t

1878. CONGRESSIONAL RECORD-HOUSE. 2615 The PRESIDING OFFICER. The question recurs on the amend­

ment proposed by the Senator from Vermont, to strike out the second section to and including the word "metallurgy," in line 9, which will be read. ·

The CHIEF CLERK. It is proposed to strike out in section 2 the following words:

That seventy-two additional entire sections of land, not minernl, shall be, and are hereby, granted to said State of Colorado for the use and support of at least one State agricultural colleJ?;e, in which shall be tauuht such branches of learning as relate to agriculture and the mechanical arts, incfuding the theory and practice of mining and of reducing ores and extracting therefrom tlie precious metals, and such other studies aB conduce to a. thorough knowledge of mineralogy and metallurgy.

Mr. EDMUNDS. The rest of the section merely relates to the se-lection of the lands granted under the first section.

A division was called for on the amendment. Mr. EDMUNDS. Evidently we mns~ have the yeas and nays. Mr. CHAFFEE. Rather than have a call of the yeas and nays I

will let the amendment go. The PRESIDING OFFICER. By unanimous consent the amend­

ment is agreed to. The Chair hears no objection. Mr. CHAFFEE. I move to strike out the word "hereinafter," in

the seventh line of section 1, and insert the word " therein," so as to correspond with the Senator's amendment.

The amendmen~ was agreed to. Mr. SARGENT. In line 9 of section 2, after the word" selected,"

I move to insert the words "in said State." I want the land to be selected in the State and not have the grant in the shape of land-scrip to be floated in other States. But perhaps the amendment is unnec­essary.

Mr. CHAFFEE. The bill provides for that. Mr. SARGENT. I see further on in the bill that that is guarded

against. I withdraw the amendment. The bill was reported to the Senate as amended, and the amend­

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

third time, and passed. Mr. CHAFFEE. After the word "Colorado," in the title, the words

"and for other purposes" should be stricken out. The PRESIDING OFFICER. The title will be amended as sug­

gested by the Senator from Colorado, if there be no objection.

RECONSIDERATION OF A BILL. Mr. SAUNDERS. I wish to make a motion for reconsideration. I

move to reconsider the vote by which the Senate indefinitely post­poned the bill (S. No. 963) to amend the record of a naval officer, for the purpose of putting it on the Calendar. Some evidence has come to the notice of some ot us since that vote was taken, and we want the c_ase simply put on the Calendar, no action being taken now. . · The PRESIDING OFFICER. The Senator from Nebraska moves that the Senate reconsider the vote by which the bill designated by him was indefinitely postponed.

The motion was agreed to. The PRESIDING OFFICER. The bill will now be placed on the

Calendar. AMENDMENT TO POST-ROUTE BILL.

1\fr. JOHNSTON submitted an amendment intended to be proposed by him to the bill (H. R. No. 4286) to establish post-routes in the sev­eral States therein named; which was referred to the Committee on Post-Offices and Post-Roads, and ordered to be printed.

EXECUTIVE SESSION. Mr. MORRILL. I move that the Senate proceed to the considera­

tion of executive business. The motion was agreed to; and the Sena~e proceeded to the consid­

eration of executive business. After one hour and two minutes spent in executive session the doors were reopened, and (at five o'clock and twelve minutes p. m.) the Senate adjourned. .

HOUSE OF REPRESENTATIVES. WEDNESDAY, .A.prill7, 1878.

The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. W. P. HAR.rusoN.

The Journal of yesterday was read and approved.

MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SYMPSON, one of its clerks,

announced the passage of an act (S. No. 927) to authorize the con­struction of a railroad from a point at or near Bismarck to the Black Hills, in which concurrence was requested:

It further announced that in the absence of the Vice-President the Senate had chosen Hon. THOMAS W. FERRY, a Senator from the State of Michigan, President p1·o ternpO're of the Senate.

NATHAN UDELL. Mr. SAMPSON. I rise, Mr. Speaker, to a privileged question. I

wish to move to reconsider the vote by whlch House bill No. 698,

granting a pension to Nathan Udell, was laid upon the table. · All I desire is that this pension bill may be referr~d to the Committee of the Whole on the Private Calendar.

The SPEAKER. The bill is not here, and the Chair will recognize the gentleman from Iowa later in the day when the bill can be found.

ORDER OF BUSI:NESS. Mr. BLOUNT. I rise for the purpose of moving that the House

resolve itself into Committee of the Whole on the state of the Union, to proceed with the consideration of the Post-Office appropriation bill.

Mr. COX, of New York. I wish to move to go to the business upon the Speaker's table, but will yield to the gentleman from Georgi::L.

The SPEAKER. The Chair has taken a list of gentlemen applying to be recognized to ask unanimous consent, and would like to conform to that list.

Mr. REAGAN. I demand the regular order of business. I do not see any necessity for the introduction of bills when the committees are not allowed to report them back for the action of the House.

Mr. BLOUNT. I move the Honse go into committee to take up the post-office appropriation bill. ·

Mr. VANCE. Can we not have a morning hour T The SPEAKER. The only way to reach it is to vote down the

motion to go into committee. The House divided ; and there were-ayes 85, noes 93. Mr. BLOUNT demanded tellers. Tellers were ordered; and Mr. BLOUNT and Mr. Cox of New York

were appointed. · The Honse again divided; and the tellers reported-ayes 80, noes 105.

So the Honse refused to go into committee.

MORNING HOUR. The SPEAKER. The morning hour now begins at two minutes after

one o'clock, and reports are in order from the Committee on Banking and Currency.

PROHIBITION OF COINAGE OF TWENTY-CENT SILVER PmCES. Mr. BELL, from. the Committee on Banking and Currency, reported, .

as a substitute for House bill No. 85, a bill (H. R. No. 436d) to prohibit the coinage of the twenty-cent piece of silver; which was read a first and second time.

The bill, which was read, directs that from and after the passage of this act the coinage of the twenty-cent piece of silver by the Govern­ment of the United States be prohibited, and all laws in conflict here­with are repealed.

Mr. BELL. I ask that the bill be now put on its passage, and demand the previous question •

The previous question was seconded and the main question ordered; and under the operation thereof the bill was ordered to be engrossed and read a third time; and being · engrossed it was accordingly read the third time, and passed.

Mr. BELL moved to reconsider the vote by which the bill was passed ; and also moved that the motion to reconsider be laid on the table. .

The latter motion was agreed to.

POPULAR LOAN. Mr. PHILLIPS, from the Committee on Banking and Currency,

reported, as a snbstitutefor Honse bill No. 2906, a bill (H. R. No. 4395) to provide for the deposit of savings in a popular loan, and to provide for funding the national debt in home bonds convertible into cur­rency; which was read a first and second time.

The bill was read, as follows : That any bolder of lawful money or Treasury notes or coin may make deposit

thereof in any sum or sums not less than twenty-five cents at any one time, in any postal money-orderoffico of the United Stat-es, of which deposit a book-account shall be kept and a pass-book receipt given to the depositor; and when such account shall reach the snm of 10 the postmaster a.t such monoy-order office shall issue to snob depositor, free of char_ge, a postal order on the Treasury of the United. States, which sh:ill be in the form followmJI, to wit:

The United States are indebted to -----, or order, in the sum of 10, pay­able, on demand, in currency, at the post-office in --. This order will be re­ceived, after five days' notice, in exchange for the postal savings bonds of the United States at the office where issued and stamped, or at the office of the Treasurer or of any assistant treasurer, on presentation.

(Here shall run the date.)

~gi8ter ~~the TreasttnJ,

and shall be so devised and engraved aB to afford as complete security as possible against counterfeiting or imitation, and shall be printed upon paper of the kind and quality used for United States notes; and when presented in sums of $10, or any multiple of $10, shall be receivable in exchange for bonds of the United States of the kind and description hereinafter provided. And any person desiring so to do may make deposit, not exceeding $20m any one day, at any postal money-order office, and receive in exchange therefor postal orders equivalent in amount to such deposit; and such postal orders shall be transferable upon indorsement of the de­positor. .And all moneys received into postal money-order offices under the pro­visions of this act shall be accounted for by the postmasters at such offices, or, on te~ days' notice be~g given, may be refunded to depositors under rules and regu­lations to be prescnbed by the Secretary of the Treaaury and the Postmaster-Gen­eral.

SEc. 2. The bonds herein provided for shall be called the "postal savings bonds of the United States," and shall be issued by the Secretary of the Treasury, of such

2616 CONGRESSIONAL RECORD-HOUSE. APRIL 17,

form and description, and accompanying conpous, as he shall prescribe, and of the denominatious of ten. twenty, fifty, and one hundred dollars, and shall bear interest at the rate of 3.65 per cent. per annum, or one cent on each $100 for each day after its issne. And holders of the postal orders provided for in the first section of this act shall be entitled to receive, in exchange therefor, at the money-order offices where thev were issued, free of charge, after five days' notice, 3.65 per cent. bonds herein provided for to the full face value of the postal orders presented for such exchange. And said bonds shall also be issued upon application in exchange for lawful money or Treasury notes or coin at the Treasury of the United States, or at the office of any: assistant treasurer or designated depositary ; said 3.65 per cent. bonds, a~ well a~ the said postal money orders, shall be exempt from all United States, State, municipal, or other local taxation. And said bonds shall be exchangeable at par for the 4 per cent. bonds of the Unit-ed States ~uthorized to be issned by an act entitled "An act to authorize the refunding of the national debt," approved July 14, 1870; and the interest thereon shall be p_ayable every three months in currency of the United States, at the Treasury of the United States, at the office of any assistant treasurer, desi_gnated depositary, or at the money­order offices where issued : Provided however, That coupons shall only be detached from the bond at the time of payment; and all coupons redeemed at the money­order offic-es, or received ·thereat in payment of postage, or in exchange for posta~e­stamps, shall be credited to such offices the same as money in their accounts With the Post-Office and Treasury Department~. And the postal savings bonds herein provided for, on presentation at the Treasury of the United States or at the office of any assistant treasurer, shall be exchangeable for not.es of the United States, with interest computed to the day of presentation. And the postal orders pro· vided for in the first section hereof shall be redeem_able in currency on presen­tation at the offices of the Treasurer.of the United Stat.es and of the assistant treasurers, ancl at such postal money order offices as the Postmaster-General may designate for that purpose.

Sxc. 3. The names of depositors of moneys under the provisions of the first sec­tion of this act shall not be disclosed, nor the amount of their deposit, except to the proper officers of the Treasury or Post-Office Department.

SEC. 4. All moneys received into the Treasnry in pursuance of this act shall be applied exclusively to the redemption of such bonds of the United States as are redeemable at the pleasure of the United States; and the Secretary of the Treasury shall call in of such bonds those that bear the highest rate of interest at the time; and the Secretary of the Treasury is hereby authorized and directed to cause to be prepared a special issne of United States notes, identical in all respects with the legal-tender notes, which shall be a legal tender for all debts, public and private, except duties on import-s and payment of interest on p-q.blic debt, to the amount of 10 per cent. of the postal money orders and :postal savmgs bond.s actually outstand· ing, until the whole amount of such speciaJ. 1ssne shall reach the sum of $50,000,000; wliich special issue of legal-tender notes shall be used wholly and exclusively in the redemption of the postal savings bonds herein provided for, under such rules and regulations a.s the Secretary of the Treasury shall prescribe for the purpose.

SEC. 5. All expenses incurred under the provisious of this -'Ct, except as provided for by appropriations for engraving and printin~ the public securities, shall be paid out of the appropriations made by the act of July 14, 1870, for refunding the na­tional debt. And it shall be the dnty of the Secretary of the Treasury and the Postmaster-General to provide rules and regulations, and promulgate the same, to carry out the provisions of this act. And they shall require adequate security from all offic-ers whose responsibility is increased by it, and shall see that the same is increased, from time to time, as the public interests may demand.

SEC. 6. All acts and parts of acts confticting with the provisions of this act are hereby repealed.

Mr. CARLISLE. I make the point of order, Mr. Speaker, that that bill under the rnles must have its first consideration in the Committee of the Whole on the state of the Union.

Mr. PHILLIPS. · What is the gentleman's point of order f Mr. CARLISLE. That this bill must have its first consideration

in the Committee of the Whole, inasmuch as it involves an appropri­ation of money.

Mr. PHILLIPS. It does not involve an appropriation of money. Mr. CARLISLE. It provides for increased expenditure of money

by the General Government, and necessarily involves an appropria­tion now or hereafter.

Mr. PHILLIPS. To what section does the gentleman refer f Mr. BURCHARD. Sections 4 and 5 are amenable to Rule 112,

which provides that all proceedings touching appropriations of money and all bills making appropriations of money or property shall be first discussed in the Committee of the Whole House. Section 5 re­quires the payment of money out of an appropriation already made. Section 4 requires an appropriation of money; it directs how money that comes into the Treasury shall be applied. And section 2 is liable to the point of order under Rule 110.

The SPEAKER. The Chair bas only read section 5, and thinks that is sufficient. The Chair thinks the point of order is well taken, and decides t.bat this bill must have its first consideration in Committee of the Whole Honse on the state of the Union.

Mr. PHILLIPS. The Committee on Banking and Currency have directed me to report the resolution which I send to the Clerk's desk to be read. I bad intended to have it read when the bill was reported.

The Clerk read as follows: Resolved, That the substitute for House bill No. 2906 be made the special order

for May 2 and from day to day until disposed of in the House as in Committee of the Whole, not to antagonize reports from the Co""D.mittee on Appropriations and the tariif bill, and that bills of a kindred character may be offered as amendments or substitutes.

The SPEAKER. The Chair would say to the gentleman from Kan­sas that the bill is now in Committee of the Whole, and that the reso­lution ought to conform to that fact.

Mr. PHILLIPS. I ask the Clerk to make the necessary modifica­tion of the resolution. I desire to state that this bill was matured some two or three months ago by the Committee on Banking and Currency.

Mr. BURCHARD. Before the gentleman proceed~ further, I wish to suggest to him that the last part of the resolution is unnecessary, that about bills of a kindred character being offered. They would be in order to be offered under the rules.

Mr. PHILLIPS. Since this bill wn,s agreed to be reported from the c.ommittee two other bills or more have been offered, and t.be purpose

in offering the resolution and getting the special order made is that the Honse may have the privilege of voting upon all those separate measures. The committee did not desire to press to a vote this morn­ing the bill now presented. It is a subject of very great moment, one of general interest, and in its management the utmost fairness is intended for all the bills pending, so as to bring them fairly before the Hoose.

Mr. WADDELL. I hope the resolution offered will be adopted and that a day will be fixed for the consider:~.tion of aJl these measures. As the House is perhaps aware, in addition to this bill there is a bill ready to be reported by the Committee on the Post-Office and Post­Roads when it is reached in the call of committees. One bas already been reported by the Committee of Ways and Means. All bear on the same subject, and I shall be very glad if the resolution of the gen­tleman from Kansas be adopted.

Mr. BURCHARD. I agree to the proposition of the gentleman from Kansas; but I wish to offer one suggestion, or, rather, to make a par­liamentary inquiry. Is this order to be subject to prior orders f

The SPEAKER. To all prior special orders. Mr. WOOD. I ask that the resolution be again reported. The resolution was again read. · Mr. ~URCHARD. If it is the intention of the committee to make

this bill the pending proposition and that all the other propositions that have been submitted or shall be submitted shall be subordinate to that, I submit that that would not be in accordance with the pre­vious order of the House. The House has already made a special order on this subject, and if this bill or any other bill were offered as an amendment to that special order it ·could not be objected to, or if this measure should be called up there would be no objection to offer­ing any proposition germane to it ; but I hope the committee do not intend to set aside prior orders.

Mr. PHILLIPS. We do not int.end to set aside any prior order. Mr. WHITE, of Pennsylvania. What orderwill it interferewitbf The SPEAKER. All prior special orders. Mr. ROBBINS. A bill reported from the Committee of Ways and

Means on this subject bas been made a special order continuing from day to day, as I understand.

The SPEAKER. When that special order is reached, then it will be competent to amend the bill. ·

Mr. BURCHARD. I ask the gentleman from Kansas to modify his resolution so that if this bill is made the special order it shall not antagonize the bills mentioned or any prior special order.

The SPEAKE.R. The Chair would hold that it could not set aside any prior special order. Bnt the present occupant of the chair would not occupy it in the Committee of the Whole. Therefore the resolu­tion might as well embrace the fact as agreed upon.

Mr. PHILLIPS. I agree to that, and I ask the previous question on the resolution as modified.

Mr. BURCHARD. It is unnecessary to except the tariff bill. Mr. WOOD. I suggest to the gentleman from Kansas that he except

any reports from the Committee on Appropriations and the Commit­tee of Ways and Means; otherwise there might be involved a serious question whether those reports would not have a prior right to con-sideration. ~

The SPEAKER. The resolution, as modified, will be again read, so that the House may act understandingly and intelligently.

The Clerk read as follows: Resolved That substitute for House bill No. 2906 be made the special order for

May 2, and from day to day thereafter until disposed of, in Committee of the Whole on the state of the Union, not to antagonize reports from the Committee on Appro· priations or the tariff bill, nor to interfere with previous speciaJ. orders, and that bills of a kindred character may be offered as amendments or substitutes.

Mr. WOOD. I desire to include any reports from the Committee of Ways and Means.

Mr. PHILLIPS. I do not object to that. Mr. EAMES. As a member of this committee and voting against

this bill in committee and proposing to vote against it in the House, I hope that this proposition made by the gentleman from Kansas who bas the bill in charge will be agreed to unanimously by the Honse. It gives the opportunity and the only opportunity that I have seen on the floor of the Honse for debate and for amendment. But I am very willing indeed, as a member of the committee, though opposed to the bill, that it should be submitted to the judgment of the Honse.

The resolution, as modified, was adopted. Mr. PHILLIPS moved to reconsider the vote by which the resolu­

tion was adopted ; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. RESE.RVE FUND OF NATIONAL BANKS.

Mr. HARDENBERGH from the Committee on Banking and Cur­rency, reported back, with amendments, the bill (H. R. No. 3831) regulating the reserve fund of national banks; and moved that the same be referred to the Committee of the Whole on the state of the Union.

The motion was agreed to. .AME1U>MENT OF SECTION 5182 OF THE REVISED STATUTES.

Mr. HARDENBERGH also, from the same committee, reported back, with amendments, the bill (H. R. No. 2740) to amend section 5182 of

1878. CONGRESSIONAL RECORD-HOUSE. 2617 the Revised Statutes of the United States; and moved that the same be referred to the Committee of the Whole on the state of the Union.

The motion was agreed to.

COINAGE OF SILVER BULLION.

Mr. HARTZELL, from the Committee on Banking and Currency, reported a substitute for House bill No. 3780 a bill (H. R. No. 4396) to authorize the deposit of silver bullion, and to issue certificates there­for, and asked for the present consideration of the bill, and that the same be put upon its passage a.t this time.

Mr. BURCHARD. I reserve points of order upon that bill. The SPEAKER. The substitute will first be read. The Clerk read the substitute, as follows: Be it enacua by the Senate and. House of Representativea of the United. States of

America in Congress assembled., That coin-certificates of the denominations of $10 and multiples thereof up to $1,000 may, in the mode herein provided, be exchanged by the several mints and assay offices at San Francisco, Denver, Bois6 City, Car· son City, Phila~elphia, New York, and New Orleans for the net value of silver bullion deposited thereat ; and the bullion so received in exchange for said coin certificates shall at all times be held and kept on hand for the redemption of said coin certificates in silver. The silver thus deposited shall be computed in said exchange at its coinage value, at the rate of 412! grains standard silver to the dol­Jar, less the usual and lawful mint charges and tbe charges for transportation from the several assay offices to the mint for coinage, and from the latter to the assistant treasuries, respectively, at which the coin certificates shall be payable.

SEc. 2. That for bu'ifion deposited at the mints of San Francisco and Carson the coin certificates provided for in this act shall be redeemed on demand at the office of the assistant treasurer at San Francisco; and for bullion deposited at the Phil­adelphia, New York, Denver, Bois6 City, and New Orleans mints and assay offices the certificates shall be redeemed at the office of the assistant treasurer at New York. .And it shall be the duty of the Secretary of the Treasury to cause coin and mint bars to be transferred, after the said bars are stamped, as provided in the first section, to the assistant treasurers in New York and San Francisco for the redemption of the coin certificates aforesaid ; and said coin certificates shall be receivable without limit for all dues to the United States.

S.Ec. 3. That the coin certificates to be issued under this act shall be redeemed on presentation either in silver bars or silver dollars, at the option and conven­ience of the Treasury.

SEc. 4. That the Secretary of the Treasury shall cause the said certificates au­thorized by this act to be prepared and delivered to the mints and assay offices aforesaid u a part of the bullion fund, and from which fund deposits shall be exchanged as coin or coin certificates, at the option of the depositor.

SEc. 5. That the fine or standard silver bars authorized to be issued by this act shall be st.amped according to their fineness, wei~ht, and value; and the value of the silver bars shall be computed according to the1r coining value in dollars. .And the Secretary of the Treasury is hereby required to prescribe the necessary regu­lations for carrying this act into effect.

Mr. BEEBE. I make the point of order that that bill must be first considered in Committee of the Whole.

Mr. HARTZELL. I would like the gentleman to state his reasons. Mr. BEEBE. It necessitates the expenditure of money and an

appropriation. Mr. HARTZELL. Where does it provide for a.n expenditure of

moneyf Mr. BEEBE. In the engraving and issuing of the certificates there

will be a necessity for an appropr~a.tion of money. Mr. BURCHARD. I understand the gentleman from New York

[Mr. BEEBE] t.o make a point of order upon this bill. Mr. BEEBE. I do, under Rules 110 and 112. Mr. BURCHARD. I think we had better send this bill to the Com­

mittee of the Whole on the state of the Union, that it may receive fuller discussion. I would suggest that under that part of the bill which provides for the payment of these certificates they must be paid out of the Treasury, and under Rule 112 they will require an appropriation to be made, or the payment must be made out of an appropriation already made, and therefore it would be subject to a point of order. Under Rule 112 "all proceedings touching the ap­propriation of money and all bills making appropriations of money or property or requiring such appropriations to be made or authorizing the payment out of appropriations already made shall be first discussed in a Committee of the Whole House."

Then again under Rule 110, these certificates become a tax or charge upon the people; they are to be paid, they are charged upon the Treasury of the United States. The bill also provides for a change of the law in respect to the payment of dues to the United States. Lines 10 and 11 of section 2 provide that "these certificates shall be receivable without limit for all dues to the United States." It changes the law also, as it now provides for the payment of customs dues, which is a charge upon the United States, and the bill would there­fore be liable to a. point of order under Rule 110.

Mr. HARTZELL. Mr. Speaker, I do not believe this bill is subject to the point of order IQade by the gentleman from New York, [Mr. BEEBE.] The statement made by my colleague that the bill changes the law so far as the payment of customs dues is concerned, I think is rather far-fetched. Yon can pay customs dues to-day with silver dollars or with silver bullion.

Several MEMBERS. Oh, no I Mr. HARTZELL. Well, perhaps not with bullion, but yon can with

silver dollars. And the proposed certificates are based not only upon bullion but upon silver coin, and by the terms of the bill are made receivable for customs.

Mr. BURCHARD. That does not make any difference. Mr. HARTZELL. I think the same point was made on the silver

bill and was overruled. The SPEAKER. This point was not made on the silver bill. Mr. EAMES. That bill passed under a suspension of the rules.

Mr. HARTZELL. I believe, upon reflection, it was passed under a suspension of the rules.

The SPEAKER. It passed under a suspension of the rules. The Chair snstains the point of order. Section 4 of the bill is subject to the operation of the rule, and the bill is referred to the Committee of the Whole on the state of the Union.

Mr. HARTZELL. I desire to offer the resolution which I sent to the Clerk's desk, fixing a time for the consideration of the bill.

Mr. BURCHARD. The committee seem to have been advised that these bills were subject to the point of order and were prepared with resolutions.

Mr. GARFIELD. The resolution now introduced sustains the Speaker's ruling and shows that the committee expected it • .

Mr. YEATES. I do not think that the committee anticipated the point of order.

The Clerk read Mr. HARTzELL's resolution, as follows: Resolved., That the substitute for House bill No. 3780, to authorize the deposit of

silver bullion and t.o issue certificates therefor, be made the special order for the 9th day of May and from day to day until disposed of in the Committee of the Whole Honse on the state of the Umon, not to antagonize reports from the Com­mittee on Appropriations, nor reports from the Committee of Ways and Means, nor previous special orders.

Mr. BEEBE. Does this resolution provide that the bill shall be considered in Committee of the Whole f

The SPEAKER. The bill is in Committee of the Whole, and the resolution could not provide for anything else.

Mr. BEEBE. Unless it does so provide, my point is tha.t the reso-lution is not in order.

Mr. FRANKLIN. Does this resolution affect the morning hourf The SPEAKER. It has nothing to do with the morning hour. Mr. BEEBE. If it be in order, I would suggest an amendment to

provide that this order shall not interfere with the morning hour. Tho SPEAKER. It cannot interfere with the morning hour unless

such is the will of a majority of the House. The majority have at all times the right to control the business of the House; and, if they so desire, can insist upon the morning hour, as wa-s done this morning. The Honse cannot go into Committee of the Whole so as to cut off the morning hour unless such is the will of the majority. The cau­tion of the gentleman from New York [Mr. BEEBE] is, however, quite proper.

Mr. BEEBE. If it were provided in the resolution that this busi­ness should not interfere with the morning hour, then of course that hour would come on, and the matter would not be left to be deter­mined on the 9th of May.

The SPEAKER. The majority, if they wanted the morning hour, could refuse to go into Committee of the Whole. The control of the majority over the question of priority of business cannot be inter­fered with.

Mr. BEEBE. I merely ,sought an expression of the majority at this time.

The SPEAKER. On the very day named the House mi~ht go into Committee of the Whole and yet refuse to take up this bill.

Mr. FORT. I would like to o.ft"er an amendment now to be pending when the bill comes up.

The SPEAKER. The bill is in Committee of the Whole. The gentleman might have his amendment read now for informationr

Mr. FORT. I desire to have it read. Mr. HARTZELL. I will say to my colleague on the committee

[Mr. FoRT] that at the proper time I will yield for him to offer his amendment in Committee of the Whole.

The resolution was adopted. Mr. HARTZELL moved to reconsider the vote by which the reso­

lution was adopted; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. NORTHERN PACIFIC RAILROAD.

Mr. RICE, of Massachusetts, from the Committee on Pacific Rail­roads, reported, as a substitute for Honse bill No. 3066, a. bill (H. R. No. 4397) extending the time to construct and complete the Northern Pacific Railroad; which was read a. first and second time, referred to the Committee of the Whole on the public Calendar, and, with the accompanying report, ordered to be printed. . . .

Mr. MORRISON, by unanimous consent, presented m wntmg the viewso.f a minority of the committee on tbe bill just reported; which were ordered. to be printed with the report of the majority.

TEXAS PACIFIC RAILROAD.

Mr. HOUSE, from the same committee, reported a bill (H. R. No. 4398) amendatory of and supplementary to the act entitled "An act -to incorporate the Texas Pacific Railroad Company and to aid in the construction of its road, and for other purposes," approved March 3, 1871, and the several acts amendatory thereo.f and supplementary thereto; which was read a first and second time, referred to the Com­mittee of the Whole on the public Calendar, and, with the accom­panying report, ordered to be printed.

Mr. BLAIR. I a-sk leave that the views of a minority of the com­mittee, with an accompanying draft of a. bill, be ordered to be printed with the report of the majority.

There being no objection, it waa ordered accordingly. Mr. MORRISON. Dissenting as a member of the committee from

2618 CONGRESSIONAL RECORD-HOUSE. .APRIL 17,

the report of the majority, I ask consent to present my views in writ­ing to be printed with the majority report.

There being no objection, leave was granted accordingly. Mr. LUTTRELL. I also ask the privilege of having a minority

report printed on the same subject. I will present it during the day. I have it not here at present.

There being no objection, leave was granted accordingly. PACIFIC RAILWAY COMMISSION.

Mr. RICE, of Massachusetts, from the sn.me committee, reported, as a substitute for House bills Nos. 3999,4117, and 4118, a bill (H. R. No. 4399) to establish a board of Pacific Railroad commissioners; which was read a first and second time, referred to the Committee of the Whole on the public Calendar, and, with the accompanying report, ordered to be printed.

• Mr. CRITTENDEN. Would it be in order to move that this bill be made a special order for tbe lOth of May, not to conflict with appro­priation bills or other prior orders 7

The SPEAKER. It will be competent for the committee to report a resolution of that sort.

Mr. CRITTENDEN. I ask the gentleman from Massachusetts whether he will accept a motion to that effect !

Mr. RICE, of Massachusetts. I will accept a motion of that kind. Mr. CRITTENDEN. Say, then, the 15th of May, not to conflict with

appropriation bills. Mr. BLA.ill. That requires an appropriation and should go to the

Committee of the Whole. The SPEAKER. That is not the point; but the point is this: the

committee must authorize and report such a resolution. Mr. BLAIR. In that matter I wish to present the views of the

minority with the accompanying bill. The SPEAKER. The report will be received and ordered to be

printed. The committee have not made the motion referred to by the gentleman from Missouri.

Mr. CRITTENDEN. The gentleman from Massachusetts agrees to it.

The SPEAKER. The committee must authorize it. This is the morning hour for the reception of reports from committees and ex­traneous motions are not in order. · ·

AUSTIN-TOPOLOVA:MPO PACIFIC ROUTE.

Mr. THROCKMORTON, from the Committee on the Pacific Rail­road, reported back a bill (H. R. No. 112) to survey the Austin-Topo­lovampo Pacific route; which was referred to the Committee of the Whole on the state of the Union, and the accompanying report or­dered to be printed.

PACIFIC RAILROAD.

Mr. CHALMERS. I am directed by the Committee on the Pacific Railroad to report back favorably the bill (H. R. No. 4158) to alter and amend the act entitled "An act to aid in the construction of a rail­road and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, mili­tary, and other purposes," approved July 1, 1862, and also to a.lter and amend the act of Congress approved July 2, 1864, in amendment of said first-named act. I ask that the bill and report be printed. It is the identical bill which has since come from the Senate known as the Thurman funding bill.

:Mr. COX, of New York. Then I move that the Thurman funding bill which comes from the Senate be moved as a substitute for this proposition.

The SPEAKER. The Chair will ask consent. Mr. CHALMERS. I ask that that substitute be received as an

amendment and be put upon its passage. The SPEAKER. That requires unanimous consent. 1\ir. BLAIR. I shall object unless I can make a previous report. The SPEAKER. There is no difficulty about that bill if t.be House

desires to reach it. The morning hour will expire within ten minutes, when the motion to go to the business upon the Speaker's table will be in order and the Thurman funding bill can then be reached.

1\ir. CHALMERS. Then I move that the bill and report be referred to the Committee of the Whole on the state of the Union and ordered to be printed.

The motion was agreed to. SETTLEMENT OF RAILROAD GRANT LAl\'"DS.

Mr. BLAIR, from the Committee on the Pacific Railroad, reported, as a substitute for House bill No. 1230, a bill (H. R. No. 4400) to facil­itate the sale and settlement of the public lands granted to aid in the construction of railroads and lines of telegraph; which was read a first and second time, referred to the Committee of the Whole on the state of the Union, and, with the accompanying report, ordered to be printed.

:Mr. BLAIR. I move the adoption of the following resolution. The Clerk read as follows: Resolved, That the substitute for House bill No. 1230 be mrule the special order

for May 14, after the morning hour, and from da.v to day until disposed of, to be considered by the House as in Committee of tho 'Vbole, not t.o antagonize reports from the Committee on Appropriations or the Uommiltee of Ways and Means nor with previous special orders.

The SPEAKER. The Chair sug~ests the modificn.tion that it be considered in the Committee of the Whole on the state of the Union, as that is where the bill has gone.

Mr. BLAIR. No one ha.s objected to the bill. It provides for no appropriation.

The SPEAKER. The Chair thinks the bill provides for disposition of public land.

Mr. BLAIR. Not in the sense the Speaker imagines. The SPEAKER. The Speaker has no imaginat.ion about it. The

Chair goes by what is on the face of the bill. The gentleman from New Hampshire moved the reference of the bill to the Committee of the Whole on the stat.e of the Union, and the only criticism the Chair made was the resolution for the consideration of the bill should be in reference to the Committee of the Whole on the state of the Union, whero the bill has gone, and should not be in the House as in Commit­tee of the Whole.

Mr. BLA.ill. Very well. The resolution, as modified, was adopted. Mr. BLAIR moved to reconsider the vote by which the resolution

was adopted ; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

PACIFIC RAILROAD COMMISSIONERS.

Mr. RICE, of .Massachusetts. I am directed by the Committee on the Pacific Railroad to report the following resolution :

Resolved, That the substitute for House bills 2608, 3999, 4117, and 4118, to estab­lish a board of Pacific Railroad commissioners, be made the special order for the 15th of May, not to antagonize reports from the Committee on Appropriations or the Committee of Ways and Means or previoUB special orders.

Mr. PRICE. What bill is that 7 Mr. HOOSE. What is known as the prorate bill. Mr. SAMPSON. Is that the action of the committee! The SPEAKER. The Chair understood the gentleman to report it

from the committee. Mr. RICE, of Massachusetts. Yes, sir. The resolution was adopted. Mr. RICE, of Massachusetts, moved to reconsider the vote by which

the resolution was adopted ; and also moved that the motion to recon­sider be laid on the table.

The latter motion was agreed to.

CHANGE OF REFERENCE,

Mr. BRIGHT, from the Committee of Claims, reported back the fol­lowing peti•ions and bills; and the same were severally referred to the committees named, not to be brought back on a motion to recon­sider.

The petition of Davis Hatch, of Norwalk, Connecticut, for remuner­ation for losses sustained by the wrongful acts and conduct of Gen­eral Orville E. Babcock when acting as the authorized agent of the Government and of the late Executive with reference to the annex­ation of San Domingo-to the Committee on Foreign Affairs.

The petition of John W. Wright, for reimbursement on account of money loaned for the use of the levy court in the District of Colum­bia-to the Committee for the District of Columbia.

The bill ·(H. R. No. 3845) for the relief of Cyrus C. Clark, paymaster in the Army-to the Committee on the Judiciary.

The bill (H. R. No. 3936) for the relief of Elias R. Core-to the Committee on War Claims.

The bill (H. R. No. 4199) to compensate Samuel E. Ogden, of the steamers Des Arc and Emma. No. 2, for carrying the United States mail from .Memphis, Tennessee, to Devall's Bluff, Arkansas, and inter­mediate places, twice a week, from November '27, 1863, to December 31, 1~64, under peremptory orders of the officer of the United States Army then in command at the post of Memphis-to the Committee on WarClaims.

The bill (H. R. No. 3757) for the relief of John W. Hickey, of the State of Louisiana-to the Committee on War Claims.

The bill (H. R. No. 2004) for the relief of Henry C. Preuss, admin­istrator of Constantia Reeves-to the Committee on War Claims.

The petition of Dr. Mary E. Walker-to the Committee on 'Var Claims.

The petition of Charles A.. Folsom, of ·Chicago, Illinois, for relief­to the Committee on War Claims.

The petition of James Keenan, for relief-to the Committee on War Claims.

The petition of William D. Bibb, for relief-to the Committee on War Claims.

Mr. COX, of New York. Has the morning hour expired f The SPEAKER. It has.

BUSINESS OF EVENING SESSION.

Mr.l\IILLS. I wish to make a statement to the House, and to make a request for unanimous consent. At the session of the House last evening all the bills for revolutionary and invalid pensions tlw.t were on the Calendar were worked off; all of them favorably except two or three. The bills reported last night will not be ready to be printed and placed on the Calendar before to-morrow night. I now ask unan­imous consent that the session this evening be utilized by taking the Private Calendar and considering it as on objection day, that we may get rid of a number of bills that have been pending from one Congress to another.

Mr. HANNA. I think that is very fair. The SPEAKER. The gentleman from Texas asks unanimous con-

1878. CONGRESSIONAL RECORD-HOUSE. 2619 sent that the session this evening be devoted to the consideration of bills on the Private Calendar as though on objection day, the effect of which would be that a single objection would prevent the consid­eration of any bill on the Private Calendar.

Mr. WHiTE, of Pennsylvania. I object. l\lr. MILLS. I desire to appeal to the gentleman from Pennsyl­

vania to withdraw his objection. If he will attend the session this evening his objection can defeat any bill.

Mr. CONGER. Is it understood also that no bills that have already been objected to can be considered f

1\lr. ·RICE, of Ohio. I desire to say that the Committee on Invalid Pensions do not wish to give up the right the House has accorded them; but, owing to the inability of the print-ers to have the bills ready, the evening session to-night would be of hardly any avail.

The SPEAKER. The Chair begs to state, on behalf of the gentle­man from Ohio, [l\lr. RICE,] that unless the proposition of the gen­tleman from Texas is agreed to it will be unnecessary to have an evening session to-night. .

Mr. RICE, of Ohio. I hope further that the request of the gentle­man from Texas will be granted. A single objection will put over any bi11.

Mr. THOMPSON. When a bill on the Calendar has been objected to by one member, and on a subsequent day by :five, would a single objection prevent the consideration of that!

The SPEAKER. It would, because to-night is not for considera­tion. The evening session would not be treated as consideration ~~ .

Mr. FOSTER. I do not see present my colleague on the Committee on Appropriations, the gentleman from Kentucky, [Mr. DURHAM;] but he intends, if we can get the legislative appropriation bill up, to ask for an evening session to consider that to-night. I do not see him present. .

Mr. DURHAM. I am present. · :Mr. WHITE, of Pennsylvania. Do I understand a single objection

to-night will prevent the consideration of any bill f The SPEAKER. The Chair has so stated. Mr. WHITE, of Pennsylvania. Very well, with that understand­

ing I withdraw my objection. .Mr. TOWNSEND, of New York. It was not so understood last

night. The SPEAKER. Because the evening session last night was not

made objection day as against pension bills. Mr. RICE, of Ohio. I will state that in one single case last night,

that of Fairly, there bad been one objection, and then according to the rule it took :fi. ve. We acted strictly according to the rule in that case.

Mr. THOMPSON. There will be no objection, I think, if the reso­lution be put in such a form that there can be no question as to one objection being sufficient to prevent the passage of a bill.

The SPEAKER. No bill on the Private Calendar can be passed to-night under the proposition of the gentleman from Texas if there be a single ohjection thereto.

Mr. MILLS. But if the bill has been once objected to, then it can be passed unless .there be five objections.

Several MEMBERS. No! No! Mr. MILLS. Then I withdraw the proposition I made. Mr. BRIGHT. I renew the proposition. Mr. MILLS. I object.

ORDER OF BUSINESS.

The SPEAKER. The gentleman from New York [Mr. Cox] is recoguized.

Mr. WHITE, of Pennsylvania. I renew my objection. The SPEAKER. It is not necessary. The subject is not before the

House. Mr. COX, of New York. I move to go to business on the Speaker's

table. Mr. BLAIR. I rise to a parliamentary inquiry.

BUSINESS FOR EVENL.~G SESSION.

Mr. MILLS. I withdraw the objection if it is understood that the evening session shall be considered as objection day under t.be rules; that is, that a bill shall be laid aside to be favorably reported unless there be one objection when first reached or :five objections when reached tbe second time.

The SPEAKER. The Chair understands the proposition t.o be that to-night's session should be devoted to bills on the Private Calendar, as if on objection day, and not as if on consideration day.

Mr. MILLS. That is it exactly. The SPEAKER. Then a single objection as against any bill on

the Private Calendar to-night will be fatal to its consideration. Mr. MILLS. Suppose a bill is reached which has once been ob­

jected to, does it not then require :five objections to prevent its pas­sage t

The SPEAKER. The evening session is to be considered as objec­tion and not as consideration day.

1\lr. H.ICE, of Ohio. On objection day, if a bill has been once ob­jected to, then it requires five objections, if again reached, to prevent its passa.ge.

Mr. WHITE, of Pennsylvania. I renew my objection unless there is a distinct understanding on this subject.

Several members called for the regular order.

PACIFIC RAILROAD COMMISSION.

Mr. BLAIR. I rise to make a parliamentary inquiry. I wish to call attention to the disposition of what is known as the p1·o mta bill reported by the Committee on the Pacific Railroad, and which I un­derstand has been made a special order for the 15th of May. At the time when that was proposed I objected to its bein~ done. I under­stand that the committee have consulted upon this floor, and that with the assent of a majority that order has been made. I am op­posed to it.

The SPEAKER. That was a report made in the morning hour, and the morning hour has passed by.

Mr. BLAIR. I ask if an entry has been made contrary to the un­derstanding as announced in the Honse, and I wish to know whether that can be done properly or not.

The SPEAKER. The Chair will cause the entry on the Journal to be read. The gentleman rises, it seems, to a question of privilege, and states that something has been done that was not agreed to be done.

Mr. BLAIR. If the Chair pleases, I will state in a few words all there is in this matter. I do not rise to make any captions objection or to :find fault. I wish to know what the right is in this matter. It will be recollected that when the bill was reported some gentlemen wanted to make it a special order for the 15th of May. I objected t.o that being done. The Chair stated to the Honse that it could only be done by virtue of a resolution reported from the committee itself. There was no opportunity for any meeting of the committee and there could be no such resolution agreed to. The matter passed, my under· standing being that there was no special order made. I learn now that by private consultat.ion between members of the committee, to which I was not made a party, and by consent thus obtained, the en­try has been changed on the Journal, and the bill has been made a special order for May 15. r

The SPEAKER. Nothing has been entered on the Journal that did not take place in the Honse. If a gentleman in his capacity as a member of his committee rises and states that the resolution he pre­sents is offered by the direction of the committee, the Chair cannot dispute his word.

Mr. BLAIR. I would like to know if the Journal shows that any such statement was made by any member of the committee. I would like to have the Joirrna.l read.

The SPEAKER. The Journal shows that the resolution, which will now be read, was reported from the committee and agreed to by the Honse..

The Clerk read as follows: Resolved, That the substitute for House bill No. 3999 be ~ade a special or?e~ for

the 15th of May, not to antagonize reports from t~e Comlll1:ttee on .Appropnations and the Committee of Ways and Means and preVIous specw.l orders.

Mr. BLAIR.' What does the Journal show! The SPEAKER. It shows that it was reported from the committ-ee

and adopted by the House. Mr. BLAIR. I state as a matter of fact that it was done without

my knowledge, and every member of the commit~e knew of my presence and of my objections. I did not hear anythmg that tra_ns­pired in open House of that description whatever, and I was paymg close attention.

The SPEAKER. The gentleman from Massachusetts stated, i~ the Chair recollects aright, that the resolution was offered by the direc­tion of the committee.

Mr. RICE, of Massachusetts. I did. The SPEAKER. The gentleman reaffirms that statement, and the

Chair has nothing to do with the matter further. · Mr. RICE, of Massachusetts. By the authority of the c?mmittee,

obtained upon the floor of the House, I offered the resolutwn. The gentleman from New Hampshire was con~nlted, and dec~in~d to con­cur with the other members of the committee, but a maJonty of the committee authorized the report. .

Mr. BLAIR. I wish to say in reply to the suggestion of the gentle­man from Massachusetts that the committee was consulted, and that I was consulted as a member of the committee; that all that occurred as a matter of fact was this: I stood in my place waiting to offer a report, and the gentleman from Massachusetts desired me not to o~­ject to this bill being made a special order o~ the 15th of May. I dtd not withdraw my objection, aud no suggestiOn was J?ade to me of any consultation with other members of the committee or of any action of the committee at all.

The SPEAKER. The Chair has nothing to do with the subject beyond his duty to submit the motion.

1\-fr. BLAIR. How could a committee sit during the session of the Honsef

The SPEAKER. That is for the committee to determine. No point of order was raised by any one.

1\IESSAGE FRO)l TilE SENATE.

A message from the Senate, by Mr. SYMPSON, one of its clerks, announced that the Senate had passed a bill of the following title; in which he was directed to ask the concurrence of the House:

A bill (S. No. 655) to incorporate the Cheyenne and Black Hills Railroad and Telegraph Company.

The message further announced that'"the Senate had passed the following resolution; in which the concurrence of the House was requested:

Resolved (the House of Reprr.sentativcs concurring,) That the President of the Senate and the Speaker of tho Houso of Repr~entatives be, aud they are hereby,

2620 CONGRESSIONAL RECORD-HOUSE. APRIL 17,

directed to adjourn their respective Houses without day on Monday, .June 10, .A. D. 1878, at twelve o'clock noon. ·

ORDER OF BUSINESS.

Mr. O'NEILL. I would ask the Honse to proceed to the considera­tion of the resolution just received from the Senate providing for adjournment sine die.

The SPEAKER. The Chair recognized the gentleman from New York, [:Mr. Cox.]

Mr. O'NEILL. I was recognized just now by the Chair. The SPEAKER. The gentleman from New York [Mr. Cox] had

been previously recognized before the gentleman from New Hamp­shire [Mr. BLAIR] rose.

Mr. O'NEILL. I move that we proceed to the consideration of the resolution which baa ,inst come from the Senate.

The SPEAKER. There is a motion pending to proceed to business on the Speaker's table, as made by the gentleman from New York, [Mr. Cox.1

Mr. WHITE, of Pennsylvania. I rise to a parliamentary inquiry. What is the business to be transacted by the House at the session to­night f

The SPEAKER. The Chair is unable to answer that question, be­cause he is apprised that there will not be ready to-night any further business of the character for which the night session was appointed ..

Mr. O'NEILL. I rise to a question of privilege. Mr. BEEBE. I rise to a parliamentary inquiry. The resolution

referred to by the gentleman from Pennsylvania [Mr. O'NEILL] hav­ing been received from the Senate, does it not go the Speaker's table, and is not the only way to reach it by the motion of the gentleman from New York, [Mr. Cox f]

The SPEAKER. There cannot be two motions pending at the same time. The Chair has recognized the gentleman from New York, [Mr. Cox.]

Several members called for the regular order. The SPEAKER. The House will come to order. Mr. O'NEILL. I presume that if we go to the Speaker's table the

adjournment rt~solution may be reached. T~e SPEAKER. The gentleman will suspend until order is re­

stored. Mr. COX, of New York. I do not yield to thb gentleman from

Pennsylvania. The SPEAKER. The gentleman from New York [Mr. Cox] moves

that the Hoose proceed to the consideration of business on the Speak­er's table.

The motion waa agreed to. Mr. O'NEILL. I now move to take up the adjournment resolution

which has come from the Senate. The SPEAKER. The business on the Speaker's table will be pro­

ceeded with in order under the rule. GOVERNMENT PROPERTY, WAI.LABOUT BAY, NEW YORK.

The first business on the Speaker's table was a letter from the Act­ing Secretary of the Navy, inclosing a copy of the report of the com­mission appointed under the act of Congress approved February 26, 1877, entitled "An a{}t to provide for the sale or exchange of a certain piece of land in Wallabont Bay, State of New York, to the city of Brooklvn."

Mr. WILLIS, of New York. I move that this communication be referred to the Committee on Naval Affairs.

The motion w-as agreed to. The SPEAKER. The next business in order under the rule is Sen­

ate bil1s with House amendments; but there are no bills of that char­acter on the table. The next order is House bills with Senate amend­ments.

THOl\IAS W. COI.LIER.

The next business on the Speaker's table was the amendments of the Senate to the bill (H. R. No. 2291) for the relief of Thoma-s W. Collier.

The amendments of the Senate were read, as follows: Strike out "$1,086.25" and insert" $938.72," so as to read: "That t-he sum of $938.72

to reimburse Thomas W. Collier, postmaster at Coshockton, Ohio, for postage­stamp!!, " &c.

Strike out the words "postage-stamp fund." Mr. CARLISLE. I move that the amendments of the Senate be

concurred in. The motion was agreed to. Mr. CARLISLE moved to reconsider the vote by which the amend­

ments of the Senate were concurred in; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. W. C. SNYDER.

The next business on the Speaker's table waa the amendments of the Senate to the bill (H. R. No. 536) for the relief of W. C. Snyder, of Illinois.

The amendments were read, ·as follows: St-rike out "four hundred and fifty-<me" and insert "three hundred and ei..,.hty­

one," so as to read: "and the further sum of $381 on his general account, being the amount of postage-stamps and stamped envelopes burned by the destmction of his office by fire," &c.

Strike out the words" and funds of the United States stolen." Mr. CARLISLE. I move that these amendments be concurred in. The motion was agreed to.

Mr. CARLISLE moved to reconsider the vote by which the amend­ments were concurred in; and also moved that the motion to recon­sider be laid on the table.

The latter motion was agreed to. PUBLIC BUILDING AT KANSAS CITY, MISSOURI.

The next business on the Speaker's table was the amendments of the Senate to the bill (H. R. No. 3712) to provide for the erection of a public building in the city of Kansas, in the State of Missouri.

The amendments were read, aa follows : Strike out in lines 11, 12, and 13, the words "release and relinquish to the United

States the right to tax or assess said site, or the propertr, thereon, during the time the United Stat-es shall be or remain the owner thereof; 'and insert the following:

Cede to the United States exclusive jurisdiction over the same during the time the United States shall be or remain the owner thereof, for all purposes except the administration of the criminal laws of said Stat-e, and the service of any civil pro­cesses therein.

Add the following as a new section: SEc. 2. That the sum of $100,000 be, and the same is hereby, appropriated out

of any money in the Treasury not otherwise appropriated, to be used and expended toward the construction of said building.

Mr.,. FRANKLIN. I move that the Honse concur in these amend­ments of the Senate.

The motion wa-s agreed to. Mr. FRANKLIN moved to reconsider the vote by which the amend­

ments were concurred in; and also moved that the motion to recon­sider be laid on the table.

The latter motion was agreed to. ADJOURNMENT OF CONGRESS SINE DIE.

The next business pn the Speaker's table was a concurrent resolu­tion from the Senate; whioh was read, aa follows:

lN THE SENATE OF THE UNITED STATES, April17, 1878.

Resolved, (tlte HoWle of Repregentatives concurring,) That the President of the Senate and the Speaker of the House of Representatives be, and they are hereby, directed to adjourn their respective Houses without day on Monday, .Jnne 10,1878, at twelve o'clock noon.

Mr. WOOD and Mr. O'NEILL addressed the Chair. The SPEAKER. The Chair recognizes the gentleman from New

York. .Mr. WOOD. Under Role 54, I move the reference of this resolution

to the Committee of Ways and Means. Mr. O'NEILL. As an amendment to the gentleman's motion, I

move that the House now proceed to the consideration of the resolu­tion, and on that I call the previous question.

Mr. WOOD. On my motion I demand the previous question. The SPEAKER. The sense of the House can be tested very read­

ily. The gentleman from New York [Mr. WooD] moves that the concurrent resolution of the Senate just read be referred to the Com­mittee of Ways and Means, and on that motion he demands the pre­vious question.

Mr. O'NEILL. I rose to move (and I presumed the Chair would recognize me) that the Honse proceed to the consideration of the resolution.

The SPEAKER. The Chair recognized the gentleman who repre-sents the committee usually having charge of this snbject. .

Mr. O'NEILL. I presume to be able to say that the business of this country can be finished in Congress by the lOth of J nne in spite of the chairman of the Committee of Ways and Means or the Speaker of this House, or the chairman of any committee of the House. [Cries of "Order!"]

Mr. CARLISLE. Under the rules of the House the vote must first be taken on the motion of the gentleman from New York.

The SPEAKER. · Undoubtedly. Mr. O'NEILL. I claim that I rose in my seat and the Speaker

recognized me. The SPEAKER. The gentleman may have risen in his seat, bot

there are proprieties in legislative bodies which must not be forgot­ten, and the Chair has only conformed to them in recognizing the chairman of the Committee of Ways and Means.

Mr. O'NEILL. I consider the proprieties rest with me as much as with any other member of the House, whether the chairman of the Committee of Ways and Means or any other.

The SPEAKER. The Chair conforms to the uniform parliamentary practice in recognizing the chairman of the Committee of Ways and Means to have charge of this subject and to make the motion he baa made.

Mr. O'NEILL. I hope, then, the motion will be voted down. The question recurred on seconding the demand for the previons

question. The House divided; and there were-ayes 112, noes 105. So the previous question was seconded. Mr. WIDTE, of Pennsylvania, demanded tellers, and Mr. KILLINGER demanded the yeaa and nays on ordering the main

question, bot subsequently withdrew the demands. The main question was ordered to be now put. Mr. TOWNSEND, of New York, and Mr. KILLINGER demanded

the yeas and nays. • The yeas and nays were ordered. Mr. WOOD. I ask the Speaker to state to the House on what it is

the House is now called to vote. The SPEAKER. It is on the motion to refer the concurrent reso-

1878. CONGRESSIONAL RECORD-HOUSE. 2621 lotion from the Senate providing for adjournment sine die on the lOth of June to the Committee of Ways and Means. ·

Mr. WOOD. Under Rule 54. :Mr. KILLINGER. If this is voted down, the question will then

recur on the resolution of the Senate. Mr. O'NEILL. I desire the Speaker to state to the House if the mo­

tion to refer is voted down that the House then proceeds to vote on the resolution.

The SPEAKER. Of course the members of the Honse understand the practice.

Mr. O'NEILL. The members of the House understand a great deal, but the Speaker understands more; and if he can give notice to the House for the chairman of the Committee of Ways and Means, he can give it at my request. I give it, if he does not, that if the motion to refer is voted down the question then comes up on adopting the concurrent resolution of the Senate.

Mr. WOOD. I call the gentleman to order. Mr. WILLIS, of New York. I callfortheregularorderof business. Mr. McMAHON. I desire to make a parliamentary inquiry, and it

is this: whether, if this House concur in the resolution of adjourn­ment sine die, it can subsequently rescind its action, and whether, on the contrary, it does not put the House in the hands of the Senate. .

The SPEAKER. The Chair declines to instruct the House in this respect.

Mr . .McMAHON. I wish gentlemen to understand that is the fact. The question was taken; and it was decided in the negative-yeas

107, nays 139, not voting 45; as follows: YEAS-107.

.Acklen, Douglas, Hewitt~ G. W. Robbins, Banning, Dutha~ Hooker, Robertson, Bell, Eickho Honse, Scales, Bicknell, :~· Hunton, Schleicher, Blackburn, Jones, James T. Singleton, Blount, Evins, John H. Kenna, Slemons, Boone, Ewing, Kimmel, Smith, William E. Bra~, Felton, Knapp, Southard, Brig t, Forntlk Knott, Springer, Burchard, Fran · , Landers, Steele, Cabell, Garth, Ligon, Stenger, Caldwell, John W. Gause, Maish, Swann, Candler, Gibson, Manning, Throckmorton, Cannon, Gidilings, Martin, Tucker, Carlisle, Glover, McKenzie, Turner, Chalmers, Goode, McMahon, Vance, Clark of Missouri, Gunter, Mills, Waddell, ClarkeofKentucky, Hamilton, Money, Whitthorne, Cobb, Harris, Henry R. Morgan, Wi~rginton, Cook, Harris, John·T. Monison, Williams, A. S. Covert, Harrison, Muldrow, Williams, James Cox, Samuel S. Hartri~e, Muller, Willis, AlbertS. Cravens, Hartze , Phillips, Wilson, Urittenden, Hatcher, Rea, Wood, Culberson, Henry, Reagan, Yeates, David on, Herbert, . Rice, Americus V. Young. Dibrell, Hewitt, Abram S. Riddle,

NAYS-139. Bafley, Denison, Keightley, Rice, William W. Ba er, JohnH. Dicke~, Kelley, Robinson, G. D. Baker, WilliamH. Dunne l, Xetcha.m, Robinson, .M. S. Ballou, Dwight, Killinger, Ross, Banks, Eames, Lapham, Ryan, Bayne, Errett, Lathrop, Sampson, Beebe, Evans, L Newton Lindsey, Sa~ ~~ee, Evans, James L. Loring, S enberger,

Finley, Luttrell, Sinnickson, Blisa: Fort, Lynde, Smalls, Bouck, Foster, Mackey, Smith, A. Herr Brewer, Fr~e, Marsh, Sparks, Bridges, Fn ler, McCook, Starin, Briggs, Gardner, McKinley, Stewart, Browne, Garfield, .Metcalfe, Stone, Joseph C. Bundy, Hale, Mitchell, Strait, Cain, Hanna, Monrpe, Thompson, Calkins, Hardenbergh, Morse, Thornburgh, Camp, Harmer, Norcross, Townsend, Amos Campbell, Harris, Benj. W. Olivili Townsend, .M. L Caswell Hart, O'Ne·, Turney, Chittenden, Haskell, Overton, Van Vorhes, Claflin, Hayes, Page, Wait, Clark, Rush Hendee, Patterson, G. W. Walsh, Cl~er, Henderson, Peddie, Watson, Co e, Hiscock, Phelp~ White, Harry Collins, Hubbell, Pollar , Williams, Andrew Cou~er, Hungerford, Pound, Williams, C. G. Cox, Jacob D. Hunter, Powers, Williams, Jere N. Crapo, • Ittner, Price, Williams, Richard Cummings, James, Pu~h, ;w~1:sBenj. A. Cutler, Jones, John S. Raine~, Danford, Jorgensen, Rando ph, Wren,' Davis, Horace Joyce, Reed, Wright. Deering, Keifer, Reilly,

NOT VOTING-45. Aiken, Caldwell, W. P. May ham, Stone, John W. Aldrich, Clark, Alvah A. McGowan, Tipton, Atkins, Davis, JosephJ. Neal, Townshend, R. W. Bacon, Dean, Patterson, T. M:. Veeder, Benedict, Eden, Potter, Walker, Bland, Ellsworth, Pridemort\ Ward, Boyd, Freeman, Quinn, Warner, Brentano, Hazelton, Roberta, Welch,

~~~;!~~ Henkle, Sayler, White, Michael D. Humphrey, Sexton,

Burdick, Jones, Frank Shelley, Butler, Lockwood, Stephens,

So the motion was disagreed to. During the vote, .Mr. DAVIS, of North Carolina, said : I am paired with the gentle­

man from .Michigan, [Mr. ELLSWORTH.] If he were here, I would vote" ay." .My colleague, Mr. BROGDEN, is confined to his room by sickness .

.Mr. ROBERTS. I am paired with .Mr. STom:, of .Michigan. .

.Mr. COVERT. I desire to announce that my colleague, Mr. ?.lAY­HAM, is paired with the gentleman from Wisconsin, Mr. HUMPHREY. I am advised that if Mr . .MA YHAM was present he would vote " ay ." I am not instructed as to how .Mr. HUMPIIREY would vote if present. I desire also to announce that my colleague, Mr. VEEDER, is detained at his home by serious illness.

Mr. YOUNG. My colleague, Mr. CALDWELL, is absent by leav-e of the Honse. On all political questions he is paired with the gentle­man from Pennsylvania, Mr. FREEMAN. I do not know how either of them would vote on this question.

Mr. HARRIS, of Virginia. .My colleague, Mr. PRIDEMORE, is de­tainecl from the Honse by the severe illness of his wife.

Mr. CALKINS. I am paired with Mr. CLARK, of New Jersey. If he were present, I would vote "no."

Mr. LATHROP. My colleague, Mr. ALDRicH, is paired with .Mr. EDEN.

.Mr. SAMPSON. My colleague, Mr. BURDICK, is paired with Mr. BENEDICT. If .Mr. BURDICK were here he would vote "no."

.Mr. PATTERSON, of Colorado. I am pairedwith Mr. WHITE, of Indiana. If he were present, I would vote" ay."

Mr. HAZELTON. I am paired · with Mr. SHELLEY. If he were present, I would vote "no."

Mr. WARD. On all political questions I am paired with Mr. AIKEN, of South Carolina.

Mr. CALKINS. On consultation with the New Jersey delegation I desire to vote. I vote "no."

The result of the vote was then announced as above recorded. Mr. WOOD. I move to postpone the consideration of the resolu-

tion till the third Monday of .May. . Mr. WRIGHT. I move to postpone the consideration of the sub­

ject till this day week. Mr. WOOD. Very well; I will offer my proposition as an amend­

ment to that of the gentleman from Pennsylvania. Mr. O'NEILL. Referring to the word "proprieties," used by the

Speaker a few moments ago when I was attempting, as I supposed, to hold the floor, (for I considered I had it,) I think the Speaker is bound to recognize me; and I desire to move the previous question on concurrence in the resolution of the Senate.

The SPEAKER. The Chair will direct Rule 42 to be read. The Clerk read Rule 42, as follows: When a question is under debate, no motion shall be received but to adjourn, to

lie on the table, for the previous question, to postpone to a day certain, to commit or amend. to postpone indefinitely; which several motions shall have precedence in the order in which they are arranged ; and no motion to postpon~ to a day cer­tain, to commit, or to postpone indefuiitely, being decided, shall be again allowed on the same day and at the same stage of the bill or proposition.

The SPEAKER. The Chair directs also to be read a paragraph from page 277 of the .Manual.

The Clerk read as follows: The previous question shall be in this form : "Shall the main question be now

put!" It shall only be admitted when demanded by a ~ority of the members pres· ent; and its effect shall be to put an end to all debate, (except that the member re­porting the measure under consideration may close the debate-Journal, 1, 31, p. 1056-and the every-dar. I?raetice since,) and to bring the House to a direct vote upon a motion to comnut, 1f such motion shall have been made; and if this motion does not prevail, then upon amendments reported by a committee, if any ; then upon pending amendments, and then upon the main question. But its only effect, if a motion to postpone is pending, shall be to bring the House to a vote upon such motion. Whenever the House shall refuse to order the main question, the con· sideration of the subject shall be resumed as though no motion for the previous question had been made. The House may also, at any time, on motion seconded by a maJority of the members present, close all debate upon the pending amendment or an amendment thereto, and cause the question to be put thereon ; and this shall not preclude any further amendment or debate upon the bill A call of the House shall not be in order after the previous question is seconded, unless it shall ap. pear, upon an actual count by the Speaker, that no quorum is present.-.Rule 132.

The SPEAKER. The Clerk will read another paragraph from the Manual.

The Clerk read as follows : The previous question is exhausted by an affirmative vote on a motion to refer,

and upon a reconsideration of said vote the question stands divested of the previ· ous question.

The SPEAKER. The practice of the House is that if the affirm­ative vote had prevailed, then the question would have been divested of the previous question. But the affirmative vote not having pre­vailed, then the question is not divested of the previous question ; the previous question i5 still operating and the question is on concur­rence.

Mr. WOOD. Is it in order to move to postpone! Many MEMBERS. Regular order I Mr. SPRINGER. I move to lay the whole subject on the table. Mr. WOOD. I desire to ask the Chair whether a motion to post-

pone the consideration of the Senate resolution is in order f Mr. O'NEILL. I call the gentleman to order. The SPEAKER. In reply to the question of the gentleman from

2622 CONGRESSIONAL RECORD-HOUSE. APRIL 17,

Now York the Chair thinks that such a motion would not be in order. When a motion has been made to refer and the previous question ordered thereon, and then the affirmative failed, the previous ques­tion runs to the resolution.

Mr. SPRINGER. I move to lay the whole subject on the table. Mr. THOMPSON. I call for the regular order. Mr. WRIGHT. I move to reconsider. The SPEAKER. Reconsider whatf

. Mr. WRIGHT. To reconsider the vote just taken; and upon that I wish to say something.

The SPEAKER. The gentleman from Pennsylvania moves to re­consider the vote just taken. Did the gentleman vote with the ma­jorityf

Mr. WRIGHT. I did. Mr. GARFIELD. And I move to lay the motion to reconsider on

the table. Mr. WOOD. The gentleman from Pennsylvania is right. Mr. WRIGHT. I am not right, if you say so. [Laughter.] The SPEAKER. The gentleman from Pennsylvania [Mr. WRIGHT]

moves to reconsider the vote by which the House refused to refer the resolution and the gentleman from Ohio [Mr. GARFmLD] moves to lay that motion on the table.

Mr. CARLISLE. Upon that motion I ask for the yeas and nays. Mr. SPRINGER. Is it in order to move to postpone the considera-

tion of the whole subject f Many members called for the regular order. 1111·. SPRINGER. This is the regular order. The SPEAKER. There is a motion pending to lay on the table the

motion to reconsider. Mr. SPRINGER. Is it not in order to move to postpone the consid­

eration of the whole subject f The SPEAKER. Not w bile the question is pending to lay on the

table tho motion to reconsider. Mr. CLYMER. I rise to a parliamentary inquiry. If the motion

to lay on the table prevails, does it carry the whole subject with itT The SPEAKER. It merely carries the motion to reconsider, and

clinches the vote by which the House refused on the motion of the gentleman from New York to refer.

The question being taken on ordering the yeas and nays, there were ayes 62; a sufficient number.

So the yeas and nays were ordered. Mr. BEEBE. I desire to make a parliamentary inquiry. If this

motion prevails, will the question recur on the proposition to concur in the resolution of the Senate T

Mr. SPRINGER. I move that the House do now adjom'D.. Mr. CHALMERS. Mr. Speaker, I desire to move that the House

do now adjourn. The SPEAKER. That motion has just been made by the gentle­

mail from Illinois, [Mr. SPRINGER.] The question being taken on Mr. SPRINGER's motion, the Speaker

announced that in the opinion of the Chair the "noes" had it. Mr. BEEBE. I desu:e to make a parliamentary inquiry. The

pending proposition being to fix the day of adjournment, does not that take precedence of a motion to adjourn f .

The SPEAKER. The motion to adjourn is always in order. Under Rule 42 it takes precedence of all other motions.

M.r. SPRINGER. This concurrent resolution is to fix the day of the adjournment of Congress, not of this House.

The SPEAKER. Not of this House; it is for the joint action of the two Houses.

Mr. SPRINGER. I as~ for the yeas and nays on the motion to adjourn. .

The yeas and nays were ordered. The question was taken; and there were-yeas 87, nays 146, not

voting 58 ; as follows: YEAS-87.

Banning, Elam, Bell, Ellis, Bicknell, Evins, John H. Blackburn, Ewing, Blount, Felton, Boone, Forn~y1 Bragg, Frank.lin, Blight, Garth, Cabell, Gause, Caldwell, John W. Gibson, Candler, Giddings, Carlisle, Glover, Chalmers, Goode, Clark of Missouri, GUllter, Clarke of Kentucky, Harris, Heney R. Cobb, Harris, John T. Cook, Harrison, Cravens, Hartri<!ge, Culberson, Hartzell, Davidson, Hatcher, Dibrell, Henry, Eickhoff, Hooker,

House, Hunton, Jones, James T. Kenna, Knapp, Knott, Ligon, Mackey, Maish, Manning, Martin, McKenzie, McMahon, Mills Money, Morrison, Muldrow, Muller, Rea, Reagan, Rice, Americus V. Riddle,

NAYS-146. Bagley, Baker, John H. Baker, William H. Ballou, Banlts, Bayne,

Beebe, Bisbee, Blair, Bliss, Bouck, Brewer,

Bridges, Briggs, Browne, Bundy, Burcliard, Cain,

Robertson, Scales, Schleicher, Singleton, Slemons, Smith, William E. Springer, Steele, Stenger, Throckmorton, Tucker, Turner, Vance, Waddell, Whitlhorne, Wigginton, Williams, A. S. Williams, Jere N. Willis, Albert S. Wood, Yeates.

Calkins, Camp, Campbell, Cannon, Caswell, Chittenden,

Claflin, Clark, Rush Clymer, Cole, Collins, Conger, Covert, Cox, Jacob D. Cox, Samuel S. Crapo, Crittenden, Cummings, Cutler, Danford, Davis, Horace Deering, Deirlson, Douglas, Dunnell, Durham, Dwight, Eames, EITett, Ev·ans, L Newton Evans, James L. Finley, Fort, Foster, Frye, Fn1ler, Gardner,

Garfield, Hamilton, Hanna, Hardenbergh:, Harmer, Harris, Benj. W. Hart, Haskell, Ha.yes, Hendee, Henderson, Hewitt, AbramS. Hewitt, G. W. ffiscock, Hubbell, Hungerford, Hunter, Ittner, James, Jorgensen, Joyce, Keifer, Keigh.tley, Kelley, Killinger, Landers, Lapham, Lathrop, Lindsey, Loring, Luttrell,

Marsh, McCook, McKinley, Metcalfe, Mitchell, Monroe, Morse, Norcross, Oliver, · O'Neill, Overton, Pattetson, G. W. Peddie, Phelps, Phillips, Pollard, Pound, Powers, Price, Pugh, Rafuey, Randolph, Reed, Reilly, Rice, William W. Robbins, Robinson, G. D. Robinson, M. S. Ross, Ryan, Sampson,

NOT VOTING- 58.

Acklen, Davis, Joseph J. Lockwood, Aiken, Dean, Lynde, Aldrich, · Dickey, May ham, Atkins, Eden, McGowan, Bacon, Ellsworth, MN~_r~n, Benedict, Freeman, tm1, Bland, Hale, Page, Boyd, Hazelton, Patterson, T. M. Brenta.no, Henkle, . Potter, Brogden, Herbert, Pridemore, Buckner, Humphrey, Quinn, Burdick, Jones, Frank Roberts, Butler, Jones, JohnS. Sayler, Caldwell, W. P. Ketcham, Sexton, Clark, Alvah A. Kimmel, Shelley,

So the House refused to adjourn.

S..·lpp, Shall en berger, Sinnickson, Smalls, Smith, A. Herr Sparks, Starin, Stewart, Stone, Joseph C. Strait, Thompson, Thornbur.,gh, Townsend, Amos Townsend, M. I. Turney, Van Vorhes, Wait, Walsh, Ward, Watson, Welch, White, Harry Williams, Andrew Williams, C. G. ;Hhtms, Richard WilsoU: Wren, Wright.

Southard, Stephens, Stone, John W. Swann, Tipton, Townshend, R. W. Veeder, Walker, Warner, White, Michael D. Williams, James Willis, Benj. A. Young.

During the roll-call the following announcements were made: Mr. BREWER. My colleague, Mr. STONE, is paired with Mr. ROB·

ERTS, of Maryland. If here, my colleague would vote "no" and Mr. ROBERTS would vote" ay." .

Mr. LATHROP. I desire to state that Mr. ALDRICH is paired with Mr. EDEN.

:Mr. SAMPSON. I desire to state that Mr. BURDICK is paired with Mr. BENEDICT. If here, Mr. BURDICK would vote " no."

:Mr. PATTERSON, of Colorado. I desire to announce that I am paired with Mr. Wmrn, of Indiana.

Mr. POUND. I desire to state that Mr. HAzELTON is paired with Mr. SHELLEY, of Alabama.

Mr. MAISH. I am request-ed by Mr. AcKLE~, of Louisiana, to an· nounce that he is paired with Mr. THOR:J\~URGH, on this question.

Mr. THORNBURGH. No; he is paired with me on concurring in the resolution of the Senate, but on no other question.

.1\Ir. MAISH. I only make the announcement that I was requested to make. .

Mr. DAVIS, of North Carolina. I am paired with Mr. ELLSWORTH. My colleague, Mr. BROGDEN, is detained from the House by sickness. If present, he would vote "ay."

Mr. JONES, of Ohio. I am paired with Mr. YoUNG. The result of the vote was then announced as above stated. Mr. CLARK, of Missouri. I move that when the House adjourns

to-day it adjourn to meet on Friday next. Mr. BEEBE. The previous question has been ordered and I make

the point of order that no further motion to adjourn is in order. Several MEMBERS. Oh, yes, it is. The SPEAKER. The previous question does not cut off motions to

adjourn. Mr. PRICE. Is it not true that two dilatory motions cannot be

made, and this is evidently a dilatory motion. The SPEAKER. Will the gentleman from Iowa point to the rule

that says anything on t.hat subject after the previous question has been ordered T •

Mr. PRICE. I do not know that I can find the rule. The SPEAKER. The gentleman from Iowa will be kind enough

to read Rule 44 and he will recollect the rulings which were made in the Forty-third Congress.

Mr. THOMPSON. Oh, let .them go on if they want to delay busi· ness.

Mr. EWING. I call for the yeas and nays upon the motion of the gentleman from :Missouri, [Mr. CLAnK.]

The yeas and nays were ordered. The question was taken; and there were--yeas 10, nays 2"22, not

voting 59; as follows:

Candler, Cook, Eickhoff,

Elam, Franklin, Goode,

YEAS-10. Gunter, Hooker, Muller,

Southard.

1878. CONGRESSIONAL RECORD-HOUSE. 2623 NAYS-222.

Bagley, Dickey, Baker, William H. Douglas, Ballou, Dunnell, Banks, Durham, Banning, Dwight, Bayne, Eames, B eebe, Ellis, Bell, Errett, Bicknell, Evans, L Newton Bisbee, Evans, James L. Blackburn, Evins, John H. Blair, Ewing, Bliss, F elton, Blount, Finley, Boone, Forney, Bouck, Fort, Bra:rg, Foster, Brewer, Frye, Bridges, Gardner, Briggs, Garth, Bright, Gause, Bundy, Gillson, Burchard, Giddings, Cabell, Hale, Cain, Hamilton,

8!{~~,~11, John W. ~:~d~bergh, Camp, ' Hanner, Campbell, Harris, Benj. W. Cannon, Harris, Henry R. Carlisle, Harris, John T. Caswell, Harrison, Chittenden, Hat·t, Claflin, Ha.rtrid ae, Clark, Rush Hartzeif: Clark of Missouri, Haskell, Clarke of Kentucky, Hatcher, Clymer, Hayes, Cobb, Hendee, Cole, Henderson, Collins, Henry, Conger, Herbert, CoT"ert, Hewitt, AbramS. Cox, Jacob D. Hewitt, G. W. Cravens, Hiscock, Crittenden, House, Culberson, Hubbell, Cummings, . Hungerford, Cutler, Hunter, Danford, Hunton, Davidson, Ittner, Davis, Horace James, Dean, Jones, James T. Deering, Jorgensen, Denison, Joyce, Dibrell, Keifer,

Keigbtley, Kelley, Kenna, Ketcham, Killinger, Kimmel, Knapp, Knott, Landers, Lapham, Lathrop, Ligon, Lindsey, Loring, Luttrell, Mackey, Manning, Marsh, Martin, McCook, McKenzie, McKinley, McMahon, Metcalfe, :Mills, Mitchell, Money, Monroe, Morgan, Morrison, Morse, Muldrow, Norcross, Oliver, O'Neill, Overton, Page, Patterson, G. W. Patterson, T. M. P eddie, Phelps, Phillips, Pollard, Pound, Powers, Price, Pugh,

· Rainey, Randolph, Rea, Reagan, Reed, Reilly, Rice, William W. Riddle, Robbins,

NOT VOTING-59. Acklen, Aiken, Aldrich, Atkins, Bacon, Baker, John H. neneilict, Bland, Boyd, nrentano, Brogden, Browne, Buckner, Burdick, Butler,

Caldwell, W.P. Chalmers, Clark, Alvah .A.. Cox, Samuel S. Crapo, Davis, Joseph J. Eden, Ellsworth, Freeman, Fuller, Garfield, Glover, Hazelton, Henkle, Humphrey,

Jones, Frank Jones, John S. Lockwood, Lynde, Maish, May ham, McGowan, Neal, Potter, Pridemore, Quinn, Rice, Americus V. Roberts, Robertaon, Sayler,

JWbinson,G.D. P..obinBon, M.S. Ross, R yan, Sampson, Sapp, Scales, Schleicher, Shallenberger, Singleton, Sinnickson, Slemons, Smalls, Smith, .A.. Herr Smit-h, William E. Sparks, Springer, Starin, Steele, Stephens, Stewart., Stone, Joseph C. Strait, Thompson, Thorn l:lurgh, Tlu:ockmort.on, Townsend, Amos Townsend,Martin I. Tucker, Turney, Vance, Van Vorhes, Waddell, Wait, Walsh, Ward, Watson, Welch, White, Harry Whitthorne, Wi!!ginton, Williams, A . S. Williams, Andrew Williams, C. G. Williams, James Williams, Jere N. Williams, Richard Willis, AlbertS. Willis, BenjaminA. Willits, Wilson, · Wood, Wren, Yeates.

Sext{)n, Shelley, Stenger, Stone, John W. Swann, Tipton, Townshend, R. W. Turner, V eeder, Walker, Warner, White, Michael D. Wright, Young.

So the motion that when the House adjourns to-day it be to meet on Friday next was not agreed to. '

During the roll-can the following announcements were made: Mr. ROBERTS. I am paired with the gentleman fro!D Michigan,

Mr. STONE. Mr. JONES, of Ohio. I am paired with the gentleman from Ten­

nessee, 1\ir. YouNG. Were he present, I should vote "no." Mr. LATHROP. My colleague, Mr . .ALDRicH, is paired with my

colleague, Mr. EDEN. . Mr. POUND. My colleagt\e, Mr. HAzELTON, is paired with the gen­

tleman from Alabama, Mr. SHELLEY. Mr. DAVIS, of North Carolina. I am paired with the gentleman

from Michigan Mr. ELLSWORTH. The result of the vote was anounced as above stated. Mr. FRANKLIN. I move that the House now adjourn. The question being taken on agreeing to the motion, there were­

ayes 86, noes 99. 11-Ir. FRANKLIN. I call for tellers. Tellers were ordered; and Mr. FRANKLIN, and Mr. WHITE of Penn-

sylvania, were appointed. Mr. TOWNSEND, of New York. I call for the yeas and nays. 1\fr. FRANKLIN. Tellers have been ordered. The SPEAKER. The call for the yeas and nays takes precedence

of the vote by tellers. The yeas and nays were ordered. The question was taken ; and there were-yeas 98, nays 128, not

voting G5; as follows :

Banning, Bell, llickneU.

Blackburn, Blount, Boone,

YE.A.S-98. Bouck, Bragg, Cabell,

Candler, Carlisle, Chalmers,

Clark of Missouri, Gause, Clarke of Kentucky, Gibson, Cobb, Giddings, Cook, Glover, Cravens, Goode, Crittenden, Gunter, CuH~erson, Harris, Henry R. DaVIdson, Harris, John T. Dean, HanUwn, Dibrell, Hart, Dickey, Hartrirlge, Douglas, Hartzell; Durham, Hatcher, Elam, Henry, Ellis, Herbert, Evins, John H. Hewitt, AbramS. Ewing, Hewitt, G. W. :Felton, Hooker, Finley, Honse, Forney, Jones, James T. Franklin, Kenna, Garth, Kimmel,

Knapp, Knott~ Ligon, Lynde, Maish, Manning, Martin, McKenzie, McMahon, Mills Mon~y. Morp:an, Mordson, Muldrow, Mnller, Rea, Reagan, Rice, Americus V. Riddle, Robbins, Scales, Singleton,

NAYS-128. Aldrich, Bauley, Baker, John H. Baker, William H. Bailon, Banks, Bayne, Beebe, Bisbee, Blair, Bliss, Brewer, Bridges, Briggs, Bright, Browne, Buncly, Burchard, Cain, Calkins, Camp, . Campbell, Cannon, Caswell, Chittenden1 Clark, Rnsn Cole, Conger, Covert, Cox, Jacob D. Crapo, Cummings,

Cutler, Danford, Davis, Horace Deering, Denison, Dunnell, Dwight, Eames, Errett, Evans, I. Newton Evans, James L. Fort, Foster, Gardner, Garfield, Hale, Hamilton, Hanna, Harden bergh, Harmer, Harris, Benj. W. Haskell, Hayes, Hendee, HeD(lerson, Hiscock, Hubbell, H nngerford, Hunter, Ittner, James, Jorgensen,

Joyce, Keifer, Keightley, Kelley, Killinger, Landers, Lapham, Lathrop, Lindsey, Loring, Luttrell, Ma.ckey, Marsh, McCook, Metcalfe, Mitchell, Monroe, Norcross, Page, · Patterson, G. W. Phelps, Phillips, Pollard, Pound, Powers, Price, :Rainey, Randolph, Reed, Reilly, Rice, William W. Robinson, G. D.

NOT VOTING_.,;s. Acklen, Collins, Mayham, Aiken, Cox, Samuel S. McGowan, Atkins, Davis, Joseph J. McKinley, Bacon, Eden, Morse, Benedict, Eickho~ Neal, Bland, EllSworth, Oliver, Boyd, Freeman, O'Neill, Brentano, Frye, Overton, Bro~den, Fuller, Patterson, T M. Buc1rner, Hazelton, Peddie, Burdick, Henkle, Potter, Butler, Humphrey, Pridemore, Calclwell, John W. Hunton, Pugh, Caldwell, W. P. Jones, Frank Quinn, Claflin, Jones, JohnS. Roberts, Clark, Alvah .A. Ket.cham, Robertson, Clymer, Lockwood, Sampson

So the motion to adjourn was not agreed to.

Smith, William E. Southard, Sp!inger, Steele, S ten,.er, Stephens, Throckmorton, Tucker, Turner, Vance, Waddell, Whitthorne, Wi!!ginton, Williams, A. S. Williams, James Williams, Jere N. Willis, Albert S. Wilson, Wood, Yeates.

Robinson, M. S. Ross, Ryan, Sapp, Shallenberger, Sinnickson, Slemons, Smalls, Smith, .A. Herr Sparks, Starin, Stewart, Stone, Joseph C. Strait, Thompson, Thornburg, Townsen<( Amos Townsend, M. L Turney, Van Vorhes, Wait, Walsh, Ward, Watson, Whit~, Harry Williams, Andrew Williams, C. G. Williams, Richard Willis, Benj . .A. Willits, Wren. Wright.

Sa.yler, Schleicher, Sexton, Shelley, Stone, JohnW. Swann, Tipton, Townshend, R. W. Veeder, Walker, Warner, Welch, White, Michael D. Young.

During the roll-call the following announcements were made: Mr. CALDWELL, of Kentucky. I am paired with the gentleman

from Iowa, Mr. SAMPSO:Y. Mr. DAVIS, of North Carolina. I am paired with the gentleman

from Michigan, Mr. ELLSWORTH. Mr. HUNTON. On all questions arising dnring to-day's session I

am paired with the gentleman from Maine, Mr. FR~. Mr. PRICE. My colleague, Mr. BURDICK, is paired with the gen­

tleman from New York, Mr. BENEDICT. Mr. PATTERSON, of Colorado. I am paired with the gentleman

from Indiana, Mr. WHITE. Mr. POUND. My colleague, Mr. HAZELTON, is paired with the

gentleman from Alabama, 1\lr. SHELLEY. The result of the vote was a.nnounced as above stated.

ORDER OF BUSINESS. Mr. DURHAM. I rise to make a privileged report. [Cries of

"Regular order."] Gentlemen will find, I think, that this is the regular order.

Mr. PAGE. Mr. Speaker, are we not operating now under the pre­vious question T

Mr. DTJRHAM. Gentlemen will discover that I have the right to make this report n.t any time.

Mr. PAGE. Not when we are operating under the previous ques­tionT

Mr. SPRINGER. Speaker BLAINE decided that the report of a con­ference committee was so highly privileged that it could take a mem­ber from the floor, and would even take precedence of a. motion to adjourn. ·

. :

2624 CONGRESSIONAL RECORD-HOUSE. APRIL 17,

The SPEAKER. The Clerk will read from the Manual on this subject.

The Clerk read as follows: The re~ort of a committee of conference is, under the practice of the House, so

highly pnvileged that it has been held to be in order even pending a motion for a call of the House.-Journal, 1, 31, page 1590.

Under the praetice, reports of conference committees are received at any time, (except when the rules are su~ended,) even during the pendency of a motion to adjourn or to adjom'n over, and, like the motion to go to the Speaker's table, may interrupt a member who is on the floor speaking.

Mr. O'NEILL. This does not affect the motions already made f The SPEAKER. It does not affect the status at all. The gentle­

man from Pennsylvania seems to be under a misapprehension. The concurrent resolution of the Senate is before the House because of the motion made by the gentleman from New York [Mr. Cox] to go to business upon the Speaker's table, and when the concurrent resolu­tion of the Senate was reached the gentleman from New York [Mr. WooD] moved to refer it to the Committee of Ways and Means, on which the previous question was seconded and the main question · ordered. If the motion had prevailed to refer, the previous question would have been exhausted under the practice of the Honse. But the affirmative vote did not prevail, and the effect haa been to keep the concurrent resolution before the House under the operation of the previous question. The Senate concurrent resolution was reached by reason of the motion of the gentleman from New York, [Mr. Cox,] and being before the Honse for consideration the motion to refer was made in order under rule.

Mr. O'NEILL. The Chair stated that some time ago and I under­stand it thoroughly. I am not seeking any special credit for attempt­i ng to bring the Honse to a vote on the resolution for an adjournment of this session of Congress at as early a day as possible.

The SPEAKER. The Chair does not know what the gentleman is seeking, bnt he merely states the fact.

Mr. FRANKLIN. Is debate in order f The SPEAKER. It is not. Mr. O'NEILL. I do n.9t care whether the gentleman fro:qt New

York gets the credit for having brought the House to a vote on this question or I do.

The SPEAKER. The Chair has recognized the gentleman entitled by usage to be in charge of this matter.

Mr. TOWNSEND, of New York. While the previous question is operating is a conference report in order T

The SPEAKER. The highest privileged motion is the motion to adjourn, and it has been repeatedly asserted that a conference report can interrupt a motion to adjourn, can interrupt a motion to adjourn for a day, can interrupt a member who is occupying the floor. The status of this question is not disarranged by this interruption.

Mr. GARFIELD. There is no doubt about the correctness of the decision of the Chair, but we are still where we were after the con­ference report has been disposed of.

The SPEAKER. The Chair has so stated. Mr. DURHAM. I ask for the rea~ing of the rep<>rt. Mr. CONGER. Is a conferenCe report of higher privilege than

going to the business upon the Speaker's table 7 The SPEAKER. Undoubtedly it is of higher privilege. The Honse

is now disposing of the business upon the Speaker's table and that is the way the Senate concurrent resolution came np for consideration. It is the practice under the rule of the Honse and under the joint rules.

TEMPORARY CLERKS, ETC.

Mr. DURHAM. I now ask for the reading of the conference re­port.

The Clerk read as follows: The committee of conference on the disagreeing votes of the two Houses on the

amendments of the Senate to the bill of the Honse, No. 310'2, authorizing the Sec. retary of the Treasury to employ tem~orary clerks and making an appropriation for the same ; also making appropriations for detecting trespasses on the public lands and for bringing into market public lands in certain States, and for other purposes, having met, after full and free conference, have a~d to recommend and do recommend to their respective Houses as follows :

That the House recede from its disagreement to amendments numbered 1 and 4. That the Honse recede from ita disagreement to the amendment numbered 2,

and agree to the same, with an amendment as follows: In lien of $20,000 insert 16,500; and the Senate agree to the same.

That the House recede from its disagreement to the amendment numbered 3, and agree to the same, with an amendment as follows: In litlu of the sum proposed insert $1,000; and the Senate a-pee to the same.

That the House recede from 1ts disagreement to the amendment numbered 5, and agree to the same, with an amendment as follows: In lien of "$15,000," in lines 4 and 5 of said amendment, insert" $7,500;" and in lien of "$5,000," in line 7, insert "i7,500;" and the Senate agree to the same.

That the committee are unable to aw-ee upon the amendments numbered 7 and 8. • :M. J. DURHAM·,

JAMES H. BLOUNT, J. H. BAKER,

Ma'TI4gers on the part of the HOWie. WILLIAM WINDOM, S. W. DORSEY, JAMES B. BECK,

Manttgers on the part of the Senate.

Mr. DURHAM. Mr. Speaker, if the House will give me its attention I believe I can explain this matter so every member will understand it. I hope members will send for the bill and hav.e it before them. Mr~ GARFIELD. Is it the deficiency bill t

Mr. DURHAM. It is the bill to employ temporary clerks and to protect the timber lands of the Government. The House will bear in mind the original bill provided for the employment of twenty tem­porary clerks and appropljated for that purpose $6,500. The Senate amended it by striking out the per diem allowed these t.emporary clerks and gave unlimited authority to the Secretary of the Trea>'3ury to employ clerks and appropriated $20,000 thereon. The conference committee agreed to strike out the per diem for reasons which I will state in a moment and the Senate agreed to yield to the original ap­propriation and fix it at $6,500. That is the first amendment.

'l'he next amendment was an item placed on the bill by the Senate appropriating $2,000 for a deficiency for care of horses, feeding the same, &c. The conference committee compromised upon "that and made it $1,000.

The next item was an amendment put on by the Senate appropri­ating 21000 for gas, &c. After this amendment was put on by the Senate, 1t is due to our committee to say that on its behalf I went to the Treasury Department and found that this appropriation was really needed, and the House conferees agreed to that amendment.

The next amendment was to what was known as the timber part of this bill. The original bill appropriated $20,000 for the purpose of protecting timber lands, together with other purposes specified in that section of the bill. The House will bear in mind that the Senate only appropriated $5,000 for the protection of timber lands, and ap­propriated the other $15,000 for the other purposes spoken of in that section of the bill. As this appropriation was recommended or asked for some time in the month of January, the conference committee be­lieve that $15,000 was all that was necessary for the balance of the year, and we compromised by putting $7,500 for the purpose of pro­tecting timber and $7,500 for the other objects specitied in that sec­tion of the bill, thus reducing the original amount appropriated by this House $5,000.

The next amendment put on by the Senate was adopted by this House. It is amendment number 6.

The seventh amendment put on by the Senate reads as follows: For salaries and e~enses of collectors of internal revenue, being a deficiency

for the fiscal year ending June 30, 1878, $40,000.

The eighth amendment was: For railway mail agents IWd postal clerks, $20,000.

Upon these two items the conference committee could not make any compromise at all. But it is right to say that if the forty-thousand­dollar item in regard to the special collectors could have been agreed upon by the conference committee a compromise could have been reached so far as the postal clerks are concerned. I will leave it to my friend from Georgia, [Mr. BLOUNT,] who was on that committee and who understands that postal matter, to make a statement in regard to that to the House.

Now, Mr. Speaker, I do not intend to consume the time of the House very long; but I want to place the conference committee of the House, and the House itself, in a right attitude before the country; because I do not believe that one of the gentlemen on that conference com­mittee from the Senate did your committee justice or did this Honse justice. I will mention no names. But I have a right to refer to the record as to what was said and done. One of those conferees said, in making this report to the Senate :

Upon the whole, tha bill outside of the last item giving clerks to carry on the Pension Bureau. was $1,500 less than it was as it came from the House in the first place, leaving out the items we disagreed about; so that there has been no extrav-agance on ,the part of the Senate. .

I say, Mr. Speaker, that while my friend at the other end of the Capitol did not intend to be incorrect, yet he was so. As I stated a moment ago, the Senate has ratified that report as made to the Senate, and I have a right to speak of it because it is a matter of history and on the public records of the country. The report shows the Senate yielded $13,500--

Mr. BANKS. I rise to a question of order. I wish to call the atten­tion of the Speaker to the question of order whether the gentleman from Kentucky who presents the conference report has a nght, as he claims, to speak of the proceedings in the Senate.

The SPEAKER. The Chair thinks not. Mr. BANKS. And to carry it so far as to involve, perhaps, a ques­

tion of veracity in regard to what wa.a saidf Mr. DURHAM. I beg the gentleman's pardon. This is not a ques-

tion of veracity. It is just a mistake, as I said. Mr. BANKS. Then I withdraw that. Mr. DURHAM. I hope yon will. Mr. BANKS. I so understood the gentleman ; but I insist on the

question as to the right of a member to -refer to proceedings in the Senate.

Mr. BLOUNT. I think the gentleman is thoroughly justified in the reference he is making, because the whole report shows that the Senate conferees recited what passed between them and the House conferees.

· Mr. BANKS. There must be some other way of reaching it. It is not competent for a member to reply to anything said in the Senate on that subject.

Mr. DURHAM. I might say there was nobody to reply in the Senate to this, either. The gentlemen who acted on that conference

•

1878. CONGRESSIONAL RECORD-HOUSE: 2625 committee on behalf of the Senate undertook to say they were as economical as this House, and I say the record does not bear out that statement. And if we have no right to reply here to what was said, I think it is fair that the conferees on the part of the House shall be heard upon this question and upon the statements of the gentlemen which have gone into the public prints. They have set the precedent, and that is all I ask to do. .

Mr. GARFIELD. I submit that we cannot-Mr. DURHAM. Furthermore, before the gentleman responds I

desire to say that I am standing here by the dignity of this House. And I stand by it because they approved of this legislation which we made here in the first instance, and until I am voted down by this House, whose organ I am, I will stand up and defend its honor and its integrity. That is what I will do, and I hope I will not go beyond parliamentary limits either when I undertake to do it.

Mr. BANKS. I did not rise to question the propriety of the argu­ment of the gentleman on the position assumed by the committee of conference at all. I am perfectly willing to stand by the House com­mittee, and I only raise the question as to the right of the gentleman to refer to the debates in the Senate. The Chair will see that there never would be an end to it if each House discussed what had taken place in the other.

The SPEAKER. There has always been a difficulty on this sub­ject between the two Houses and very often there have been evasions by which those matters desired to be spoken of which have occurred in the respective Houses have been brought before the respective Houses. The Chair desirrs to have read what he has marked upon page 213 of the Manual.

The Clerk read as follows :

It is a. breach of order in debate to notice what bas been said on the same sub­ject in the other House, or the particular votes or majority on it there; because the opinion of each Honse should be left to ita own independency, not to be iufl.uenced by the proceedings of the other; and the quoting them might beget reflections lead­ing to a misunderstanding between the two Houses.

Mr. DURHAM. If I am not permitted to respond to what is pub­lished in the RECORD by experienced men at the other end of the Capitol then I will proceed in my own way and I hope I shall not go beyond the bounds of propriety.

The SPEAKER. The Chair never stated that the gentleman from Kentucky had gone beyond the bounds of propriety ; the Chair only had read from the Manual what has been the practice in these matters.

Mr. DURHAM. Well, I will get at the argument without even referring to the RECORD at all.

1\ir. GARFIELD. I sympathize entirely with the gentleman from Kentucky in his desire to set the conference committee and himself right, for I know so well the necessity a man is under under such cir­cumstances to justify the action of himself and his associates on the committee of conference; but it may always be done by declaring wbat the committee of conference did and what he and his associates contended for in the comiqittee of conference, and by saying what was refused by the conferees on the part of the Senate. That is a plain matter that he can ~peak of, but the proceedings of the other body we ca.nnot, with propriety, refer to bepause it would beget a right on their part to reply to our proceedings, and if we once get to that we should get into a jangle of debate between the two bodies.

Mr. DURHAM. I am very much obliged to the gentleman from Ohio for his suggestion, for I always listen to my friend with respect, because he served so long upon this committee and has been on so­many committees of conference. But I was only doing that which the conferees on the part of the Senate have done.

Mr. GARFIELD. If a bad example has been set in the one House t.he dignity of this House does not require that we should follow it.

Mr. DURHAM. I was governed by precedents set for me by older and wiser heads than mine.

Now, Mr. Speaker, it has been alleged, and has got into print, that the Senate is equally a£ economical as this House. I undertake to say that the records of the proceedings of the two Houses do not bear out that as~ertion, for the bill under consideration will show that the Sen­ate has tacked on, in addition to the appropriation of the House, ~13,500 on the first item; they put on $2,000 on the second item; they put on $2,000 on the third item ; they put on $40,000 on the fourth item; they put on $20,000 on the fifth item; they put on $11,768 for clerks iu Surgeon-General's Office; and it is not true in point of fact that the Senate ha.s been as economical as the House upon questions of this sort. That ie all I desire to say upon that question.

Now, I hope that the House will adopt this conference report and send us back to consider the items contained in the seventh and eighth amendments of the Senate, the seventh being $40,000 for salaries and expenses of collectors of internal revenue and the eighth for railway mail agent.s and postal clerks. And I ask the House to bear with me while I discuss these two propositions. So far as the assistant col­lectors are concerned, I want to say this: that. I am .not for the" moon-

. shiners." It has gone into the public prints that it is a controversy between the " moonshiners" and the regular distillers. I represent a district that is largely interested in distilling. I represent a district, I am sorry to say, in which moonshining is done to some extent, and I will never protect a" moonshiner" if I know it. But I will never put into the hands of the Commissioner of Internal Revenue $100,000, if I can help it, for the purpose of sending out his agents and spies all

VII--165

over the country to entrap men whom he supposes have been guilty of illicit distilling.

Now, I want to call the attention of the House to the fact that last year there was appropriated for the present fiscal year $1,800,000 for collectors; at the extra session and at other times $42,000 have been appropriated, making $1,842,000 for collectors. This is ample for the period of one year for all the regular collectors throughout the United States. •

Mr. FOSTER. ~ I tpink the gentleman is mistaken. I do not under­stand that this House has appropriated a deficiency of $42,000 for collectors. We have appropriated some money for special agents which belongs to· another appropriation.

Mr. DURHAM. Now, may I inquire whatthis$40,000 is asked for f Mr. FOSTER. For collectors. Mr. DURHAM. No, sir; for special agents. Mr. FOSTER. No, sir; for collectors. Mr. DURHAM. To show that the Senate conferees have misunder­

stood this whole question from beginning to end and that my colleague on the committee [Mr. FosTER] does not understand it, I will read what the Commissioner of Internal Revenue says:

I desire to call your attention, es.Pecial.ly, to the two items recommended to be appropriated for deficiencies in the rnternai.-revenne service, namely, $40,000 on ac­count of "salaries and expenses of collectors." and et50,000 on account of "salaries and expenses of agents, snrveyot·s, gaugers," &c.

Now, mark what the Commissioner says further: The allo~ances for collectors that have been recommended for your approval

have not oreated and will not create a deficiency in the appropriation, but the needs of the service are so urgent that I deem it for the best interests of the. Gov­ernment that this appropriation of $40,000 should be made.

Now, what is this appropriation intended for f It is intended, mainly, for the purpose of suppressing frauds in the m.annfactn.re

and sale of spirits and tobacco.

That is just exactly what I said. It is not for regular collector~ ; the Commissioner does not place the matter upon that ground ; he says it is mainly for the purpose of detecting the illicit manufact­ure of whisky and tobacco.

1\Ir. HANNA. Does the gentleman take the position that those frauds ought not to be detected f

Mr. DURHAM. I do not. But we have already given in this bill all that has been asked for that purpose-$20,000-and I want to say that I consented to give this much very reluctantly, because I be­lieved that the Commissioner would have had sufficient for the pur­pose without this appropriation.

Mr. FOSTER. Will the gentleman yield to me a moment f 1\Ir. DURHAM. Yes, sir. 1\Ir. FOSTER. I think it important that this question should be

understood. Either the gentleman from Kentucky [Mr. DURHAM] is mistaken, or a large number of other intelligent gentlemen are mis­taken. Now, the appropriation of $40,000 asked for by the Commis­sioner is for collectors; but he tells us in the communication which the gentleman has read that there is no deficiency, nor will there be any, but that if we give him this $40,000 the service of the collectors throughout the country will be very much improved.

There is another appropriation for special agents-for the detection and punishment of frauds. That is a different purpose entirely, anrt. for that we have made appropriations heretofore. Then there is still another appropriation, for gaugers and storekeepers. For that the Commissioner asks $150,000, and he says that he has no control of that, and we must make up that appropriation. But the $40,000 to which the gentleman refers is for collectors.

1\Ir. DURHA.l\f. My friend will have an opportunity to make a speech after a w bile.

Mr. FOSTER. I know the gentleman does not want to misinform the House. ·

1\fr. DTTRHili. I do not. I am informing the House correctly; and I will show that the gentleman does not understand the question.

Mr. FOSTER. Let me finish my statement. Mr. DURHAM. Why, this bill says that it is a deficiency of $40,000

for this year; and the gentleman haa just told this House that the Commissioner says there is no deficiency and will not be any.

Mr. FOSTER. I say the Commissioner has said," Give me the $40,000 and I will serve you a great deal betLer than if you do not give it to me; but if you do not give it, I will make no deficiency; I will run the service without it."

Mr. DURHAM. I say that this appropriation is for detective pur­poses. I prove this not only by the recommendation of the Commis­sioner dated October 31, 1877, but also by a dispatch, which I will read, dated April 10, 1878.

Mr. FOSTER. The gentleman has confnsed three appropriations which are entirely distinct.

Mr. DURHAM. I am very sorry I cannot beat this thing into my friend's head. [Laughter.] I hope he will just sit still till I read this clispatch ; and if he then says he does not understand it, I will ask the Speaker to summon a jury on his ca:se and see what they will do. [Laughter.] .

Mr. FOSTER. I will call that Senate jury to act on the gentle­man's case.

Mr. DURHAM. I wish I could have a chance at that Senate jury. [Laughter.] Now, in addition to the recommendation -of the Com-

•

..

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2626 CONGRESSIONAL RECORD-HOUSE. .APRIL 17,

missioner of the Internal Revenue made on the 31st of October, I t·ead this dispatch, which has been published in the RECORD:

WASHINGTON, D. C., April10, 1878. To Hon. Wn.Lt.AM WINDOM,

United States Senate: In reply to your dispatch asking information as to the necessity of an appropri·

ation of $40,000 for collectors, &c.-Ah, it is this " &c." that does the mischief. My friend said this

was for collectors. Now we have this "&c." brought in-I have to say that the present appropriation is virtually exhausted.

Where is the deficiency f Why, it is just as the Commissioner said, there is no deficiency, and there should be none. Yet the Senate tacks on as an amendment to this bill an appropriation of $40,000 and calls it a" deficiency." Now let us read a little further.

Mr. FOSTER rose. Mr. DURHAM. I cannot yield now. [Laughter.] I will not yield

now. The present appropriation is virtually exhausted, no more of it being available

for the employment of deputy collectors-He gets that in it now. Where is that f Wa-s there any "&c f"

Were there not deputy collectors in thatT Now let us read a little further-for enforcement of the laws against those engaged in illicit manufacture of spirits and tobacco.

Clearly a detective farce. You cannot make anything else out of it. Now, mark what he says : "The necessity for increasing the reg­ular force for the purpose named is urgent and pressing." Well, what does that say f Is it for a force already in the field f Not a bit of it; but for increasing the force. For what f For deputy collectors, &c. What is &c. for f To support a few of those gentlemen who are run­ning around through the country at night pouncing upon innocent men and dragging them before the United States courts and robbing them of their property and then turning them loose. That is what it is for. It is not for the regular collectors, as I contend.

Why, sir, that dispatch is dated only the lOth day of April. I want to show you a little piece of law which I do not suspect the Commis­sioner of Internal Revenue haa ever seen. He has not only expended $1,842,000 upon this part of the service, but you by solemn act-and my friend from Ohio was on that committee and helped to enact it­did what f The Secretary of the Treasury was directed for this pre~ ent year to reduce the expenses of that Department 5 per cent., but instead of that if you appropriate this 40,000 to the Commissioner of Internal Revenue you will increase it 5 per cent. rather than reduce it 5 per cent. What does the law of the last Congress say f After making this appropriation of $1,800,000 for collectors of" the internal revenue this House said and the whole Congress said:

And the Secretary is hereby authorized and directed to cause a careful exami. nation to be made of allowances to collectors of internal revenue under the provis· ion of section 3145 of the Revised Statutes for collection of revenue in the several districts, and to equalize the same, and to reduce the aggregate of such allowances not less than 5 per cent. of the amount of the same.

I undertake to say when the House will look into this thing, instead of reducing that expense 5 per cent., if you appropriate this $40,000 you will increase it 5 per cent.

Mr. FOSTER. What is the date of that law f Mr. DURHAM. The last appropriation bill. I refer to page 11 of

that identical bill which my friend from the State of Ohio helped to pass in this House last winter. It is under the heading of the Com­missioner of Internal Revenue.

Mr. Speaker, I believe I have said about all I desire to say. I will add that what has been published as to economy in regard to mat­ters of this sort is not borne out by the facts. While I do not intend to disparage the Commissioner of Internal Revenue, and believe he is a clever man, I believe he is like the head of many of these Depart­ments-indeed like the whole of them-the more you give him the more he wants, without ever looking to what may be the consequence or how it may be expended, provided only certain parties can be kept in employment. I say both sides of this House-l do not claim it for this any more than the other-I say so far as I have had the charge generally of these appropriation bills that side of the Honse has come to my assistance like this; but I do say you ought not to put it in the power of these gentlemen to expend one dollar beyond what you appropriate for them. .

And you will bear in mind that at the end of the report made on the 31st of October last he said there would be a deficiency and he asked for this appropriation at that time, but on the lOth of April he still says that fund is not out but nearly exhausted! I think it holds out longer t.han any fund I ever heard of in my life. He a-sked for a deficiency October 31, 1877, and then run it upon .nothing until the lOth of April and then admits he had still some in the Treasury, "but that it is nearly exhausted I" If he could hold out from the 31st of October, 1877, down to April 10, 1878, on nothing and besides pnt something into the Treasury, I ask you to compel him to run on to the 30th of June next and not give him a dollar. That is right. It is as plain a proposition as the nose on a man's face. It is paraded before the country. It is claimed that the Senate is as economical as the House. I hope I have a right to say tbat.

Mr. FOSTER. That is a democrat\c authority. Mr. DURHAM. Oh, politics are always running in my friend's

·head. Now, let us talk about busines~;~. That is what we should do.

Now, Mr. Speaker, I have tried to explain this term of $40,000. I say there is not a dollar of a deficiency, and you will place a false­hood upon your record if you vote that there is a deficiency there when the head of this Department tells you that that appropriation is now about exhausted. I undertake to say that we have already appropriated $30,000 for this purpose and they do not need another single dollar. But, as I remarked a little while ago, it is like the leech. It is "Give I" "Give I"'' Give I" That is what it is. And I do insist that this House ought to put down the brakes on this extrava­gance, because you cannot denominate it in any other way than that it is a species of extravagance that this House and the whole country must necessarily condemn.

In regard to the postal clerks, I give way to my colleague on the committee, the gentleman from Georgia, [Mr. BLOUNT,] to explain that. He understands it better than 1 do.

).fr. BLOUNT rose. Mr. REAGAN. Will the gentleman yield for a motion to adjourn f Mr. DURHAM. Certainly I will. Whatever this House will say

I will submit to it. Mr. REAGAN. Then I move that the Honse do now adjourn. Mr. orNEILL. I hope not. The question being taken on Mr. REAGAN's motion, there were-

ayes 99, noes 91. Mr. CAMP. I call for the yeas and nays. The yeas and nays were ordered. Mr. SPRINGER. I rise to a question of order. I understand an

order was passed for the purpose of having the evening session to­night. [Cries of "Regular order!"]

'fhe SPEAKER. The question the gentleman from Illinois desires to ask may be a proper one. The Chair would like to hear it. M~. SPRINGER. I understand there was au order made to have a

ni~ht session. I wish to know what effect this motion to adjourn, if it 1s carried, will have upon that order.

The SPEAKER. It will vacate it, of course. Mr. BEEBE. I rise to make a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. BEEBE. If the motion to adjourn should prevail, will this

come up as unfinished business to-morrow morning T · The SPEAKER. Which T Mr. BEEBE. The confert'nce report and the Senate resolution. The ~PEAKER. There will come up as unfinished business first

the conference report and then the resolution in regard to the sine die adjournment.

Mr. BEEBE. The two matters will come up in their order T The SPEAKER. Yes, sir. Mr. LUTTRELL. I desire to make a parliamentary inquiry. The SPEAKER. The gentleman will state it. Mr. LUTTRELL. I understand the Chair to state that if the House

should now adjourn there will come up as unfinished business to­morrow first the conference report and then the question of the si-ne die adjournment. Then, I ask, what is the use of taking a vote on adjourning by yeas and nays T

The SPEAKER. The Chair· is unable to.answer that. [Laughter.] Mr. LUTTRELL. I ask gentlemen to withdraw the demand for

the yeas and nays. [Cries of" Regular order!"] Mr. LUTTRELL. I move to reconsider the vote by which the yeas

and nays were ordered. The question beinR taken, the motion to reconsider was agreed to. The SPEAKER. The question recurs on the demand for the yeas

and nays on the motion to adjourn. The question being put, there were, ayes 51. So (the affirmative being more than one-fifth of the last vote) the

yeas and nays were ordered. The question was taken; and there were-yeas 109, nays 96, not

voting 86; a-s follows :

YEAS-109.

Banning, Douglas, Beebe, Durham, Bell, Elam, Blackburn, Ellis, Bliss, Evins, John H. Blount, Felton, Boone, Finley, Bouck, Forney, Bragg, Fort, Briglit, Franklin, Borchard, Garth, Cabell, Gause, Candler, Giddings, Carlisle, Glover, Chalmers, Goode, Cl.ai·k of Missouri, Gunter, · Clarke of Kentucky,Hamilton, Cobb, Hardcnbergh, Collins, Harris, Henry R. Cook, Harris,. John T. Covert, Harrison, Cravens, Hart, Crittenden, Hartzell, Culberson, Hatcher, Davidson, Henry, Dean, Herbert, Dibrell, Hewitt, AbramS. Dickey, Hewitt, G. W.

Honse, Jones,J. T. Kenna, Kimmel, Knapp, Knott, Landers, Ligon, Lynde, Mackey, Maish, Manning, Martin, McKenzie, McMahon, Mills Money, Morgan, Mul11row, Muller, Phillips,

~fa~· RiceJ. Americus V. Rid rue, Robuins, Ross, Sayler,

Scales, Schleicher, Singleton, Slemons, Southard, Sparks, Springer, Steele, Stenger, Throckmorton, Tucker, Turn or, Truney, Vance, Wa.d<lell, Walsh, Whitthorne, Wigginton, Williams, A. S. 'Villiams, James Williams, J ore N, Wilson, Wood, Wri:;ht, Yeates.

1878. CONGRESSIONAL RECORD-HOUSE. 2627 NAYS-96.

Aldrich, Baker, John H. Baker, W. H. Ballou, Banks, Bayne, Bisbee, Blair, Brewer, Bridges, Bri,~?;I!;S, Bundy, Caiu, Calkins, Camp, Campbell, Caswell, Claflin, Clark, Rush Clymer, Cole, Con.,.er Cox~ J ~cob D. Crapo,

Cummings, Cutler, Davis, Horace Dunnell, Dwight, Eames, En-ett, Evans, I. Newton Gardner, Garfield, Hale, Hanna, Harmer, Hams. B. w. Haskell, Hiscock, Hungerford, Hunter, Ittner, James, Keifer, Keightley, Ketcham, Lapham,

Lathrop, • Lindsey,

Luttrell. :Marsh, McCook, McKinley, Metcalfe, Mitchell, :Monroe, Norcross, Oliver, O'Neill, Overtcn, Patterson, G. W. Peddie, Pollard, Powers, Price, Pugh, Reed, Rke, William W. Robinson, G. D. Robinson, M.S. Ryan,

NOT VOTING-86. Acklen, Davis, Joseph J. Ai'ken, Deering, Atkins, Denison, Bacon, Eden, Ba~ley, Eickhoff, Bouedict, Ellsworth, Bicknell, Evans, James L. Bland, Ewing, Boyd, Foster, Brentano, Freeman, Brogllen, Frye, Browne, Fuller, Ruckner, Gibson, Burdick, Hartridge, Butler, Hayes, Calllwell, John W. Hazelton, Caldwell, W. P. Hendee, Cannon, Henderson Chittenden, Henkle, Clark, Ah"ah A. Hooker, Cox, Samuel S. Hubbell; Danford, Humphrey,

So the motion was agreed to.

Hunton, Jones, Frank Jones, John S. Jorgensen, Joyce, , Kelley,

~~!d, Loring, May ham, McGowan, Morrison, Morse, Neal, Page, Patterson, T. M. Phelps, Potter, Pound, Pridemore, Quinn, :Rainey,

Sapp, Shallenberger, Sinnickson, Smalls, Smith, A. Herr Starin, Stewart, Stone, Joseph C. Strait, Thompson, Thornbtmrh, Townsend: Amos Townsend, M. L Van Vorhes, Wait, Ward, Watson, White, Harry Williams, Andrew Williams, C. G. Williams, Richard Willis, Benj. A. S. Willits, Wren.

Randolph, Rea, Roberta, Robertson, Sampson, Sexton, Shelley, Smith, William E. Stephens, Stone, John W. Swann, Tipton, Townshend, R. W. Veeder, Walker, Warner, Welch, White, Michael D. Willis, Albert S. Young.

During the roll-call the following announcements were made: Mr. ROBERTS. I desire to state that I am paired with Mr. SToNE,

of Michigan. 1t1r. McKENZIE. I desire to state that my colleague, Mr. WILLis,

is paired with lt-ir. DEERING, of Iowa. I desire also to announce that my colleague, Mr. CALDWELL, is paired with Mr. SAMPSON, of Iowa.

Mr. HARTRIDGE. I desire to state that I am paired upon the question of adjournment with Mr. HENDEE.

Mr. REA. I desire to announce that I am paired with Mr. HUM­PHREY, of Wisconsin. If he were present, I should vote "ay" and Mr. HUMPHREY would vote "no."

Mr. E\VING. I desire to state that Iampaired with my colleague, Mr. FOSTER.

Mr. O'NEILL. I desire to state that my colleague, Mr. FREEMAN, is paired with Mr. CALDWELL, of Tennessee. If my colleague were here, be would vote "no."

Mr. JONES, of Ohio. I desire to state that Mr. YOUNG is neces­sarily detained ft·om the House, and upon all votes taken to-day I am paired with him.

Mr. CALKINS. I am paired with Mr. CLARK, of New Jersey, upon all political questions. Not regarding this as a political question, I have voted.

Mr. PAGE. I desire to announce that I am paired with Mr. HOOKER. Mr. JORGENSEN. I desire to say that I am paired with my col­

league, Mr. PRIDEMORE. Mr. RIDDLE. I have been requested to announce th~t Mr. MoR­

RISON is paired with Mr. DANFORD. Mr. WILSON. I desire to state that Mr. STEPHENS, of Georgia, is

paired with Mr. CmTTENDEN. Mr. PRICE. I desire to announce that my colleague, Mr. BURDICK,

is paired with Mr. BENEDICT. Mr. ALDRICH. I desire to announce that my colleague, Mr. HEN­

DERSON, is paired with Mr. BICKNELL. ENROLLED BILL SIGNED.

Before the announcement of the vote, Mr. RAINEY, from the Committee on Enrolled Bills, reported that

the Committee on Enrolled Bills had examined and found truly enrolled a bill of the following title; when the Speaker signed the same:

A bill (S. No. 1080) authorizing the issue of passports free to col­ored citizens going to Brazil.

The resnlt of the vote was then announced as above ·stated, And accordingly (at five o'clock and fifty minutes p.m.) the House

acljourned.

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

nnrler the rule, and roferred as stated: By the SPEAKER: Resolutions of the New York Association of

Mexican war veterans, indorsing the action of the House of Repre­sentatives in passing the bill placing General Shields upon the retired list of the Army-to the Committee on Invalid Pensions.

By Mr. BROWNE: The petition of 385 citizens of Randolph County, Indiana, for an amendment to the Constitution as a substi­tute for the first amendment thereto that will effect a total separa­tion of Church and State-to the Committee on the Judiciary.

By Mr. CAMPBELL: The petition of citizens of Greenfield, Penn­sylvania, for the extension of the national credit to aid in the con­struction of a great northern line of railroad to the Pacific Ocean, and the guarantee of interest upon the bonds of the company, protected by a first mortgage and lien upon the road and its revenues-to the Committee on the Pacific Railroad.

By Mr. CRA. VENS: The petition of Robert Jackson, of Clarksville, Arkansas, for a pension-to the Committee on Invalid Pensions.

By Mr. ERRETT: Resolutions of the Chamber of Commerce, of Pittsburgh, Pennsylvania, against the passage of the bill providing for the erection of a bridge across the Mississippi River at Memphis, Tennessee-to the Committee on Commerce.

By Mr. GARFIELD: The petition of workingmen of Niles, Ohio, against the passage of the pending tariff bill-to the Committee of Ways and Means.

By Mr. GAUSE: The petition of John T. Oates, for compensation for property taken by the United States Army-to the Committee on War Claims.

By Mr. HENDERSON: Resolutions of the Patent-Office Bar Asso­ciation, of Washington, District of Columbia, relative to the dispo­sition of appeal cases, as provided for in House Resolution No. 3615-to the Committee on Patents.

By Mr. HISCOCK: The petition of citizens of Syracuse, New York, against the reduction of the tariff-to the Committee of Ways and Means.

Also, the petition of citizens of Truxton, New York, for the amend­ment of the pension laws-to the Committee on Invalid Pensions.

By Mr. HUNTON: The petition of Maria C. Fitzhugh and Ann C. Carroll, trustees of Daniel Carroll, for relief from assessments levied by District of Columbia officials-to the Committee for the District of Cqlumbia.

By Mr. McKINJ.EY: The petitions of 150 citizens of Stark County, Ohio, and of 100 other citizens of the same county and State, for the equalization of bounties-to the Committee on Military Affairs.

By Mr.MORSE: The petitions of WilliamF.Tewksburyandothers, and of J. W. Balch and others, relative to appropriations for the pur­chase of Courtenay's buoys for the coast-to the Committee on Com-merce. ·

By Mr. RICE, of Ohio: The petition of Joseph Odell, for a pen­sion-to the Committee on Invalid Pensions.

By ·Mr. SCHLEICHER: The petition of citizens of Texas, against the proposed change in the tariff on wool-to the Committee of Ways and Means.

Also, the petition of citizens of Pleasanton, Texas, for the build­ing of a railroad on the Rio Grande border-to the Committee on Rail ways and Canals. ·

By Mr. SOUTHARD: The petition of Patrick White 'and 55 other citizens of Tuscarawas County, Ohio, against the reduction of tariff duties-to the Committee of Ways and Means.

By Mr. STENGER: The petition of 19 citizens of Snyder County, Pennsylvania~ for the passage of the bill extending aid to the Texas and Pacific Rail way-to the Committee on the Pacific. Railroad.

Also, the petitions of 189 citizens of Juniata County and of 178 citizens of Perry County, Pennsylvania, for the extension of national credit to the completion of a great southern line to the Pacific-to the same committee.

By Mr. SWANN: The petition of Rebecca Straughan, showing that she is the widow of John Straughan, who was seized and taken from on board the United States frigate Chesapeake in 1807 and kept by the British :five years as a prisoner; that this was one of the flagrant acts which caused the war of 1812 ; and asking for the same pension as is granted to a widow of a soldier of that war-to the Committee on Revolutionary Pensions.

By Mr. THOMPSON: The petition of manufacturers of Philadel­phia, against changing the tariff-to the Committee of Ways and Means.

By Mr. TOWNSEND, of New York: The petition of stockholders of the National Capital Insurance Company, for the repeal of the charter of said company-to the Committee for the District of Co-lumbia. ·

Also, the petition of bankers, merchants, and manufacturers of Troy, New York, for the repeal of the bankrupt law-to the Committee on the Judiciary.-

By Mr. TUCKER: The petition of citizens of Rockbridge County, Virginia, for the passage of the Texas Pacific Railroad bill-to the Committee on the Pacific Railroad.

By Mr. TUR:r,~y: The petition of merchants and manufacturers of Philadelphia, Pennsylvania, against the passage of the pending tariff bill-to the Committee of Ways and Means.

By Mr. WHITE, of Pennsylvania: The petition of a committee of the Greenback Labor Association, of Claysville, Pennsylvania, for the repeal of the resumption act-to the Committee on Banking and Cur­rency,

I

2628 CONGRESSIONAL RECORD-SENATE. APRIL 18,

By Mr. WRIGHT: The petition of manufacturers and other busi­ness men of Philadelphia, Pennsylvania, against any change in the tariff-to the Committee of Ways and Menus.

By Mr. YOUNG: The petition of Alfred H. Darden, for compensa­tion for quartermaster stores taken by the United States Army-to the Committee on War Claims.

IN SENATE. THURSDAY, April 18, 1878.

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. The Journal of yesterday's proceedings was read and approved.

ADJOURll."<l\IENT TO MONDAY.

On motion of MI:. EDMUNDS, it was Ordered, That when the Senate adjourns to-day it be to meet on Monday next.

PETITIONS ~ MEMORIALS.

The PRESIDENT p1·o temp&1'e presented the petition of George D. Hill, secretary and attorney of the Missouri and Niobrara Railroad Company, praying the passage of a law authorizing the President of the United States to designate the Missouri and Niobrara. Railroad Company, a company organized under the terms of the amended Pacffic Railroad law, approved July 2, 1864, to construet the north branch of said road westward from Sioux City to Rock Creek or Cheyenne, in the Territory of Wyoming; which was referred to the Committee on Railroads.

Mr. ALLISON presented the petition of J. S. McGregor and E. B. Ogg, praying relief on account of the loss of a land warrant and fail­ure of title to land located by them in the State of Missouri; which wa'8 referred to the Committee on Public Lands.

Mr. KERNAN. I present a concurrent resolution of the Legislature o:f New York, which I ask to have read.

The Chief Clerk read as follows : STATE OF NEW YORK. •

IN AssEMBLY, .Aibany, .April5, 1878. Resolved, (if the senate cdncur,) That our Senators and Representatives in Con­

p-ess be requ~sted, in view of the decision of the Supreme Court of the United States adverse to the right of the States to pass laws imposing per capita tax upon immigrants to provide for their support in cases of poverty or sickness, to urge upon Congress the necessity of ~~;orne provision by Federal law to relieve this State from the burdens of a tax which it has been declared this State cannot pass in its own right without a violation of the Constitution of the United States.

Resolved, That a copy of this resolution, signed by the presidin~ officers of the Legislature, be forwarded to our Senators and Representatives in IJongress.

By order:

Concurred in. By order:

J'. W. HUSTED, Speaker. EDW'D M. JOHNSON, Olerlc.

IN SKL'UTE, .April 5,1878.

WILLIAM DORSHEIMER, Pruident. JOHN W. VROOMAN, Olerk.

Mr. KERNAN. I beg to simply suggest to the committee to which this resolution shall go, the Committee on Commerce, I suppose, the importance of early action not only with reference to the State of New York but other States. The United States Supreme Court, in a case decided in 2 Otto, held that the law of New York, which we supposed to be somewhat in the nature of police regulations, by which the State of New York collected from immigrants a small amount per capita to provide for the sick and poor who came into the State, to be unconstitutional, and that Federal legislation must provide for that difficulty. I therefore hope the committee will take the subject up and see what law we may pass to relieve States like New York, Massachusetts, California, and Louisiana from the difficulty they ex­perience in having a large number of sick and poor people left upon them, against whom they cannot in any way protect themselves by raising any reyenue from immigrants to pay the expense of taking care of them. The system we had in New York of course is destroyed by this decision, and the State is quite anxious that Congress should act upon the subject. :

The PRESIDENT pro tempore. The resolution will be referred to the Committee on Commerce.

Mr. ~ECK. I present an act of the General Assembly of the State of Kentucky, which I ask to have read at the desk, and it will be fol­lowed by a joint resolution which I have in my hand and shall pre­sent when that order of business is reached.

The PRESIDENT pro tempote. The Secretary will read the paper. The Chief Clerk read as follows:

An act to provide for the erection of a. monument at the tomb of Zachary Taylor. Whereas it has ever boon the pride of Kentucky to show a proper appreciation

oi the merits of her illustrious sons and to commemorate the a~hievements of her patriots, whether they be in the civil or military field; and

Whereas the remains of General Zachary Taylor, late President of the United States, lie buried at his old home in ,Jefferson County marked by no monumental commemoration of the gTalld career of this honored son ; and

'Vh('reas it is a duty, the performance of which should be a pleasure as well o! tllis State as of the United States, to honor one whose whole life was an example of devotion to his country unsurpassed in the annals of onr Republic, whose inval­uable public services so unselfishly rendered, embracing his brilliant success in our

Indian and Mexican wars, have immortalized his name and reflected. a luster upon his State and the whole country: Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucl.:y, That the sum of ~.ooo be, and it is hereby, appropriated for the purpose of purchasing land immediately surrounding the grave of the late President Zachary Taylor, not to exceed one acre, including the family buryin$-ground, to inclose the same by a substantial fence and to erect thereon a. suitable monument to his memory.

SEc. 2. It shall be the duty of the go¥ernor of this Commonwealth to appoint three commissioners, whose duty it shall be to carry ont the provi!lions of section 1 of this act, and also to receive any contributions which may be tendere<l by the sol­diers of the Mexican war, or any other persons, for the purposes set forth in sec­tion 1, and to forward to our Senators and Representatives a. copy of this act, who are requested to solicit an appropriation from the General Government to aid in the purposes above set out.

SEC. 3. Upon the application of the commissioners, or any two of them, the au­ditor is directed to draw his warrant upon the treasurer, in their favor, for the sum appropriated by the first section of this act.

SEc. 4. Said commissioners shall receive no compensation for their services; and it shall be their duty to make a. full and detailed report of their acts, the moneys received, from whatever source, and how expended, to the next General Assembly.

SEc. 5. This act shall take effect from and after its passage. ED. W. TURNER,

Approved March ll, 1878.

By the governor:

A true copy from the original.

Speaker of the HOU8t. of Repre~entatives. JNO. C. UNDERWOOD,

Speaker of the Senate.

JAMES B. McCREARY, GoverMr.

J'. STODDARD JOHNSTON, . Secretary of State.

J'. -STODDARD JOHNSTON, Secretary of State.

Mr. BECK. I move the reference of the paper to the Joint Com­mittee on the Library, to which I shall ask the reference of the joint resolution also.

The motion was agreed to. Mr. McCREERY presented a resolution of the Legislature of Ken­

tucky, in favor of an appropriation for the improvement of the rivera of that State; which was referred to the Committee on Commerce.

Mr. MATTHEWS presented the memorial of Edward Wagstaff and others, citizens of Niles, Ohio, engaged in the manufacture of iron nails, &c., remonstrating against a reduction of the duties on imports and against the restoration of the duties on tea and coffee; whic~ was referred to the Committee on Finance.

He also presented a reoolution in the nature of a petition of the Maple Council No.3, Sovereigns of Industry, of the District of Colum­bia, praying the passage of a law providing for the appointment of a coal-weigher, and compelling coal-dealers to send the certificate of such weigher with every load of coal sold by them; which was referred to the Committee on the District of Columbia.

REPORTS OF COMMITTEES.

Mr. DAVIS, of Illinois, from the Committee on the Judiciary, to whom was referred the bill (S. No. 1016) to provide for the distribu­tion of the awards made under the convention between the United States of America and the Republic of Mexico, concluded on the 4th day of July, 1868, reported it with amendments.

Mr. DENNIS, from the Committee on Commerce, to whom was referred the bill (S. No. 1044) ~rantin~ a site for a dry-dock in the City of Baltimore, upon certa.m conditions, asked to be discharged from its further consideration and that it be referred to the Commit­tee on Military Affairs; which waa agreed to.

Mr. CONKLING, from the Committee on Commerce, to whom were referred the bill (S. No. 125) to change the name of the steamer George W. Elder to Columbia, and the bill (S. No. 126) to change the name of the City of Chester to Portland, reported them without ameJ?.dment.

CUSTOMS OFFICERS IN ALASKA.

Mr. DAVIS, of Illinois. The Committee on the Judiciary have had under consideration the bill (S. No. 1045) to provide for the adminis­tration of the oath of office to collectors and other officers of customs in the district of Alaska, and have directed me to report it back with a recommendation that it be passed. .Mr. President, there is a neces­sity that this bill be acted upon at once. It simply allows the col­lectorof customs in Alaska to take the oath of office before the judge of any circuit or district court of the United States. Whether he could do so now or not, the Committee on the Judiciary do not wish to pass upon; but the Treasury Department have doubts upon the subject, and there can be no objection to the passage of the bill.

By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the bill. It provides that until the formal organization of the Territory of Alaska, the oath of office required by law to be taken by a collector or other officer of the customs in Alaska may be taken before the judge of any circuit or district court of the United States.

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

BILLS INTRODUCED .. Mr. KELLOGG a-sked, and by unanimous consent obtained, leave

to introduce a bill (S. No. 1110) to aid the completion of the soldiers' and sailors' monument at Chalmette national cemetery, Lonisiana; which was read twice by its title and referred to the Committee on Appropriations.

Mr. MAXEY asked, and by unanimous consent obtained, leave to introduced a bill (S. No. 1111) for the relief of Somerville & Davis;