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1900. CONGRESSIONAL RECORD-HOUSE. 823 HOUSE OF REPRESENTATIVES. MESSAGE FROM THE PRESIDENT. MONDAY, January 15, 1900. . A message in writing from the President of the United States was communicated to the House of Representatives by Mr. The HotlBe met at 12 o'clock m. Prayer by the Cha.plain, Rev. PRUDE.N, one of his secretaries. HENRY N. COUDEN, D. D. The J onrnal of the proceedings of Friday, January 12, was read w AR VESSELS ON THE LAKES, and approved. Mr. CLARKE of New Mr. Speaker, I desire to sub· SWEARING IN OF .A. MEMBER. - mit a privileged report from the Committee on Foreign Affairs. The SPEAKER laid before the Honse the following credentials: The SPEAKER. The report will be read. ComioNWEALTH oF KENTucKY, The Clerk read as follows: Fr ankfort, December !S, 1839. The Committee on Forejgn Aiiairs, to whom was referred t.he resolution The undersigned. a board for examining and canvassing the returns of an (H. Res. No. 13) requesting the Secretary of State to furnish information to election held on Monday, the 18th day of December, 1899, for the of the House as to the status of the agreement between the United States and electing a Renresentative to fill a vacancy in the Congress of the Umted Great Britain which prohibits the building of or maintaining of more than a. · States from the Seventh Congressional district of the State of do single war vessel on the Great Lakes, reports the same back mth an amend- certifythat thehighestnumber. of thevotesgivenfor ment, as follows: In line3 strike out the word ureport" and insert in lieu that office, as· certifi.ed to the secretary of state, and IS therefore duly and thereof the word "communicate," and mth the recommendation that the regularly elected for the term Constitution. resolution as amended be adopted. WIL S. PRYOR, Chairman, The original resolution is as follows: WILLIAM T. ELLIS, Member, "Whereas the Secretary of the Navy has decided that contractors owning CHAS. B. POYNTZ, Member, or managing shipyards on the Great Lakes are not eligible to bid for the con- State Boa1·d of Elections Commissioners for the struction of war vessels because of the existence of a prohibitory agreement Commonwealth of Kentucl;y. between the United States and Great Britain: Therefore, be it Attest: C. R. CIDlN.A.UT'l', Secretary State Board of Elections Commissioners. The Hon. June W. Gayle, a Representative-elect from the State of Kentucky, appeared at the bar of the House accompanied by his colleague, Mr. BERRY, of Kentucky. Mr. BERRY. Mr. Speaker, I have the honor to introduce my colleague, Hon. June W. Gayle, a Representative-elect from the Seventh Congressional district of the State of Kentucky. The oath of office was accordingly administered to Mr. Gayle. LE.A. VE TO WITHDRA. W PAPE RS. Leave was granted Mr. MOODY of Oregon to withdraw from the files of the House, without leaving copies, the papers in the case of Wilbur F. Cogswell, Fifty-fourth Congress, no adverse report having been made thereon. URGENT DEFICIENCY BILL, Mr. CANNON. Mr. Speaker, I have a privileged report. By direction of the Committee on Appropriations I report a bill mak- ing appropriations to supply the m·gent deficiencies in the appro- priations of the fiscal year ending J nne 30, 1900, and prior years. The SPEAKER. The gentleman from Illinois presents a priv- ileged report, making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June 30, 1900, . and prior years. Mr. BAILEY of Texas. Mr. Speaker, I reserve all points of order. Mr. PAYNE. I reserve all points of order, Mr. Speaker. The SPEAKER. The gentleman from Texas reserves all points of order. The bill will be ordered to be printed and referred to the Committee of the Whole House on the state of the Union. Mr. CANNON. Mr. Speaker, I desire to give notice that I will ask the Honse to take this bill under consideration to-morrow . morning after the reading of the Journal. COMMITTEE ON REVISION OF THE L.A. WS. Mr. WARNER. Mr. Speaker, by direction of the Committee on the Revision of the Laws I present the following resolution which I send to the Clerk's desk. The Clerk read as follows: Resolved, That the Committee on the Revision of the Laws have leave to sit during the sessions of the House during the Fifty-sixth Congress. The SPEAKER. Unanimous consent is asked for the present consideration of the resolution jll.St read. Is there objection? Mr. RICHARDSON. Mr. Speaker, I observe that quite a number of the committees ask for this privilege, which is unusual. Unless. there is some reason for it I do not think the committee should have this right to sit during the session. - Mr. WARNER. I will say to the gentleman from Tennessee that there is ample reason for this request. We have orie bill containing 596 pages to go over, and it will be absolutely neces- sary to sit during the sessions of the House if we are to get through with the work. · Mr. RICHARDSON. Five hundred and ninety-six pages in one bill? Mr. WARNER. In one bill, to say nothing of the others. Mr. LLOYD. And there is another bill that has nearly 300 pages. So that we have two bills before us at the present time, covering nearly 1,000 pages, that must be carefully investigated, and we have not time to do it unless we sit during the sessions of the House. The SPEAKER. Is there objection tothepresentconsideration of the resolution? [After a pause.] The Chair hears none. The resolution was agreed to. ''Resolved by the House of Representatives, That the Secretary of State be, and he hereby is, requested, if not incompatible mth the public interest, to report to the House the status of the agreement between the United States and Great Brita.in said to probibit the building, arming, or maint.aining of more than a single war vessel on the Great Lakes, such information to in- clude all data. bearing upon the subject now in the possession of the Depart- ment." Mr. BURTON. Mr.Spooker,ifthegentlemanfromNewHamp- shire will permit me, he is doubtless aware of the fact that a full and exhaustive report was filed in December, 1892, upon this very question. Can he state whether other facts have developed since that time which make this resolution necessary? Mr. CLAR.KE of New Hampshire. Mr. Speaker, the Committee have made the resolution broad enough to deal with the entire subject- Mr. BURTON. I only ask the question, Mr. Speaker, because it seems to me that we have passed the inqufry stage in this mat· ter and ought to act. The SPEAKER. Thequestionis onagreeingtotheamendment proposed by the Committee. The amendment was agreed to. The resolution as amended was agreed to. On motion of Mr. CLARKE of New Hampshire, a motion to re· consider the last vote was laid on the table. · CHANGE OF REFERENCE. Mr. GROSVENOR. Mr. Speaker, I am directed by the Com- mittee on the Merchant Marine and Fisheries to report back the bill H. R. 4470, and to ask that it be referred to the Committee on Interstate and Foreign Commerce. - The SPEAKER. The gentleman from Ohio rMr. GROSVENOR l, the chairman of the Committee on the Merchant Marine and Fisli- eries, is directed by that committee to report back to the House the bill H. R. 4470, and to recommend that the same be referred to the Committee on Interstate and Foreign Commerce. Without objection, that order will be made._ There was no objection. SCHOOLS IN THE INDIAN TERRITORY. Mr. STEPHENS of Texas. Mr. Speaker, I ask unanimotlB con· sent to have printed in the RECORD a memorial from white citi· zens of the Indian Territory, requesting Congress to provide an educational system for the Territory, and to make suitable appro· priation therefor. I ask that it may be printed in the RECORD, so that the House may have information upon the subject. - The SPEAKER. The gentleman from Texas [Mr. 'STEPHENS] asks unanimous consent to have printed in the RECORD a mema. rial from citizens of the Indian Territory on the subject of educa- tion. Is there objection? There was no objection. The memorial is as follows: PROCEEDINGS OF THE INDIAN TERRITORY PuBLIC SCHOOLS AsSOOllTION IN CONVENTION ASSIDIBLED AT PURCELL, hm. T., ON THE 2D DAY OF DECEMBER A. D. 1899. RESOLUTIONS. The Inclian Territo:ry Public Schools Association. in convention assembled at Purcell, Ind. T., on the 2d day of December, A. D.1899, adopted the follow· ing resolutions: Be it 1·esolved by the people of the Indian Territory, assembled at the Public Schoo ls Convention at Purcell, lnd. T., That Whereas in every other State and Territory in the United States Congress and the State governments have abundantly provided for a permanent pub- lic·school fund by proceeds arising from sale and rental of vast areas of pub- lic lands; by proceeds of lands and other property and effect.s that may accrue by escheat, and from sale 'of estrays; from unclaimed dividends or distrib- utive shares of the estates of deceased persons; also all grants, gifts, or devises that have been or may hereafter be ma.de to the Government and not otherwise a-ppropriated by the tenure of the grant, gift or devise, and by tlnes in ma_ny instances, wmchcontinuatly add to said permanent fund which
Transcript

1900. CONGRESSIONAL RECORD-HOUSE. 823 HOUSE OF REPRESENTATIVES. MESSAGE FROM THE PRESIDENT.

MONDAY, January 15, 1900. . A message in writing from the President of the United States was communicated to the House of Representatives by Mr.

The HotlBe met at 12 o'clock m. Prayer by the Cha.plain, Rev. PRUDE.N, one of his secretaries. HENRY N. COUDEN, D. D.

The J onrnal of the proceedings of Friday, January 12, was read w AR VESSELS ON THE LAKES, and approved. Mr. CLARKE of New H~psbire. Mr. Speaker, I desire to sub·

SWEARING IN OF .A. MEMBER. - mit a privileged report from the Committee on Foreign Affairs. The SPEAKER laid before the Honse the following credentials: The SPEAKER. The report will be read.

ComioNWEALTH oF KENTucKY, The Clerk read as follows: Frankfort, December !S, 1839. The Committee on Forejgn Aiiairs, to whom was referred t.he resolution

The undersigned. a board for examining and canvassing the returns of an (H. Res. No. 13) requesting the Secretary of State to furnish information to election held on Monday, the 18th day of December, 1899, for the purpos~ of the House as to the status of the agreement between the United States and electing a Renresentative to fill a vacancy in the Congress of the Umted Great Britain which prohibits the building of or maintaining of more than a.

· States from the Seventh Congressional district of the State of Kent~cky, do single war vessel on the Great Lakes, reports the same back mth an amend­certifythat Jnne~.Gaylereceived thehighestnumber. of thevotesgivenfor ment, as follows: In line3 strike out the word ureport" and insert in lieu that office, as· certifi.ed to the secretary of state, and IS therefore duly and thereof the word "communicate," and mth the recommendation that the regularly elected for the term prescribed~tlAe Constitution. resolution as amended be adopted.

WIL S. PRYOR, Chairman, The original resolution is as follows: WILLIAM T. ELLIS, Member, "Whereas the Secretary of the Navy has decided that contractors owning CHAS. B. POYNTZ, Member, or managing shipyards on the Great Lakes are not eligible to bid for the con-

State Boa1·d of Elections Commissioners for the struction of war vessels because of the existence of a prohibitory agreement Commonwealth of Kentucl;y. between the United States and Great Britain: Therefore, be it

Attest: C. R. CIDlN.A.UT'l',

Secretary State Board of Elections Commissioners.

The Hon. June W. Gayle, a Representative-elect from the State of Kentucky, appeared at the bar of the House accompanied by his colleague, Mr. BERRY, of Kentucky.

Mr. BERRY. Mr. Speaker, I have the honor to introduce my colleague, Hon. June W. Gayle, a Representative-elect from the Seventh Congressional district of the State of Kentucky.

The oath of office was accordingly administered to Mr. Gayle. LE.A. VE TO WITHDRA. W PAPE RS.

Leave was granted Mr. MOODY of Oregon to withdraw from the files of the House, without leaving copies, the papers in the case of Wilbur F. Cogswell, Fifty-fourth Congress, no adverse report having been made thereon.

URGENT DEFICIENCY BILL,

Mr. CANNON. Mr. Speaker, I have a privileged report. By direction of the Committee on Appropriations I report a bill mak­ing appropriations to supply the m·gent deficiencies in the appro­priations of the fiscal year ending J nne 30, 1900, and prior years.

The SPEAKER. The gentleman from Illinois presents a priv­ileged report, making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June 30, 1900, .and prior years.

Mr. BAILEY of Texas. Mr. Speaker, I reserve all points of order.

Mr. PAYNE. I reserve all points of order, Mr. Speaker. The SPEAKER. The gentleman from Texas reserves all points

of order. The bill will be ordered to be printed and referred to the Committee of the Whole House on the state of the Union.

Mr. CANNON. Mr. Speaker, I desire to give notice that I will ask the Honse to take this bill under consideration to-morrow

. morning after the reading of the Journal. COMMITTEE ON REVISION OF THE L.A. WS.

Mr. WARNER. Mr. Speaker, by direction of the Committee on the Revision of the Laws I present the following resolution which I send to the Clerk's desk.

The Clerk read as follows: Resolved, That the Committee on the Revision of the Laws have leave to

sit during the sessions of the House during the Fifty-sixth Congress.

The SPEAKER. Unanimous consent is asked for the present consideration of the resolution jll.St read. Is there objection?

Mr. RICHARDSON. Mr. Speaker, I observe that quite a number of the committees ask for this privilege, which is unusual. Unless. there is some reason for it I do not think the committee should have this right to sit during the session. -

Mr. WARNER. I will say to the gentleman from Tennessee that there is ample reason for this request. We have orie bill containing 596 pages to go over, and it will be absolutely neces­sary to sit during the sessions of the House if we are to get through with the work. ·

Mr. RICHARDSON. Five hundred and ninety-six pages in one bill?

Mr. WARNER. In one bill, to say nothing of the others. Mr. LLOYD. And there is another bill that has nearly 300

pages. So that we have two bills before us at the present time, covering nearly 1,000 pages, that must be carefully investigated, and we have not time to do it unless we sit during the sessions of the House.

The SPEAKER. Is there objection tothepresentconsideration of the resolution? [After a pause.] The Chair hears none.

The resolution was agreed to.

''Resolved by the House of Representatives, That the Secretary of State be, and he hereby is, requested, if not incompatible mth the public interest, to report to the House the status of the agreement between the United States and Great Brita.in said to probibit the building, arming, or maint.aining of more than a single war vessel on the Great Lakes, such information to in­clude all data. bearing upon the subject now in the possession of the Depart­ment."

Mr. BURTON. Mr.Spooker,ifthegentlemanfromNewHamp­shire will permit me, he is doubtless aware of the fact that a full and exhaustive report was filed in December, 1892, upon this very question. Can he state whether other facts have developed since that time which make this resolution necessary?

Mr. CLAR.KE of New Hampshire. Mr. Speaker, the Committee have made the resolution broad enough to deal with the entire subject-

Mr. BURTON. I only ask the question, Mr. Speaker, because it seems to me that we have passed the inqufry stage in this mat· ter and ought to act.

The SPEAKER. Thequestionis onagreeingtotheamendment proposed by the Committee.

The amendment was agreed to. The resolution as amended was agreed to. On motion of Mr. CLARKE of New Hampshire, a motion to re·

consider the last vote was laid on the table. · CHANGE OF REFERENCE.

Mr. GROSVENOR. Mr. Speaker, I am directed by the Com­mittee on the Merchant Marine and Fisheries to report back the bill H. R. 4470, and to ask that it be referred to the Committee on Interstate and Foreign Commerce. -

The SPEAKER. The gentleman from Ohio rMr. GROSVENOR l, the chairman of the Committee on the Merchant Marine and Fisli­eries, is directed by that committee to report back to the House the bill H. R. 4470, and to recommend that the same be referred to the Committee on Interstate and Foreign Commerce. Without objection, that order will be made._

There was no objection. SCHOOLS IN THE INDIAN TERRITORY.

Mr. STEPHENS of Texas. Mr. Speaker, I ask unanimotlB con· sent to have printed in the RECORD a memorial from white citi· zens of the Indian Territory, requesting Congress to provide an educational system for the Territory, and to make suitable appro· priation therefor. I ask that it may be printed in the RECORD, so that the House may have information upon the subject. -

The SPEAKER. The gentleman from Texas [Mr. 'STEPHENS] asks unanimous consent to have printed in the RECORD a mema. rial from citizens of the Indian Territory on the subject of educa­tion. Is there objection?

There was no objection. The memorial is as follows:

PROCEEDINGS OF THE INDIAN TERRITORY PuBLIC SCHOOLS AsSOOllTION IN CONVENTION ASSIDIBLED AT PURCELL, hm. T., ON THE 2D DAY OF DECEMBER A. D. 1899.

RESOLUTIONS.

The Inclian Territo:ry Public Schools Association. in convention assembled at Purcell, Ind. T., on the 2d day of December, A. D.1899, adopted the follow· ing resolutions:

Be i t 1·esolved by the people of the Indian Territory, assembled at the Public Schools Convention at Purcell, lnd. T., That

Whereas in every other State and Territory in the United States Congress and the State governments have abundantly provided for a permanent pub­lic·school fund by proceeds arising from sale and rental of vast areas of pub­lic lands; by proceeds of lands and other property and effect.s that may accrue by escheat, and from sale 'of estrays; from unclaimed dividends or distrib­utive shares of the estates of deceased persons; also all grants, gifts, or devises that have been or may hereafter be ma.de to the Government and not otherwise a-ppropriated by the tenure of the grant, gift or devise, and by tlnes in ma_ny instances, wmchcontinuatly add to said permanent fund which

824 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

is invested or loaned and the interest or income each year distributed to I being nothing pertaining to them." Persecuted by such a tvrant. it is no counties or school districts, according to per capita, without regard to the ' wonder that the Pilgrim Fathers were prompt in incor.{lora.ting the other wealth of such county or district, and bemg often sufficient to maintain a theory of government into their organic laws by proclaimmg that the people school in each district several months in each year, unaided by local taxation; are the rightful source of all power. . and - One of those early fathers wrote as follows: "After God had carried ns

Whereas in every other State and Territory in the United States local tax- safely to New England and we had builded our homes, provided necessaries ation may be voted or assessed by the people therein residing on the lands, for our livelihood, reared convenient places for God's worship, and settled and personal property, by a tax on occupation, and a per capita. tax sufficient the civil government, one of the next things we looked and longed after was to maintain public schools from three to ten months m the year; and to advance learning and perpetuate it to our posterity." Thus was the im-

Whereas the United States, on taking charge and control in Cuba, Puerto portance of an intelligent, educated citizenship recognized in the very begin­Rico, and Manila, in the Philippine Islands, have at once and without delay ning of our American governments. If the people were to rule, the people established public schools;free to all residents, and has provided for the must be educated. maintenance ther.eof, s!J.owing ,its C9nfidence anq firm belief in the maxim, "We must educat.e or ~e must perish," exclaimed one of our early patriots, too true to be demed, viz, that mtelligence and virtue are the safeguards of and the echoes of his voice have rolled down through the years, gathering liberty and the bulwark of a free and good government; and that in order to added force and importance with each succeeding generation. establish and maintain a free and stable, good gevernment, the youth mnst Why, it may be asked, did it become so necessary in America to educate be properly educated and able soon to discharge intelligently and virtuously all the people? · . the duties of citizens and fitly handle affairs of state when the army and First. fu a. republican form of government the exercise of the right to navy are withdra~; and . . . . . . vote 4emanded a~ intelligen~ citize:r:iship; n~erous and important political

Whereas there lS now residing m the Indian Terntory fully 200,000 white questions have arisen, and will contmne to arise so long as free government and negro people, not Indians, which number is rapidly mcreasing, and it is exists, which require intelligence on the part of the voter to properly settle. no longer questwned that these people will remain and be a. permanent part As every citizen is alike affected by the legislation and policies of the gov­of the population; and · ernment, it may be truthfully said that the welfare of every individual de-

Whereas Congress has the government and control of the Indian Territory, pends, in some degree, npon the degree of intelligence or education possessed and especially of the white and negro people residlng therein. and there is by the voter. It has been and should continue to be the policy of our Gov­no permanent school fund to assist in maintaining public schools in the Ter- ernment to increase and multiply the number of intelligent, educated citi· ritory; no provision or authority at all for establishing and maintaining pub- zens, so that they may be able to overcome the influence of those electors lie schools m the country districts; little or no real estate taxable for years who are too often misguided by prejudice or ignorance. to come; a peo.Ple poor in wealth, whose children are growing up in ignorance, Second. Our Constitution makes it the dnty of every citizen, between cer­and too often m crime; whose cities and towns have no school houses or ap- ta.in ages, to bear arms in defense of his country in time of war, and I need paratus, and are handicapped by imperfect laws borrowed by job lot, regard- only to refer to the events of our late war with Spain to prove the superi­less of applicability to conditions here: Therefore. be it ority of an educated soldiery, inspired by feelings of patriotism, over the

Resolved, That we petition Congress for Federal aid to be ~anted at once; standing armies of other nations, composed of ignorant or mercenary men, that in lieu of land grants made to other States and Territories a certain and who are mere hirelings. specific snm be appropriated each year, or for a number of years, to be dis- Third. The right and dnty which the State imposes npon its citizens to act tributed to districts or communities per capita of persons between the ages as jurors is a serious, solemn obligation which demands an intelligent citizen­of 6 and 21 years; that a more widely extended system of public schools be ship,.. Your property, your reputation, your life may be placed in the hands established-one that will reach all the children in town and country of school of your neighbor who is summoned to sit in the jury box, and you have the age. right to demand that he possess that degree of intelligence neCQ.Ssary to ena-

We are living here. Our children ar~owing np to manhood and woman- ble him to carefully weigh the evidence and form his conclusions in accord­bood and are anxious to be educated. We earnestly desire that they shall be a.nee with right and justice. intelligent and virtuous and make good, nsefnl, and respected American citi- Fourth. The ri~ht to hold office is another prerogative of the citizen, and zens. We are trying to help ourselves and are willing to be taxed, but ask whether the position is a minor or important one some degree of education and believe that we are entitled to that or its equivalent accorded the people is necessary in order to enable the official to properly perform the duties in other States and Territories. We believe that if Federal aid is given us in imposed upon him. The rights of the people are never secure in the hands a substantial and liberal way at once, crime will rapidly lessen and a great of ignorant officials. Designing and unscrupulous men stand ever ready to saving result in expenses of administering the criminal courts here. misguide or corrupt the ignorant and the weak, and the politician who can

In the cities and towns nnder the Curtis Act the highest aggregate rate of not convert the thinking man with arguments too often endea.vm·s to influ­taxation is 2 per cent for all purposes whatever. The real estate is not tax- ence the ignorant with his nnsc.rupulous appeals to prejudice and passion. able and can be only to a very limited extent for years to come. Theim- There are some of the solemn, responsible duties which our Government provements, in most instances, are not of a valuable or substantial nature, as has imposed upon its citizens. and in the exercise of these duties the General most people have been unwilling to risk valuable buildings on lands belong- Government has constantly urged the necessity of an educated, intelligent ing to an Indian tribe. It follows, therefore, that the bnlk of the taxes must citizenship. But we hear it rumored that the Government can do nothing of necessity be raised for running the city government, public schools, keep- for the education of its future citizens whose lots have been cast in the Indian ing the streets in order, maintaining fire protection-a most difficult and Territory. Let us hope that that will not be the serious, final decision of the costly problem here-providing for waterwo1·ks and sewerage, by a tax powers that be, when their attention is properly called to the conditions that strictly on personal property. The bnlk of this is in form of stocks of mer- really exist in this land. Last week I had occasion to drive 35 miles from a chandise. certain railroad station in this Territory. On the way I passed through two

Under the Indian laws now being enforced by the United States Govern- villages and one well-settled farroingcommnnity, and nowhere in all that long ment all business men are required to pay a tax of 1 per cent or more on drive did I find a school of any kind. Within a radius of 2 miles from each capital invested. The law is, in fact, more onerous, as it is 1 per cent on every of these villages could be found about 100 children, growing np in absolute invoice of t?OOds handled; bnt the Indians exact it only on the capital in- ignorance. Perhaps it is needless for me to say that they were a.11 whit.0 vested and Uncle Sam winks, so to speak, at this liberal ( ?) concession. children, for the children of Indian blood have been provided with some edn-

The Indian governments in some nations require each non-citizen over the cations.I facilities. Those little boys, who are now walking the streets of age ofl8 years to pay 1 each year and a tax on horses and cattle and mnch other those villages or wandering aimlessly through the surrounding woods will property where a family has more than two of a kind. As there are no laws sooner or later be called npon by the Government to perform the solemn for working the roads in the conn try leading to and from the towns, there is duties of citizenship which 1 have already enumerated. · virtually a tax on business men of the town for the purpose of building and Can the Government safely deem it a matter of indifference whether those repairing the roads, bridges, etc., to encourage trade with the towns, and all boys are being proP,erly fitted and trained for the performance of the impor­towns act accordingly. The Indian governments do not provide for these tant trusts? Will it not endanger the well-being of the community in which matters at all. Therefore the business man figures, and rightfully, that he such an array of future citizens is allowed to grow up in ignorance? "Ignor­sta.rts out with almost a 2 per cent tax before the city government gets hold ance breeds crime," we often hear it said, and does not the Government find of him. that crime is already too prevalent in this section of the country? I had occa-

We find onr right to issne bonds in cities or towns for the purpose of build- sion some weeks ago to show a Government official from Washington city ing schoolhouses, etc., is doubtful, if not entirely denied, and ask a special some of the sights in and around Muskogee, and among other places of inter­law authorizing such bonds to be issued. est he visited the jail, where 250 men, accused of various crimes, were closely

We believe the children living in the Indian Territorr, in the heart of the packed in a building not large enough to properly accommodate more than United St.ates, are entitled toatleastasmuch consideration as those in Cnba, half that number. These unfortunate prisoners were projecting their heads Puerto Rico, and Manila, and earnestly ask Congress to a.ct promptly in their through every available space in the doors and windows of the building, each behalf. one struggling to get a breath of pure air. As the visitor gazed uvon that

Respectfully submitted. crowd, he exclaimed, "My God I I never expected to see snch a sight as this H. C. POTTERF. anywhere in America." Sixty thousand dollars was appropriatetl by our L. M. LOGAN. la.st Congress for building new jails in the Territory, but not one penny for G. W. GOODWIN. building new schoolhouses. J. W. HOCKER. The Government is compelled to annually spend many thousands of dol-G. M. SNIDER. la.rs for catching and convicting criminals in the Territory, but it does not

R Z d Th tth f · · 1 t• t th •th th dd f H expend one dollar in the prevention of crime. eso ve • a e oregomgreso n ions, oge er wi ea resso on. But it is said that some learned Congressman claims that the Government John D. Benedict, delivered before the association, be printed, and that can not legally come to the rescue of the unfortunate white people of the copies of the same be sent to individual Congressmen of the United States and to the Committees on Indlan Affairs of both the Senate and iffouse of Territory. Our Government has in the yea.rs v.ast donated over V>,000,000 Representatives of the United States, with special request that the same be acres of land to the various colleges and universities of the country for the presented to Congress and the resolutions :and address printed in the CON- education of white college students, and the student of civil government will GRE PION.AL RECORD, to the end that Congress may be made acquainted with search in vain for any provision of our organic law which authorizes Con­the lamentable conditions existing in the Indian Territory, as set forth in ~ress to appropriate vast tracts of land while prom biting it from appropriat­said resolutions and address. mg money for the education of any class of its citizens. But we hear that

some shrewd Congressman says "that it would be establishing a bad prece­dent to appropriate money for the education of the white children of the Territory; that the State or the Territory, and not the General Government, should provide the funds for establishing and maintaining free schools. 11

NEED OF EDUCATION.

[Address delivered by Hon. John D. Benedict, superintendent of schools, be­fore the Public SchoolS Association at Purcell December 2, 1899.]

Generally speaking, there are two theories of government. The first is that in whlch all power is vested in the crown or monarch· the second is that in which all power is vested in the people and is exercised through representa­tives chosen by them.

Under the old monarchical fo1·m of government the people were considered as vassals or slaves, and the peace and permanence of the government de­pended largely upon the ability of the rulers to keep their subjects in igno­rance. Education was not general, bnt was limited to the select few who were chosen to carry out the wishes of the of the king. When Charles I, who was King of England at the time of our earliest settlements in Massachusetts and Connecticut, stood npon the scaffold, senteD.ced to death by the English Par­liament, it is said that in his dying breath he declared that the "people's right was only to have their life and property, a. share in the Government

Webster says that" a precedent is something done or said that may au­thorize a similar subsequent act. 11 So, Mr. Congressman, you need not fear the establishment of a vexations precedent here, for nowhere else within the limits of our great conn try are the conditions "similar" to those now existing in this Territory.

Yon, Mr. Congressman, your associates, and predecessors are responsible for these existing conditions. You created them, and is it possible that you now propose to turn a. deaf ear to the appeals of 200,000 white_ people who now reside in the Territory? Let us hope that some means will be devised by which the pall of ignorance which now enshrouds these ~ople may be removed. The Indians of the Territory are fairly supplied with educational fnnds and facilities, bnt no part of their school fnnds can be nsed for the education of the white children of the Territory, and they are nontaxable.

The Government should sacredly keep its treaties and obligations with the

/ 1900. .CONGRESSIONAL RECORD-HOUSE. 825 various Indian nations, bnt in doing so it need not necessarily ignore the rights and the needs of the white people. This Territory is peculiarly the home of the Inman. But the white man has been lawfully admitted here. He has paid his license to transact business here. He 'has builded homes and cities and developed farms, and they have vastly enhanced the Indian's allot­ments. He has built railroads, schoolhouses, churches. erected hotels and business houses. He has created a market for the native products, and if he proves true to his Anglo-Saxon characteristics he is here to stay. Since he has been admitted a~ a neighbor to the Indian, far better be it for the Indian to have him educated. An educated, intelligent white pov.ulation can be of great benefit to the Indian, but an ignorant, degraded white man is the In­dian's worst enemy.

The American common school is the greatest civilizing force in our midst. Follow the history, growth, and development of any State in the Union, and you will find that as fast as the free school ha.s been reared upon its borders pillage and lawlessness have been crowded without. Not until the common school had gotten well established in Texas was it considered a safe place for a decent man to live. As fast as the little red schoolhouse appeared upon the hilltops and in the valleys of Kansas lawlessness, danger to life and property, disappeared. About a year ago I had occasion to visit the town of Holbrook, Ariz., a place once noted for its everyday crimes. While waiting for a train I sat upon a dry-goods box: in front of a store which faced the principal street of the town, engaged in conversation with one of the old pioneers of the place. He told me of the times, not many years ago, when it seemed almost worth a man's life to walk the streets of the town beneath the midday sun. Many a time, he declared, he had seen wild, reckless cowboyH gallop down the street, firing their revolvers right and left at everything in sight. Now all this is changed, and Holbrook is as quiet and orderly as the average West­ern town. "What, in your opinion, has been the cause of this change for the better?" I asked. "Didn't you hear that school bell ring a.round the corner there? That's it," he replied.

In my recent report to Washington, in referring to this sad condition of the white settlers, I used this language: "Congress ought to be induced to give this matter serious consideration, for conditions here are serious and anomalous. It can not be claimed that Congress would be establishing a dangerous precedent by affording relief to the residents of the Territory, for no other portion of the United States presents circumstances and condi­tions similar to those existing here. The jails of the Territory are filled to overflowing, and the Government is being urged to build more jails and penitentiaries. Let Congress make it possible to establish free schools in every town and township in the Territory, and crime and criminals will be-copie less expensive to the Government. · · The honorable Commissioner of Indian Affairs and Secretary of the Interior in their annual reports have urged Congressional action in this matter, but our Congressmen, in the midst of their multifa1ious duties, seldom have time to read and consider these reports.

I fear that not until the people cry a.loud in the midst of their distress will relief come in any form.

As I look about over this lovely land. and see the numerous little cities and villages heroically struggling to establish free schools, my heart goes out in sympathy for them. If they could issue bonds with which to build school­houses, and could levy taxes upon real estate with which to maintain schools, as is customary in the States, they would scorn the idea. of seeking aid from any outside source. But these things are impossible under present con­ditions. What, then, can be done?

First. There should be such an educational awakening aroused as will enlist the active interest of every parent in the Territory in the education of his children. Many are too careless and indifferent concerning the welfare of their children. Hundreds of boys are now aimlessly roaming the streets and woods, girls are being reared in indolence and ignorance, who might. even now, by proper exertion on the part of their parents, be in attendance at some good school. Every parent should be thoroui:thlyimpressed with the fact that it is a. burning shame and an everlasting disgrace to bring up a. child in ignorance, where, by any possible means, that child could be given any educational privileges or advantages. Prosperous and public-spirited men throughout the Territory should be encouraged and urged to contribute their means a.nd their influence toward helping those who are helpless, and toward stirring up those who are indifferent.

Second. As to how Congress can be induced to come to our aid, it seems to me, can be answered in the words, organize, agitate. There ought to be such a. united, determined appeal go up to Washington as will attract the attention of every member of Congress. Every city, village, and neighborhood in the Territory should organize, and every man and woman who is }!E'.rsonally a.c­quainted with a Congressman should write him a. letter, describing existing conditions here. Every person who has a friend or relative back in the States who knows a. Congressman should ask that friend or relative to appeal to such Congressman to lend his influence and his vote in support of this be­neficent movement.

Congress is already being urged to estahlish public schools in Cuba, Puerto Rico, and the far-away Philippines, and it will doubtles8 do it, for we all well know that. no ~ther age!J.CY can so thoroughly civiliz~, enlighten, transform, and Amencamze those IBlands of the sea as the public school, and not untU the American common school is thoroughly established there can order be restored or standing armies be dispensed with. If Congress is under obliga­tion to provide free education in these far-a.way islands, whose civilization is foreign to ours, and who are not bound to us by any ties of race, history, tra­dition, or consang'llinity, how much greater is its obligation to come to the relief of those in this •rerritory who are of our own blood, and who are enti­tled to every right, privilege, and prerogative of an American citizenship.

In the language of one of our old educational writers, "J..et pride of mili­tary glory belong to foreign nations. Let the refined corruptions of the Old World attract the traveler to its splendid capitals. Let a. fervid sun ripen for other countries the luxuries of a. tropical clime, but let the schoolhouse and the church continue to be the boast of the American village. Let the American boy, whithersoever he may wander, leave that behind him which shall make him homesick for his native land. Let .freedom and knowled"'e and morals and religion, as they are our birthright, continue to be the birt'h­right of our children as long as time shall endure." .

I, William H. Walker, secretary of the Indian Territory Pnblic School As­sociation, do hereby certify that the foregoing is a. true and correct copy of .the resolutions adopted by the association and the address delivered by Hon. John D. Benedict at the convention assembled a.t Purcell, Ind. T., the 2d day of December, A. D. 1899.

AUest: W. H. WALKE.R, Secretary.

H. M. BUTLER, President of Indian Ten·itory

Public School Association. GEORGE JENISON,

Mr. BULL. Mr. Speaker, I am directed by the Committee on Accounts to present the following resolution and accompanying report and to ask for the immediate consideration of it.

The SPEAKER. The gentleman from Rhode Island [Mr. BULL], chairman of the Committee on Accounts, presents the following privileged report and asks for its immediate considera­tion. The Clerk will read.

The Clerk read as follows: Resolved, That George Jenison be continued as special messenger to serve

in and a.bout the House, under the direction of the Doorkeeper, a.t the same salary of 100 per month, to be paid out of the contingentfund, from January 4, 1900, until otherwise provided for.

The Committee on Accounts. to whom was referred House resolution No. 9, directing t.hat George Jenison be continued as special mP.ssenger to serve in and a.bout the House, under the direction of the Doorkeeper, at the same sala.ryof $100 per month, to be paid out of the contiugentfund,from January 4, 1900, until otherwise provided for, have had the same under consideration, and beg leave to report as follows: - ·

Mr. Jenison has been employed as a special messenger in and about the House since the Fifty-second Congress, under authoritv of resolutions identi­cal in terms with the one herewith reported. Such resolutions have author­ized payment out of the contingent fund of the House until otherwise pro­vided for. Payment out of the contingent fund ceased at the expiration of a session, and further provision for Mr. Jenison's employment and compensa­

. tion was made either in the general deficiency bill or the legislative bill. The latter bill for the current fiscal year contains a. provision which carried Mr. Jenison on the roll until the 4th day of January, 1900. The accompanying resolution continues his employment from that date. The resolution is re· ported favorably and its adoption recommended.

The resolution was agreed to. On motion of Mr. BULL, a. motion to reconsider the last vote

was laid on the table.

DIS~RICT OF COLUMBIA BUSINESS. Mr. BABCOCK. Mr. Speaker-The SPEAKER. The gentleman from Wisconsin fMr. BAB­

COCK], chairman of the Committee on the District of Columbia, is recognized.

Mr. GROSVENOR. I ask the gentleman from Wisconsin to yield to me for a moment to make a request for unanimous consent.

Mr. BABCOCK. I yield to the gentleman from Ohio. The SPEAKER. 'fhe .Chair understands the gentleman from

Wisconsin to withhold the demand for the regular order for a moment. The gentleman from Ohio. .

EULOGIES ON THE LATE REPRESENTATIVE DANFORD.

Mr. GROSVENOR. Mr. Speaker, I ask tinanim.ousconsentthat Friday next, from 1 o'clock in the afternoon, be set apart for eulo­gies upon the late LORENZO DANFORD, a member of Congress from Ohio.

The SPEAK.ER. The gentleman from Ohio [Mr. GROSVENOR] · asks unanimous consent that Friday next, commencing at 1 o'clock, be set apart for eulogies on the life and services of the late Mr. DANFORD, of Ohio. · Is there objection?

Mr. RICHARDSON. Mr. Speaker, I nnderstand the gentle-man to ask for Friday. ·

Mr. GROSVENOR. Yes. Mr. RICHARDSON. Under the rules every Friday is specially

dedicated to certain work reported by the Committee on Claims and the Committee on War Claims, and I submit that the gentle­man ought to take some other day than Friday. We have plenty of days other than Friday, to the setting apart of which no one will make objection.

Mr. GROSVENOR. Mr. Speaker, I understand there is nothing from that committee ready for action • .

Several MEMBERS. Oh, yes. Mr. RICHARDSON. I understand there is. Some gentlemen

on this side told me this morning that there was business from that committee which was ready. My colleague [Mr. Sms], a member of that committee, sits in front of me, and he can state whether it is true or not. ·

Mr. GROSVENOR. I will change my request, then, Mr. Speaker, and ask that Saturday be set apart.

The SPEAKER. The gentleman from Ohio amends his request and asks that Saturday next, commencing at 1 o'clock, be Bet apart for eulogies on the life and character of the late Mr. DAN­FORD, of Ohio. Is there objection?

There was no objection.

EULOGIES ON THE LATE REPRESENTATIVE BAIRD. Mr. ROBERTSON of Louisiana. I ask that Saturday, the 27th

instant, commencing at 1 o'clock, be set apart for eulogies upon the Hon. SAMUEL T. BAIRD, late a Representative from Louisiana.

The SPEAKER. The gentleman from Louisiana [Mr. ROBERT­SON] asks unanimous consent that Saturday, the 27th, commenc­Mig at 1 o'clock, be set apart for eulogies upon the late Mr. BAIRD, of Louisiana. Is there objection?

There was no objection.

RIGHTS OF AqENS IN DISTRICT OF COLUMBIA. Mr. BABCOCK. Mr. Speaker, I ask consideration of the bill

(H. R. 5297) to amend the act entitled "An act to better define and regulate the rights .of aliens to hold and own real estate in the Territories," approved March 2, 1897.

826 CONGRESSIONAii RECORD-HOUSE. JANU'ARY 15,

The bill was read, as follows: again.st it, because there is not a single instance where Congress Be i t enacted, etc. , That the act entitled "An act to better define and regu- has failed to relieve an alien where application has been made for

late the rights of aliens to hold and own real estate in the Territories," ap- relief, and it takes considerable time to do so. The Attorney­proved March 2, 1897. be, and the same is hereby, amended so as to extend to General of the United States has never enforced the rights of ths aliens the same privileges concerning the acquisitio~ holding, owning, and U "t d St te disposition of real estate in the District of Columbia as by that act a't"e con- Ill e a s. !erred upon them in respect of real estate in the Territories of the United Mr. HEPBURN. Why? State . Mr. WM. ALDEN SMITH. Will the gentleman state whether

SEO. 2. That all laws and parts of laws so far as they confiictwith the pro· he considers the situation analogous between the Territories and visions of this act are hereby repealed. the District of Columbia?

Mr. BABCOCK. Mr. Speaker, I yield to the gentleman from Mr. JENKINS. I do not see any reason, I will say in answer Wisconsin fMr JENKINS] who reported the bill. to the gentleman, why a man can not own property in the District

Mr. JEN&:INS. Mr. Speaker, this bill was brought totheatten- of Columbia just as well as he can in any State of the Union or tion of the House of Representatives by the Commissioners of the in one of the TelTitories of the United States, without reference District of Columbia. They were of the belief that two useful to citizenship. purposes would be served by the passage of this bill, one of which Mr. BABCOCK. I want to say to -the g~ntleman from Michi­was to bring the present law in accordance with the spirit of the gan that the law in the Territories never applied to any town age and allow aliens to hold lands in the District of Columbia. lots in any of the cities or villages of the Tenitories. When we The other was to save much valuable time in Congress. speak of the Territorial law, the intention of Congress in 1897 was

Mr. LLOYD. I raise the point of order that we have no order. · to prevent large ownership. Mr. JENKINS. Almost every week- Mr. WM. ALDEN SMITH. But, as I und~rstandit, this propo­The SPEAKER. The ·chair asks for ordei·, so that members sition was to permit an alien to own any class of property that he

may understand what is being said. could acquire. Mr. JENKINS. Almosteveryweek,Mr. Speaker, the attention Mr. JENKINS. Yea, sir· by purchase or inheritance.

of the Committee on the District of Columbia, and in consequence Mr. WM. ALDEN SMITH. Will not tliis elaborate the old rule thereof the attention of the House, is invited to the claims of as it applies in the Territories? , parties seeking relief from the present law; and the Attorney- Mr. JENKINS. Not at all; it simply applies the laws of the General of the United States informs us that there never has been Territories to the District of Columbia~ a single enforcement of the law of escheat in the District of Co- By an act of Congress of 1801 the laws of the State of Virginia lumbia, but that Congress has always been willing to afford relief and of Maryland were continued in force in those parts, respec­to every alien that has come here and asked for it. · tively, of the District of Columbia as had been ceded by each of

The sole purpose of the bill istoplacealienownersbipin the Dis- those States to the General Government (act of February 27, 1801, trict of Columbia on the same legal basis as it exists in the Territo- section 1, 2 Statutes, 103, 104).

_ ries of the United States. I have carefully examined and brought As by act of July9,1846 (9 Statutes, 35),PresidentPolk, byproc-together the laws on the subject, and will ask unanimous con- lamation of September 7, 1846, declared this act of full force as a sent to have them submitted as a part of my remarks at this time. result of the vote of the people of Alexandria. County (9 Statutes,

Mr. RAY of New York. Under this amendment to the Terri- 1000). Congress i-etroceded to Virginia all of that portion of the torial laws will it permit any alien to purchase, own, and hold District of Columbia which had been previously ceded to the real estate in the District of Columbia? United States; there are no State statutes in force in the District,

Mr. JENKINS. I did not hear what the gentleman from New as it now exists, except those of Maryland. York said. Among these is one which was passed by the legislature of

Mr. RAY of New York. Under the law as proposed to amend Maryland in 1791, applicable to "the Te1Titory of Columbia," it will it permit any alien to hold, own real estate in the District materially modifying the common-law rule as to the acquisition of Columbia? of real estate by aliens (Maryland act of 1791, chapter 45, section 6;

Mr. JENKINS. It will, under certain limit~tions. · 2 Kilty, 321; 1 Dorsey, 272; cited in Dennis's Probat. Law, D. C., Mr. RAY of New York. Withoutanyconclitionsorlimitations 8, 9). The act of Congress of July 16, 1790 (1Stat.,130), estab-

whatever? . lishing the seat of the Government, it should be said, provided Mr. JENKINS. Oh, no; there are some conditions imposed. It for the appointment of commissioners to locate it, and for the re­

simply makes the law of the Territori~s applicabl~ to the District moval of the public offices thereto on the first Monday in Decem-. of Columbia and places them all on the same footing. ber, 1800.

Mr. RAY of New York. Well, do you think that it is wise to It is said that engraved plans of the city of Washington were extend the Territorial law to the District of Columbia? distributed abroad, and for a time lots brought high prices in

Mr. GAINES. Mr. Speaker, a question of order. The Honse is London, as foreigners seemed to have more confidence th.an the in such tlisorder that we can not hear. natives in the success of the experiment. (The City of Washing-

The SPEAKER. The Chair will call the attention of members ton; Its Origin and Ad.ministration, by John Addison Porter, to the fact that disorder frequently arises from the fact that Johns Hopkins University Studies, third se1'ies, XI, XII.) gentlemen conduct their debates in a conversational tone, and the Th~ liberal act of 1791 was evidently meant to encourage these House can not hear. - foreign investors. It provided:

Mr. RAY of New York. Mr. Speaker, with the permission-- That any foreigner may, by deed or will heres.fter to be made, take and The SPEAKER. Does the gentleman from Wisconsin yield to hold lands within tha-t ~rt of the sa.id territory which lies within this State

the gentleman from New York? in the same manner as if he was a. citizen of ·this State , and the same lands may be conveyed by him and transmitted t.o and be inherited by his heirs or

Mr. JENKINS. I yield to a.ny gentleman. relations as if he and they were citizens of this State: Provided, That no for-Mr. RAY of New York. The point to which I was calling eignershall,invirtuehe1'60f,beentitledtoanyfnrtherorotherprivilegeof

attention was simply this: I made inquiry whether or not this a citizen. proposed amendment would permit any alien to purchase and Until a few years ago it could be said of the District of Colum­own real estate in the District of Columbia, and the answer was bi.a that it was the only English-speaking political community that in the affirmative. Then another inquiry was, were any limita- had from the beginning allowed aliens freely to acquire, hold, eon­tions contained in the bill, and the gentleman answered that there vey, and ti·a~it real estate. were certain limitations; and than the inquiry was, whether he Maryland, thpugh not herself excepting aliens from the clisa­regarded it as wise to extend the Territorial law to the District of bilities of the .common-Jaw rule in this respect until 1859, and' Columbia. I would like to have the gentleman point out, as then only resident aliens, for all aliens were not excepted until briefly as he can, the limitations and restrictions, if there are any, 1874 (Bernheim, History of the Law {)f Aliens, 173), assumed an upon this right different to those restrictions in the Territorial attitude toward them, so far as this part of her territory was con­law? · cerned, as liberal as that of Jefferson, who declared that he did

Mr. JENKlNS. It would take considerable time and require not believe that the rights of men were dependent upon the geog­the production of the law of 1897. I could send and get it. This raphy of their birth. bill is practically in accorda1rne with the legislation now of over coMMoN-LAW DISABILITIES. forty States in the Union, and by an oversight, so we are in- At common law aliens could acquire real estate by purchase-formed, in the law of 1897, the District of Columbia was omitted. that is, by any method except by descent-but.as to such property Now, then, the intention-of this bill is simply to put aliens in the they had only a defeasible title; it was liable to forfeiture to the District of Columbia on the same footing with aliens in the Terri- Crown. . tories. It does not enlarge their rights in any single particular~ , Until a judicial proceeding known as inquest of office. ~as, but makes the laws of the Territories applicable to the District of however, undertaken and their title thereunto found defective, Columbia. they could hold against the world. But by their conveyance

Now the bill has received the indorsement of the law depart- only a defeasible title passed to the purchaser, and they could not ment of the District of Columbia; the Commissioners prepared tra1ismit by descent at all. Nor could aliens inherit real estate, the bill and have recommended it, There can be no reason raised for the law wouJd not do such a vain thing as to cast upon them

1900. CONGRESSIONAL RECORD-HOUSE. 827 J

a title which the law itself would have to take away. (Bernheim, 125 et seq.: "Rights of aliens in England;" 11 Legal Observer, 192, and authorities cited.)

At common law personal property, which nowadays consti­tutes so large a part of the wealth of every civilized community, was for several reasons lightly regarded, and alien friends were freely permitted to acquire ancl hold this species of property. (1 Blackstone, 372; 3 Hume's Eng., 377 et seq.)

In modern times it mu.st be confessed that if danger is to be apprehended from the ownership of our property by aliens it is in regard to the control of national funds and the stocks and bonds of corporations and not of land.

OPERATION OF THE MARYLAND STATUTE OF 179L

The following cases relate to the ownership by aliens of land in the District of Columbia: Matthew vs. Rae (3 Cr. C. C., 699),

.. Dixon vs. Walker (2 H. and H., 316), Walker vs. Potomac Ferry Co. (3McA., 440), Dawson vs. Godfrey (4Cr. (U.S.), 321),0rr vs;

· Hodgson (4 Wheat., 453), Spratt vs. Spratt (1 Pet., 343; 4 Pet., 393), Contee vs. Godfrey (1 Cr. C. C., 479), Jost vs. Jost (11\I., 487), Geofroy vs. Riggs (18 D. C., 83; reversed in 133 U.S., 250), and Pierce vs. Jacobs (18 D. C., 498). . ·

At common law, as has been said, an alieu could take land, ex­cept by descent or operation of law, and hol([ it until office found, for every one resident in England was presumed to be a natnral­born subject owing an allegiance to the king until the contrary was judicially ascertained.

The hostility against the alien ownership of land is supposed by Blackstone to be due to the fear that the State might become sub­jected to foreign influences, but the real reason is traced by Bern­heim to the policy of all early peoples, which recognizes citizens alone as having rights.

Under such a policy, strictly pursued, foreigners are enslaved and their property appropriated because they are not within the protection of the laws. The inhumane and discreditable opera­tions of such a policy are visible in the attitude of England and these States, until a comparatively recent period, towards wrecks cast upon their shores. .

This prejudice and hostility toward aliens naturally passed away with the growth of civilization. Maryland, in legislating for the Territory of Columbia, seems to have been the first State impressed with the importance of promoting trade and encour­aging immigration by abolishing the antiquated rule of the com­mon law. When Bernheim wrote his treatise on The History of the Law of Aliens in 1885, he was able to say that 33 of the States in this Union had in like manner brought their law in harmony with present conditions by permitting aliens to hold land {page 184). .

No injury, inconvenience, or danger seems to have resulted from the Maryland act of 1791. So far as is known, there never was the slightest criticism of its provisions. In one respect it seems to have been subjected to a narrow construction.

The Supreme Court of the United States held (in. Spratt vs. Spratt, 1Pet.,343; 4 Pet., 393) that this act did not authorize the descent to alien heirs of land in the District which was acquired by the decedent after he had become a citizen of the United States.

This decision was favorable to the widow of the decedent, who, it may ~e said, should be permitted to inherit all of her husband's real estate when he dies without issue. There is a particularly strong reason for thjs favor to be shown all widows of aliens, whether they afterwards become citizens or not, because under the old statute of descents-which obtains in the District of Columbia-such widows might be left in partial if not total de­pendence upon the community, while the decedent's brothers or parents-aliens and nonresidents-might inherit the bulk of his realty. ·

RESTRICTIVE ACT OF :M.ARCH 3, 1887.

Mr. Bernheim informs us that a few years before he wrote there had been considerable agitation and some discussion in Congress regarding the advisability of limiting the quantity of public land which nonresident aliens might hold.

As is well known, there was a disposition some years ago to pre­vent aliens, and especially foreign corporations, from acquiring large tracts of land in our Territories. On March 3, 1887 (24 Stat. 476), an act of Congress was approved which was meant, as its caption shows, "to restrict the ownership of real estate in the Territories to American citizens," etc. This act makes it-unlawful for any person or persons not citizens of the United States or who have not lawfully declared their intention to become such citizens', or for any corporation not created by or under the laws of the United States, or of some State or Territory of the United States, to hereafter acquire, hold, or own real estate so hereafter acquired. or any int-erest therein, in any of the Territories of the United States or in the District of Columbia, except such as may be acquired by inherita.nce-

Per haps this merely preserves such right of inheritance as aliens have under the Maryland act of 1791. The act of 1887 is one con-

taining, not grants, but limitations, and therefore aliens can not now take by inheritance except from each other, as was held in Spratt vs. Spratt, supra. (See De Geofrey vs. Riggs, 133 U.S., 258,273)-or in good faith in the ordinary course of justice in the collection of debts heretofore created: Pr01Jided, That the _prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties. .

We have no such treaty with Great Britain, One is in process of negotiation. to the citizens or subjects of foreign countries, etc.

Section 4 of tpe act declares-that all property acquired, held, or owned in violation-

Of its provisions-

shall be forfeited to the United States, and it shall be the duty of the .A.ttorney­General to enforce every such forfeiture by bill in equity or other proper process.

No such proceeding has ever been begun by him under this act. This act went very much further than the mischief to be reme­

died required. We find that the next year it was so amended a.s ~prevent it from applying to or operating in_ this District-so far a.s relates to the ownership of legations, or the ownership of resi­dences by representatives of foreign governments or attaches thereof. (Act of March 9, 1888, 25 Stat., 45.)

But the most remarkable amendment occu.rred ten years after its passage, urged apparently by the citizens of the very Territo­ries who, it would appear, had procured the restriction. This act of March 2, 1897 (29 Stat., 618), contains the same prohibition as is found in the act of 1887, and saves as it does the rights of those to whom they have been guaranteed by treaties.

But it goes much further and provides that the restrictions shall not apply to land owned by aliens in the Territories which was acquired on or before March 3, 1887, so long as it is held by such owners, heirs, or legal representatives. This was doubtless in­serted out of abunda~t caution. The court of appeals of the Dis­trict of Columbia held, in Johnson vs. Elkins (1 App. D. C., 430 441), that the act of 1887 applied only to titles acquired after th~ passage of the act. ·

It not only allows aliens who-have declared their intention to beco~e citizens ~f t~e United States the right to acquire and .hold lands m the Terntones, but also those who shall become bona fide residents of the United States, adding that if any of these should cease to be such residents, they shall have ten years from such time in which to alienate their lands. Moreover, it is provided that the restrictions of the act shall not be construed to prevent aliens from acquiring or holding lots of lands in cities, towns, or villages of any of the Territories.

Not only does it allow aliens to acquire lands by inheritance and, in the ordinary course of justice, in the collection of debts, but also by lending money and securing the same upon real estate. In this last-mentioned case-, it is true, lands acquired by aliens through the enforcement of liens given as security for money lent are required to be sold within ten years after title is vested in such aliens, or they shall escheat to the United States. <This liberal act of 1897 allows even those aliens who may hold

land in any of the Territories in contravention of the provisions of the act to convey their titles at any time before the institution oI escheat proceedings, though it takes care, of course, to prohibit mere colorable conveyances meant to evade the provisions of the act. ·

Perhaps the most important concession to aliens contained in the act, and certainly the one which reflects most credit upon our policy, is that contained in section 6, which allows the proceeds of the sale of an alien's land acquired unlawfully and condemned by the court to be sold to remain in the hands of the clerk for one year, subject to the order of the alien owner of such lands or his heirs or legal representatives.

In other words, the treasury of the Territory in which the lands may be situated does not obtain the benefit of such confiscation unless the alien or his heirs or legal representatives sleep on their rights for one year. Finally, the act allows the alien, while the escheat proceedings are pending, to show to the court that he has become a bona fide resident of the United States or has declared his intention to become a citizen thereof, whereupon the suit is dismissed. It is distinctly enacted that the previous act {of 1887) shall remain inf orce and unchanged so far as it refers to or affects real estate in the District of Columbia. ..

RECENT LEGISLATION IN ENGLAND AND THE STATES.

We have, then, disabilities imposed upon aliens in the District of Columbia, though not in the other Territories of the United States, which nearly all other communities have removed by statute •

828 CONGRESSIONAL RECORD-.HOUSE. JANUARY 15,

The parliamentary committee in Great Britain which sat in 1868 and 1869 recommended:

That the present disabilities of alienage in respect of the holding and inheritance of land should be abolished altogether. (Part Ill of the Report on Nationality, Parliamentary Papers of 1868and1869, volume XXV, cited by Bernheim, pages 131 et seq.)

This report was adopted, and the statute of 33 and 34 Victoria, chapter 14, was enacted in 1870, which declares that- _

Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner _in all respects as by a natural-born British subject, and a title to real and personal property of every description may be derived through, from, or in succession to an alien in the same manner m all respects as through, from, or in succession to a natural-born British subject. (2 Am. and Eng. Encycl Law, 2d ed., 80. See also 18 Am. Law Reg., N. 8., 46.SJ

The common-law rules were adopted by all of these States except Louisiana, but they have been materially modified in nearly all of them. The American Encyclopredia of Law informs us that in many of them "resident aliens are placed on the same footing as natural-born citizens as to the right to acquire, hold, and trans­mit property, both real and personal," and in others" the same liberal policy has been pursued toward nonresident aliens." (2 Am. and Eng. Encycl. Law, 2d ed., 76.)

It has been found in Delaware and in New York, where the dis­abilities have been allowed to remain, that private acts relieving against them have come to be an invariable usage . . (Bernheim, 169, 178.)

This, too, is the custom in the District of Columbia. An alien acquires real property in the District. The statute of 1887 is not self-executing, but makes it the duty of the Attorney-General to proceed against such property to enforce forfeiture. That officer usually bas not the information upon which to proceed, and, it is likely, has no disposition to secure the confiscation. Yet until he takes such action "the title is not subject to attack by others.'' (Johnson vs. Elkins, 1 App. D. C., 430, 441.)

The alien owner wishes to convey and the title is found defeasi­ble, or he dies and uncertainty as to the inheritance arises. At once upon request an enabling act is passed, such, for example, as that of March 18, 1897, "for the relief of the heirs of Pom K. Soh, deceased;" or that of April 4i 1896, which expressly relieves the real estate itself conveyed by an alien from the operations of

• the act of 1887, and exempts it from all forfeitures incurred under it. (29 Stat., 712.) '

The time of Congress is thus unprofitably consumed, to the ex­clusion of much important business. The fact that relief aaainst the act is always afforded individuals upon request is sufficient reason why the disabilities imposed upon them by it should be removed by a general statute such as adorns the leg:slative rolls of Great Britain, or that they should be materially lessened, as has been effected by our act of 1897 relating to the Territories.

As was said by the gentleman from Wisconsin [Mr. BABCOCK], when the law was passed in 1887 to prevent foreigners coming to this country and purchasing large tracts of land and holding them adverse to what might be called Americanism, it was there provided that that should not apply to city lots, showing it to be the intention of Congress that aliens might acquire city lots.

Mr. WM. ALDEN SMITH. I see no especial objection to the ownership of property in Territories by aliens, but I can see how it would work great detriment in the District of Columbia if the door were to be left wide open and fdreigners permitted to come in and buy property that we might desire afterwards for public pur­poses.

Mr. JENKINS. They can do it in your State. Mr. WM. ALDEN SMITH. Yes; but that is not in the capital

of the nation. Our State is vastly different from the District of Columbia, where the General Government exercises complete jurisdiction, over the territory and for the identical purpose of wholesome control. Foreigners owe no duty here and could not be made to defend this capital. Why should we give them rights in contravention of the common law?

Mr. JENKINS. After full consideration of this bill by the Commissioners of the District this morning and by the attorney of the- · trict, the committee made this report, and we coul<j not see the le objection, or the least particle of danger to this coun­try, or to t1:i ca_pital of the nation, in allowing aliens to acquire property in the District of Columbia without limitation. As I have said, there has never been a single instance where Congress has refused relief.

Here is an instance that was called to our attention in the last Congress. A gentleman came here from Canada and brought his young son with him, and t)ley both entered the Union army and served auring the entire civil war. At the close of the civil war the old gentlemen returned to Canada and died. The young man made his home in the city of Washington, purchased a piece of property, which was very cheap at the time and subsequently be­came worth over $40,000 at a time when he wanted to sell it.

It was found that the title was defective from the fact that it had escheated to the Government because hia father was a.n alien; that be was an alien and there was no proof whatever of the citi­zenship of either the young man or his father, and he had to lose the property or come to Congress to get the necessary relief. Upon the attention of Congress being called to it, it immediatelypassed a bill for his relief. _

That is only one of the forty or fifty cases which have been called to the attention of the District Committee within the last two years.

Mr. WM. ALDEN SMITH. If the gentleman will permit me, I would like to a-sk whether the report that he stated was a part of his remarks is too long to be read for the information of the House. I would like to know the exact reasons for this departure from the old rule. I call for the reading of the report.

Mr. JENKINS. I have said nothing about any report. I said this morning I had gathered togetlier the entire law on the sub­ject, which is quite lengthy, and that I desired to submit that as a part of my remarks, showing the reason for making the change.

Mr. WM. ALDEN SMITH. Oh, I misunderstood the gentle­man. I thought he gave notice of his intention to incorporate a report in his remarks. · _

Mr. JENKINS. The report refers to three several acts. Mr. J-'ACEY. Mr. ~peaker-The SPEAKER. Does the gentleman from Wisconsin yield to

the gentleman from Iowa? Mr. JENKINS. I yield to any gentleman. Mr. LACEY. I would like to ask the gentleman from Wiscon­

sin in charge of the measure if he is prepared now to explain to the House what difference there is under the existing law between the District of Columbia and the Territory of Arizona or any other Territory-just what particular differences there are between the laws relating to the two? ,

Mr. JENKINS. I have sent for the act. I will ask that the act of 1897 be read from the Clerk's desk for the information of the Honse and particularly to answer the question of the gentle­man from Iowa.

The Clerk read as follows: An act to better define and regulate the rights of aliens to bold and own real

estate in the Territories. Be it enacted by the Senate and House of Rep1;esentatives of the United States

of .Anierica in Cong,.ess assembled That an act entitled "An act to restlriot the ownership of real estate in the '£erritories to American citizens." etc., approved March 3, 1887, except so far as it affects real estate in the District of Columbia, be, and the same is hereby, amended so as to read as follows:

"That no alien or person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States in the manner :provided by law, shall acquire title to or own any land in any o! the Territories of the United States, except as hereinafter -provided: Pro1:ided, That the prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existina treaties to citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer.

"SEC. 2. That this act shall not apply to land now owned in any of the Ter­ritories of the United States by aliens, which was acquired on or before March 3. 1887, so long as it is held by the then owners, their heirs or legal representa­tives, nor to any alien who shall become a bona fide re~ident of the United States, and any alien who shall become a bona fide resident of the United States or shall have declared his intention to become a citizen of the United States in the manner provided by law, shall have the right to acquire and hold lands in either of the Territories of the United States upon the same terms as citizens of the United States.

Provided, That if any such resident alien shall cease to be a bona fide resi­dent of the United States, then such alien shall have ten yea.rs from the time he ceases to be such bona fide resident in which to alienate such lands. This act shall not be construed to prevent any persons not citizens of the United States fromacquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Territories of the United States. -

SEC. 3. That this act shall not prevent aliens from acquiring lands or any interests therein by inheritance or in the ordinary course of justice in the collection of debts, Ror from acquiring liens on real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforcing any such lien, nor from acquiring and holding title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter.be fixed, or upon which a loan of money may have been heretofore or hereafter may be made and secured: Provided, however, That all lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the United States and be forfeited as hereinafter provided.

"SEC. 4. That any alien who shall hereafter hold lands in any of the Terri­tories of the United States in contravention of the provisions of this act may nevertheless convey his title thereto at any time before the institution of escheat proceedings as hereinafter provided: Provided, however, That if any such conveyance shall be mado by such a.lien, either to an alien or to a citi­zen of the United States, in trust and for the purpose and with the intention of evading the provisions of this act, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheat to the United States.

"SEC. 5. That it shall be the dutv of the Attorney-General of the United States, when he shall be informed o"r have reason to believe that land in any of the Territories of the United Htates are being held contrary to the pro­visions of this act, to institute or cause to be instituted suit in behalf of tbs United States in the district court of the Territory in the district where such land or a part thereof 'may be situated, l>ra.ying for the eschea.t of the same on behalf of the United States to the Umted States:

"Provided, That before any such suit is instituted the Attorney-General shall give or cause to be given ninety days' notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner

1900. CONGRESSIONAL RECORD-HOUSE. 829 of said land, or'to the person who la.st rendered the same for taxation, orJlis agent, and to all other persons having an interest in such lands of whicllhe may have actual or constructive notice. In the event personal notice can not be obtained in some one of the modes above provided, then said notice shall be given by publication in some newspaper published in the county where tbe land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county.

"SEC. 6. That if it shall be determined UJ>on the trial of any such escheat proceedings that the lands are held contrary to the provisions of this act, the court trying said cause shall render judgment condemning such lands, and shall order the same to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said funds shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed within the period of one year such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory:

Pr01Jided, That the defendant in any such escheat proceedings may, at any time before filial judgment, suggest and show to the court that he has con­formed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by tbe doing or happening of any other act which, under the pro­visions of this act would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court.

SEC. 7. That this act shall not in any manner be construed to refer to the District of Columbia., nor to authorize aliens to acquire title from the United States to any of the public lands of "the United States, or to in any manner affect or change the laws regulating the disposal of the public lands of the United States. And the act of which this act is an amendment shall remain in force and unchanged by this act so far as it refers to or affects real estate in the District of Columbia. '

SEC. 8. That all laws and parts of laws, so far as they conflict with the provisions of this act, are hereby repealed.

Approved, March~. 1897.

Mr. JENKINS. Mr. Speaker-Mr. WM. ALDEN SMITH. Mr. Speaker, I desire to submit a

parliamentary inquiry at this time. The SPEAKER. The gentleman will state it. Mr. WM. ALDEN SMITH. The time for the diRcussion of this

proposition appears to be under the control of the chairman of the Committee on the District of Columbia, the gentleman from Wisconsin. Am I correct in that?

The SPEAKER. The gentleman from Wisconsin controls one hour of the time.

Mr. WM. ALDEN SMIT.fl. I would like to ask who controls the time in opposition to the measure?

The SPEAKER. After the gentleman from Wisconsin has ex­hausted his hour, if no other member of the committee rises in op­position, the gentleman from Michigan will be recognized.

Mr. JENKINS. Mr. Speaker, the act of 1887 was practically declaratory of the common lawupon this subject, with one or two exceptions, to which I desire to call attention. I have the act be­fore me, but it takes so much time to read the lengthy statutes that I shall confine myself to a brief explanation of the law as it e~ists, and while I speak from memory .I tliink I can give to the members of the House the exact condition of the law as it appears upon the statute books; and if in any respect I shall be incorrect, or my memory is at fault, I shall yield very gladly to any gentle­man to make any statement of correction with reference to the matter.

The original act provided simply that aliens could not acquire title to real estate, as provided in the law, except by inheritance or in good faith in the ordinary course of justice for the recovery of debt.

Subsequently, in 1888, the statute was amended with a view to avoiding a violation of treaty stipulatiohs with which it came in contact and to extend the rights of aliens to hold property here, such as the attaches of foreign legations and others who might in the course of their connection with such embassies acquire title to lands in the United States.

Now, M.r. Speakar, we come to the act of 1897, which has been read and to which I desire to call your special attention. This act extended the privileges of the former act to the Territories of the United States, but excluded the District of Columbia. The remedial provision in this act of 1897 provided that parties might loan money, for instance, and secm·e themselves, notwithstanding that they were al~ens, and could enforce their right in the courts and obtain title for property so purchased or acquired.

Buli while this remedial provision extended the provisions of the law to the various States of the Union the District of Colum­bia was omitted, so that no provision exists for the acquisition of title here under such circumstances. . This bill, therefore, that the committee now recommends simply

ex1ends the remedial rights or privilege to parties living in the District of Columbia, and is intended to relieve Congress of the labor of looking after these various individual cases which come up from time to time.

The Commissioners of the District of Columbia in conference with the committee this morning-because of what they regard as the importance of the measure-stated the necessity of the en­actment and cited the cases of .pa1·ties -living here who had no remedy at all at law, notwithstanding the fact that aliens were

coming here and acquiring property; and they brought to the at­tention of the committee ten or fifteen cases where Congress bad been asked to relieve individuals from disabilities which the com­mittee do not believe the law was originally designed to exclude from their rights so far as our investigation has been able to go . .

Now, again, for fear that in the noise and confusion some gen­tlemen had not heard the statement, I will say that this bill is drawn by the Commissioners of the District of Columbia and that it has the approval of the two legal gentlemen connected with the District. They are all Americans, and they have recommended to Congress that aliens living in the District of Columbia be put on the same footing as aliens owning land in the several Territories of the United States.

The fact that 'at the time the act of 1887 was passed those own­ing city lots and village lots were exempted is a clear indication that the Congress of the United States did not intend to deprive aliens of all rig}J.ts. And then, again, Congress on its own motion passed the law of 1897, so remedial in its nature.

Now I will yield such time to the gentleman from Iowa [Mr. HEPBURN] as he requires.

Mr. HEPBURN. Mr. Speaker, I do not desire to address the • House particularly upon the merits of this bill, but I am moved to say what I am about to say by the kindliness of my heart, in the fear that in the noise and confusion some of our Populist friends have not yet ascertained what is going on in the House.

Mr. RIDGELY. Perhaps that is true. Mr. HEPBURN. I do this because I know that this subject

is very dear, indeed~ to them. Only a few years ago, Mr. Speaker, this question of the alien ownership of lands was made by our Populist friends one of the burning questions. Their platforms used to declaim against it. Their speeches were full of the perils to the Republic because of the ownership by foreigners of our broad acres. They used to publish long lists showing that Lord A owned so much, and Lord B owned so much, and the Earl of something else owned so much, showing that millions of acres, as they claimed, were now in the hands of the foreigner, the enemy of the Republic; that this alien ownership was a process constantly going on, and that in a little while it would result in turning the American out and intalling the foreigner in his place as the owner of the lands of the United States.

I noticed that two or three years ago, when a modification of this law was sought looking to the possibility of these alien gen­tlemen in some of the Populistic territories being able to buy lands, although I then called their attention to the subject and to the great peril of it, not one of them had a word to say about it. Now I am afraid, from the silence thus far observed, that again they are going to forget what they have said in their platforms, what they have declaimed upon the stump, what they have led many people unfamiliar with the subject to believe was a great peril. In other words, I am afraid that they have on some occa­sions been using this bugaboo as a lever to hoist themselves into place, and that they are now forgetful of the means by which they arrived in place; that they are now forgetting the men whom they had wrought up to such a frenzy"upon this subject.

I hope these gentlemen will not be silent when this outrage is being perpetrated upon the American citizen. I hope they will come to the front now with some of the vehemence which used to characterize them in the old campaigns of a very few ·years ago, and that they will not be forgetful of what they then said, now that there is a proposition to enlarge the power of the foreigner, not simply in the outlying Territories, not in remote districts, but right here in the very heart and!capital of the Republic you are going to let the foreigner get a foothold.

Mr. BAILEY of Texas. Mr. Speaker, will the gentleman from Iowa permit me to ask him a question?

Mr. HEPBURN. Certainly. Mr. BAILEY of Texas. My attention was diverted at the

moment, and I did not hear the reading of the bill. I judge, however, from the gentleman's remarks that it is a bill to permit the alien ownership of the soil in the District of Columbia. Am I to understand that the gentleman from Iowa is in favor of the bill?

Mr. HEPBURN. I am simply here .now as afriendof the Pop­ulist. [Laughter. l I am not advocating or opposing the bill. I say in reply to tne distinguished gentleman from Texas [Mr. BAILEY] that I have been fearful that in the noise and confusion he has been taken advantage of, and that he did not know what was going on, and I took my place on the floor, simply because my tones may sometimes be somewhat stentorian, for the purpose of waking him out of the lethargy in which he seems to be ·at this particular moment. [Laughter.]

Mr. RIDGELY. Will the gentleman allow me? Mr. BAILEY of Texas. Mr. Speaker, the Populist can render

his thanks after I am through. I desire to thank the gentleman from Iowa for having c.alled my attent.ion to the subject, because though by no means related to or affiliated with the Populists, I

830 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

believe in the old common-law doctrine that forbids an alien to own the soil, and I shall try to defeat this bill. [Applause on the Democratic side.]

Mr. HEPBURN. The gentleman is entirely welcome to any service I have rendered to him, although I am sure I am not en­titled to his thanks, because I did not for one moment think that he was at all allied to those gentlemen whom I had called the Populists. [Laughter.]

Mr. RIDGELY. Now will the gentleman permit a word? Mr. HEPBURN. Certainly. Mr. RIDGELY. I want also to thank the gentleman, and to

call tne attention of the Honse, and the Speaker especially, to the fact that we have twice called for order during the reading of this bill and its explanation by the gentleman in charge of it, and until this moment we did not know what was happening.

Mr. HEPBURN. Now, Mr. Speaker, having served the pur­pose for which I arose, and having awakened the gentleman, I will take my seat. rLanghter.]

Mr. RIDGELY. We thank yon. Mr. JENKINS. I now yield ten minutes to the gentleman from

• Michigan [Mr. _WM . .ALDEN SMITHj. Mr. WM. ALDEN SMITH. Mr. Speaker, the inquiry which I

propounded to the gentleman in charge of this bill related solely to the reason for this departure from the settled rule that has here­tofore applied in the District of Columbia, and I was prompted to do so because I believed in my own mind that it was an nncalled­for innovation, that it had not been properly understood, and that it would bear further consideration and study before it was acted upon.

Personally, I believe that the land in the District of Columbia is more sa.cred than almost any land in any State or Territory. It is territory that the General Government exercises jurisdiction over and every citizen of the country has an interest in. Distinct limitations apply to it. For one I do not believe that the door should be opened wide and aliens permitted to come in here and pnrchase or own this property in the District of Columbia. I would like to ask the gentleman in charge of the bill what is to hinder a. foreign syndicate or a corporation from coming in here and acquiring large tracts of valuable property and holding it, and holding it, indeed, against the best interests of the District of Columbia and possibly of the General Government?

Mr. Speaker,! do not believe that this departure would be wise. The gentleman from Wisconsjn says that Congress never has failed to pass remedial legislation in matters of this kind, where estates have been acquired by aliens and title was sought to be perfected. I am perfectly willing to do that where the circum­stances warrant it. A special bill introduced for the purpose of quieting any title or fixing a definite and distinct title in a person who acquires that property is, I think, a fit subject for Congres­sional consideration; but I do not believe it is wise at this time, or prudent, nor do I believe that the circumstances warrant us in opening the door so wide to alien ownership of District property, as is done in this bill.

Mr. LACEY. I would liketoaskmyfriendfrom Michigan this question. At present an alien may acquire title to a town lot in Gnthlie, Prescott, or Santa Fe?

Mr. WM. ALDEN SMITH. Yes; by virtue of a special law of Congress.

Mr. LACEY (continuing). Or in any State or Territory? Mr. WM. ALDEN SMITH. Yes; in many of the States. Mr. LACEY. But the States regulate that themselves? Mr. WM. ALDEN SMITH. Yes; Congress is not concerned. Mr. LACEY. B~t, so far as the Territories are concerned, I

would ask what is there so sacred about a town lot on Thirty-fifth street in the District of Columbia that would distinguish it from a town lot in Sante Fe or Guthrie?

Mr. WM. ALDEN SMITH. My answer to the gentleman is­Mr. LENTZ. Mr. Speaker, let us have order. The SPEAKER. The House is in good order, but the Chair

will ask for a little better order. Mr. WM. ALDEN SMITH. The gentleman from Iowa asks

what there is so sacred in the ownership of a town lot in this Dis­trict of Columbia that should distinguish it from one in .Arizona. My answer to that is this: That we have a Territory here fixed and Ii.mite~, over which the United States exercises jurisdiction and authonty, and we only pretend to exercise that jurisdiction over the Territory of Arizona or New Mexico temporarily.

Arizona may soon pass into the Union as a State. Who knows? It is in ~he province of this Congress to so decree whenever it P!ease~; and when it does pa33s, the supervision and control and direction of the State of Arizona will then apply to all of that land; but never in the history of the Republic will the Govern­men~ of tD:e U:nited ~tates qualify in the slightest degree the au­th~rio/ which it ~xerc~es at present over the District of Columbia. This 18 one spot m which the United States of America will always

exercise supreme authority, and I nope it will make this city the pride of every citizen and the most attractive city in the world.

:Mr. LACEY. I should like to ask my friend another question. May not a foreigner acquire title to a town lot in the capital of Michigan?

Mr. WM. ALDEN SMITH. Yes; bythecourtesyof legislative enactment.

Mr. LACEY . . What is there so different about the capital of Michigan and the capital of the United States tomakeitsafefora foreigner to acquire title to a town lot in the capital of Michigan and yet be necessary to keep him out of the city of Washington?

Mr. WM. ALDEN SMIT.ff. A foreigner, an alien, may acquire a town lot in the city of Lansing, but the government of the State of Michigan does not pretend to exercise jurisdiction or control over the town lots of the city of Lansing or extend unusual privileges to owners, as the General Government does here. If our State ac­quires any title, it must purchase it in the usual way; but here, in the District of Columbia, there is a territory of 60 square miles, as I believe, that is devoted to the purposes of the General Government, and everything is subservient thereto; and, Mr. Speaker, I would preserve the situation as it is, subservient to the wishes of the General Government, and not by any wholesale legislation of this character invite foreigners to come in here and take up desirable property and hold. it, when they owe no allegi­ance to our country, pay no attention to our Gove1·nment, and have no interest therein save to profit by our enterp1·ise. There­fore I am opposed, utterly and completely, to this radical depar­ture from the present principles that apply to the District of Co­lumbia, and I hope the bill may be defeated.

Mr. BABCOCK. I believe, Mr. Speaker, that I can offer a sug­gestion that will obviate the objections of not only the gentleman from Michigan but also the gentleman from Texas. The object in introducing this bill and bringing it to the attention of Congress is to relieve the aliens in the District who are now owning prop­erty that they can neither dispose of, utilize, improT"e, nor mort­gage. Since I have been connected with the District Committee we have passed somewhere in the neighborhood of fifty bills through this House for the relief of individual cases. In no in­stance has there ever been an objection-. . The committee now has a number of bills before it, and on the first bill the Commissioners ha·rn made this report and submitted a draft of this bill to cover all such cases, which the committee thought a good one. That is the object of it. ·

Now, to do away with the objection of the gentleman from Michigan, I will offer this amendment. The amendment is sim­ply to relieve those that own real estate in the District and gives them no right to acquire real estate in the future. I will send the bill to the desk and aik that the amendment be read.

Mr. RAY of New York. Will yon not have the bill read as it will be with the amendment in?

Mr. BABCOCK. Yes. The SPEAKER. The gentleman from Wisconsin asks that the

bill be read, and in connection therewith an amendment which he offers thereto. If there is no objection, the Clerk will read.

The Clerk read as follows: Be it enacted by the Senate and House of Repre1entatives of the United States

of America in Congress assembled, That the act entitled "An act to better de­fine and regulate the rights of aliens to hold and own real estate in the Ter­ritories," approved March 2, 1897, be, and the same is her~by, amended so as to extend to aliens now owning real estate in the District of Columbia the same ri~hts and privileges concernin~ the acqnisition, holding owning, and disposition of real estate in the District of Columbia. as by that act a.re con­ferred upon them in respect of real estate in the Territories of the United States.

SEC. 2. That all laws and parts of laws so far as taey conflict with the pro­visions of this act are hereby repealed.

With the following amendment: In line 7, after the word "aliens," insert the words "now owning real

estate in the District of Columbia.."

Mr. BABCOCK. Now, Mr. Speaker, I ask that the amendment be adopted.

Mr. BAILEY of Texas. Mr. Speaker, I should like to make an inquiry of the gentleman. In the first place, it seems to me that no alien could be owning real estate in the· District of Columbia, except under some special dispensation of Congress.

Mr. BABCOCK. I will say to the gentleman from Texas that the abstracts of title from the title insurance companies and other instruments will show that aliens do own this real estate, but it is contrary to law.

Mr. BAILEY of Texas. Then the plain duty of the officers is to file proceedings of escheat. This bill would simply deprive the law officers of the Government of the power and the authority to enforce the law against men who are daily violatin~ the law, and these men owe no allegiance to the Government of the United States.

:Mr. BABCOCK. I do not understand that there is any case in

1900. CONGRESSIONAL RECORD-HOUSE. 831 thiK city where there is any question abont it. There is no ques­tion as to .these parties having paid for, or given a consideration for, the real estate they are supposed to own.

Mr. BAILEY of Texas. That is a matter between individuals, but the right of an alien to own and sell property is of much more importance.

Mr. BABCOCK. This bill, with my amendment, will not ex­tend to aliens the right to acquire property in the future, but gives the right to those now holding it to dispose of it. I will say to the gentleman from Texas that unless we pass some meas­ure of this kind, we are going to be confronted by more than fifty individual bills, not one of which will there be any objection to. They will c0nsume the time of the committee and the time of the House, and this bill simply disposes of them in a bunch.

Mr. BAILEY of Texas. If the gentleman will prepare a bill that will authorize these aliens to dispose of the property which they hold in violation of law, I will support it.

Mr. BABCOCK. That is what this bill does. Mr. BAILEY of Texas. Your bill does not so state. .Mr. OLMSTED. You leave the word ''acquisition" in. Mr. WILLIAMS of Mississippi. Mr. Speaker-Mr. J A.MES R. WILLIA.MS rose. The SPEAKER. To which gentleman does the gentleman from

Wjsconsin yield? Mr. BABCOCK. I yield to the gentleman from Mississippi. Mr. WILLIAMS of Mississippi. Mr. Speaker, in the report

which accompanies this bill the committee used the following language:

The act of 1887 forfeits to the United States all property held or owned in violation of its prov~ions, while the act of 1B97 allows aliens to dispose of their real estate before the institution of escheat proceedings, and even after sale under such proceedings the proceeds are subject to the order of the a.lien owner for a. period of one year.

Now, therefore, it follows if the object of this bill be to allow aliens to dispose of their real estate in t)le District of Columbia, the bill is absolutely useless, because they already have the right under the act of 1897.

Mr. BA.BOOCK. That law does not apply to the District of Columbia, but only to the Territories.

Mr. JENKINS. This bill undertakes to apply the Territorial law to this District. That is all this bill seeks to do.

1\Ir. BAILEY of Texas. Mr. Speaker, I think thi3 matter can be settled without difficulty. ·

Mr. JAMES R. WILLIAMS. I want to a-sk the gentleman in charge of this bill whether it is not true that, under its provisions, aliens now owning real estate in the city of Washington may in­crease thefr ownership by additional purchases?

Mr. BABCOCK. .Not if the amendment which I have offered be adopted. This simply confirms the right of those who now own real estate, but does not give them the privilege of further acquir­ing prope1·ty in the District.

Mr. JAMES R. WILLIAMS. But does not the amendment, by its very terms, give the same right to own and acquire property in the District?

Mr. BABCOCK. I think, if the gentleman· will allow me-­Mr. McCULLOCH. Mr. Speaker. The SPEAKER. Does the gentleman from Wisconsin yield to

the gentleman from Arkansas? Mr. BABCOCK. I do. Mr. McCULLOCH. I desire to suggest to the gentleman that

a careful reading of his amendment will show that it not only confirms the title in these aliens as a separate and distinct class, but will enable them to purchase property hereafter and acquire title to it. Now, if the gentleman will change the language of Iris amendment) and give simply the power to sell and dispose of prop­erty, there would be no trouble whatever about it.

Mr. BABCOCK. Very well, I will meet the wishes of gentle­men in that regard by asking to have the word " acquisition," in line 7, stricken out of the bill--

The SPEAKER. The Chair will state to the gentleman from Wisconsin that one or two members have asked to be heard in op­position to the pending bill. The gentleman from Wisconsin yielded a part of his time; but gentlemen who are not members of the committee have indicated a desire to be heard. The Chair is disposed to give all members a fair opportunity of discussing the matter, and if no member of the committee desires to be heard at this time, will recognize some one outside of the committee to oc­cnpy the floor under the rule.

Mr. BAILEY of Texas. Mr. Speaker, I think we can save time if the gentleman from Wisconsin simply desires to adopt the meas­ure before the House to secure to the present owners of property the right to dispose of the same.

Speaking for myself, and I do not doubt that I speak for other gentlemen on this side of the House, we are perfectly willing to facilitatesuchaproceedingasthat. Butitseemstomethattheonly way to accomplish that purpose, in so far as the pending bill is:con-

• cerned, is to make such an amendment to it as will make clea-r-and definite the object sought to be accomplished-that is to say, that it sha11 contain a provision concerning the disposition of the real estate now held by these parties, and not a provision allowing them to acquire additional real estate. There is a provision to sell, and authority to receive the proceeds. That is no more than fair and just. Nobody objects to that.

Mr. JENKINS. This bill does not change the ordinary rule which prevails in reference to the acquisition of property in the · District or in the Territories.

Mr. BAILEY of Texas. All that I am concerned in, Mr. Speaker, is as to whether we shall proyjde some method by which these people may dispose of this property which they have in some way acquired.

Mr. JENKINS. This bill, I will staw to the gentleman from Texas, does not change the former law in that regard.

Mr. BAILEY of Texas. If by consent we can lay it aside for a little time, and let us have an opportunity of examining more carefully the act of 1897, which has been cited, it might be possible to save a good deal of time in the consideration of the matter .

Mr. JEN.KINS. I have no possible objection to that. Mr. BABCOCK. Then I ask unanimous consent, Mr. Speaker,

that this bill be laid aside temporarily. • The SPEAKER. The gentleman from Wisconsin asks unani­

mous consent that this bill be laid aside temporarily for the pur­pose of enabling members to examine the law bearing upon the subject. Is there objection?

There was no objection, and it was so ordered. TAX DEPARTMENTS OF THE DISTRICT OF COLUMBIA..

Mr. BABCOCK. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole on the state of the Dnion for the consideration of the bill H. R. 5042.

The SPEAKER. The gentleman from Wisconsin moves that the House resolve itself into the Committee of the Whole on the state of the Union to consider the bill (H. R. 5012) to provide for improvements in the tax departments of the District of Columbia.

l\Ir, GROUT. Mr. Speaker, before that motion is put I wish to say that this is a bill making an appropriation, and that it was not properly referred t.o the Committee on the District of Colnm· bia. The proper c<;>mmittee for this bill was the Committee on Appropriations. The two rules covering the matter are very ex­plicit, and provide that the District Committee shall have charge of all matters relating to District affairs except bills carrying appropriations. Appropriations relatingtothe District should go to the Committee on Appropriations.

Now, it may be this is a measure that ought to be adopted. I am not going to say as to that, because the subject has never been before the Committee on Appropriations. It was not submitted to the committee at the last session. Many matters have been submitted, and have come over from session to session, but this was never submitted to the Committee on Appropriations and they have never investigated it.

You will notice, Mr. Speaker, that the bill, jn the first place, au­thorizes the institution of the card system; but that is unnecessary. The power inheres in the Commissioners, by virtue of the organic act, to institute the system, and all they really want is the money.

Mr. JENKINS. Will the gentleman permit me? Mr. GROUT. Certainly. Mr. JENKINS. I want to say t-0 the gentleman from Vermont

that after a conference with the Commissioners this morning and the executive officers of the taxing department having charge of this matter, I feel certain that legislation is necessary to enable them to make this change, and the only justification which the committee has for dealing with this small appropriation is the fact that the amount is within the annual appropriation and does not increase the appropriation.

Mr. GROUT. Mr. Speaker, on that point we can in no better way learn whether it is necessary than by referring to a parallel instance in Qne of the Departments of ths Government. The card system was instituted in the War Department. General Ains­worth, the head of the Record and Pension Division of the War Department, came to the committee asking for an appropriation for additional clerks to institute that system, as he said, and clerks were given him for that purpose, but not a word was said about the card system. The authority to institute the sys­tem existed in the Department as a function of administration, and it so exists in the Commissioners in this case. It is not a mat­ter requiring legislation at all. The proposition, it seems to me, is wholly unnecessary. If, however, gentlemen of the District Committee do not take this view and feel that the Committee on Appropriations have not the authority to deal with it without authority from Congress, why then they can strike out the appro­priation and pass the bill, and have the appropriation to be made by the Committee on Appropriations, as the rules provide; but I assure the Speaker that the Committee on Appropriations are not

832 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

in doubt as to their authority to deal with the subject, a~d if they I attention of the Commissioners of the District the very best were satisfied upon investigation that this appropriation should method of doing business here. -be made, they would nndoubtedly_allow it. Now, they have reported. back to the Commissioners; and the

I will say further that I do not rise to put myself in the attitude Commissioners themselves took the subject up, and then the mat­of opposing this bill. I simply call the attention of the House to ter was referred to the Committee on the Di trict of Colnmbia. the fact that this is a matter which should go to the Committee That committee also gave a hearing to the taxing officers here in on Appropriations, and to suggest what will appear to everyone the District, and also made a personal inspection of the methods as proper in the premises; and that is that appropriations should and of the rooms where the change is contemplated and the com­be carried together and not scattered helter-skelter through bills mittee are unanimous, Mr. Chairman, in favor of the passage of which provide legislation. The Committee on Appropriations this bill and a change in the system of doing business, and of could deal with it in the regular order. If there is occasion for making the appropriation of $4,000. haste, let it be offered as an amendment to the urgent deficiency Now, it was not the intention of the committee to trench upon bill, which is reported this morning and will be before the House the rights of the Committee on Appropriations; but because of the to-morrow. It will be germane to that bill. There are provi- fact that the legislation embraced in this bill properly belongs to sions for the District of Columbia in the urgent deficiency bill, the Committee on the District of Columbia and it was for that and if there is special urgency for this it might properly go into committee to say whether or not this bill should be favorably that bill. recommended to the House, they also included this question of

If gentlemen do not see fit to take this course, I am not going to appropriations, because the amount is within the annual appro­array myself against the passage of this bill. I desire simply to priation for that department. Now, we are satisfied, from a care­call the attention of the House to the fact. I will not raise the ful inspection, as I have said, that it will not increase the cost or point of order under the rule. If any other gentleman sees fit to will not increase the expenses of the District a single dollar, but do so, he can; but I only want to call the attention of those having that in a year or two it will cheapen the cost of the collection charge o the matter to the fact that if this practice ia continued of taxes in the District of Columbia. we shall have to invoke the rule in the future. Now, every three years there has been appropriated-and every-

Mr. BABCOCK. Mr. Speaker-- thing indicates that the appropriation will have to be continued-The SPEAKER. The point of order made by the gentleman the sum of $3,000 for the purpose of preparing what is called the

from Vermont, as the Chair understands, is that this committee- numerical book of the District of Columbia, which contains the the Committee on the District of Columbia-- names of all the owners of all the property here so far as it is pos­

Mr. BABCOCK. I do not understand that the gentleman from sible to obtain that information, giving a description of the land, Vermont makes the point of order. the value of the property, the value of the improvements, and a

The SPEAKER (continuing). Has no jurisdiction over this great many other things which are required by the law. The Dis· bill because it contains an appropriation. It has been said by trict Commissioners did not feel authorized to go on and com­Speaker Crisp, Speaker Reed, and others that an erroneous refer- plete that without the _direction of Congress; and in fact the com­ence of a public bill, remaining uncorrected, in effect gives juris- mittee are of the opinion that under the law they can not go any diction to the committee. The House has had its day in court to further than they have done in the way of changing the methods. have the erroneous reference corrected and has failed to do so. They have spent $1,500 in the purchase of cards for the purpose of The Chair is of the opinion, therefore, that this matter is properly introducing the card system here in the way of doing business. within the control of this committee, and that it is within the Now, as the matter stands, it is very inconvenient to the own­power of the House, in considering the bill, to determine whether ers of property here. It is. almost impossible, under the present to leave the appropriation in the bill or to strike the appropriation method, for parties to know whether they have paid thefr taxes or out of the bill and leave only the matters of general legislation. not. By the introduction of the card system it brings to the at·

Mr. GROUT. If the Chair will permit me. I did not wish to tention of the Commissioners everyday the daily changes of own­be understood as raising the point of order. The Speaker was ership of property, and in a few minutes they can look up the actively engaged in examining the authorities when I stated that ownership of any piece of property, and it enables them at a I would not raise the point of o:rder. I simply made a suggestion. glance to know who is the owner, its value, and the amount of

The SPEAKER. The Chair did not understand the remarks of taxes, etc. the gentleman upon the point of order, and therefore the remarks It is conceded by all gentlemen who have given this matter at· of the Chair wQuld not apply. The question is: Shall the House tention that the system of cards should be introduced, and that resolve itself into Committee of the Whole House on the state of expense will be saved in the purchase of cards instead of the pub-the Union for the consideration of this bill? lication of books. That book is required by the law, and it is im-

The question was taken; and the motion was agreed to. possible to change it; and after that book is made out there is no The House accordingly resolved itself into Committee of t!ie way of ascertaining if there has been or there is any subdivision

Whole House on the state of the Union, Mr. HOPKINS in the chall'. of the property, and the Commissioners have no way of keeping The CHAIRMAN. The House is in Committee of the _W~ole track of that except by putting out an annual. As will be under­

House on the state of the Union for the purpose of cons1dermg stood, it is like an ·annual book instead of a codification, and it the bill H. R. 5042. The Clerk will read the bill. takes much time whenever it is necessary to look through the

The bill was read, as follows: various books in order to give the taxpayer the information he A bill (H. R. r«2) to provide for improvements in the tax departments of the requires.

District of Columbia. At present, if a party goes down to the District building for the Be it enacted, etc., That in order to enable the Commissioners of the Dis- purpose of paying his taxes, the officers and clerks have to spend

trict of Columbia to enlarge the rooms now occupied by the assessor and col- the time to examine some fourteen different volumes in order that lector of taxes of the District of Columbia and to rearrange the space so they may know that the party has all the property described in as to l>etter accommodate the public who have occasion to transact business with those offices, and to provide fixtures and pay other necessary expenses the receipt. Now, all that they would have to do under the new incident thereto, and to put in operation the card system for the improve- system would be to pull out a card which tells at a glance the in­ment of the business methods of those offices, including the temporary hire formation required. of clerks, the sum of $4,000, or so much ther~of as may be needed, is here~y appropriated, one-half out of any moneys m the Treasury not o_the!WlSe Now, the gentlemen down there have stated to us this morning, appropriated and the other half out of the revenues of the DIStr1ct of what they stated in the committee the other day, that there have Columbia, to be immediately available. been times within the last year when at least 5,000 people have

Mr. JENKINS. Now, Mr. Chairman, as shown in the title, the been kept waiting trying to pay their taxes, and that two or three bill is one to improve the condition of things in the tax depart- times over 500 people were required to remain out of doors at a ment of the District of Columbia, The Commissioners, being stormy time, the rooms being insufficient to permit them to do advised that some change in the methods of doing business and the business. some enlargement of the rooms down there are necessary, ap- Now, they simply propose, by making a few changes at an ex­pointed a committee of four experts that have had long experi· penditure of $1,500, to put in two or three additional places to ac· ence in the tax department of the District of Columbia, and commodate the taxpayers and to allow two lines of people to come directed them to make a close examination of the rooms and the in and go out at once without any confusion, while at present only condition of things, and the methods of doing business, and also one line can come in, and they have to jam against one another in as to the amount required to make the necessary change in order to endeavoring to get out. In other words, there will be one way for facilitate the doing of business in that department. the taxpayer to get in and another for him to get out, and thus

The committee spent some time in making averycareful exam- prevent confusion. ination of the matters in trusted to them and went to several cities The appropriation of $4,000 includes the employment of a few for the purpose of getting information in regard to the subject; temporary clerks for the purpose of making the change, but as and they found the most satisfactory plan in the city of Provi- soon as that is done no permanent clerks will be required. The dence, in the State of Rhode Island; but they also visited the city committee are assured from this examination that in less than one of Boston and some other large cities, where a large amount of year the annual appropriation for this branch of business will be business of this kind_ was done, for the purpose of bringing to the decreased at least one-fourth, if not one-third. Now, if there is

1900. CONGRESSIONAL RECORD-HOUSE. 833 any gentleman who desires any question answered, I shall be glad to do it.

Mr. BING HAM. Mr. Chairman, I desire to offer an amendment. Mr. JENKINS. Will the gentlemen state his amendment? Mr. BINGHAM. It is to strike out the appropriation. Mr. JENKINS. I will yield to the gentleman for the purpose

of offering the amendment. Mr. BINGHAM. But I desire to offer some remarks inconnec·

tion therewith. Mr. JENKINS. Certainly. Mr. BINGHAM. Mr. Chairman, I desire in connection with

the proposed legislation, fully recognizing the usefulness as well as the convenience of this proposed change, to emphasize to the House the necessity of what might be called a fair, orderly pro­cedure in the business of the House. It.ra the function of the Committee on the District of Columbia to submit on the day as­signed such legislation as they determine or consider will be for good administration in the District. I have no doubt this propo­sition is in favor of good administration. But I hold and claim that this very line of work can be done under the power that to-day rests with the District Commissioners through official administra­tion. Further than that, should it be necessary, then t1ie legisla­tion is proper; but the right to appropriate on legislation does not belong to the Committee on the District of Columbia, but is a part of the appropriation bill that comes from the Committee on Ap· propriations.

Now, it is proposed by the Commissioners to inaugurate what is called the card system. General Ainsworth, of the War _ De­partment, introduced the card system that runs to eyery volun· teer in the war of the rebellion, nearly three millions, covering claims of soldiers, as well as widows and orphans, by the simple addition in the general appropriation, the legislative bill-by an increased appropriation for stationery, as well as for such neces· sary clerks for that work. It is simply administrative, and therefore I think in the interest of orderly appropriation. The Committee on the District of Columbia should come into this House and recommend legislation for the District,. and after that the Appropriation Committee should take up the legislation made statute by Congress and appropriate in the proper bill. I move to strike out the appropriation. In making the motion, Mr. Chairman, I submit to the committee in charg~ of the bill that I do not .believe the legislation proposed is necessary, because I am of opinion the organic authority of the District will allow this; it is simply a change in the method of administration.

Mr. BABCOCK. Mr. Chairman, I have a very high regard for the opinion of my distinguished friend from Pennsylvania who bas just taken hiS seat, and I am exceedingly sorry that in the present instance I can not agree with him.

The Committee on the District of Columbia is confronted with many propositions which must be taken into consideration where new law is to be enacted, and where it becomes absolutely e.ssen­tial in order to carry such law into effect to couple with the law an appropriation for that purpose.

Now, in reply to the argument just made by the gentleman, I would. say that the circumstances surrounding the present case are of a peculiar character. I would say further to the gentle­man that i! we were to adopt h:is suggestion and try to bring in this proposition as an amendment on an appropriation bill, it would be subject to the point of order.

In the very nature of the case this proposition requires an appro­priation. It has been suggested, however, by various gentlemen that we pass the bill without the appropriation. But what would be the effect? It would be an absolute waste of time. The action would be useless. The legislation would have no effect. Gentle­men say that we can put it in the general deficiency bill and move it as an amendment, at the proper time, to cover the expenditure which the bill itself :proposes. But I must beg to take issue with gentlemen on that point. There are difficulties in the way although they tell us that it will "make us feel better."

Now, I do not know the particular provision in the urgency defi­ciency bill where this subject would properly be included. I can not undertake to suggest where it should be embodied in that bill; and therefore I hope the amendment of the gentlemai;t from Penn­sylvania [Mr. BINGHAM] will not prevail. I will state frankly to the gentleman that it would be a great deal better to defeat the bill entirely, because if this amendment is adopted it would make it simply a farce and would not accomplish the purpose intended.

I ask a vote on the bill. The CHAIR.MAN. The Chair will submit the question. Mr. GROUT. Mr. Chairman, the gentleman from Wisconsin

says it will be "a farce" if the appropriation is stricken out of the bill or if it is passed with the amendment suggested by the gen­tlem~n fi:om _Pennsylvania. I wish to say to him and to the House that it will s1mply confine the Committee on the District of Co­lumbia to what the rule gives them-that is, to legislate for the District-and leave to the Committee on Appropriations the work

XXXIII-53

assigned to that committee by the rule, namely, that of making appropriations for the expenses of the District under the law. 'rhat is all that the amendment of my friend from Pennsylvania seeks to accomplish. If it makes a farce of the proceedings~ then the rules of the Honse are farcical, and we have no safe guide on which to predicate our action.

Mr. BABCOCK. Ofcoursethe gentleman from Vermont under­stands that if the appropriations for the District of Columbia are not sufficient or not specific for such a purpose there is no power in the Commissioners--

Mr. GROUT. But they are specific. Mr. BABCOCK (continuing). And no approprfation can be

expended by the Commissioners of the District excepting for a spe­cific purpose which is authorized by Congress.

Mr. GROUT. Undoubtedly, but a sum of money is appropri­ated for clerical assistance, we will say, and is placed under the control of the District Commissioners.

Mr. BABCOCK. That is true, but unless provision is made in the law for an office to which the appropriation might apply the Commissioners would have no right to use the money for that purpose.

Mr. GROUT. Certainly not. The law is specific in that regard; but this is the question-and I have some delicacy in suggesting it, pecause I happen to be on the subcommittee in charge of Dis­trict appropriations-whether the Committee on the District of Columbia shall be allowed to usurp the functions of the Commit­tee on Appropriations and make pppropriations in this desultory way; whether, in short, it is not better to have these appropriations brought before the House in one budget in accordance with the rules. If the gentleman thinks that there is not authority to ap­propriate this money,. very well. Let him pass his bill and give the committee authority. That is· within his proper province. His committee proposes legislation and the Committee on Appro­priations appropriate the money. But for the sake of decency and good order in the business of the House, and for the sake of the observance of the rules of the House, let him drop out the appropriation and let the Committee on Appropriations deal with that.

Mr. BA.BOOCK. Mr. Chairman, if this is a violation of the rules, I want to withdraw the bill. I do not want to present any­thing to this House that is a violation of the rules. The Speaker has ruled that it is not.

Mr. GROUT. Oh, no. Mr. BABCOCK. And he stated that Speaker Crisp and Speaker

Reed and others have held the same way. Mr. GROOT. · Will the gentleman allow me?_ Mr. BABCOCK. The gentleman can have all the time he de­

sires when I get through. Now, I want to say another word, not only to the gentleman

from Vermont, but to the House. I have endeavored to cull out from the bills referred to the Committee on the District of Colum­bia everything that other committees in this House have proper jurisdiction of, and have cautioned the clerk of our committee and the chairmen of the subcommittees to take up no matter that we could possibly turn over to any other committee.

Time and time again I have sent bills to the Appropriations Com­mittee, as the gentleman from Vermont well knows. But this has been the practice of the House as long as it has considered District matters. This is a class of legislation which, if you J>ass at all. you must necessarily couple with an appropriation. Why, with the bills opening streets we have had to carry special appropriar tions to pay for the surveys and the general expense of the reports on those streets-not to pay for the' property, because that is left with the Appropriations Committee. But if we pass a bill to open a street without making an appropriation for this incidental expense, we might just as well pass no bill at all. This is a. meas, ure of the same kind, and I am entirely satisfied to have the com· mittee decide the matter.

Mr. BINGHAM. This is permanent establishment, to go ou forever. ~

Mr. BABCOCK. If the House decides that the Committee on the District of Columbia has no authority under the rules to do this, I shall be satisfied. I claim that our committee have juris­diction of the matter. I contend that the District appropriation bills proper and the continuing appropriations are the legislation which go to the Committee on Appropriations under the rules, not special things or new legislation. I claim that the committee are right in presenting this report, and that it is properly here under the rules. If you want to strike out the appropriation, gentlemen, strike out all after the enacting clause of the bill.

Mr. GROUT. Mr. Chairman, one word. The gentleman from Wisconsin says that the Speaker held that this is not in violation of the rule. He held no such thing. He merely held that be­cause the point of order was not raised before the bill was con­sidered and reported to the House, that then it was too late to make the point of order; that the reference was improper. That

834 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

would be the rule as to a public bill, though not as to a private bill. This being a public bill, that would apply. J.n fact, how­evel", I made no point of order, but merely stated in a general way the objection to this procedure, and made a suggestion as to the way by which this bill could be di'3posed of in an orderly manner, namely, by letting it go into the urgent deficiency bill.

Now. one thing more with reference to what the gentleman from Wisco:risin says. He says they have referred certain bills to other committees. Yes; they have. They have sent down to the Com­mittee on Appropriations a bill which in every section and sen­tence provides legislation and says not a word about an appropria­tion, with which that committee has no power whatever to deal That is a bill which we shall bring back into the House on the first opportunity and ask to have re-referred to the Committee on the District of Columbia. It is a bill regulating the hours of policemen's work, wbich is totally outside the jurisdiction of the Committee on Appropriations. It is sent to us by the District Committee on the ground that it involves an appropriation. Yes, if the bill were to become a law it would reduce the hours of police­men's work, and that would make necessary a larger nnm,ber of policemen, and would of course require a larger appropriation.

So by that sort of reasoning they refuse lio take jurisdiction of that bill and send it to the Committee on Appropriations, who can not deal with it; but they do take jurisdiction of this bill, w,ith which they have no business whatever under the rule. Had the rule been invoked in season, the reference would have been can­celed and the bill would have b~n sent to the Committee on Ap­propriations, for anything that the Speaker said, and the rules aTe explicit. The Speaker only held that the rule not having been taken advantage of in season, it was too late now to make the ob­jection. That-was the scope of his holding; but really no point of order had been made.

Mr. BABCOCK. I wish to say, Mr. Chairman, in answer to the gentleman from Vermont, that the passage of the police bill will require a large appropriation, which will be continuous, and it is under the jurisdiction of the Committee on Appropriations, and has been for years, to appropriate for the pay of policemen. If our committee should consent to handle that, and increasing the fol'ce, the legislation would be ineffective without an appropriation; it would be beyond our jurisdiction to provide for that.

Mr. BINGHAM. The Committee-on Appropriations can not fix the hours of policemen's labor.

Mr. BABCOCK. The Committee on Appropriations not only do such_thi1i1gs as that, but they fix the price of commodities, and other things of that sort.

l\lr. BINGHAM. But not the hours of labor, though. Mr. BABCOCK. And I want to say to the gentleman from Penn­

sylvania [Mr. BINGHAMl, that I have yet to see any large appro­priation bill pa!s this House that did not contain legislation on many subjects.

Mr. JENKINS. Mr. Chairman, the action of the Committee on the District of Columbia in referring what is called the police bill to the Committee on Appropriations shows how very careful that committee is with reference to assuming undue jurisdiction. In the last Congress the attention of the Committee on the District of Columbia was called by the Speaker to the fact that that bill was improperly referred to the Committee on the District of Columbia, and on the suggestion of the Speaker it was referred to the Committee on Appropriations, where the Speaker said it properly belonged.

Now, the Committee on the District of Columbia do not believe that they have fallen fato any error so far as that is concerned; but it only shows, as I say, that there is no intention on the part of the Committee on the District of Columbia to assume powe1·s that they do not properly enjoy under the rule. But that ques­tion is past so far as this bill is concerned. The gentleman repre-

. senting the Committee on Appropriations had ample time to make the point of order if he had so desired. The gentleman very courteously said it was not the intention of that committee or his personal intention to make that point of order. But, as I under­stand, he was perfectly willing to leave it to the House, just as the rule of the House had, in fact, left it with the House.

Now, we are not very busy to-day. To-morrow we may be busy when that part of the urgent deficiency bill, or the proper bill, is reached, where they say we can indicate this as an amendment. It may not be possible for us to find out just when it would be reached. We may not be here; and, certainly, whether or not, and whether we had all the information necessary, it is clear that it would be subject to the point of order, and the gentleman from Pennsylvania and the gentleman from Vermont would be here to make that point of order, and the members of the Committee on the District of Columbia would have to acquiesce in it.

But the question is, If the House is competent to determine to­morrow, why not take time and determine it t<rday? This com­mittee has not to pass on any question of jurisdiction between the District of Columbia-and the Committee on Appropriations. The

only question is whether Congress will permit the Commissioners of the District of Columbia to make this necessary change, and whether the House in its wisdom and judgment sees fit to say that the sum of $4,000 shall be appropriated; and it does not reflect on that great committee-the Committee on Appropriations-and it does not affect their rights; an.d the taking up this morning of this bill by the committee does not indicate that there can be any attempt on the part of the Committee on the Districtof Columbia or on the part of the House to take away any just powers of the Committee on Appropriations under the rule.

It is simply a question a.'3 to whether or not this bill should pass; or, perhaps, first, whether the amendment of the gentleman from Pennsylvania shall prevail As was well said by the chairman of this committee, the Committee on the District of Columbia would prefer that this bill should be beaten rather than that amendment should pass, because then we shall have perfected the legislation, and by withholding the appropriation they can not do anything at all until the Committee onAppropriationsshall have made the necessary appropriation. Now, there is no reason why this should be divided now, so long as the bill is properly before the House and we have not inv.aded the jurisdiction of the committee. If this were trenching upon the rights of the Committee on

Appropriations, there would be great force in what has been said by the gentleman from Vermont and the gentleman from Pennsylvania; but there is absolutely no force in anything that the gentlemen have said, so far as that is concerned, because both concede the necessity for and the wisdom of the improve­ment, and both say the District Commissioners have ample power to make the change without any legislation; but they are compelled to withhold because of the want of the necessary appropriation.

But when the Commissioners feel that they have not got the power, and certainly, even if they had it, it ought to be done by the direct action of Congress, rather than the action of the Com­missioners, so that the rules may not be changed when the change is a very radical one, a, very important one, involving the title of all property here in the District of Columbia. In a matter of so much importance certainly it ought to be passed upon by the House, especially when the Honse is perlectly willing to do it.

Now, wehavenotgotthe guaranty of theseverygenerousgentle­men that this appropriation will be made. They .simply invite us to let go to-day, with the inducement that we may go on to some appropriation bill in the future. Now, if it was going to be taken up in a day or two, it would not make any difference. Perhaps a day or two would not make any difference, but certainly when we have.got the cards and got the clerks ready to do the work, we may just as well be doing this work, if it is going to be done at all. The fact of the appropriation or the provision for the ap­prop-riation is not the important fact, because if the bill does not contain the appropriation the change will never be made.

The Commissioners, as I said just now, have gone as far as they thought they ought to under the law, and have already expended .$1,500 of the public money in making this change, and can not go any further. They certainly can not make the change in the room down there without the appropriation, and it ought not to be withheld. I think the Honse is competent to pass upon the q_ues· tion, and is fully advised as to whether or not they will perm.it the change, and that is the only question we are interested in this morning; and if this committee is of the opinion that this appro­priation shall be stricken ont of the bill, I want to join with you in defeating the bill and let the responsibility rest with the Com,­mittee on Appropriations.

But I feel for my own part that the House is willing to take up this matter and competent to take it up without violating any rule, and that it ought to be taken up this morning and disposed of when the question is fresh in the minds of every gentleman who has listened to the debate, and not be deferred until it has gone out of our minds and when only one or two gentlemen will recol­lect anything about it.

The amount asked for is $4,000. The annual appropriation is $3,000, and, as we have stated this moming, after a cal'eful exam­ination we are satisfied that over $1,000 a year will be saved to the Government by making this change. I now yield to the gen­tleman from Ohio rMr. NORTONl.

Mr. NORTON of Ohio. Mr. Chairman, I am confident that in the consideration of this matter there is a slight misunderstanding. I want to assure the gentlemen of the Appropriations Committee that their sensibilities were not overlooked even in our committee in the consideration of this bill. The matter was considered, and all the delicacy that could have been felt we also felt for them; but the bill being a necessity, an urgent one, I desire to say to the gentlemen on the Appropriations Committee that the bill interests every land owner and every taxpayer in the District of Columbia. It is not only for the purpose of saving money to the Government that we urge the passage of this bill, but we urge it for the reason of justice to the taxpayer.

1900. CONGRESSIONAL RECORD-HOUSE. 835 . On every occasion when there is an accounting for the payment of taxes there is a liability to mistakes. These mistakes have been onerous on the people. We ask this as an absolute neces­sity, in all fairness, to the taxpayers of the District. It was sug­gested that some member of our committee should call on the Ap­propriation Committee, from the very fear that this bill might be delayed; but after being assured that precedents were plenty with reference to certain matters, that there could be no reason why any member of that committee should complain, the bill was unanimously recommended. · · The very argument the gentleman from Pennsylvania makes, the very citations he makes of the work of General Ainsworth, are the best argument on that for this bill, for it proposes to do for the

· taxpayers what General Ainsworth has done for the soldier and pensioner. Now, after the time we have occupied, after assuring the gentlemen on the Appropriations Committee that their matter was carefully considered, the delicacy of the matter was consid­ered, and that there was no in~ntion on the part of this committee to assault the rights of their committee, it seems to me, in justice, and in honor and fairness, that with that assurance they should not interpose these technical objections.

I hope the gentleman from Pennsylvania [Mr. BINGHAM] and the gentleman from Vermont [Mr. GROUT] will consider it in that light and give us their support in the passage of this bill. I am opposed to killing this bill, Mr. Chairman; I am opposed to the delay of the bill. While I do not join my colleagues of the com­mittee in the desire to urge the killing of the bill, I join in the desiretopass the bill, with the assurance that there was no inten­tion, even if it could be so construed, to take from the Committee on Appropriations a single right that it possesses.

The CHAIRMAN. Debate on this amendment is exhausted. Mr. BINGHAM. Mr. Chairman, I move to strike out the last

word. As to the usefulness of this measure proposed, I have no doubt it has been fully digested by the Commissioners and exam­ined carefully by the committee having the bill in charge at this time. That it has been successfully administ.ered and expedites work Mr. Ainsworth's records clearly prove. Nor am I a special stickler or extremist for the rights under the rules of the Com­mittee on Appropriations. I ask that it have the same limit and privileges under the rules that we are willing to accord to every other committee, and especially the committee that has a multi­tude of questions coming before them, as has the committee before us to-day in the matters relating to this District.

I claim, sir, that this is nothing but a matter of administration under a system .of bookkeeping which has been adopted in the Dis­trict in connection with titles, taxes, and matters of that h.i.nd. It is simply a change for the convenience of the office, and not a mat­ter for legislation at all. It is a matter within the control of the administration of the department of the District. Now, of course, when an additional officer shall have been created for such an office it is a change of the law, and will be referred, necessarily and properly, to the Committee on Appropriations to make the neces­sary appropriation.

The expenditure of this sum is not necessarily the work of the Committee on the District of Columbia, but properly pertains to the business of ·the Committee on Appropriations, whose duty it is to examine all of these expenditures and make provision to meet them. It is a question absolutely to be determined by that com­mittee. It is not a question as to the right of the Committee on the District of Columbia to enact a law requiring an appropria­tion, but it is the direct duty of the Committee on Appropriations to appropriate, under the law, to meet this expenditure if it be necessary. If the appropriation is needed, when the urgent de­ficiency bill comes up for consideration to-morrow the gentleman himself can move an amendment, and I assure him for one that I will vote for it.

Mr. SIMS. Mr. Chairman, I did not intend to say anything on this biJ.1; but it seems to me a very strange matter, when I had heard the argument of gentlemen in opposition to the bill, that while they do not assert any do.ubt as to the merits of the bill itself, they base their opposition to it upon the ground that it comes from a committee which, as they allege, has no right under the rules to makethe necessary appropriation to carry it into effect.

Mr. BINGHAM. It is simply the destruction of the orderly procedure of the House.

Mr. SIMS. And the gentleman is therefore a stickler for or­derly procedure, especially in this case?

Mr. BINGHAM. Unquestionably; because each committee has its rights, powers, and privileges.

Mr. SIMS. Well, we will see whether that has been the case heretofore, or not. The gentleman will doubtless remember-cer­tainly the House does-the sharp debate between the chairman of the Committee on Appropriations, Mr. CANNON, and the gentle­man from Iowa [Mr. HEPBURN] last winter, in which it was charged that the Committee on Appropriations had deliberately and was daily violating the rules of the House, in that in the

> .

preparation of bills by the Appropriations Committee appropria· tions were made not authorized by existing law or ingrafting new legislation upon appropriation bills. In that debate, upon my inquiry, the distinguished chairman, Mr. CANNON, stated that the rules were operative only when invoked. If unanimous consent is asked for the consideration of a bill in this House and no objection is made, and consideration of the bill is accordingly begun, is it any argument against the bill on its merits that objection.ought to have been made, but was not?

If the gentlemen opposing this bill because it carries an appr<r priation thought it violated the rules, why did they not make such objection at the proper time, as they are so contentious for orderly procedure? Not having made objection, the bill is now before the House in an orderly and proper way, and the House is com­petent to deal with it on its merits, a.nd I can see no use in sending this bill to the Appropriations Committee to do what the House can now do without any circumlocution.

We have a pr-0position here which has received a great deal of consideration from some of the members of this body. If the legis­lation is good, we ought to adopt it. We come directly to you with the bill and the single proposition to carry it into effect.

Admitting that the objection would have been good if it had been made in time, it does seem to me that these gentlemen of the Appropriations Committee ought to be a little delicate now in ask­ing the House to vote down a bill that they did not think worthy of t.hP,ir objection. While we do not wish to encroach upon the powers of the Committee on Appropriations, I do think that nee· essary legislation should not be defeated on the ground that we have not first knocked at that door. I hope gentlemen will either vote for or against this bill upon its merits. If it is wrong in prin­ciple, I am willing to vote against it, but I am not willing to vote against it simply because it may have been subject to a point of order which was not made. Therefore I hope that the motion of the gentleman from Pennsylvania [Mr. BINGHAM] will be voted down, as I think it ought to be.

Mr. GROUT. Mr. Chairman, the very fact that, as stated by the gentleman, the Commissioners have already entered upon this work, shows that there is no necessity for this legislation. The only necessity is for the appropriation. Why, then, do the Com· missioners go to the District Committee? Why did they not come to the Appropriations Committee? This bill was introduced by the Chairman of the District Committee, and he had it referred to his own committ.ee. Then, as I stated before, he sent down to the Committee on Appropriations another bill with the indorsement, to use his own language, that it required an appropriation if passed. Now, there is not a dollar appropriated in the bill. The whole core of the provision of the bill is to extend the eight-hour law to policemen in this District. That is the whole story. Yet he sent it down to the Committee on Appropriations as an unfit thing for his committee to deal with. His committee is the only committee that can deal with it, and I notify the gentleman again that at the first opportunity I shall go into the House and ask to have this bill re-referred to the Committee on the District of Columbia, and not let them say that it is buried in the C-ommittee on Appropriations, which can not deal with it.

Mr. JENKINS. I want to say to the gentleman that if his com­mittee will release their hold upon that bill and refer it back to the District Committee, 130 that they can have a chance to -act upon it, policemen in this District will not be subject to work more than eight hours a day.

Mr. GROUT. All right; let them settle with the policemen. We have no authority over that legislation; none whatever. For my part I do not see why the District Committee showed such promptness to take possession of a bill appropriating 84,000, and yet had referred to the Committee on Appropriations a bill which only in a very indirect way would call for an appropiiation. It is true that, if the eight-hour law is inaugurated on the police force, it will make necessary more policemen, because the policemen work more hours than that now.

Mr. JENKINS. Will the gentleman yield to me for a moment? Mr. GROUT. Certainly. Mr. JENKINS. I think I hardly stated myself fairly a few

moments ago. The only change that the Commissioners have made so far is to purchase the cards.

Mr. GROUT. What business had they to purchase the cards if they had not the authority to do it?

Mr. JENKINS. They had authority to purchase them out of • their stationery account, and now they ask Congress for the nee· essary power to ca1Ty out the project. .

Mr. GROUT, They had no authority, only as they exercised it Ullder the organic act. As I told the House a moment since, the Commissioners have full authority to inaugurate the system when· ever the money is given to them. They do not need this legisla· tion.

One word in reply to the gentleman from Tennessee [Mr. Srns]. We are not opposing this bill, so far as the granting of authority

836 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

is concerned. It is not necessary, but I do not object. We simply say drop out the appropriation. Let us act in accord­ance with the rules of the Rouse. Let the appropriation be au­thorized by the Committee on Appropriations. Let this appro­priation be presented either in the urgent deficiency bill, when it will receive just consideration by the House, or let it be referred to the Committee on Appropriations and let the proper subcom­mittee deal with it. That is all we sav.

Mr. LLOYD. - I would like to ask the gentleman befqre he sits down whether this bill is meritorious or not.

Mr. GROUT. I am glad the gentleman asked me that, because I wish to say that I do not know. We have been quoted as con­ceding that this is a valuable system. I do not concede it. I do not know. The matter has never been before our committee. I have no information upon the subject. I know that in the War Department it is made available with great profit to the Govern­ment, but whether in the District office in tax matters it can be I do not know. I think it is a matter of question. I know some think it can not be made available.

Mr. ALLEN or Mississippi. I would like to ask the gentleman a question . . Mr. GROUT. Certainly. Mr. ALLEN of Mississippi. Can it possibly be a meritorious

bill if it simply authorizes the Commissioners to do what they can already do?

Mr. GROUT. That is a question which it seems to me answers itself. There is no occasion whatever forthe bill except the appro­priation, and that should have gone to the Committee on Appro­priations.

Mr. BABCOCK. I ask for a vote. The CHAIRMAN. The question is on the amendment offered

by the gentleman from Pennsylvania [Mr. BINGHAM]. The question being taken, on a division (demanded by Mr. BING­

HAM) there were-ayes 24, noes 48. Accordingly the amendment was rejected. Mr. BABCOCK. I move that the committee rise and report

the bill back to the House with a favorable recommendation. The motion was agreed to. The committee accordingly rose; and the Speaker having resumed

the chair, Mr. HOPKINS, Chairman of the Committee of the Whole House on the state of the Union, reported that that committee had had under consideration the bill (H. R. 5042), and had directed him to report the same back to the House with the recommenda­tion that it do pasR.

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

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

RIGHTS OF ALIENS IN THE DISTRICT OF COLUMBIA.. Mr. BABCOCK. Mr. Speaker, a few moments ago House bill

5297 was laid aside temporarily. I ask for the further considera­tion of that bill at this time.

The SPEAKER. The Clerk will report the title of the bill. The Cl~rk read as follows: A bill (H. R. 5?97) to amend the act entitled "An act to better define and

regulate the rights of aliens to hold and own real estate in the Territories," approved March 2, 1897.

Mr. BABCOCK. Now, Mr. Speaker, since the bill was laid aside an amendment has been agreed upon which I think is satis­factory to everyone in the House that ha.s considered it. It covers the point that the committee desire .to cover, and ~hat is this-it gives to those ~eople that are no~ withou.t P?Wer either to ~ell or dispose of their property here m the DIStnct of Columb1a the right to do so for a period of ten years. Mr. Speaker; I offer this amendment.

The Clerk read as follows: Strike out all after the enacting clause and insert in lien thereof the fol-

lo~~R~t aliens makin~ claim to title of real estate in the District of Colum­bia are hereby authorized to sell and dispose of such claims to citizens of the United States within ten years from the passage of this act."

The SPEAKER. The question · is first upon the amendment recommended by the committee to the text of the bill, and not the amendment just read.

Mr. RIDGELY. Can we not make some arrangement for a di­vision of time for discussion? We certainly are not going to pass that;without any diecussion whatever. .

Mr. BABCOCK. How much time does th~ gentleman want? Mr. RIDGELY. I would like to have at least thirty minutes. Mr. BABCOCK. This bill has been discussed nearly all the

afternoon. I would be disposed to yield any reasonable time. Mr. RIDGELY. What would you be disposed to yield? Mr. BABCOCK. Five minutes. Mr. RIDGELY. I will call the gentleman's attention to the

fact that it was almost impossib~e for ns to hear the reading of the bill or understand the discussion on it for some time, and in my effort to obtain the floor I was rnled out. I would like a few min­utes. It may not take thirty minutes.

Mr. BABCOCK. I will yield the gentleman ten minutes. We have some other measures we want to dispose of.

Mr. RIDGELY. Very well; I will take that and trust to beable to obtain further time if I find it necessary. _

The SPEAKER. The Chair understands the gentleman from Wisconsin to yield ten minutes to the gentleman from Kansas.

Mr. BABCOCK. I do. Mr. RIDGELY. Mr. Speaker, referring to an incident in the

beginning of the consideration of this bill, I call attention to the fact that, through the kindness of the gentleman from Iowa [Mr. HEPBURN], who, by reason of his fortunate nearness to the gentle-· man in charge of the pending bill, believing that we on this side did not understand what was transpiring, very kindly favored us with a warning, and especially took pains to call the attention of · Populists to the fact that it attacked one of our well-known and oft-declared principles-that alien ownership of real estate in this nation should be absolutely prohibited. In vfow of this favor, which I accept and again thank the gent1eman for it; I take this opportunity to say to members here that it is one of the funda­mental principles of the Populist party to abolish not only alien landlordism but alll andlordism; but I would also impress upon you the fact that it is to the shame of some other parties in this country that it has been necessary for the Populist party to remind the nation that it should always be an irrevocable principle of our Government to prohibit aliens from owning and controlling real estate.

Mr. HEPBURN. Will the gentleman from Kansas permit an inquiry?

Mr. RIDGELY. I will, sir. Mr. HEPBURN. Some two or three years ago, prior to the

consideration of the bill to modify the act of 1887, is it not true that one of the Populist conventions in your district passed a reso­lution demanding the P.assage of the act of 1897?

Mr. RIDGELY. I have no recollection of any such action, nor do I believe any Populist convention ever indorsed alien owner· ship of anything in our country.

Mr. SIMS. That has nothing to do with the bill before the House.

Mr. RIDGELY (continuing). Icannotyieldfu!therunlessmy time is to be extended.

The SPEAKER. The gentleman declines to yield. Mr. RIDGE~ Y. I will take the balance of my time now to re­

mind members here that it is not onlv one of the doctrines of the Populist party that we exclude absolutely alien ownership of land within the United States, but we even go further and warn the country against permitting the titles to real estate or other prop­erty to be centralized in individuals or corporations, either home or foreign. It is now proposed by this pending legislation to le­galize titles that are now illegal in the hands of alien owners in the District of Columbia. It is proposed to legalize them for ten years.

The bill does not say that if not then transferred to the owner­ship of citizens of this country we will then enforce our present rights and that the property shall then eacheat to the Govern­ment. I shall offer, when the proper time comes, an amendment that will compel the transfer of these tit~es within a limited time or they shall escheat to the Government.

Gentlemen say that rather than do injustice to some foreign investor we had better extend the time and let them go on and collect the rents until the end of the ten years, when, forsooth, we may then conclude that we have extended the time long enough. I hope the country will understand this legislation, and I hope the representatives of the people of this nation here and now will be true to the well-known sentiment of this country and vote down this proposed measure or at least cut the time down. Two years is certainly sufficient; and then let us put into the legislation a positive order that if the title does not pass to some citizen of· this country within that time it shall be forfeited to the Government of the United States. Let us prepare to enforce existing law after reasonable notice. At least let us act in accordance with funda· mental principJes.

I hope gentlemen will not fail to give this matter the attention that it demands, and the attention that the people of this country require at our hands. When the proper time comes I shall offer these amendments, believing that my time is too short to enter into a full discussion and to call the attention of the Honse to the position taken by the various political parties on this question of land titles. I only wish to emphasize my protest against the pro, posed legislation now before us, which indicates that there is a growing sentiment and a growing political force within capital­istic circles in this country that stands ready to begin to legal­ize alien ownership of real estate within our borders, even within the very capital of the nation itself, against which I believe the people generally, of all political parties, are emphatically opposed.

I wish to state, before I fake my sea.t, that I shall offer the amendments I have spoken of, and if in order at this time I will offer them now.

Mr. JENKINS. I make the point of order, Mr. Speaker, that

1900. 'CONGRESSIONAL RECORD-\ HOUSE. 837 the amendments are not in order, as the floor was not yielded for tne purpose of offering an amendment.

Mr . .RIDGELY. I will state in my time, then, what my amend­ments will be when the time comes for me to offer them. I shall offer to strike out the word "ten" in next to the last line and insert the word "two/' and to· add at the end of the last line a provision that the title to the property of all aliens shall eEcheat to the United States Government if not transferred to a citizen· of this country within the two years' limit.

Mr. HEPBURN. Will the gentleman from Wisconsin yield to me?

1\Ir. JENKINS. I will. Mr. HEPBURN. Mr. Speaker, the gentleman from Kansas has

reiterated bis devotion to the principles of the Populist pa.rty. I had no doubt but that he would do so here. I want to call atten­tion, however, to the fact that the Populist party that he speaks for has on many occasions, certainly one notable one, laid down the principle of nonownership when it suited their convenience and when he thought it was for their interest. They have declaimed year after year against alien ownership; they have made that one of the foundation planks of their platform, State and national; they have gone to the people-insisting that under the laws as-they were permitted to be by the Republican party, and by the Demo­cratic party when it had power, there was large acquisition of lands by foreigners, harmful to the interests of the country and foreboding great danger.

I want him to remember that a few years ago, when they found that it was absolutely necessary that foreign capital should be invited into the Territories to secure their development, they ~ame here asking modifications of the law so that this alien ownership might occur, in order that mortgages might be given, that bonds might be issued, that securities might be made whereby they could get the needed money to carry on enterprises and develop the Territories.

And when this modification, only two or three years ago; Mr. Speaker, was pending, thegentlemanfromOklahoma rMr. FLYNN] gave to the House some information upon the point, showing that in a Populist convention, in one of the counties of the district now represented by the gentleman from Kansas, there was a de­mand for the passage of just this very law, and insisting that we should abrogate these statutes forbidding the acquisition of prop­erty by foreigners. And why, l\Ir. Speaker? Simply because it was to the interest of certain parties in that State.

Mr. RIDGELY. Will the gentlemanallowmeto interrupt him just there?

Mr. HEPBURN. I always yield to the gentleman with pleas­ure.

l\Ir. RIDGELY. If such legislation was passed, was it not be­cause of the fact that your policy of reducing the currency, con­tracting the circulating medium of the people, destroyed the credit of the whole country in their own country, compelled them to cross the seas to get money to develop our resources?

Mr. HEPBURN. Ah, Mr. Speaker, who was it that destroyed your credit in that country? Was it not the infamous threat that you made in your own State, that you would withdraw the facil­ities of the courts from your creditors and make it impossib1e for them to collect their debts? You threatened that there should be a stay of five yoars in your State between the suit and the collec­tion of the claim and that the courts should not be used by the creditor who sought to enforce the law. Was it not you who in­troduced bills in the legislature allowing a period of thre~ years between the inception of a suit and the trial of it? Was it not because you interposed this length of time between the trial of the suit a11d the collection of the debt that the trouble to which the gentleman has referred arose?

You yourself introduced bills making three years the time between the commencement of the suit and the possible ·satisfac­tion of the judgment. You proposed, in the-first place, a stay of execution for five years. If such legislation was introducedi what could you expect other than the result which you finally accomplished? That is what destroyed your credit. It was your own attempt to rob your creditors after having secured their money. f Applause on the-Republican side.]

Now, Mr. Speaker, I simply want to call attention to the fact that these purists, these men "holier than thou/' these men that up to_ four years ago were the denunciators of their own present allies, these men who insisted that all corruption was to be found in the two old parties and that all purity was to be found in theirs, these gentlemen who claimed the necessity for organizinf? a new party because the two old parties had forgotten their duty and were recreant to their obligations-these gentlemen, after announc­ing principles, after eulogizing them upon the stump, are always ready to sacrifice them, always ready to let them slip by if they can secure an advantage for themselves; just as the gentleman's own people, in one of his own counties, solemnly resolved-I am not quoting literally-that land ownership by f.oreigners was not so bad a thing if they could only secure money in their own local­ity for the purpose of carrying on local developments.

Mr. RIDGELY. Will the gentleman produce a copy of- the resolution to which he refers?

Mr. HEPBURN. I do not know that I can, but the gentleman from Oklahoma [Mr. FLYNN] made the statement here in the House, and had the resolution. I am not sure whether it was read or not; and neither the gentleman nor any of his colleagues had the temerity at that time to deny its authenticity.

Mr. JENKINS rose. The SPEAKER. The gentleman from Wisconsin. Mr. RIDGELY. Mr. Speaker, I ask for five minutes in which

to reply. Mr. JENKINS. I yield five minutes to the gentleman. The SPEAKER. The gentleman from Wisconsin yields to the

gentleman from Kansas five minutes. Mr. RIDGELY. I thank the gentleman for the time. Now, in

reply to what the gentleman from Iowa [Mr. HEPBURN] has charged against my people and my State, I simply say that he has but repeated what, in the heat of a political contest_, came as a charge from his party and his party press against our people, the charge that we had turned repudiators because we were demand­ing some legislation that might better protect the debtor.

Mr. HEPBURN. Will the gentleman permit a question there? Mr. RIDGELY. I yield for a question. _ Mr. HEPBURN. Iwillaskyou if,inyourowhlegislature, bills

of the character I have suggested were not introduced and their passage prevented solely beca~e of the desertion of three of your people, who refused to carry them out?

Mr. RIDGELY. I answer emphatically no; that we never pro­posed repudiation, or any act that squinted tow:ard it, in the State from which I come.

Mr. HEPBURN. Hold on; do not beg the question in that way. I did not use the word ''repudiation."

Mr. RIDGELY. I call for the minutes. Mr. HEPBURN. I said that you proposed that an interval of

three years should elapse between the commencing of a suit and its day of trial in court. I said that you proposed a stay of execu:. tion fOr five years--

Mr·. RIDGELY. I hope the gentleman will not take up all my time. · ·

Mr. HEPBURN. I ask you if such legislation was not in­troduced in your legislature and supported by your_people?

Mr. RIDGELY. I hope I may be permitted time enough to answer the gentleman.

The SPEAKER. The gentleman from Kansas declines to yield further. •

Mr. RIDGELY. It is an old charge that is being again revived. For many years my State did not give the privilege to debtors that almost every State in this Union does give and that the gentleman's own State gives to the debtor--that is, the privilege of redemption when a foreclosure of a mortgage is made. We asked in Kansas that we might simply follow the well-known practice and law of other States, and give to our debtors the privi­lege of three yeara, the gentleman says.

Mr. HEPBURN. Five years. Mr. RIDGELY. · Well, I care not as to the difference between

us as to the time, sir. [Derisive laughter on the Republican side.] I say that the legislation in behalf of the debtor is as noble and

worthy of defense as the eternal legislation in behalf of the cred­itor. Why, I wish to cite you to the fact that the law that finally was passed and is now upon the statute books of my State does give to the debtor eighteen months in which toredeemhishomethat has been foreclosed under a mortgage, and your State and others have similar laws, some of them running as long as three years.

And, forsooth, because we have done this little act of justice to struggling debtors you must arraign us here as tending in the direction of repudiators. This charge I resent. I say it is untrue of my people. There is no such sentiment in my State. All we ask is that the debtor shall be heard and recognized as having some rights and claims under and within the laws of the counh·y, and that, too, without this eternal howling cbarge of repudiation.

The gentleman refers to a matter which he can not here sub­stantiate. He makes the assertion that because under some con­ditions our people may have asked a chance to borrow foreign money that we are inconsistent because our general policy and plea is, and the plea that 'Ye make here to-day is, that alien owner­ship shall be restricted and absolutely forbid. He takes this occa­sion to air the old charge of his party and its pre3s against the good people of Kansas, and in that arraignment and false charge you are hurting your own constituency in my State as well as all others. ·

Mr. HEPBURN. Allow me to correct the gentleman. Not against the good people of Kansas, but the Populists of Kansas. [Laughter and applause on the Republican side.]

Mr. RIDGELY. The good people of Kansas have already en­acted the very law that you here condemn and arraign, and it stands there and will remain, no matter which party has charge of legislative affairs; nor has the credit of my people suffered by it; their credit is as good as that of any State in the Union. .

838 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

The SPEAKER. The time of the gentleman has expired. Mr. JENKINS. Mr. Speaker, I do not desire to shut off any

amendments; but during the discussion of this question this morn­ing the gentleman from Texas [Mr. BAILEY] had some opposition to the penrung bill, and we i·eferred the whole subject of amend­ment to that gentleman. I do not see him here; but I am informed by my colleague on the committee from Missouri rMr. COWHERD] that this substitute, which is now in the hands of the Clerk, was prepared by the gentleman from Texas [Mr. BAILEY] or by the gentleman from Kentucky [Judge .SIDTH], and that it received the approval of the gentleman from Texas, and that all gentle­men who opposed the bill this morning were in favor of the amend­ment as drawn by the gentleman from Kentucky. Therefore, I prefer to submit the question to the House on the pending sub­stitute, and I ask for a vote.

The SPEAK.ER. The Chair will state that there is a committee amendment reported, and the vote must first be on that amend­ment to perfect the text of the bill, The question is on the com­mittee amendment.

Mr. RIDGELY. I would ask for the reading of the amend-ment, please.

The Clerk read as follows: Line 7, after the word "same," insert the words "rights and." The amendment was agreed to. The SPEAKER. The question is now on the amendment last

offered by the gentleman from Wisconsin, in the nature of a sub­stitu te.

Mr. JENKINS. That is a substitute for that section. The SPEAKER. To strike out all after the enacting clause and

insert the following. Mr. BURKE of Texas. Let us have that read. The SPEAKER. It has already been read, but without objec­

tion the Clerk will again read it. The Clerk read as follows: Strike out all after the enacting clause and insert in lieu thereof the fol-

10WTt.t aliens makin~ claim to title of real estate in the District of Colnm­bia are hereby authorized to sell and dispose of such claims to citizens of the United States within ten years from the passage of this act." .

The substitute was agreed to. Mr. JENKINS. I move to reconsider the vote by which the

bill was passed. The SPEAKER. The gentieman from Wisconsin moves to re­

consider the vote last taken, and also moves to lay that motion on the table.

Mr. RIDGELY. Mr. Speaker, we have simply agreed to the substitute. We have not yet passed the bilJ. .

The SPEAK.ER. The Chair understood that the substitute was adopted and the bill was passed.

Mr. RIDGELY. I do not so understand the situation. Mr. LACEY. Mr. Speaker, the bill has not been read a third

time, and has not been engrossed. Mr. RICHARDSON. The third reading and the engrossment

of the bill has not been had. The SPEAKER. The Chair was misinformed. The question

recurs on the engrossment and third reading of the bill. Mr. GROSVENOR. Mr. Speaker, I would like to call the atten­

tion of the gentleman from Wisconsin to this. I was not here when the nia.tter was discussed, but if I caught the reading of this substitute, if it should become law to-day, a foreigner might buy real estate here--

Mr. BABCOCK, No, sir. Mr. GROSVENOR. Wait a minute-and hold that real estate

for ten years, and then sell it. Mr. BABCOCK. The intention of it is that it shall apply to

real estate that is held throughout the city now. Mr. GROSVENOR. For the satisfaction of a number of gen­

tlemen around me, I ask that the substitute may be reread. It is verv short.

T"he SPEAK.ER. The substitute has already been reported twice, but without objection it will be again reported.

The Clerk read as follows: Strike out all after the enacting clause and insert in lien thereof the fol­

lowing: "That aliens making claim to title of real estate in the District of Colum­

bia are hereby authorized to sell and dispose of such claims to citizens of the United States within ten years after the passage of this act."

l\Ir. GROSVENOR. Now, l\Ir, Speaker, my objection is cor­rectly taken. The word "now" should be put there, so that it would apply to "l'eal estate owned by aliens at present, but not to property that they may acquire at any time within ten years. I think my construction is correct. .

Mr. JENKINS. I will ask unanimous consent to have the word "now" put in the bill.

The SPEAKER. The gentleman from Wisconsin will state his request.

Mr. JENKINS. I ask unanimous consent to have the word

"now" placed in the substitute, being the first word of the sub­stitute.

The SPEAKER. The Clerk will report, as requested by the gentleman from Wisconsin, for the information of the House.

The Clerk read as follows: After the word "aliens" insert the word u now;" so as to read, "that aliens

now making claim," etc. l\Ir. JENKINS. That will cover the case. The SPEAKER. The gentleman from Wisconsin asks unani·

mous consent to insert the word "now" as indicated by the read­ing . . Is there objection? [After apause. l The Chair hears none, and it is agreed to. The question is on tlie engrossment and third reading of the bill.

Mr. RIDGELY. I want to know at what stage of the proceed­ings it would be in order to move to recommit with instructions?

The SPEAKER. The previous question has not been asked for, but the gentleman from Wisconsin has the floor.

Mr. JENKINS. I move the previous question on the bill and amendment.

The SPEAKER. The Chair will say to the gentleman from Kansas that if the previous question is voted down, the matter will not then be in order; but if it is agreed to, a motion to re­commit will then be in order aft.er the engrossment and third reading of the bill?

The gentleman from Wisconsin asks for the previous question on the engrossment and passage of the bill

The previous question was ordered. The bill was ordered to be engrossed and read a third time; and

it was accordingly engrossed and read the third time. The SPEAKER. The Chair will state to the gentleman from

Kansas [Mr. RIDGELY] that the motion to recommit is now in order.

Mr. RIDGELY. I will offer a motion to recommit the bill to the Committee on the District of Columbia with instructions that they bring in an amendment limiting the time to two years-, and that the title shall escbeat to the Govemment on all alien claims after the expiration of the two years. At the suggestion of gen­tlemen here, Mr. Speaker, I will make it five years instead of two years. .

The SPEAK.ER. The Clerk will report the motion of the gentleman from Kansas, that he may see that be is correctly stated.

The Clerk read as follows: Strike out the word" ten" and insert" five;" so aa to read, "within five

years." Also, insert," The title shall escheat to the Government of all alien titles to real estate after such period."

Mr. RIDGELY. That is my motion; to recommit with those instructions.

The question was taken; and on a division (demanded by Mr. RIDGELY) there were-ayes 58, noes 88.

Mr. RIDGELY. I demand the yeas and nays, Mr. Speaker. The yeas and nays were ordered. The question was taken; and there were-yeas 88, nays 142,

answered "present" 6, not voting 118; as follows:

Adamson, Allen, Ky. i\.twater, Bankhead, Barbel', Bell, Bellamy, Benton, Berry, Brenner, Brewer, Broussard, Brundidge, Burleson, Caldwell, Chanler, Clark, Mo. Clayton, Ala. . . Cochran, Mo. Cooney, Cooper, Tex. Cox,

Alexander, Allen, Me. Allen, Miss. Babcock. Bailey, Kans. Bailey, Tex. Baker, Barham, Barney, Bartholdt, Bingham, Bfahop, Bouten, ill. Bowersock, Brantley, Breazeale, Bri*,

YEAS-88. Davey, Davis, Denny, Dougherty, Finley, Fox, Gaston, Gayle, Glynn, Gordon, Green, Pa. Griffith, Hedge, Henry, Miss. Henry, Tex. Johnston, Jones, Va. Kitchin, Kleberg, Lamb, Lanham, Lentz,

Lewis, Little, Llo_yd, McDowell, McLain, . Maddox, Moon, Naphen, Neville, Newlands, Norton, S. 0. Quarles, nansdell, Rhea, Ky. Ridgely, Rixey, Robinson, Ind. Robinson, Nebr. Rucker, Ruppert, Ryan, N. Y. Ryan, Pa.

NAYS-142. Bromwell, Brosius, Brown, Bnll Burke, S. Da.k. Burke, Tex. Burkett, Burton, Butler, Capron, Clayton, N. Y. Cochrane, N. Y. Connell, Cousins, Cowherd, Crump, Crumpacker,

Curtis, Daly,N.J. Dalzell. Davidson, Dayton, Dick, Dinsmore, Dolliver, Driscoll, Eddy, Emerson, Epes, Esch, Faris, Fletcher, Foss, Gaines,

Salmon, Shackleford, Sha.froth, Small, Snodgrass, Stephens, Tex. Stokes, Sulzer, Sutherland, Swanson, Talbert, Tate, Terry, Thayer, Thomas, N. C. Underwood, Williams, J. R. Williams, W. E. Wilson, Idaho Wilson, N. Y. Young, Va. Zenor.

Gardner, Mich. Gibson, Gill, Gillet, N. Y. Gillett., Mas3. Grosvenor, Grout, Grow, Hamilton, Haugen. Heatwole, Hemenway, Henry, Conn. Hepburn, Hitt, Ho:ffecker, Hopkins,

·1900. CONGRESSIONAL RECORD-HOUSE. 839

J"ack, Jenkins., Jones, Wash. Kahn, Knox. Lacey, Landis, Lane, Latimer, Lawrence, Linney,

McPherson, Polk, Southard, Marsh, Pugh, Spalding, Mercer, Ray, Sperry, Mesick, Reeder, Sprague, Meyer, La. Richardson, Steele, Miller, Roob, Stewart, N. J. Minor. Roberts, Mass. Thom!l8, Iowa Mondell, Robertson. La. Thropp, Moody, Oreg. Rodenberg, Tongue, Morgan, Russell, Turner, Mudd. Shattuo, Wanger, Needham, Shelden, Warner, O'Grady, Sneppa.rd, Watson. Olmsted, Sibley, Weaver, Overstreet, Sims, We~outh,

Lon~, Lorrmer, Loudenslager, Lovering, Lybrand, McCall. McClellan, McCulloch,

Packer, Pa. Smith, Ky. White, Parker, N. J. Smith,H. C. Williams, Miss. Par.ne, Smith, Samuel W. Phillips, Smith, Wm. Alden

Ball, Brownlow,

ANSWERED "PRESENT "-6. De Vries, Driggs,

Hay,

NOT VOTING-122. Acheson, Fitzgerald, Mass. Littlefield, Adams, Fitzgerald, N. Y. Livingston, Bartlett, Fitzpatrick, Loud, Boreing, Fleming, McAleer, Boutelle, Me. Fordney, McCleary, Bradley, Foster, McRae, Burleigh, Fowler, Mahon, Burnett, Freer, May, Calder head, Gamble, Meekison, Campbell, Gardner, N. J. Metcalf, Cannon, Gilbert, Miers, Ind Carmack, Graff, Moody, Mass. Catchings, Graham, Morris, Chickering, Greene, Mass. Muller, Clarke, N. H. Griggs, Noonan, Cooper, Wis. Hall1 Norton, Ohio Corliss, Harmer, Otey, Crawford, Hawley, Otjen, Cromer, Hill, Pearce, Mo. Crowley, Howard, Pierce, Tenn. Cummings, Howell, Pearre, Cusack, Hull, Powers, Cushman, Jett, Prince, Dahle, Wis. Joy, Reeves. Davenport, S. A. Kerr, Rhea, Va. Davenport, S. W. Ketcham, Riordan, De Armond, Kluttz, Robbins, De Graffenreid, Lester, · Scudder, Dovener, Levy. Sherman, Elliott, Littauer, Showalter.

Mann.

Slayden, Smith, Ill. Sparkman, 13pig~t. Stallings, Stark, Stevens, Minn. Stewart, N. Y. Stewart, Wis. Sulloway, Tawney, Tayler, Ohio Taylor, Ala. Tompkins, Underhill, Vandiver, Van Voorhis, Vreeland, · Wachter,

· Wadsworth, Waters, Weeks, Wheeler, Ala. Wheeler,1.Ky. Wilson, i:;. C. Wright Young, Pa. Ziegler.

So the motion to l'ecommit was not agreed to. After the roll call the following took place: Mr. HAY. Mr. Speaker, I am paired with the gentleman from

Iowa, Mr. HULL, and I therefore withdraw my vote. Mr. CLARK of Missouri. Mr. Speaker, I wish to ask for leave

of absence for my colleague, Mr. VANDIVER, who is detained on b-qsiness of importance.

The SPEAKER. That can not be done on a roll call. Mr. METCALF. Mr. Speaker, I am paired with the gentleman

from Kentucky, Mr. WHEELER, and I wish to withdraw my vote. Mr. BALL. Mr. Speaker, I wish to withdraw my vote in the

affirmative, as I am paired with my colleague, Mr. HAWLEY, The foUowing pairs were announced until further notice: Mr. FOWLER with Mr. BARTLETT, Mr. SHERM.AN with Mr. DRIGGS. Mr. BISHOP with Mr. CAMPBELL. Mr. MANN with Mr. JETT. Mr. l\IAHO:Y with Mr. OTEY. Mr. McCALL with Mr. JONES of Virginia, Mr. YOUNG of Pennsylvania with Mr. BRADLEY, Mr. LANDIS with Mr. BURNETT. Mr. REEVES with Mr. SPARKM . .rn. Mr. BROMWELL with Mr. McDOWELL. Mr. CROMER with Mr • .MIERS of Indiana.. The following pairs were announced for this day: Mr. GREENE of Massachusetts with Mr. How ARD. Mr. TAWNEY with Mr. SPIGHT. Mr. STEWART of New York with Mr. STARK. Mr. DOVENER with Mr. CATCHINGS. Mr. HOWELL with Mr. MULLER. Mr. COOPER of Wisconsin with Mr. DEGRAFFENREID. Mr. FREER with Mr. CUSACK. • Mr. GRAFF with Mr. CROWLEY. Ml'. POWERS with Mr. MAY. Mi·. LYBRAND with ·Mr. FOSTER. Mr. McCLEARY with Mr. UNDERHILL. Mr. HAWLEY of Texas with Mr. BALL. Mr. KERR with Mr. SCUDDER. Mr. MORRIS with Mr. McRAE. Mr. PEARCE of .Missouri with Mr. NOONAN, Mr. LITTLEFIELD with Mr. DE .A1rn:mrn. Mr. TOMPKINS with Mr. FITZGERALD of Massachusetts. Mr. BROWNLOW with Mr. RHEA of Virginia. Mr. METCALF with M_r. WHEELER of Kentucky. Mr. GRAHAM with Mr. FITZGERALD of New York.

_/

. Mr. WEEKS with Mr. VANDIVER, Mr. Loun with Mr. DE VRIES. Mr. BURLEIGH with Mr. STARK. Mr. HILL with Mr. RYAN of Pennsylvania. Mr. KETCHA!J with Mr. PIERCE of Tennessee. Mr. GARDNER of New Jersey with Mr. CARMA.CR'.l Mr. BOUTELLE of Maine with Mr. GILBERT. Mr. SHOWALTER with Mr. RIORDAN. Mr. HARMER with Mr. KLUTZ, Mr. CORLISS with Mr. STALLINGS. Mr. WRIGHT with Mr. HALL for the rest of the session. The result of the vote was then announced as above recorded. The SPEAKER. The question now is on the passage of the bill. The question was taken, and the bill was passed. Mr. WM. ALDEN SMITH. I am paired with the gentleman

from South Carolina [Mr. WILSON]. I voted inadvertently and· desire to withdraw my vote.

The SPEAKER. The Chair will state to the gentleman that the vote has already been announced on the question to which he refers.

Mr. JENKINS. Mr. Speaker, I move to reconsider the vote just taken on the passage of the bill, and to lay that motion on the table.

The latter motion was agreed to. The SPEAKER. Without objection, the title of the bill will be

amended to conform to the action of the House. There was no objection.

LEA VE OF ABSENCE. Mr. CLARK of Missouri. Mr. Speaker, I ask leave of absence

for my colleague from Missouri [Mr. VANDIVER] indefinitely, who is detained on account of important business.

There was no objection. REFERE..~CE -OF A HOUSE BILL,

The SPEAKER. If there be no objection the bill (H. R. 2736) to change the name of The Potomac Insurance Company, of Georgetown, and for other purposes, will be referred to the Com­mittee on the Distl'ict of Columbia.

There was no objection and it was so ordered. And then, on motion of Mr. BA.BOOCK (at 3 o'clock and 20 min·

utes p. m.), the House adjourned.

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

nications 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 and survey of the bay at Hudson, Pasco County, Fla.-to the Committee on Rivers and Harbors, and ordered to be printed.

A letter from the Chairman of the Interstate Commerce Com­mission, transmitting the thirteenth annual report of the Commis­sion-to the Committee on Interstate and Foreign Commerce, 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 David I. Lillard against The United States-to the Committee on War Claims, and ordered to be .printed. .

A letter from the Secretary of the Treasury, transmitting a com­munication from the Secretary of the Interior submitting an esti­mate of appropriation for the support of children at the Whit.· aker Orphan Hoine, Indian Territory-to the Committee on Indian Affairs.

A letter from the Secretary of the Treasury, recommending an appropriation to pay George Green certain fees-to the Commit­tee on Appropriations, and ordered to be printed.

A letter from the Acting Secretary of War, recommending an authorization for the accounting officers of the Treasury to pass an account for the payment of William S. Yeatman for services rendered the Gettysburg National Military Park Commission-to the Committee on Appropriations, 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 Richard Poole, administrator of estate of Frederick S. Poole, against The United States-to the Committee on War Claims, and ordered to be printed.

A lett.er from the Secretary of the Treasury, transmitting a copy of a communication from the Secret.ary of War transmitting sup­plemental estimates of appropriations for the service of the fiscal year ending June 30, 1901~to the Committee on Military Affairs, 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 William V. Rose against the United States-to the Committee on War Claims, and ordered to be printed.

A letter from the Secretary of the Treasury, transmitting a. copy

840 .CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

of a communication from the Secretary of the Interior, recom­mending the reimbursement of John E. Crane, United States Com­missioner in Alaska, for expenses incurred by him in relieving des­titute and sick Americans at Circle City, Alaska-to the Commit­tee on Appropriations, and ordered to be printed.

A letter from the Secretary of the Treasury, transmitting a copy of a communication from the· Secretary of the Inte1·ior, recom­mending an appropriation for renting additional office room in the building known as the Hooe Building-to the Committee on Appropriations, and ordered to be printed.

A letter from the Secretaryof the Treasury, transmitting a copy of a communication from the Secretary of War, submitting an estimate of deficiency appropriation for military posts-to the Committee on Appropriations, 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 committeas, delivered to the Clerk, and referred to the several Calendars therein named, as follows:

Mr. CANNON, from the Committee on Appropriations, to which was referred the bill of the House (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, reported the same, accompanied by a report (No. 43); which said bill and report were referred to the Commit­tee of the Whole Honse op. the state of the Union.

Mr. LOUDENSLAGER, from the Committee on Naval Affairs, to which was referred the bill of the House cH. R. 4026) to author­ize the Secretary of the Navy to change the material to be used in the construction of the dry docks at the navy-yards at League Island, Pa., and Mare Island, Ca.I., from timber to concrete and stone, reported the 'same with amendment, accompanied by a re­port (No. '. 45); which said bill and report were referred to the Committee of the Whole House on the state of the Union.

REPORTS OF COMMITTEES ON PRIVATE BILLS AND RESOLUTIONS.

Under clause 2 of RuleXill, private bills and resolutions of the following titles were severally reported from committees, delivered to the Clerk, and referred to the Committee of the Whole House, as follows:

.Ur. GIBSON, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 309) granting a pension to James M. Kercheval, reported the same with amend­ment, accompanied by a report (No. 38); which said bill and report were referred to the Private Calendar.

Mr. GASTON, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 3072) to increase the pension of William W. Wharton, reported the same with amendment, accompanied by a report (No. 39); which said bill and report were referred to the Private Calendar.

Mr. SAMUEL W. S~HTH,from theCommitteeon InvalidPen­sions, to which was referred the bill of the House (H. R. 5229) granting a pension to Sarah Potter,reported the same with amend­ment, accompanied by a report (No. 40); which said bill and report were referred to the Private Calendar.

Mr. MINOR, from the Committee on Invalid Pensions, to which was ref erred the bill of the House (H. R. 4416) to increase the pen-

· sion of Henry Geesen, reported the same with amenclment, accom­panied by a report (No. 41); which said bill and report were referred to the Private Calendar.

Mr. DRIGGS, from the Committee on Invalid Pensions, to which was referred the bill of the House (H. R. 2749) granting a pension to Susan Garrison, reported the same with amendment, accompanied by a report (No. 42); which said bill and report were referred to the Private Calendar.

CHANGE OF REFERENCE. Under clause 2 of Rule XXII, committees were discharged from

the consideration of the following joint resolution and bills; which were ref erred as follows:

Joint resolution (H.J. Res. 109) to investigate charges of fraud in procuring passage of special act for the relief of William Rob­inson, approved February 26, 1885-Committee on Pensions dis­charged, and referred to the Committee on Invalid Pensions. · A bill (H. R. 5870) for the relief of the Madison Female Insti­tute, at Richmond, Ky.-Committee on Military Affairs dis­charged, and referred to the Committee on War Claims.

A bill (H. R. 1788) granting a pension to Nicholas C. Wilson, of Braxton County, W. Va.-Committee on Pensions discharged, and referred to the Committee on Invalid Pensions. - A bill (H. R. 4678) granting a pension to James W. Edwards­Committee 9n Pensions discharged, and referred to the Commit­tee on In valid Pensions.

A bill (H. R. 4679) granting a pension to Micager Philpot-Com­mittee on Pensions discharged, and referred to the Committee on Invalid Pensions.

A bill (H. R. 5508) granting an increase of pension to Jennie C. Taylor-Committee on Pensions discharged, and referred to the Committee on Invalid Pensions.

A bill (H. R, 5509) to pension Malinda Jones-Committee on Pensions discharged, and referred to the Committee on Invalid Pensions. .

A bill (H. R. 5587) granting a pension to A. E. Rohrbough­Committee on Pensions discharged, and referred to the Committee on Invalid Pensions.

A.bill (H. R. 5821) for the relief of James W. B. Turk, of Poteau, Ind. T.-Committee on Pensions discharged, and referred to the Committee on Patents. ·

A bill (H. R. 5342) granting a pension to W.W. Jewett-Com· mittee on Pensions discharged, and referred to the Committee on Invalid Pensions.

A bill (H. R. 5898) granting an increase of pension to George F. White-Committee on Pensions discharged, and referred to the Committee on Invalid Pensions.

A bill (H. R. 5615) for the relief of Margaret A. Stuart, of Mount Vernon, Tenn.-Committee on Pensions discharged, and referred to the Committee on In valid Pensions.

PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS INTRODUCED.

Under clause 3 of Rule XXlI, bills, resolutions, and memorials of the following titles were introduced and severally referred as follows: ·

By Mr. CANNON, from the Committee on Appropriations: A 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-committ€d to the Committee of the Whole House on the state of the Union.

By.Mr. WILLIAM E. WILLIAMS: A bill (H. R. 6238) for the purchase 6f a site and the erection of a public building at Jack· son ville, ll.-to the Committee on Public Buildings and Grounds.

By Mr. LACEY: A bill (H. R. 6239) amending the civil-service law in relation to soldiers of the civil war-to the Committee on Reform in the Civil Service.

By Mr. MERCER: A bill (H. R. 6240) for the preparation of plans or designs for a memorial or statue of Gen. Ulysses S. Grant on ground belonging to the United States Government in the city of Washington, D. C.-to the Committee on the Library.

By Mr. KNOX: A bill (H. R. 6241) to increase the limit of cost for the purchase of site and erection of public building at Lawrence, Mass.-to the Committee on Public Buildings and Grounds.

By Mr. LLOYD: A bill (H. R. 6242) providing the punishment for hazing at West Point Military Academy-to the Committee on Military Affairs.

By Mr. jENKINS: A bill (H. R. 6243) to amend the charter- of the Capital Traction Company, of the District of Columbia-to the Committee on the District of Columbia.

By Mr. SHERMAN: A bill (H. R. 6244) defining and enlarging the powersheretoforeconferred upon the Choctaw, Oklahoma and Gulf Railroad-to the Committee on Indian Affairs.

By Mr. BARTHOLDT: A bill (H. R. 6245) extending the time for the completion of a wagon and motor bridge across the Mis­souri River at St. Charles, Mo., as provided by an act approved June 3, 1896-to the Committee on Interstate and Foreign Com­merce.

By Mr. BROSIUS: A bill (H. R. 6246) for preventing the adul­teration, misbranding, and imitation of foods and drugs in the District of Columbia. and the Territories,•and for regulating inter­state traffic therein, providing for the inspection of food and drug products intended for export to foreign countries, and for other purposes-to the Committee on Interstate and Foreign Commerce.

By Mr. HENRY of Connecticut: A bill (H. R. 6247) to amend an act entitled "An act to provide ways and means to meet war expenditures, and for other purposes," approved June 13, 18~8-to the Committee on Ways and Means.

By Mr. NEED!IAM: A bill (H. R. 6248) to provide for the in­spection and treatment of trees, buds, cuttings, grafts, scions, nurserv stock, and fruit imported into the United States-to the Committee on Agriculture.

By Mr. STEVENS of Minnesota: A bill (H. R. 6249) amending an act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes-to the Committee on Rivers and Harbors.

By Mr. BELL: A bill (H. R. 6250) extending the time for proof and payment on lands claimed under the desert-land law of the United States by the members of the Colorado Cooperative Colony in southwestern Colorado-to the Committee on the Public Lands.

By Mr. HENDERSON: A bill (H. R. 6251) authorizing con· struction of bridge-to the Committee on Interstate and Foreign Commerce.

1900. . CONGRESSIONAL RECORD-HOUSE. 841 By Mr. SPERRY: A bill (H. R. 6252) to amend an act entitled

"An act to provide ways and means to meet war expenditures, and for other pUJ1lOSes,"approved June 13, 1898-to the Committee on Ways and Means.

By :Mr. BINGHAM: A bill (H. R. 6253) requiring all duties on imported goods after Ma1·ch 1, 1900, shall be paid in gold coin, and repealing all acts inconsistent, and so forth-to the Committee on Ways and Means. .

By Mr. SIBLEY: A bill (H. R. 6254) to amend act of June 27, 1890, for increase of widows' pensions-to the Committee on In­valid Pensions.

By Mr. HITT: A bill (H. R. 6255) authorizing Arthur S. Hardy to accept a decoration from the Shah of Persia-to the Committee on Foreign Affairs.

By Mr. RAY of New York: A bill (H. R. 6256) amending sec­tion 5447 of the Revised Statutes of the United States of America­to the Committee on the Judiciary.

By Mr. CHANLER: A bill (H. R. 6257) to extend the privileges of section 1226 of the Revised Statutes of the United States to all officers who served during the war with Spain in the campaign in the Philippine Islands as volunteers in the Army of the United States-to the Committee on Military Affairs.

By Mr. RUSSELL: A bill (H. R. 6258) to amend _the act enti­tled "An act to provide ways and means to meet war expenditures, and for other purposes," approved June 13, 18~8-to the Committee on Ways and Means.

By Mr. BREAZEALE: A bill (H. R. 6259) making an appro­priation for the repair of the Government road to the national cemetery at Pineville, La.-to the Committee on Military Affairs.

By Mr. ROBERTSON of Louisiana: A bill (H. R. 6260) to ex­tend to the commissioners of agriculture of the several States the franking privilege-to the Committee on the Post-Office and Post­Roads.

By Mr. LESTER: A bill (H. R. 6261) to establish a subtreasury at Savannah, Ga.-to the Committee on Ways and Means.

By Mr. BURTON: A bill (H. R. 6262) to authorize the Presi­dent of the United States to invite the International Congress of Navigation to hold its ninth session in Washington, D. C.-to the Committee on Foreign Affairs.

By Mr. MARSH: A bill (H. R. 6263) to promote the efficiency of the militia-to the Committee on the Militia.

By Mr. ROBERTSON of Louisiana: A bill (H. R. 626!) to pro­vide for a public building at Crowley, La.-to the Committee on Public Buildings and Grounds.

Also, a bill (H. R. 6265) to authorize the establishment of a fish­cultural and biological station on the Gulf of Mexico within the limits of the State of Louisiana-to the Committee on the Merchant Marine and Fisheries.

By Mr. LAMB: A bill (H. R. 6266) for the relief of certain Dis­trict of Columbia tax-sale certificates, and for other purposes-to the Committee on the District of Columbia.

By Mr. HULL: A bill (H. R. 6267) to amend an act entitled "An act to amend an act to suspend the operation of certain pro­visions of law relating to the War Department, and for other purposes "-to the Committee on Military Affairs.

By Mr. NORTON of South Carolina: A bill (H. R. 6268) to pro­vide for the erection of a public building in tP,e city of Florence, S. C.-to the Committee on Public Buildings and Grounds.

By Mr. KERR: A bill (H. R. 6269) extending the benefits of the act of June 27, 1890, to certain persons-to the Committee on In-valid Pensions. ·

By Mr. GIBSON: A bill (H. R. 6270) to authorize the Secretary of War to cause to be investigated and to provide for the payment of all just claims against the United States for private property taken and used or destroyed by United States soldiers during the war with Spain-to the Committee on War Claims.

By Mr. WILSON of Idaho: A bill (H. R. 6271) to increase the limit of cost of public building at Boise City, Idaho-to the Com­mittee on Public Buildings and Grounds.

By Mr. BINGHAM: A bill (H. R. 6272) fixing the salary of the postmaster at Washington City, D. C.-to the Committee on the Post-Office and Post-Roads.

By Mr. COUSINS: A bill (H. R. 6273) t-0 provide for the pur­chase of a site and the erection of a public building thereon at Marshalltown, in the State of Iowa-to the Committee on Public Buildings and Grounds.

By Mr. LAMB: A bill (H. R. 6327) for the payment of certain claims-to the Committee on Claims.

By .Mr. JENKINS: A joint resolution (H.J. Res. 119) to amend an act entitled "An act to extend Rhode Islandavenue,"approved February 10, 1899-to the Committee on the District of Columbia.

By Mr. BELLAMY: A_.concurrent resolution (H. C. Res. 11) for a survey and estimate for the improvements of the naviga­tion of Livingston Creek, Columbus County, N. C.-to the Com-mittee on Rivers and Harbors. .

.Also, a concurrent resolution (H. C. Res. 12) for a survey and

estimate for the improvement _Gf navigation of Lockwoods Folly River, North Carolina-to the Committee on Rivers and Harbors.

By Mr. BABCOCK: A resolution (H. Res. 93) relative to the Committee on the District of Columbia appointing an assistant clerk~to the Committee on Accounts.

By Mr. HOFFECKER (by req_uest): A resolution (H. Res. 94) relative to jurists versed in naval law-to the Committee on Naval Affairs.

By Mr. JONES of Washington: A memorial of the legislature of the State of Washington, favoring the improvement of the Co­lumbia River-to the Committee on Rivers and Harbors.

Al.so, a memorial of the legislature of the State of Washington, favoring the bill to promote commerce and foreign tradS:-to the Committee on the Merchant Marine and Fisheries.

Also, a memorial of the legislature of the State of Washington, favoring relief t-0 certain homestea~ settlers on certain railroad grants-to the Committee on the Public Lands.

Also, a memorial of the legislature of the State of Washington, favoring the election of United States Senators by direct vote of the people-to the Committee on Election of President, Vice­President, and Representatives in Congress.

Also, a memorial of the legislature of the State of Washington, favoring legislation for the encouragement of American shipping­to the Committee on the Merchant Marine and Fisheries.

Also, a memorial of the legislature of the State of Washington, favoring an appropriation for the improvement of Snake River­to the Committee on Rivers and Harbors.

By the SPEAKER: A memorial of the legislature of the State of Washington, asking for relief for certain citizens of Clark and Cowlitz counties, State of Washington-to the Committee on the Public Lands.

Also, a memorial of the legislature of the State of Washington, urging the election of United States Senators by direct voteofthe people-to the Committee on Election of President, Vice-President, and Representatives 'in Congress.

Also, a memorial of the legislature of the State of Washington, favoring the removal of obstructions in Snake River near Asotin City, Wash.-to the Committee on Rivers and Harbors . ..

Also, a memorial of the legislature of the State of Washington, favoring the improvement of the merchant marine of the United States-to the Committee on the Merchant Marine and Fisheries.

Also, a memorial of the legislature of the State of Washington, asking for an appropriation for the removal of obstructions from the Columbia River-to the Committee on Rivers and Harbors.

Also, a memorial of the legislature of the State of Washington, urging the passage by the House of Senate bill entitled "A bill to promote the commerce and increase the foreigil trade "-to the Committee on the Merchant Marine and Fisheries. ·

PRIVATE BILLS AND RESOLUTIONS INTRODUCED.

Under clause 1 of Rule XXII, private bills and resolutions of the following titles were introduced and severally referred as follows: ·

By Mr. ADAMSON: A bill (H. R. 6274) for the 1·elief of Oliver Mcllhenny, of the District of Columbia-to the Committee on the District of Columbia.

By Mr. ALEXANDER: A biij (H. R. 6275) granting a pension to Johanna Buse-to the Committee on Pensions.

By Mr. BAKER: A bill (H. R. 6276) for the relief of John Clem~ sen and John C. Cookson-to the Committ€e on War Claims.

By Mr. BARBER: A bill (H. R. 6277) granting a pension to Susan M. Wikoff-to the Committee on Pensions.

By Mr. BARTHOLDT: A bill (H. R. 6278) to correct the mili­tary record and grant an honorable discharge to Charles Stierlin­to the Committee on Military Affairs.

By Mr. BREAZEALE: A bill (H. R. 6279) for the relief of the Mansfield Baptist Church, of Mansfield, La. -to the Committee on War Claims.

By Mr. BELL: A bill (H. R. 6280) for the relief of Perry A. Kinikin-to the Committee on Militarv Affairs.

By Mr. BREWER: A bill (H. R. 6~81) for the relief of A. J. Barnett-to the Committee on Claims.

By Mr. BRUNDIDGE: A bill (H.-R. 6282) for relief of Charles W. Fowler, of Arkansas-to the Committee on Military Affairs.

By Mr. CARMACK: A bill (H. R. 6283) to amend the military record of Samson Mead, late private of Company G, ThiTd Regi­ment Michigan Cavalry Volunteers-to the Committee on Mili­tary Affairs.

By Mr. CALDWELL: A bill (H. R. 6284) for the relief of James Crawley-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6285) granting an increase of pension to James R. Green-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6286) to remove the charge of desertion against James Hickey-to the Committee on Military Affairs.

f

842 CONGRESSIONAL RECORD-HOUSE. JANUARY 15,

By Mr. CAMPBELL: A bill (H. R. 628'7) granting a pension to John Drew-to the Committee on Invalid Pensions.

By Mr. CHANLER: A bill (H. R. 6288) granting a pension to Fred. L. Budde-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6289) granting an increase of pension to Francis Jandrew-to the Committee on Invalid Pensions.

B:v Mr. CLARK of Missouri: A bill (H. R. 6290) granting a pension to James Griffith-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6291) granting a pension to Cornelius Springer-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6292) for the relief George W. Payne-to the Committee on Military Affairs.

By Mr. G'UMMINGS: A bill (H. R. 6293) for the relief of Lloyd W. Emmart, surviving partner of the firm of Emmart, Dunbar & Co., of Washington, D. C.-to the Committee on the District of Columbia.

By Mr. COWHERD: A bill (H. R. 6294) for the relief of the heirs of J, W. Dea.I-to the Committee on War Claims.

Also, a bill (H. R. 6295) for the relief of J. H. Sanders, of Jackson County, Mo.-to the Committee on War Claims.

By :Mr. DENNY: A bill (H. R. 6296) for the relief of Robert F. Thompson, for services rendered by him for compilation of the laws relating to Indian affairs-to the Committee on Claims.

By Mr. DOLLIVER: A bill (H. R. 6297) for the relief of Jane Elliott-to the Committee on Invalid Pensions.

By Mr. DOVENER: A bill (H. R. 6298) for the relief of John Burns-to the Committee on Claims.

By Mr. DRIGGS: A bill (H. R. 6299) to pension Margaret Quirk-to the Committee on Invalid Pensions.

By Mr. EMERSON: A bill (H. R. 6300) for the reliefof Charles Miller-to the Committee on Military Affairs.

By Mr. FLYNN: A bill (H. R. 6301) to i·emove the charge of desertion from the military record of Ornas R. Doolittle-to the Committee on Military Affairs.

Also, a bill (H. R. 6302) making an appropriation for the sup­port of the W. T. Whitaker Orphan Home, in the Indian Terri­tory-to the Committee on Appropriations.

By Mr. GAMBLE: A bill (H. R. 6303) granting a pension to Angus Cameron-to the Committee on Invalid Pensions.

By Mr. GASTON: A bill (H. R. 6304) to increase the pension of James J, Lyons-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6305) tp restore· the pension of Mrs. Lois M. Clark-to the Committee on Invalid Pensions.

By Mr. GARDNER of Michigan: A bill (H. R. 6306) granting an increase of pension to Henry W. Steele-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6307) to correct the military record of Ira S. Havens-to the· Committee on Military Affairs.

By Mr. GIBSON: A bill (H. R. 6308) for the reliefof the estate of Joseph Alstott, deceased, late of Knox County, Tenn.-to the Committee on War Claims.

By Mr. GILLETT of Massachusetts: A bill (H. R. 6309) to amend the military record of John H. Lamson-to the Committee on Military Affairs.

By Mr. HA.MILTON: A bill (H. R. 6310) granting a. pension to Roderick R. Ackley-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6311) for the relief of Jacob F. Banks-to the Committee on Military Affairs.

Also, a bill (H. R. 6312) for the relief of Hiram W. Bays-to the Committee on War Claims.

Also, a bill (H. R. 6313) restoring pension to James A. Young­to the Committee on Invalid Pensions.

Also, a bill (H. R. 6314) granting a pension to Sarah A. Miller­to the Committee on Invalid Pensions.

Also, a bill (H. R. 6315) granting an increase of pension to Julia Weeks-to the Committee on Invalid Pensions.

By Mr. HITT: A bill (H. R. 6316) granting a pension to George W. Noble-to the Committee on Invalid Pensions.

By Mr. HENRY of Mississippi: A bill (H. R. 6317) for the relief of Mrs. Rachael Vining-to the Committee on Pensions.

Also, a bill (H. R. 6318) for the relief of the estate of George G. Noland, deceased, late of Jefferson County, Miss.-to the Com­mittee on War Claims.

By Mr. HENDERSON: A bill (H. R. 6319) granting a pension to George W. Cox, of Horton, Iowa-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6320) for the relief of C. S. Lobdell, of Par­kersburg, Iowa-to the Committee on War Ula.ims.

By Mr. HULL: A bill (H. R. 6321) for the relief of Edmund E. Schreiner-to the Committee on Military Affairs.

By Mr. JENKINS: A bill (H. R. 6322) to appropriate the sum of $281.15 to Diana Swift, of Rice Lake, Wis.-to the Committee on War Claims.

Also, a bill (H. R. 6323) for the relief of John McDonald, alias John Shannon-to the Committee on Military Affairs.

By Mr. KNOX: A bill (H. R. 6324) granting a pension to Adolf P. Vorholz, alias Albert Schneider-to the Committee on Invalid Pensions.

By Mr. KAHN: A bill (H. R. 6325) granting increase of pension to Catherine Black-to the Committee on Invalid Pensions.

By Mr. KITCHIN: A bi.11 (R. R. 6326) for the relief of Dr. J. W. Gliffith, of Guilford County, N. C.-to the Committee on War Claims.

By Mr. LITTLE: A bill (H. R. 6328) fo1· the relief of Felix G. Smith, administrator of Sarah J. Smith, deceased, of Jefferson County, Ark.-to the Committee on War Claims.

By Mr. LITTAUER: A bill (H. R. 6329) to grant a pension to Charles A. Owens-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6330) to remove the charge of desertion from the military record of Isaac S. Hodges-to the Committee on Mili­tary Affairs.

By Mr. LLOYD: A bill (H. R. 6331) to correct the military record of Leroy Q. Webber-to the Committee on Military Affairs.

By l\fr. LOUDENSLAGER: A bill (H. R. 6332) granting a pen­sion to Minerva Sturgess-to the Committee on Invalid Pensions.

· Also, a bill (H. R. 6333) granting a pension to Mrs. Mary Keen­to the Committee on Invalid Pensions.

By Mr. LEVY (by request): A bill (H. R. 6334) granting a pen­sion to Bianca Blenker-to the Committee on Invalid Pensions.

By Mr. LYBRAND: A bill (H. R. 6335) granting a pension to Ella S. Young-to the Committee on Invalid Pensions.

By Mr. McCALL: A bill(~. R. 6336) granting an increase of pension to Mary Ellen Lauriat-to the Committee on Invalid Pen· sions.

By Mr. MARSH: A bill (H. R. 6337) to grant a pension to Henry C. Huff-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6338) granting extension of time on Letters Patent No. 211585 to Wilbur Peck, inventor, Colchester, Ill.-to the Committee on Patents.

By Mr. MAY: A bill (H. R. 6339) for the relief of Thomas Stack-to the Committee on War Claims.

Also, a bill (H. R. 6340) to correct the naval record of Peter Hommes-to the Committee on Naval Affairs.

By Mr. McDOWELL: A bill (H. R. 6341) to remove the charge of desertion from the military record of Jacob Eckert-to the Committee on Military Affairs.

Also, a bill (H. R. 6342) for the relief of Elijah Rowe-to the Committee on Military Affairs.

Also, a bill (H. R. 6343) to remove the charge of desertion against Philip Reiss-to the Committee on .Military Affairs.

By Mr. MINOR: A bill (H. R. 6344) to remove the charges of desertion from the records of the War Department against Fred­erick Mehring-to the Committee on Military Affairs.

By Mr. 1\IcLAIN: A bill (H. R. 6345) fo:r the relief of 1\Iilton S. Shirk-to the Committee on War Claims.

Also, a bill (H. R. 6346) for the relief of John A. Brent, of Pike County, Miss.-to the Committee on War Claims.

Also, a bill (H. R. 6347) for the relief of Mrs. M. J. Baynard, of Natchez, Miss.-to the Committee on War Cfaims.

Also, a bill (H. R. 634S) for the relief of James M. Newman­to the Committee on War Claims.

Also, a bill (H. R. 6349) for thereliefof Hampton Wall, of Amite County, Miss.-to the Committee on War Claims.

Also, a bill (H. R. 6350) for the relief of Irene E. Huddleston and sureties on her official bond as postmaster-to the Committee on Claims.

By Mr. METCALF: A bill (H. R. 6351) for the relief of James A. Hutton-t-0 the Committee on Military Affairs.

By Mr. MAY: A bill (H. R. 6352) granting a pension to Lizzie B. Leitch-to the Committee on Invalid Pensions.

By Mr. O'GRADY: A bill (H. R. 6353) to remove the charge of desertion from the record of Thomas Mott, Company E , Eighty­fi.rst New York Infantry-to the Committee on Military Affairs.

Also, a bill (H. R. 6354) granting an increase of pension to Wil­liam R. Bancroft-to the Committee on Invalid Pensions.

By Mr. PACKER of Pennsylvania: A bill (H. R. 6355) to re­move the charge of desertion from the military record of Bernhard Steuber-to the Committee on Military Affairs.

By Mr. PHILLIPS: A bill (H. R. 6356) to grant an increase of pension to Lewis R. Armstrong-to the Committee on Invalid Pensions.

By Mr. PEARCE of l\Iissonri: A bill (H. R. 6357) for the relief of WiUiam S. Brinton-to the Committee on Claims.

By Mr. PEREA: A. bill (H. R. 6358) for the relief of Serapio Romero, late postmaste1· at Las Vegas, N. Mex. -to the Committee on Claims.

By Mr. RUCKER: A bill (H. R. 6359) for the relief of the heirs of William Heryford, deceased-to the Committee on War Claims.

By Mr. RUSSELL: A bill (H. R. 6360) gr~ting an incr.ease of pension to Charles J, Gregory-to the Committee on Invahd Pen-si~& .

1900. CONGRESSIONAL RECORD-HOUSE. 843 By Mr. ROBINSON of Nebraska: A bill (H. R. 6361) granting

an increase of pension to Mrs. Sarah C. Williams-, of Schuyler, Neb:-.-to the Committee on Invalid Pensions.

By Mr. RAY of New York: A bill (H. R. 6362) granting an in­crease of pension to Frank Gibbons-to the Committee on Invalid Pensions.

By Mr. RANSDELL (by request): A bill (H. R. 6363) for the relief of Joe Carroll, of Ouachita Parish, La.-to the Committee on War Claims.

Also {by request), a bill {H. R. 6364) for the relief of the estate of R. M. Scanlan-to the Committee on War Claims.

Also (by request), a bill (H. R. 6365) for the relief of the estate of Martha Keller, deceased, late of East Carroll Parish, La.-to the Committee on War Claims.

Also (by request), a bill (H. R. 6366) for the relief of M. W. Stewart, of Bastrop, La.-to the Committee on Wai: Claims.

Also (by request), a bill (H. R. 6367) for the relief of the estate of Samuel Richardson, deceased, late of East Carroll Parish, La.­to the Committee on War Claims.

By Mr. RICHARDSON: A bill (H. R. 6368) for thereliefof the legal representatives of Mary C. Turner, deceased, late of Tulla­homa, Tenn.-to the Committee on War Claims.

Also, a bill (H. R 6369) authorizing a.nd directing the Secre­tary of the Treasury to pay to Frank Rother $225, due him for service as route agent-to the Committee on Claims. -

By Mr. O'GRADY: A bill (H. R. 6370) for the relief of ~tephen R. Stafford, major, United States Army-to the Committee on Claims.

By Mr. SULZER: A bill (H. i:t. 6371) for the relief of Frederick See-to the Committee on Military Affairs.

By Mr. STEVENS of Minnesota: A bill (H. R. 6372) granting a pension t,o Abbie Webster-to the Committee on Invalid Pensions.

By Mr. SIBLEY: A bill (H. R. 6373) granting a pension to Frank Casey-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6374) to pension Edward P. Shaw at rate of $50 per month-to the Committee on Invalid Pensions.

By Mr. SAMUEL W. SMrtH: A. bill (H. R. 6375) granting an increase of pension to Chester Willis-to the Committee on In­valid Pensions.

Also, a bill (H. R. 6376) to increase the pension of James N. Willett-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6377) to increase the pension of Saturnin Jasnowski-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6378) granting a pension to Tracy M. John­son, dependent son of Arthur M. Johnson, deceased-to the Com­mittee on Invalid Pensions.

Also, a bill (H. R. 6379) granting a pension to Janet L. P. Tay­lor-to the Committee on Military Affairs.

Also, a bill (H. R. 6380) to correct the military record of Ste­phen R. Thorpe-to the Committee on Military Affairs.

Also. a bill (H. R. 6381) granting an increase of pension to Israel Walter--to the Committee on Military Affairs.

Also, a bill (H. R. 6382) granting a pension to Harriet V. D. Cook-to the Committee on Military Affairs.

Also, a bill (H. R. 6383) to correct the military record of Mason D. Chatterton-to the Committee on Military Affairs.

Also, a bill ·-(H. R. 6384) to correct the military record of Tim­othy Way-to the Committee on Military Affairs.

... .<\..lso, a bill (H. R. 6385) to correct the military record of Max­well Harris-to the Committee on Military Affairs.

By Mr. SMALL: A bill (H. R. 6386) for the relief of the estate of Esau Berry, deceased-to the Committee on War Claims.

Also, a bill (H. R. 6387) for the reliefof the estate of Thomas A. Dough, deceased, late of Dare County,N. C.-totheCommitteeon War Claims. -

Also, a bill (H. R. 6388) for the relief of Walter T. Dough, of Dare County, N. C.-to the Committee on War Claims.

Also, a bill (H. R. 6389) for the relief of Homer W. Styron-to the Committee on War Claims. ·

A1so. a bill (H. R. 6390) for the relief of Josiah L. Bell-to the Committee on War Claims.

Also, a bill (H. R. 6391) for the relief of L. T. Ogle by-to the Committee on War Claims.

Also, a bill (H. R. 6392) for the relief of Mary E. Hughes, heir of D. L. Pritchard, deceased, late of Camden County, N. C.-tothe Committee on War Claims.

By Mr. TALBERT: A bill (H. R. 6393) for thereliefof Martha Cook, administratrix of the estate of William Cook, deceased-to the Committee on War Claims.

By Mr. THOMAS of North Carolina: A bill (H. R. 6394) refer­ring to the Court of Claims, under the Tucker Act, the claim of Edward Wetherington, executor of Jane L. Daugherty. deceased, late of North Carolina-to the Committee on War Claims.

Also, a bill (H. R. 6395) for there'!.ief of John P. Clark, of Bladen County, N. C.-to the Committee on War Claims.

By Mr. SHAFROTH: A bill {H. R. 6396) granting an increase

of pension to William H. H. Walker-to the Committee on Invalid Pensions.

A1so, a bill (H. R. 6397) granting a pension to Richard Van Val­kenburg-to the Committee on Invalid Pensions.

Also, a. bill (H. R. 6398) for the relief of George G. Wortman- · to the Committee on War Claims. ·

By Mr. THROPP: A bill (H. R. 6399) granting a pension to David V. Evans-to the Committee on Invalid Pensions.

By Mr. JAMES R. WILLIAMS:' A bill (H. R. 6400) granting a pension to Napoleon B. Greathouse-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6401) for the relief of Sam. M. Nally-to the Committee on War Claims.

Also, a bill (H. R. 6402) to increase the pension of Christian J. Lidaker-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6403) granting a pension to Alice Bozeman-­to the Committee on Invalid Pensions.

Also, a bill (H. R. 6404) granting a pension to Augustus Voigt­to the Committee on Invalid Pensions.

Also, a bill (H. R. 6405) for the relief of Alfred U. Whiff en-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6406) to reimburse Jacob J. Talbott for per­sonal property taken during the late war-to the Committee on War Claims.

Also, a bill (H. R. 6407) to increase the pensions of Michael S. Brockett, George W. Williams, and Isaac N. Willhite-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6408) granting increase of penSion to James M. Blades, of McLeansboro, Ill.-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6409) granting a pension to M. E. Hamill­to the Committee on Invalid Pension.

Also, a bill (H. R. M10) to remove the charge of desertion from the record of Thomas D. Wagnon-to the Committee on Military Affairs. ·

Also, a bill (H. R. 6411) to remove the charge of desertion from the record of McCallister Edwards-to the Committee on Military Affairs.

Also, a bill (H. R. 6412) granting a pension to Susana Mackey­to the Committee on Invalid Pensions.

Also, a bill (H. R. 6413) to increase the pension of Robert J . . Tate-to the Committee on Invalid Pensions. •

Also, a bill (H. R. 6414) to remove the charge-0f desertion from the record of George A. Crisel-to the Committee on Military Affairs.

Also, a bill (H. R. 6415) to increase the pension of Elias Whipple-to the Committee on Invalid Pensions. _

Also, a bill (H. R. 6416) to increase the pension of Aaron Robert­son-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6417) granting a pension to Eliza C. Johnson­to the Committee on Invalid -Pensions.

By ltir. WILLIAM E. WILLIAMS: A bill (H. R. 6418) grant­ing a pension to Josiah Booker-to the Committee on Invalid Pen­sions.

A1so, a bill (H. R. 6419) for -the relief of Sarah J .. Richards, widow of Louis Ririhards-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6420) for the relief of Stephen A. St. John­to the Committee on Military Affairs.

Also, a bill (H. R. 6421} granting an increase of pension to John H. Dyer-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6422) granting an increase of pension to Patrick O'Sullivan-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6423) granting an increase of pension to David Lynch-to the Committee on lnvalid Pensions.

Also, a bill (H. R. 6124) for the relief of Charles S. Devine-to the Committee on Invalid Pensions.

Also, a bill · (H. R. 6425) granting an increase of pension to William H. Wendell-to the Committee on Invalid Pensions.

Also, a bill (H. R. 6426) to pay Joseph Hunter certain arrearages of pension-t-0 the Committee on Invalid Pensions. _

Also, a bill (H. R. 6427) for the roliE>i of Mairiam Taggart, widow of Capt. John Taggart-to the Committee on Invalid Pen· sions. .

Also, a bill (H. R. 6428) to remove the charge of desertion from the record of Zadoc J. Overby-to the Committee on Military Af­fairs.

Also, a bill (H. R. 6429) to remove the charge of desertion from the record of Henry Harmon-to the Committee on Military Af­fairs.

By Mr. WILSON of Idaho: A bill (H. R. 6430) for the relief of Edward Henneberry, of Pearl, Idaho-to the Committee on Claims.

By Mr. WILSON of South Carolina: A bill (H. R. 6431) for the relief of Annie M. Miller and Mary Louise Latimer-to the Com-mittee on War Claims. .

By Mr. YOUNG of Virginia: A bill (H. R. 6432) for the relief of P. F. Eagan-to the Committee on War Claims.

844 CONGRESSIONAL RECORD-HOUSE. JANUARY 15, .

Also, a bill (H. R. 6433) for the relief of James F. Carr-to the Committee on War Claims.

By Mr. RUPPERT: A bill (H. R. 6434) granting- a pension to George W. Farnum-to the Committee on Invalid Pensions.

By Mr. TAYLOR of .Alabama: A bill (H. R. 6435) fortherelief of Hannah J. Jones, executrix of Emanuel Jones, deceased, a British subject-to the Committee on Foreign Affairs.

PETITIONS, ETC.

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

By the SPEAKER: Resolutions of the city council of Pella, Iowa, expressing sympathy for the Boer Republic in its present war­to the Committee on Foreign Affairs.

Also, petition of T. H. Johnson, of South McAlester, Ind. T., asking free deportation for colored people-to the Committee on Insular Affairs.

Also, petition of T. H. Gregg and others, of Manchester, Iowa, relating to the stamp tax on medicines-to the Committee on Ways and Means.

Also, petition of 0. R. Bersbee and other carriers of the post­office at Burlington, Iowa, for the passage of a bill for the equali­zation of the salaries of letter carriers-to the Committee on the Post-Office and Post-Roads.

Also, petition of H.J. Harrison and other post-office clerks at Waterloo, Iowa, in favor of Hous.e bill No. 4351-tothe Committee on the Post-Office and Post-Roads.

Also, petition from the Dubuque Malting Company, of Dubuque, Iowa, asking for the passage of House bill No. 4727, abolishing eighth barrel stamps-to the Committee on Ways and Means.

By Mr. ADAMS: Petition of the Marine Society of New York, favoring the passage of the" Shipping bill '~-to the Committee on the Merchant Marine and Fisheries.

By Mr. ALLEN of Kentucky (by request): Petition of the Equal Rights Association of Kentucky, favoring a sixteenth amendment to the Constitution, prohibiting disfranchisement of women-to the Committee on the Judiciary.

Also, petition of E. D. Axton and others, of Owensboro, Ky., favoring the passage of House bill No. 4351-to the Committee on the Post-Office and Post-Roads. • By Mr. ALLEN of Maine: Petition of the Woman Suffrage As­sociation of Maine, asking that perfect equality of rights, civil and political, shall be secured to the women of Hawaii, Puerto Rico, Cuba, and the Philippines-to the Committee on Insular Affairs.

By Mr. AL.EXANDER: Petitions of the Woman's Christian Temperance Union, Women's Foreign Missionary Society, of Gerry, N. Y.,Free Methodist Church, of West Kendall, N. Y., and Woman's Christian Temperance Union of Cuba, N. Y., against the seating of B. H. Roberts, of Utah-to the Special Committee on the B. H. Roberts Case.

By Mr. BARTHOLDT: Petition of the Missouri State Grange, praying for legislation against trUBts-to the Committee on the Judiciary. .

Also, petition of the Missouri State Grange, in favor of the pure­food bill-tothe Committee on Agriculture.

By Mr. BELL: Petition of post-office clerks at Victor, Colo., in favor of the passage of House bill No. 4351-to the Committee on the Post-Office and Post-Roads.

By Mr. BELLAMY: Petition of H. R. Horne, B. E. Sidberry, and other citizens of Fayetteville, N. C.,relating to the stamp tax on medicines-to.the Committee on Ways and Means.

Also, petition of E. F. Gordon, D. J. Watson, M:. C. Guthrie, and sundry other citizens of Southport, N. C., relative to increase of pay and length of service of life-saving crews on the coast of North Carolina-to the Committee on 'the Merchant Marine and Fisheries.

.. Also, petition of Dunbar Davis, keeper of Oak Island Life-Saving Station, and surfmen and of J. S. Watts and surfmen on the coast of North Carolina, relative to increase of pay and length of serv­ice of life-saving crews, on an equal footing with the lake life­saving stations-to the Committee on the Merchant Marine and Fisheries.

By Mr. BINGHAl\1: Petition of railway postal clerks in the First Congressional district of Pennsylvania, for the reclassifica­tion of the Railway Mail Service-to the Committee on the Post­Office and Post-Roads.

By Mr. BOUTELLE of Maine: Petition of post-office clerks of Houlton, Me., favo1ing the passage of House bill No. 4351-to the Committee on the Post-Office and Post-Roads.

By Mr. BOWERSOCK: Petition of druggists of Lawrence, Kans., asking for the repeal of the stamp tax upon proprietary medicines, etc.-to the Committee on Ways and Means.

By Mr. BROMWELL: Petition of Lytle Post, No. 47, Grand Army of the Republic, of Ohio, in regard to amendment to the civil-service law-to the Committee on Reform in the Civil Service.

By Mr. BULL: Resolutions of the employees of the Brooklyn Navy-Yard, for the construction of gunboats and cruisers in Gov~ ernment navy-yards-to the Committee o::i lfarnl Affairs. _

Also, petition of clerks of the post-office at Newport, R. I., favoring the passage of Ho:ise bill No. 4351, for the clas~ification of post-office clerks-to the Committee on the Post-Office and Post-Roads.

By Mr. BURKETT: Resolutions of the Nebraska Live Stock Breeders' Association, against the anti-vivisection bill-to the Committee on the rnstrict of Columbia.

By Mr. BURTON: Petition of 8hipmasters' Association, Lodge No. 7, indorsing House bill No. 3988, for a reorganization of the Weather Bureau-to the Committee on Agriculture.

By Mr. CAMPBELL: Papers to accompany Honse bill for the relief of John Drew-to the Committee on Invalid Pensions.

By Mr. CAPRON: Petitions of clerks employed in the Westerly and Pawtucket post-offices, R. I., asking for the p9.ssage of the bill No. 4351, for the classification of clerks in the first and second class post-offices-to the Committee on the Post-Office and Pos~ Roads.

By Mr. CLARK of Missouri: Resolutions of the Merchants' Exchange and the Cotton Exchange of St. Louis, Mo., asking for the reorganization of the Weather Bureau-to the Committee on Agriculture.

Also, resolution of the Mississippi and Ohio Rivers Pilot Asso· ciation, in favor of the Wadsworth bill for the reorganization of the Weather Bureau-to the Committee on the Merchant Marine and Fisheries.

By Mr. COWHERD: Paper to accompany House bill for the relief of the heirs of J. W. Deal-to the Committee on War Claims.

By Mr. CUMMINGS: Petition of the Marine Society of New York City, for the passage of the shipping bill-to the Committee on the Merchant Marine and Fisheries.

Also, petition of 118 clerks employed in the post-office at New York City, for the classification of clerks in post-offices-to the Committee on the Post-Office and Post-Roads.

By Mr. DAHLE of Wisconsin: Petition of clerks employed in the' post-offices at Watertown and Portage, Wis., forthe classification of clerks in post-offices-to the Committee on the Post-Office and Post-Roads.

Also, petition of Edward Williams and others, of Madison, Wis., for the repeal of the stamp tax on proprietary medicines-to the Committee on Ways and Means.

By Mr. DAVIS: Petition of J. F. Welborn and 29 others, of Sanford, Fla., against the seating of B. H. Roberts, of Utah-to the Special Committee on the B. H. Roberts Case. '

By Mr. DE VRIES: Petition of druggists of Stockton, Cal.J· urging the repeal of the internal-revenue tax on proprietary medicines-to the Committee on Ways and Means. · By Mr. DOVENER: Petition of J. S. Hyer and 37 other citizens

of Braxton County, W. Va., to accompany House bill No. 1788, granting a pension to Nicholas C. Wilson-to the Committee on Pensions.

By Mr. GAMBLE: Petition of the Marine Society of New York, favoring the passage of the shipping bill-to the Committe on Merchant Marine and Fisheries.

Also, petition of the Woman Suffrage Association of South Dakota, against the insertion of the word ''male" in the constitu­tion of Hawaii, Cuba, Puerto Ri~o, and the Philippines-to the Committee on Insular Affairs.

By Mr. GARDNER ot Michigan (by request): Petition of the· Woman Suffrage Association of Michigan, asking that perfect equality of rights, civil and political, be secured to the women of Hawaii, etc.-to the Committee on Insular Affairs.

By Mr. GIBSON: Papers to accompany House bill to correct the military record of George W. Swaney-to the Committee on Military Affairs.

By Mr. GREENE of Massachusetts: Resolutions of the Spring· field, Mass., Board of Trade, favoring the passage of Bouse bill No. 887, in the interest of manufacturing and commercial indus· tries-to the Committee on Appropriations.

By Mr. HENRY of Mississippi (by request): Petition of the Woman SJ,lf!rage Association of Mississippi, for equality of rights for the women of Hawaii, Puerto Rico, Cuba, and the Philippines­to the Committee on Insular Affairs.

By Mr. HITT: Petition of E. F. Cahill, W. L. Frye, and J. W. Ballon, postal clerks of Dixon, Ill., praying for the passage of ihe bill providing for the classification of clerks in first and second class post-offices-to the Committee on the Post-Office and Post~ Roads.

Also, papers to accompany House bill granting a pension ta George W. Noble-to the Committee on Invalid Pensions. ·

By Mr. JENKINS: Petition of Belle C. Schneider and 3 others, of Chippewa Falls, Wis., favoring the passage of House bill No. 4351-to the Committee on the Post-Office and Post-Roads.

By Mr. JONES of Washington: Petition of the Woman Suf­fragists of Washington, against the insertion of the word ' male"

1900. ·· CONGRESSIONAL RECORD-HOUSE. 845

in the constitution framed for Hawaii, Cuba, Pnerto Rico, and j Also, paper to accompany Hc~use bill No. ?193, for the relief of tlle Philippines-to the Committee on Insular Affairs. I George C. Dean-to the Committee on Pens10ns.

Also paper to accompany Ho"'.lse bill No. 4245, for the relief of Also, papers in support of House bill No. 5690, for the re1ief of J, J. L. Peel-to the Committee on Claims. Jennie Blackburn Johnston-to the Committee on Invalid Pen.

By Mr. KNOX: Papers to accompany House bill No. 5155, to in- sions. creasethe pension of JamesNoonan-totheCommittee on Invalid Also, papers of Thomas H. H. Gibbs, to accompany House bill Pensions. No. 5688, for his relief-to the Committee on Invalid Pensions.

Also, petitions ofF. E. McNabb, of Lowell, Mass., and C. Her- Also, paper to accompany House bill No. 5687, for the relief of bert Webster and other citizens of the Fifth Congressional district Patrick O'Neill-to the Committee on Invalid Pensions. of Massachusetts, to repeal the stamp tax on proprietary medi- Also, papers to accompany House bill No. 5686, granting an in­cines-to the Committee on Ways and Means. · crease of pension to James J. Marcher-to the Committee on In­- By Mr. LACEY: Resolutions of a mass meeting at Keokuk, Iowa, valid Pensions. sympathizingwith the Boers in the present war-to the Committee Also, paper to accompany House bill No. 5443, granting a pen-on Foreign Affairs. sion to Elizabeth Edwards-to the Committee on Invalid Pensions.

Also, resolutions of the Ifavenport, Iowa, Business Men's Asso- Also, paper to accompany House bill No. 5194, to correct the ciation, favoring House bill No. 3988, to reorganize the Weather record of Peley T. Griffith-to the Committee on Military Affairs. -Bureau-to the Committee on Agriculture. Also, paper to accompany House bill No. 5445, granting increase

By Mr. LITTAUER: Papers to accompany House bill for the of pension to Joseph Stancliff-to the Committee on Invalid Pen­removal of the charge of desertion against Isaac S. Hodges-to the sions. Committee on Military Affairs. Also, resolution of a convention of fruit growers of California, - By Mr. LITTLE: Petitions of C.H. Andrews and others, of Fort in relation to the Nicaragua Canal-to the Committee on Inter­Smith, Ark., and C. A. llling and others, of Pine Bluff, Ark., favor- state and Foreign Commerce. ing House bill No. 4351, for the classification of clerks in post- Also, resolution of fruit growers of California, relating to rec-offices-to the Committee on the Post-Office and Post-Roads. iprocity, treaties, etc.-to the Committee on Foreign Affairs.

By Mr. LITTLEFIELD: Petitions of K. K. Rankin, Cyrus M. Also, petition of post-office clerks of San Diego, Cal., for the Dunn, and others, of Rockland and Auburn, Me., urging the pas- passage of House bill No. 4351, for the classification of post-office sage of House bill No. 4351, for the classification of post-office clerks-to the Committee on the Post-Office and Post-Roads. clerks-to the Committee on the Post-Office and Post-Roads. Also. petition of citizens of Escondido, Cal., against the seating

By Mr. LOUDENSLAGER: Petition of post-office clerks of of ,B. H. Roberts, of Utah-to the Special Committee on the B. H. Bridgeton, N. J., and of Derby, Conn .. for the passage of House Roberts Case. bill No. 4351-totheCommittee on the Post-Office and Post-Roads. Also, petition of the Chamber of Commerce of Los Angeles, in

By Mr. McALEER: Petition of Hance Bros. & White, of Phila- favor of the bill for the inspection of trees, plants, etc., imported delphia, Pa., to repeal the stamp tax on proprietary medicines- into the United States-to the Committee on Agriculture. to the Committee on Ways and Means. Also, resolution of the Fruit Growers, Shippers, and Buyers'

By Mr. McCALL: Petitions of post-office clerks of the city of Association of California, against the reduction of duty on citrus Cawbridge and North Cambridge, Mass., favoring the passage of fruits-to the Committee on Ways and Means. Honse bill No. 4351, for the reclassification of postal clerks-to By Mr. OT JEN: Resolutions of the Shipmasters' Association of the Committee on the Post-Office and Post-Roads. Milwaukee, Branch No. 6, favoring the reorganization of the

By Mr. McCLELLAN: Petition of W. B. Rogers and others, Weather Bureau-to the Committee on Agriculture. committee, for the adjustment of compensation of customs inspect- Also, resolutions of the Merchants and Manufacturers' Associa­ors at the port of New York-to the Committee on Ways and tion of Milwaukee, Wis., favoring an appropriation for the estab­Means. lisbment of a commission to investigate industrial conditions of

Also, petition of the Marine Society of the City of New York, China-to the Committee on Appropriations. urging the passage of the so-called "shipping bilP'-to the Com- By Mr. PEARCE-of Missouri: Paper to accompany Honse bill mittee on the Merchant Marine and Fisheries. for the relief of William S. Brinton-to the Committee on Claims. . Also~ petition of J nlius Laber, of New York City, relating to the By Mr. POLK: Two petitions of citizens of Pennsylvania, against stamp tax on medicines-to the Committee on Ways and Means. the seatingof B. H. Roberts, of Utah-to the Special Committee

By Mr. MARSH: Petition of John N. Reed and Reed Brothers, on the B. H. Roberts Case. druggists, of Quincy, ill., urging the repeal of the internal-revenue Also, papers to accompany House bill No. 4441, for the relief of tax on proprietary medicines-to the Committee on Ways and Samuel C. Krickbaum, of Benton, Pa.-to the Committee on lnva.· Means. lid Pensions.

Also, petition of retail merchants of Prairie City, Ill., against By Mr. POWERS: Petition of druggists of Rutland and Bran-the passage of the parcels-post bill-to the Committee on the Post- don, Vt., relating to the stamp tax on medicines, perfumery, and Office and Post-Roads. . cosmetics-to the Committee on Ways and Means.

Also, petition of the employees of the New York Navy-Yard, in By Mr. RAY of New York: Petition of William Gleason, R. A. favor of the construction of gunboats and cruisers at the Govern- Scott, and6 others, of Rochester, N. Y., for equality of rights for ment navy-yards-to the Committee on Naval Affairs. the women of Hawaii-to the Committe3 on Insular Affairs.

By Mr. MERCER: Petition of South Omaha (Nebr.) Live Stock By Mr. RICHARDSON: Various petitions of Union Veteran Exchange, protesting against the passage of House bill No. 6, camps, various Grand Army of the Republic posts, Sons of Vet­relating to the manufacture and sale of oleomargarine and kindred erans, United Confederate Veterans, and citizens of the United products-to the Committee on Ways and Means. States, urging the establisnment of a military park on the battle-

Also, resolution of the Nebraska Dairymen's Association, in re- field of Stone River, at Murfreesboro, Tenn.-to the Committee gard to tax on oleomargarine-to the Committee on Ways and on Military Affairs. Means. Also, papers in snppol't of Honse bill for the relief of Frank

By Mr. MULLER: Petition of the National Remedy Company, Rother-to the Committee on maims. relating to the stamp ta~ on medicines, perfumery, and cosmet- By Mr. ROBINSON of Indiana: Petitions of the Teachers' Son-ics-to the Committee on Ways and Means. day School Association of Fremont, Ind., and of the Epworth

Also, petition of employees of· Stapleton, N. Y., post-office, in League of Hoagland, Ind., in opposition to the seating of B. H. behalf of House bill No. 4351-to the Committee on the Post-Office Roberts, of Utah-to the Special Committee on t.he B. H. Roberts and Post-Roads. Case. · •

Also, resolution of the Thirty-third National Encampment, De- By Mr. RUCKER: Petition of citizens of Carroll County, Mo., partment of New York, Grand Army of the Republic, relating to to grant a pension to disabled soldiers in the enrolled militia of civil-service appointments-to the Committee on Reform in the the State of Missouri-to the Committee on Invalid Pensions. Civil ~ervice. Also, petition of citizens of Linn County, Mo., praying Congress

Also, resolution of employees of the New York Navy-Yard to adopt a resolution offering the friendly offices of the United Lodge, No. 171, Brotherhood of Boiler Makers and Iron Ship Build- States in securing a cessation of war in South Africa-to the Com­ers, of New York, protesting against discrimination against the mittee on Insular Affairs. NewYorkNavy-Yardingovernmental work-totheCommitteeon By Mr. SHERMAN: Petition of Bright's Chemical Company, Naval Affairs. Little Falls, N. Y .• for the repeal or modification of the internal-

Also, petition of Young People's Society of Christian Endeavor, I revenue act, especially as it relates to drugs and proprietary medi­relating to the seating of B. H. Roberts, of Utah-to the Special cines-to the Committee on Ways and Means. Committee on the B. H. Roberts Case. By Mr. SIMS: Petition of W. T. Huff and others, of Enid, Okla.,

By Mr. NEEDHAM: Petition of the employees of the San Ber- citizens of the "Cherokee Strip," in favor of the free-homes bill­nardino, Cal., post-office, urging the passage of House bill No. to the Committee on the Public Lands. 4931, for the classification of post-office clerks-to the Committee Also, petitions of S. R. Hurst, L. Lovell, M. McKeeley. and on the Post-Office and Post-Roads. others, of Tennessee, in opposition to the seating of B. H. Roberts,

Also, papers to accompany House bill No. 5444, for the relief of of Utah-to the Special Committee on the B. H. Roberts Case. Alber~ William Brush-to the Committee on Pensions. By Mr. SPERRY: Resolutions of the pro-Boer meetiw:z at New

846 CONGRESSIONAL RECORD-SEN ATE. J.ANU.ARY 16,

Haven, Conn., January 4, expressing sympathy for the peoples of the South African and Orange Free State Republics-to the Com­mittee on Insular Affairs.

Also, resolution of the employees qf the New York Navy-Yard, protesting against discrimination against that yard in govern­mental work-to the Committee on Naval Affairs.

Also, petition of citizens of Branford, Conn., for a survey of Branford Harbor, Connecticut-to the Committee on Rivers and Harbors.

Also, petition of the illinois State Association of Letter Carriers, favoring the passage of House bill No. 4911, to increase the .pay of letter carriers-to the Committee on the Post-Office and Post-Roads. . -

Also, petition of the post-office clerks of Meriden, Conn., post­office, urging the paasage of House bill No. 4931, for the classifi­cation of post-office clerks-to the Committee on the Post-Office and Post-Roads.

By Mr. SPRAGUE: Petition of clerks of Newton Center, Mass., post-office, and Back Bay Station, Boston, favoring the passage of House bill No. 4351-to the Committee on the Post-Office and Post­Roads.

By Mr. STEVENS of Minnesota: Resolutions adopted by the citizens of St. Paul, Minn., favoring arbitration of the dispute between Great Britain and the Transvaal Republic-to the Com­mittee on Foreign Affairs.

Also, resolution of the Minneapolis Trade and Labor Council, protesting against the passage of a cert3in bill to modify the letter carriers' eight hours a day law-to the Committee on the Post-0.fli.ce and Post-Roads.

Also, petition of the Woman's Suffrage Association of Minhe­sota, favoring a sixteenth amendment to the Constitution, grant­ing suffrage to women-to the Committee on the Judiciary.

Also,resolntion of St. Clair Commandery,No. 6, Union Veterans' Union, of Stillwater, Minn., protesting against the passage of House bill No. 3899-to the Committee on Ac,o-ricultUl'e.

By Mr. THOMAS of North Carolina: Petition of Edward Weth­erington, executor of Jane L. Daugherty, deceased, praying refer­ence of his war claim to the Court of Claims-to the Committee on War Claims.

By Mr. THROPP: Petition of po~ffice clerks of Johnstown, Pa., in favor of House bill JS"o. 4.351-to the Committee on the Post-Office and Post-Roads.

AlsoJ papers in support of Honse bill for the relief of David V. Evans1· of Hyndman, Pa.-to the Committee on Invalid Pensions.

By Mr. WEEKS: Petition of post-office clerks of Port Huron, Mich., favoring the passage of_House bill No. 4351, for the re­classification of postal clerks-t-0' the Committee on the Post­Ofli.ce and Post-Roads.

By Mr. WILLIAMS of illinois: Paper to accompany House bill correcting the record of Jessey Milan-to the Committee on Military Affairs.

Also, evidence to accompany House bill for the relief of Robert J, Tate-to the Committee on Invalid Pensions.

AJso, papers to accompany llonse bill for the relief of Jam es H. Grayson-to the Committee on Invalid Pensions.

Also, papers to accompany Honse bill granting a pension to Susana Mackey-to the Committee on Invalid Pensions.

Also, papers to accompany bill for the relief of S. M. Nalley­to the Committee on War Claims.

Also, papers in support of House bill to correct the military record of George A. Crisel-to the Committee on Military Affairs.

Also, evidence to accompany House bill for the relief of N. P. Greathouse-to the Committee on Invalid Pensions.

Also, papers to accompany House bill for the relief of John D. Craig-to the Committee on Invalid Pensions.

Also, papers to accompany House bill for the relief of Eliza C. Johnson-to the Committee on Invalid Pensions.

Also, papers t-0 accompany House bill for the relief of Elias Whipple-to the Committee on Invalid Pensions.

By Mr. WILLIAMS of Mississippi: Papersrelating to the claim of Mary F. Phipps, of Yazoo County, Miss.-to the Committee on War Claims.

By Mr. YOUNG of Pennsylvania: Papers to accompany House bill granting a pension to Eliza J. Noble, widow of James D. Noble, surgeon, Fifty-first Regiment Volunteer Infantry, and as­filstant surgeon, United Sfates Navy-to the Committee on In­valid Pensions.

Also, petition of the Marine Society of the City of New York, in favor of the shipping bill-to the Committee on Ways and Means.

Also, petition of George H. Wilson and-other-employees of Har­lan & Hollingsworth's Works, Wilmington, Del., relating to civil-service appointments-to the Committee on Reform in the Civil Service.

Also, petition of W. E. Hughes and other railway postal clerks of Philadelphia, Pa., favoring a bill providing for the.reclassifica­tion of the Railway Mail Service--to the Committee on the Post-0.ffice and Post-Roads.

SEN.ATE. TUESDAY, JanUa11J 16, 1900.

Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. T~e Secretary procee~ed to read the Journal of yesterday's pro~

ceedmgs, when, on motion of Mr. GALLINGER, and by unanimous consent, the further reading was dispensed wjth.

The PRESIDENT pro tempore. The Journal will, without ob­jection, stand approved.

EXECUTIVE COMMUNICA.TIONS.

The PRESIDENT pro tempore laid before the Senate a commu­nication from the :secretary of the Interior, transmitting certain information relative to a grant of land made September 25 16 9 by the Government of Spain to the Indians of the Pueblo of 'zu.ni: in the Territory of New Mexico, and recommending that the grant be formally and expressly confirmed lJy the Congress, to­gether with copies of correspondence on the subject and a tran­script of the record of the claim of these Indians from the files of the General Land Office and of a. proposed bill to confirm the title in question; which, with the accompanying papers, was re­ferred to the Committee on Indian Affairs, and ordered to be printed.

He also laid beforethe Senate a communication from the Secre­tary of the Treasury, transmitting, in response to a resolution of the 4th instant, a copy of the report of the Auditor for the War Department of the 9th instant, relative to the amount due the State of South Carolina growing out of the claim for moneys ex­pended by that State for military purposes in the war of 1812 with Great Britain, etc.; which, with the accompanying papers, was, on motion of Mr. TILLMAN, ordered to lie on the table and be printed.

He also laid before the Senate a communication from the Secre­tary of Agriculture, transmitting, in response to a resolution of the Senate of the 8th instant, certain inform.ation relative to the $50,000,000appropriated by Congress under the act approved March 9, 1896, entitled "An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June 30, 1898, and for prior years, and for other purposes," and stating that no portion of the appropriation was assigned to or expended by the Department of Agriculture; which, on motion of Mr. ALLEN, was ordered to be printed, and referred to the Committee on Agricul­ture and Forestry.

He also laid before the Senate a. communication from the Sec­retary of War, transmitting, in response to a resolution of the 13th Ultimo, a letter from the Chief of Engineers, United States Army, and accompanying copy of report of Lieut. Col. G. J. Lydecker, Corps of Engineers, relative to the number of days during the season of 1899 on which navigation was blocked by reason of an accident occurring in St. Marys River and in the St. Olah' Flats Canal, respectively, also the approximate money loss to the vessel interests by reason of such delays, etc.; which, with the accompanying papers, was i·eferred to the Committee on Com­merce, and ordered to be printed.

MESSAGE FROM THE HOUSE. A message from the House of Representatives, by Mr. W. J.

BROWNING, its Chief Clerk, announced that the House had passed the following bills; in which it requested the concurrence of the Senate:

A bill (H. R. 5042) to provide for improvements in the tax departments of the District of Columbia; and

A bill (H. R. 5297) to authorize aliens to dispose of real estate holdings in the District of Columbia. ·

PROTECTION OF COLORED PEOPLE. Mr. CULLOM. I present a petition signed by more than 3,200

colored persons, and as it is only three or fom· lines long I ask that it be read. ·

The PRESIDENT pro tempore. Without objection, the peti­tion will be read.

The Secretary_read as follows: To His Excellency William McKinley, President,

and the Congress of the United States: The undersigned, whose names are signed to this petition, would most re­

spectfully pray for the execution of such of our constitutional laws as shall protect the colored people and all citizens alike in and of these United States m life, civil and political liberty, which shall be effective in suppressing the barbarous custom of lynching and burning colored men.

Mr. CULLOM. Mr. President, I suppose the petition ought to go to the Committee on the J ndiciary, as it relates to such legis­lation as is proper in the premises. I desire to call the attention of the Judiciary Committee to it, in view of the fact that I feel interest in the question involved.

Mr. HOAR. Will the Senator from Illinois kindly have the pe­tition read again? I did not hear it.

Mr. CULLOM. The Senator from Massachusetts asks that the petition be again read, so that he may hear what it is.

The PRESIDENT pro tempore. The petition will again be read.


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