report that the post hospital now in use at this post is inadequate and of insuffic1en.t capacity for the requil.'ements of the sick of this command.

It is what is known as a 24-bed army hospital, which at this moment con­tains 60 patients. In order to provide space for beds for the additional pa­tients, the storerooms and rooms heretofore used for administrative purposes are being utilized, under many disadvantages.

The dining room and kitchen are, of course, too small for the use of the con­valescent sick and the men of tlm hospital corps, rendering it necessary to serve two separate sittings for each of the three daily meals to seat all the men for whom provision must be made.

When this hospital was constructed, it was intended to provide for the sick of a. coIIUD.all.d numbering between300and 400 men. The command now num­bers nearly 900.men, and will reach over 1,200 when the.regiment is recruited -to its.foll capacity. Its inadequacy is thererore apparent.

At this time it is in need of extensive repairs in the way of repainting, re­flooring, entire chan~e in the plumbing arrangements, involving a large in­crease in the closet accommodation (there being now only one water-closet for each ward), change in the. ventilation, etc., which will involve a large outlay in money without increasing the capacity of the building for the care of the sick.

In view of these facts, and the prospective increase of the number of men in this ~arrison, of the reestablishment of the school of instruction, and of the designation of this post as a place of rendezvous for troops returning from the Tropics for recuI)eration of the health of the men who have been


Recommended