c

1876. CONGRESSIONAL RECORD-SENl1.TE. 3039

IN SENATE. TUESDAY, May 9, 1876.

Prayer by the Chaplain, Rev. BYRON SuNDER~"D, D. D. The PRESIDENT pro tmnpore. The Secretary will read the Journal

of yesterday's proceedings. Mr. SARGENT. I move that the Senate adjourn. Mr. EDMUNDS. I insist on the reading of the Journal. Mr. SARGENT. I insist on the rule which says that no business

can proceed without a quorum of the Senate. Mr. EDMUNDS. The Senator does not know that there is not a quo-

rum present. Mr. SARGENT. Obviously there is not. Mr. EDMUNDS. It is not obvious to me, Mr. President. Mr. SARGENT. I ask for a count of the Senate. Mr. EDMUNDS. The Secretary had better call the roll, and we can

tell. The PRESIDENT pro tempo1·e. The Secretary will call the roll. The Chief Clerk called the roll, and twenty-one Senators answered

to their names. The PRESIDENT pro tempore. There is not a quorum present. Mr. SARGENT. I move that the Senate adjourn. The question being put, a division was called for, and the ayes were

4 and the noes 8. Mr. SARGENT. I ask for the yeas and nays. The yeas and nays were ordered; and the Secretary proceeded to call

the roll. Mr. WITHERS, (when Mr. JOBNSTON'snamewascalled.) My col­

league is detained from the Senate, having been compelled to return home in consequence of sickness in his family.

l\!r. McMILLAN, (when Mr. WINDOM's name was called.) My col-league is necessarily absent from the Senate at this moment. ·

The Secretary resumed and concluded the call of the roll ; which resulted-yeas 13, nays 9 ; as follows:

YEAS-Messrs. Alcorn, Bayard.J _Boutwell, Cra~, Dorsey, Hitchcock, McCreery, McMillan, Merrimon, Mon·ill of maine, Sargent, Saulsbury, and Withers-13.

NAYS-Messrs. Cockrell, Davis, EdmundS, Ferry, Hamilton, Kernan, Oglesby, Paddock, and Wright-9. •

ABSENT-Messrs. Allison, Anthonv, Bogy, Booth, Bruce, Burnside, Cameron of Pennsylvania, Cameron of Wisconsin, Caperton, Christiancy, Clayton, Conkling, Conover, Cooper, Dawes, Dennis, Eaton, English, Frelinghuysen, Goldthwaite, Gordo~ Hamlin, Harvey, Howe, Ingalls, .Johnston, .Jones or Florida, Jones of Ne­vada, Ji.elly, Key, · Logan, McDonald, Maxey, Mitchell, Morrill of Vonnont, Mor­ton, Norwood, Patterson, Randolph, Ransom, Robertson, Sharon, Shennan, Spencer, Stevenson, Thurman, Wadleigh, Wallace, West, Whyte, and Windom-51.

So the motion was agreed to; and (at twelve o'clock and ten min­utes p. m.) the Senate adjourned until Friday, Ma.y 12.

HOUSE OF REPRESENTATIVES. ·TUESDAY, May 9, 1876.

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. I. L. TOWNSEND.

The SPEAKER pro tempore. By order of the House on yesterday the meeting of the Honse to-day is merely formal, for the transaction of no business whatever.

Mr. MORRISON. I move that the Honse do now adjourn. The motion was agreed to; and accordingly (at twelve o'clock and

five minutes p.m.) the House adjourned until Friday, the 12th instant.

IN SENATE. FRIDAY, May 12, 1876.

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. The Journal of the proceedings of Tuesday last was read and ap­

proved. MEAD'S STATUE OF ETHAN ALLEN.

The PRESIDENT pro tempore laid before the Senate the following communication from the governor of Vermont; which, on motion of Mr. MoRRILL, of Vermont, was ordered to lie on the table and be printed:

STATE OF VERMONT, ExECUTIVE CHAMBER, Montpelier, May 4, 1876.

Sm: In accordance with the resolution of Congress passed .July 2, 1864, inviting each State to furnish for the old Hall of the House of Representatives two full­length marble statues of deceased :Persons, such as each State shall determine to bo worthy of national commemoration, the State o~ Vermont, by vote of its General Assembly, has caused to be made a marble statue of Colonel Ethan Allen, a most prominent and distinguished man of the State in its early history.

I have now the honor to infonn you that this statue, by Larkin G. Mead, an American artist, is finished. and has been forwarded to Washington and delivered to the architect of the Capitol.

I have the honor to be, your obedient servant,

Hon. THOMAS W. FERRY, ASAHEL PECK.

President pro tempOTe of the U11ited States Senate.

DISTRICT PUBLIC SCHOOLS. The PRESIDENT p1·o tempore la.id before the Senate a letter from

the commissioners of the District of Columbia, in answer to a-resolu­tion of the Senate of the 2d instant, requesting information as to whether the standard of qualifications of teachers, text-books, mode of punishment of pupils, rules, regulations, and general supervision of white and colored schools are the same in the District of Columbia, transmitting a communication from the board of trustees of the pub­lic schools showing that there is no discrimination in the public schools of the District; which, on motion of Mr. 'l'HURMAN, was re­ferred to the Committee on the District of Columbia, and ordered to be printed.

JOURNAL OF MONDAY.

~he PRESIDENT pro tm1tpore. As the Journal of Monday last was not read on Tuesday, there not being a quorum present, the Secretary will now read the Journal of Monday.

Mr. EDMUNDS. Is there a quorum present now! The Journal ought not to be read if there is not a quorum here.

The PRESIDE:MT pro ten~pore. The Secretary will count the Senate. (A pause.) The Chair is informed by the Secretarytha.t thirty-three Senators are present; which is. not a quorum.

Mr. SHERMAN. I move a call of the Senate. The PRESIDENT pro tempore. If there be no objection the Secre­

tary will call the roll. The Chief Clerk called the roll, and thirty-eight Senators answered

to their names. The PRESIDENT pro tempore. There is a quorum present. The

Journal of Monday last will be read. The J onrnal of the procedings of Monday last was read and ap­

proved. ADJOURNMENT. TO MONDAY.

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

PETITIONS AND MEMORIALS.

Mr. SARGENT. I present the petition of certain residents of the State of California, and stockholders in the corporation known aa the Central Pacific Railroad Company. They say that "the corporation known as the Central Pacific Railroad Company of California was in­corporated under the laws of the State of California, on the Z7th of June, A. D. 1861, for the purpose of constructing a railroad from the city of Sacramento to the eastern boundary of said State, a distance of about one hundred and fifteen miles.

"That by virtue of certain acts of Congress, the said railroad com­pany became authorized to construct its railroad from said eastern boundary of said State, eastward until it should meet the railroad then being constructed by the Union Pacific Railroad Company.

''That in pursuance of the authority conferred by said incorporation, and by the acts of Congress aforesaid, the said Central Pacific Rail­road Company of .California constructed a line of railroad from the city of Sacramento to Promontory Point, in the Territory of Utah, a distance of six hundred and ninety miles.

"That the capital stock of said Central Pacific Railroad Company of California was named in the articles of incorporation at $8,500,000, divided into 85-,000 shares of $100 each.

"That at the time of said incorporation there was subscribed to said capital stock ~ follows: Leland Stanford, one hundred and fifty shares; Mark Hopkins, one hundred and fifty shares; C. P. Hunting­ton, one hundred and fifty shares; Charles Crocker, one hundred and fifty shares ; and said persons ·were in said articles named as directors of said company, and now are directors thereof, and have, from said incorporation . to the present time, been the only managers thereof, excepting that one Edwin B. Crocker, a ~rother of said Charles, was for a short time one of said directors or managers.

"That your petitioner, John R. Robinson, became a stockholder in said company in the year 1862, and your other petitioners in 1864.

"That the various ~ifts and subsidies of money, bonds, and lands, made to said corporation by the United States, the States of C~or­nia and Nevada, and various counties and cities in the said State of California, have exceeded in value the sum of $12.5,000,000, and that there have been issued bonds, secured by mortgages on said road, to the amount of $27,000,000.

"That the portion of the road built by the Union Pacific Railroad Company, lying between Ogden and Promontory Point, both in t-he Territory of Utah, has been purchased and is now owned and oper­ated by the Central Pacific Railroad Company, and that the total dis­tance from the city of Sacramento is about seven hundred and forty miles."

I may be excused for particularly reciting the facts sta~d in the petition on account of the importance of the prayer which is made in it, and if the facts themselves should be found true on investiga­tion, they are well worthy of the attention of the Senate. The petitioners further say that "instead of building said railroad in as economical a manner as was possible, and for the best interests of the stockholders of said company, the said managers, in order and for the purpose of cheating and de:b:-auding the petitioners and other stock­holders, and depriving them 9f their just share in the profits of the enterprise, and to make Congress and certain officers of the execu­tivedepartmentof the Government, and more especially the Secretary

•

3040 CONGRESSIONAL RECORD-SENATE. MAY 12,

of the Treasury and the Secretary of the Interior, believe that the said roadhadco:st a much largersum thanit really did, and to obtain from Congress more favorable legislation on behalf of said railroad, the said managers formed a certain firm known as Charles Crocker & Co., and of which all of said managers were members, to which firm they let contracts for building said road, at prices greatly in advance of the value of the work to be done; the profits whereof were di­vided among said managers for their own use.

"That in the. year 1867 the said managers procured one William E. Brown, one Theodore J. Milliken, and one Benjamin R. Crocker, all of whom were clerks or employes of said managers, to form a certain corporation known as the Contract and Finance Company; that al­though said Brown, Milliken, and B. R. Crocker appear as the cor­porators thereof, yet the real parties in interest were the said man­agers, Stanford, Hopkins, Huntington, and Charles Crocker; and that the said managers, acting as directors of said railroad company, con­tracted with themselves, in the name of said Contract and Finance Company, under the pretense of building and equipping the said rail­road, at prices greatly in excess of the work to be done or material to be furnished, whereby all the funds, assets, and property of said railroad company, other than its road-bed and rolling-stock, were transferred to the said Contract and Finance Company, for the use of said managers, in fraud of your petitioners and other stockholders of said railroad company and of the Government of the United States.

'' That said Central Pacific Raih-oad was completed and operated over the whole length thereof, for the carriage of passengers and freight, on or about the 8th day of May, 1869 ; and that the net earn­ings thereof, over and above its operating expenses, from said last date to the 31st day of December, 1875, have been about forty millions of dollars.

"That said managers of said Central Pacific Raih-oad Company of California, and said Charles Crocker & Co., and said Contract and Finance Company built said road with as little outlay of money as was possible to have the same accepted by the commissioners ap­pointed by the Government and to keep the cars running thereon; that much of the trestle-work and many of the culverts and water­ways on said road are of the most temporary character; that a large portion of the ties are of inferior pine wood, unfit for the purpose, and are now rotten and unsafe for the passage of trains thereon; that a great portion of the iron rails are now in bad order and need replac­ing, and are not safe; that the depots, station-houses, and workshops along the line, excepting one shop at Sacramento, are slight and cheap wooden structures, and in marked contrast with the fine stone build­ings used for like purposes on the Union Pacific road; and that a large number of the locomotives on said road are also of inferior quality and workmanship. _

The petitioners represent that, "if Congress will cause said road to be examined by competent engineers, it will be found that the whole line of road built by said Central Pacific Railroad Company of Cali­fornia can be completed accordin~ to the manner in which it was built for a sum not to exceed 35,0uO,OOO.

"That the said managers do not expend upon the road-bed, bridges, trestle-work, culverts and water-ways, rails and iies of said road, or upon the rolling-stock and motive power thereon, sufficient money to keep the same in good repair and to render the same safe for the trans­portation of persons and property; and your petitioners represent that most of the delay.and stoppage of business on said road during the past winter was caused by the inferior charact-er of the road-bed, rails, and ties thereon, the same not being of sufficient strength to bear the weight of the snow-plows necessary to be used in removing snow from said track; and your petitioners further represent that to put said road in good order and bring it up to the standard of a first­class road, so that passenger-trains could pass over it with safety at the ordinary rates of speed at which-such trains are moved on main roads in New York, Pennsylvania, or Massachusetts, would require an immediate expenditure of about two and a half million dollars. . "And your petitioners further aver and represent that since the com­pletion of said Central Pacific Railroad the managers thereof, from and with the moneys and assets acquired by them in the building of said road in the dishonest and wicked manner before shown, and from the earnings thereof, have constructed a certain railroad known as the California and Oregon Railroad, and also a certain other railroad known as the San Joaquin Valley Railroad, and also a large part of the road known as the Western Pacific Railroad, and also a certain other railroad known as the San Francisco Bay Raih-oad, all within the State of California; and also a large part of a certain railroad in the States of Virginia and West Vrrginia known as the Chesapeake and Ohio Railroad.

"And from the said moneys and assets so as aforesaid acquired by said man:tgers they have purchased those certain railroads known as

. the California Pacific Railroa-d, the San Francisco and Oakland Rail­road, the San Francisco and Alameda Railroad, the Los Angeles and Sau Pedro Railroad, the San Francisco and San Jose Railroad, and also a large number of steamboats running on the inland waters of Cali-fornia. ,

"That the said managers issued bonds upon said railroads as follows: On the California. and Oregon...... . • • • • • • • . • . • . • . . . • • . . . • . . • • • • • • • • • • • $8, 080, 000 On the San Joaquin Valley ...•.•.....•.•.•...................•••••. : ... 6, 080,000 On the Western Pacific . . . . . . . . . . . . . . . . . . . . . . . • • • . . • . • • • • • • :. . . . . • • • • • 2, 735, 000 On tho San Francisco, Oakland and Alameda . . • . . . • • . • • • • • • • • • • • • . • • • • • 1, 500, 000

"And that a portion of said bonds have been sold and the proceeds thereof received by said managers, and the balance thereof have been divided among said managers, who claim to own the same.

"That all of the aforesaid railroads, excepting the California Pacific, the Los Angeles and San Pedro, and the San Francisco and San Jose, have been consolidated with said Central Pacific Raih-oad Company of California under the name of the Cent1·al Pacific Railroad, and the said Stanford, Hopkins, Huntington, aml Charles Crocker named them­selves as directors and managers thereof.

"That the capital stock of said new corporation was made to appear to be 100,000,000, and the said managers have issued to themselves about $54,000,000 thereof, claiming to have paid the company there­for, and to be entitled to the same; but your petitioners aver and rep­resent that said managers have not pn.id therefor, or any part there­of, excepting the one hundred and fifty shares which each subscribed at the time of the original incorporation as aforesaid, except the same was paid for from or with the money fraudulently and dishon­estly abstracted by them from the funds of said corporation."

These petitioners further say that'' at JJO time, either before or sin e t.heir becoming the managers of said railroad corporation, did either Stanford, Hnn..tington, Hopkins, or Charles Crocker have or own mone~1 assets, or property of any kind exceeding the sum of $50~000; and au of them together never did and do not own over 150,000, except the money and assets so as aforesaid fraudulently and dishonestly ac-quired. ·

"That at the time of said original incorporation of said Central Pacific Raih-oad of Califoruia, and for some time prior and subsequent thereto, the said Stanford, in partnership v.ith a brother, carried ciJh business as oil merchants.

"That said Huntington and Hopkins were partners in the hard ware business.

''That said Charles Crocker was in the business of retailing calico, tape, pins, and needles.

"That all of said persons were residents of the county of Sacramento, and by a law of the State of California every person is required to make, once in each year, a return onder oath to the assessor of the county in which he resides of the property owned by him. That for the years 1860, 1861, and 1862, being the year of the said incorpora­tion, and. the year before and after, the said managers made returns as follows:

1860. 1861. 1862.

----------. ----------------L. Stanford & Brother. . • • • • . .. • . • . • • • • • .. . • . • . . . . . $53, 700 $43, 600 e;J2, 950 Charles Crocker. . . . .. .. .. • .. • . . • .. .. • .. • • .. • .. • . . . ~ 750 29, 450 25, 350 MarkHopkins .................................... 14:200 13,900 9,700 C. P. Huntington .................................. 8, 930 8, 680 7, 225 Huntington & Hopkins...... . • • .. . • . . . . . . • • . • • . . . . 15, 430 21, 405 34, 115

Total........................................ 119,260 117,035 109,340

"That with the moneys acquired as aforesaid, and from the present earnings of said Central Pacitic Railroad, the said managers are now building the railroad known a-s the Southern Pacific Railroad, and said

. managers claim to own the same, irrespective of the petitioners and the other stockholders of said Central Pacific Railroad.

"The petitioners further represent that the said managers claim that all the depot grounds, town sites, water-tanks, and sources of supply of water along said Central Pacific Railroad are owned by them in private ownership, although the same are nearly in ahnost every in­stance situate upon lands granted by Congress to said railroad com­pany; and the said managers claim to own the lands and buildings in the city and county of San Francisco used by said railroad com­pany as offices."

Mr. EDMUNDS. May I ask the Senator what the document is he is readingf

Mr. SARGENT. I am presenting a petition. Every statement which I have read is pertinent and necessary for the action of the Senate, and, if tme, requires legislation by Congress.

Mr. EDMUNDS. I was inquiring for infox·mation merely. I have no comment to make.

Mr. SARGENT. Early in the session the Senate, on my motion, passed a -resolution instrnctin~ a prominent committee of this body to inquire into these matters and report upon them, and I have no doubt that the statements here made, at any rate if proof be taken upon them, will be of some assistance to that committee in reporting their conclusions to the Senate. These petitioners further say "that the said managers have, with the moneys acquired as aforesaid, purchased a considerable interest in the express busines of Wells, Fargo & Co., and have given to said Wells, Fargo & Co. the exclusive right to do express business upon and over all said railroads ; and have purchased a majority of interest in certain coal mines, and have, as directors of said railroad compq.nies, made contract.s with themselves for supply­ing said railroads With coal ; and have, with the moneys so acquired as aforesaid, bought large tra-cts of land in the city and conn ty of San Francisco, and in various parts of the Sta.te of California and the State of Oregon; and have, with the money so as aforesaid acquired, built for themselves Jarge and costly places for residence in the cit.ies of San Francisco and Sacramento ; and that said managers claim to

1876. CONGRESSIONAL R,ECORD-SENATE. 3041 own said stock in said Wells, Fargo & Co., and said coal mines, and all tbe other property in this paragraph mentioned, in their own dght and irrespective of your petitioners and the other stockholders of said railroad company."

I will remark· that it seems railroad building is very profitable. Credit Mobilier sinks into insignificance. The Government is inex­cusably negligent if it does not take some means to secure the pay­meut of its interest and an adequate sinking fund out of this bonanza of wealth.

The petitioners further represent "that l)y reason of having the con­trol of SllCh large sums of money and property the said managers pos­sess great inflnence, and have, so far, succeeded in preventing Con­gress or ::Illy State legislative body from inqumng into their wicked and djshonest practices; and that said managers have expeu<led and pa.id out large sums of money to influence legislation in t.heir favor and to prevent the passage of adverse measures, both in Congress and in the Legislature of this 8tate, and it is the boast of said managers that, by the use of money, no legislation adverse to them can be bad."

That certainly is a very important statement. If they have ma.de any such bonst Cong1·ess should know it; and _if it is true Congress should know it.

The petitioners "have often demanded from said managers au ac­conntofthcir acts:tnddoingsintbepremises,and to be paid what might be rightfully due to them, and each of them, as their proportion of the earnings and profits of said railroads; but said managers have refused to account to your petitioners, or either of them, or to pay to them, or either of them, their share of said eamings and profits, and have ac­cused your petitioners of t1·ying to levy black-mail upon them, because your petitioners made the demands as aforesaid.

"That although your petitioners have a remefly at law to enforce. their rights in the premises, and the courts of this State are presided over by honorable and learned judges, yet your petitioners a1·e all men of small means, and it is well known to your honorable bodies that the said managers, having the control of so much money, and haviug in their employment a large sta,ff of eruineut counsel, the delays of the law can be invoked to binder and prevent your petitioners from estab­lishing their rights, except at a cost that would be beyond their abil­ity t·o pay.

"And now, in their extreme need, they come to you, the supreme law-making power of the nation. It is the boast of the people of all countries governed by tQ.e common law, that there is no station so high as to be above its reach, none so low n.s not to be entitlecl to its protection. In this case we present you the two extremes-those of whom we complain, gil<ling their moral deformities and corruptions with ill-gotten wealth, stand to-day on the pinnacle of that power which is attained by monetary influence, while the petitioners, hav­ing by these unfaithful trustees been deprived of the fruits of t,be labor which they have invested in this ra.ilroad enterprise, are poor aud low l v indeed.

"The interests of the Government are identical with those of the petitioners. The Government is entitled to 5 per cent. on the net earnings of the roacl from the time of completion, and it is of impor­tance to it to determine what charges are properly <leduc table from the gross earnings, so as to ru.·1·ive at. the t.rue sum of the net earnings. .And if, as the petitioners aver, the property and earnings of the said Southern Pacific Railroad belong to the said Central Pacitic, then such earnings will largely increase the amount which should be paid to the Government. ·

"By the act of Congress passed July 1, 1862,itis provided that when­ever the earnings of the road amouu t to 10 per cent. upon its cost,

.Congress mayregulate the rates to be charged for the transportation of persons and property thereon ; and if, as the petitione!'H aver, the said road cost less than $40,000,000, then the time has long since arrived when the power reserved by Congress can he exercised, and it will be of great advantage and benefit to the whole people of the United States so to do, and relieve them from the oppressive and arbitrary exactions made by the managers of thit> corporation for their own benefit.

".Again, if, as the petitioners aver, the said road was built from and with the subsidies of bonds and lands made by the Unitecl States to said company, and the subsidies made by t.be States of Nevada and California, and various other counties and cities of said State of Cali­fornia, t:l1en the issue of the bonds to the amount of $27,000,000, and which now constitute a first lien on said road, was improperly and fraudulently made, and Congress should, by a})propriate enactment, compel said managers to take up, cancel, and retire said bonds, and the claim of the United States would then be the first lien upon said road, and be fully protected.

"And the petitioners humbly pray that your honorable bodies will appoint a committee of your two Houses, to sit in the city of San Francisco during yoUI· adjournment, with full power to take testi­mony, and inquire into the affairs of said ra.ilroad company, said firm of Charles Crocker & Co., a.nd said Contract and Finance Company; and that alllegi;:;lation now proposed by the managers of said rail­l'Oad company may be postponed until after such committee shall have reported the true facts in the premises.

"And the petitioners undertake and promise to establish and make goe-.1 all the averments and allegations in this petition contained."

The petition is signed by John R. RoiJinson, Anthony Egl, anti An-

IV-191

tbony Coolot. I move that it be referred to the Committee on Rail· roads, and trust the committee will give it au early and careful con­sidemtion.

The mot ion was a~reed to. Mr. CO:NOVER presented the petitions of citizens of the United

States, praying the interposition of the Government to procure the release of Edward O'Meagher Condon, a citizen of the United States, now undergoing a sentence iJ;l an English prison; which was referred to the Committee on Foreign Relations.

Mr. KERNAN presented the memorial of A. F. Barker and others, of Jefferson Connty, New York, remonstrating against the passage of House bill No. 2479, granting an .American register to the Canadian steam ferry-boa.t Geneva, and for other purposes; which was referred to the Committee on Commerce.

Mr. McMILLAN presented tho petition of Epbriam C. Ingalls and other citizens of Sunrise City, Minnesota, praying for the estab­lishment of a mail-route 1n the county of Chisago, Minnesota; which was referred to the Committee on Post-Offices and Post-Roads.

Mr . .ALCORN presented a joint resolution of the Legishrlure of Mississippi, in favor of an appropriation by Congress to clean out and make navigable at all seasons the 'fombigbee River between the town of Columbus, Mississippi, and the Gulf of Mexico; which was re­ferred to the Committee on Commerce.

He also presented a memorial of citizens of Louisiana, in conven­tion assembled, in favor oft be passage of the bill (H.R. No.1673) mak­ing an appropriation for rebuilding the levees and reclaiming the alluvial lands subject to overflow on the Mississippi River, under the direction of the Secreta.ry of War; which was referred to the Select Committee on the Levees of the Mississippi River.

He also presented the petition of Joseph H. Bear<lslee, of Moss Point, Jackson County, Mississippi, praying for an additional pension for services rendered against the Indians after the expiration of the period of his enlistment in the war of 1812; which was referred to the Committee on Pensions.

He also presented the petition of Reuben Davis, of Monroe County, Mississippi, praying for the removal of his political disabilities; which was referred to the Committee on the Judiciary.

Mr. WRIGHT presented a resolution of tho boa~·d of supervisors of Emmett County, Iowa, in favor of the passage of a law whereby Em­mett County may obtain indemnity lands from any of the public lands of the United States, or other indemnification for her swamp lands to which she is entitled, as shown by the certified selection and survey of said lands now on file in the United States General Land Office; which was referred to the Committee on Public Lands.

Mr. CHRISTIANCY presented the petition of Mary E. Porter, widow of Frank W. Porter, late a private in Company A, Fifth Mich­iga,n Infantry, praying for the removal of the charge of desertion against her late husband from the records of said company; which was referred to the Committee on Military .Affairs.

:Mr. BOUTWELL. I present a resolut.ion adopt.ed by the Legisla­ture of Massachusetts in regard to the imprisonment of Edward O'Meagher Condon. I ask that it may be read.

The Chief Clerk read as follows: COMMO}.>VEALTB 01<' MABSACHUSETI'S,

In the year 1876. Resolution relll.ting to Edward O'Me..<tgher Condon. Resolved, That our Senators and Repretientati...-cs in Congress be requested to use

their influence to secure the release from pl'ison of E<lward O'Meagher Condon, now in confinement in Portland, England, if in their opinion such release is consist· ent with the purposes of justice.

Passed. Sent up for concmTence . HOUSE OF REPRESEXTATIVES, April 24, 1876.

GEO. A. MARDEN, Clerk.

Passed in concurrence. SENATE, April26, 18i6.

S. N. GIFFORD, Olerk. SECRETARY'S DEPAllTMJL~T.

A true copy. Boston, May 6, 1876.

Witness the seal of the Commonwealth, (sEAL.] HENRY B. PIERCE, Secretary.

Mr. BOUTWELL. I move that the resolution be referred to the Committee on Foreign Relations and printed.

The motion was agreed to. Mr. MORRILL, of Maine. I present the petition of James N. Car­

penter, pay-inspector in the United StatesN avy, praying compensation for services rendered as paymaster while at the same time discharging his regular duties as pay-inspector. This is a sort of supplement to a petition already in the bands of the Committee on Naval Affairs; and I move that thi1:1 paper be referred to that committee.

The motion was agreed to. Mr. COCKRELL presented the petition of Moo<ly Mansur, M. D.,

pmying compensation for services rendered a.s surgeon in the United Stat.cs Army in 1837, during the Florida war; which was referred to the Committee 011 Claims.

Mr. STEVENSON presented a petition of citizens of Covingt.on, Kentucky, praying for the passage of an act to prohibit the manu­facture and sale of alcoholic liquors as a beverage in the District of Columbia, in the Territories of t.he United States, and in all plar.es where Congress exercises exclusive legislation; wllic4 wa§ ordered to lie on the table. · · ·-· · -·

3042 CONGRESSIONAL RECORD-SENATE. MAY 12,

PRINTING OF COMl\IUNICATIONS.

Mr. MORRILL, of Vermont. I ha;v~ received fro.m the Secretar;r of tbe Interior and from the Commtsswner of Penswns a commum­cation which I desire to have printed for the use of the Commi~tee on Public Buildings and Grounds. They represent that there IS ~ great present nec~ssity for a new building for ~he ?ffice of the Com­missioner of PensiOns. I have also a commumcat10n from the com­missioners of the District of Columbia, who ask permission to take the material of the old jail building and remove the same, and con­struct another in a different part of the District, and asking for an appropriation to enab.le them to do it. I ask nnani~ous consent ~o havo these papers prmted for the use of the Comm1ttee on Public Buildings and Grounds.

The PRESIDENT p1·o tempore. Is there objection to the printing of these papers for the use of the committee f The Chair hears no ob­jection, and the order to print will be made.

MESSAGE FROl\1 THE HOUSE.

A message from the Honse of Representatives, by G. M. ADAl\rs, its Clerk, announced that the Honse had passed the following bills and joint resolutions; in which the concurrence of the Senate was req nested : · . .

A bill (H. R. No. 401) for the relief of Mrs. Flora A. Darlmg, of New Hampshire;

A bill (H. R. No. 492) for the relief of William G. Ford, of Tennes­see, administrator of John G. Robinson, deceased;

A bill (H. R. No. 516) for the relief of Floyd C. Babcock; A bill (H. R. No. 612) to carry into effect a convention between the

United States and His Majesty the King of the Hawaiian Islands, signed on the 30th dav of January, 1875;

A bill (H. R. No. 650) for the relief or James Allender, of Preston County, West Virginia;

A bill (H. R. No. 755) for the relief of Jackson T. Sorrells; A bill (H. R. No. 901) for the relief of J. E. Robertson & Co., of

Indianapolis Indiana; A bill (H. R. No.1034) for the relief of James G. Ha.rrison; A bill (H. R. No. 1089) granting a pension t.o Thomas I. Fox, late a

private of Company C, Fifty-second Regjment Ponnsyhauia Volun­teers;

A bill (H. R. No.1503) for the relief of Sarah F. Albertson, of Boon-ville, Missouri ; . . . .

A bill (H. R. No. 1521) gra.ntmg a penswn to Loms A. McLaughlin; A bill (H. R. No. 1641) granting a. pension to. Mary A. Castcrweller,

widow of John Casterweller, a soldier of the late war; A bill (H. R. No.1680) granting a pension to Mrs. HenriettaJ. Foust; A bill (H. R. No. 1713) for the relief of Berthold Loewenthal, of

Chicago, illinois ; . . . A bill (H. R. No. 1800) for the rehef of Kendrick & Avts, Kuner,

Zisemann & Zott, Kuner & Zott, all of Saint Louis, .Missouri, and Nachtrieb & Co., of Gallion, Ohio; ·

A bill (H. R. No. 1814) granting a pension to Samuel Sheaffer; A bill (H. R. No. 1846) authorizing the retirement of Colonel W.

H. Emory with the rank and pay of a brigadier-general; A bill (H. R. No.1849) granting a pension to Abigail S. Dawney; . A bill (H. R. No. 1896) granting a pension to Beujamin Hickey, a

private in Company C, First Regiment Tennesse~ Volunteer Cavalry; A bill (H. R. No. 1931) granting a pension to John J. Partillo, of

Gratiot County, Michigan; A bill (H. R. No. 1936) granting a pension to John Haley; A bill (H. R. No. 2017) for the relief of Dorothea Irons, sister of

Lieutenant Joseph F. Irons, late of the First United States Artillery; A bill (H. R. No. 2076) granting a pension to Henry W. Higley, of

Lena, lllinois ; A bill (H. R. No. 2081) granting a pension to William McLay, late

a private in Company G, Twe~th Illiuo~ Infantry Volunte~rs; A bilJ (H. R. No. 2159) granf4ng a penston to Aaron H. l\1lller, late

private of Company G, Twenty-ninth Regiment Indiana Volunteers; A bill (H. R. No. 22'~) granting a pension to Thomas Pulling, of

Big Rapids, Mecosta County, Michigan ; . A bill (H. R, No. 2231) granting a pension to Emily E. Weiss; A bill (H. R. No. 2330) granting a pension to Lafayette Decker, of

Richmond County, New York, late a private in Company E, Fourth :New York Heavy Artillery;

A bill (H. R. No. 2387) to fix the retired pay of Snrgeon.General Clement A. Finley, (retired;)

A bill (H. R. No. 2404) for the relief of John S. Dickson, late cap­tain of paroled prisoners;

A bill (H. R. No. 2468) granting a pension to David McComb, late employe in the navalserYice of the United States;

A bill (H. R. No. 2602) granting a pension to Eleanor Douglass; A bill (H. R. No. 2620) ~ranting a pen!'ion to Jonas A. Bigelow, Com~

pany K, Fourteenth Regtment Ohio Volunteer Infantry; A l>ill (H. R. No. 2804) granting a pension to Harriet C. Dunham,

widow of Charles A. Dunham, late private Company A, One hun­dred and eighteenth Pennsylvania Volunteers;

A bill (H. R. No. 2829) for the relief of .Ariel K. Eaton an<.l James D. Jenkins;

A bill (H. R. No. 2832) for the relief of Mrs. Eliza E. Hebert, of Lou is ian a;

A l>ill (H. R. No. 2833) for the relief of Snsan P. Va,nce;

A bill (H. R. No. 2335) for the relief of R. J. Henderson, of Newton County, .Missouri;

A bill (H. R. No. 2836.)for the relief of Joseph Wilson, of Bourbon County, Kentucky ;

A bill (H. R. No. :l837) granting a pension to Edwar(l F. Eddy; A bill (H. R. No. 2838) granting an increase of pension to Thomas

H. Martin; A bill (H. R. No. 2839) granting a pension to Ellen Morrow, mother

of John Morrow, late private Company H, Potomac Home Brigade, .Mary land Volunteers;

A 'bill (H. R. No. 2840) granting a pension to William Thomas; A bill (H. R. No. 2841) gmnting a pension to Green Edwards; A bill (H. R. No. 2842) granting a pension to RobertS. Toland; A bill (H. R. No. 284!3) granting a pension to James C. Bates; A bill (H. R. No. 2844) granting a pension to Levi D. Hayward; A bill (H. R. No. 2845) hrranting a pension to Herman Nettlefield; A bill (H. R. No. 2846) granting a pension to Lovina Adeline Bow-

ker· A'hill (H. R. No. 2347) granting a pension to Lucinda Starnes; A bill (H. R. No. 2848) granting a pension to F. M. Bruner; A bill (H. R. No. 2849) for the relief of William Rule, postmaster at

Knoxville, Tennessee · The bill (H. R. No. 2952) authorizing the Commissioner of Patents to

rehear the application of Stephen V. Benet for patent for cartridges; A bill (H. R. No. 2953) for the relief of Hugh W. Mercer; A bill (H. R. No. 3033) for the relief of A. F. McMillan, late captain

First United States Heavy Artillery; . A bill (H. R. No. 3034) granting a pension to Oliver T. Everhart;

A bill (H. R. No. 3035) granting a pension to Smith Bell ; A bill (H. R. No. 303G) granting a pension to Mary McLain, widow

of Cha.rles McLain, late lieutenant-colonel Two hundred and eleventh Pennsylvania Volunteers;

A bill (H. R. No. 3037) granting a pension to Samuel D. Falls, late unassigned recruit Ninth Regiment Minnesota Volunteers;

A bill (H. R. No. 30:~8) granting a pension to Almon F. Mills, late a prlvate Company K, Twenty-ninth Regiment Ohio Volnu teers;

A bill (H. R. No. 3040) gmnting a pension to Sarah J. Goss; A bill (H. R. No. 3041) granting a pension to James Rnffin 'Vood; A bill (H. R. No. 3093) for tbe relief of the legal representatives of

Za0hariah B. ·washbnrn, deceased; A bill (H. R. No. 3177) granting a pension, to Elizabeth T. Dubois,

widow of Theodore n. Dnbois, late acting volunteer lieutenant-com­mander in the naval service;

A bill (H. R. No. 3178) granting a pension to Thomas Galloway, late captain of Company C, }!'irst M:arylancl Cavalry Volunteers;

A bill (H. R. No. 3179) granting a pension to Thoma~ F. Wilcle , ln,t.e lieutenant-colonel One hundred and sixteenth Regiment Ohio Volunteers;

A bill (H. R. No. 3180) granting a pension to Oscar S. Collins; A bill (H. R. No. 318:2) for the relief of Albert Grant; A joint resolntion (H. R. No. 111) as to the printing of the delin­

qnent tax-list of the District of Columbia for 18i5; and A joint resolution (H. R. No.102) authorizing the Secretary of War

to loan the use of tents and camp and garrison eqnipage for shelter of the surviving veterans of the war of 181:2 and of the Mexican war during the centennial exposition at Philadelphia.

The message further announced that tho Homm had appointed lion. Sal\IUEL S. Cox, a Representative from the State of New York, Speaker pro tempore dnring the present absence of the Speaker.

The message also announced that the House bad passed the follow­ing bills: ·

A bill (S. No. 153) to grant the right of way for railroad purposes through the United States arsenal grounds near Benicia, California;

A bill (S. No.168) for the relief ofthe legal repre entativesof George Schwartz, deceased, late a private in Compa-ny F, Fifth Regiment Wis­consin Volunteer Infantry;

A bill (S. No. 199) for the relief of the estate of the late paymaster Major JohnS. Walker, UoHed St.ates Army; and

A bill (S. No. 384) for the relief of Mrs, Eli~a Potter, widow of Lorenzo T. Potter, deceased, lat.e of Charleston, South Carolina.

The message further announced that the House had pa seJ a con­current resolution for the printing of 2,000 copies of the addrcs. es made in the Senate and in the House of Representatives upon the death of Ron. Henry H. Starkweather, of Connecticut; in which the co?currence of the Senate was requested.

REPORTS OF COMMITTEES.

Mr. EDMUNDS. I am directed by the Committee on the Judidary, to whom was referred tJ:le bill ( S. No, 412) to extend the time for pre­senting claims to the Court of Claims and to the southern claims commission, to report it adversely, and to move its indefinite post­)Jonement. The Senator from Alabama, wbo introduced the bill, [Mr. GOLDTHWAITE,] not · being in his seat, I ask that tho bill be placed on the Calenuar.

The PRESIDENT p1•o ternpore. The bill will be placeu un the Calendar with the adverse report of the committee.

Mr. EDMUNDS also, from the Committee on the Jndiciu;y, ro whom was referred the joint resolution (S. R. No. 10) propo ing an amendment to the Constitution of the United States; reported it with amemlments.

1876. CONGRESSIONAL RECORD-HOUSE. 3tl43 Mr. WRIGHT. The Committee on Claims, to whom was referred

a petition of citizens of Oregon, praying for the passage o~ an act for tho relief of Mrs. Minerva Shipley and .Miss Nancy Spaulding, daugh­ters of Daniel Spaulding, who served, as is alleged, in the war of 18l:t, accompanied also by a petition of the heirs themselves, askiug that a special act be passed for the relief o~ such heirs ~d a sum.of money given to them in gross, and a.lso prayrng for a penswn, have mst.ructed me to report them back and recommend that the committee be dis­charrred from the fm·ther cousiueration of the petitions so far as they ask ;; special act for relief or a sum of money in gross, and that so far as they relate to the claim for pension they be referred to the Com­mittee on Pensions.

The report was agreed to. Mr. WRIGHT, from the Committee on Claims, to whom was referred

the netition of Mrs. Hannah W at.ers, of Horn Islanu, Mississippi Sound, praying for compensa~ion for certain beef-catf.le and swine .taken from be1· during the rebellion for th~ use of the Arm~ of th~ Umte~ States, asked to be discharged from 1ts further cons1derat10n ; which was agreed to.

He also from the Committee on the Jnilicial'y, to whom was re­ferred the

1bill (S. No. 87) to repeal the last clause of the act entitled

"An act making appropriations for sundry civil expenses of the Gov­ernment for the fiscal year ending June 30, 1874, and for other pur­poses," approved March 3, 1873, reported adversely thereon, and the bill was postponed indefirutely .

.Mr. BOOTH, from the Committee on Pensions, to whom was re­ferred the bill (S. No. 724) granting an-eat'S of increase of pen~ion to }'rancis A. Liebschutz, reported adversely thereon, and the bill was postponed indt:\finitely.

He also from the same committee, to whom was referred the bill (H. R. No: 1204) granting a pension to Henry H. ·wbarff, of Company C, Eighteenth Regiment of Ohio Volunteers, reported it without a ruendmeu t.

BILLS INTRODUCED. Mr. MERRIMON (by request) asked, anll by unanimous consent ob­

tained leave to introtluce a bill (S. No. 819) for the relief of Joseph W. Ire'land, of North Carolinn.; which was read twice by its title, re­ferred to the Committee on Claims, and ordered to be printed.

Mr. BOUTWELL. At the request of one of the pa1·ties named in the bill, I ask unanimous consent, without previous notice, to intro­duce a bill for t.be relief of James Tebanlt and others, to be referred to the Committee on Claims.

By unanimous conseut, leave was granted to introduce a bill (S. No. 820) for the relief of James Tebault and others; wllich was read twice by its title, referred to the Committee on Claims, and ordered to be printed.

Mr. DORSEY asked, and by un~nimous consent obtained, leave to introduce a bill (S. No. 821) authorizing the sale and disposition of the Hot Springs 1·eservation, in the State of Arkansasz and for other pur­poses; which was read twice by its title, referrea to the Committee on Public Lands, and ordered to be printed.

Mr. WRIGHT (by request) asked, and by nnanimous consont ob­tn.ined, leave to introduce a, bill (S. No. 822) for the relief of Samuel A. Wilkins; which was read twice by its title, aucl, wit.h the pa;pers relating to the case on the files of the Senate, referred to the Com-mittee on Claims, and orde1·ed to be printed. ·

PAPERS WITHDRAWN AND REFERRED. On motion of Mr. CONOVER it was Ordered, That Mrs. E. Call Long have permission to withdraw her petition and

papers from the files of the Senate. On motion of Mr. McCREERY it was Ordered, That the petition and papers of Lena. Bensinger be withdrawn from the

files of the Senate and referred to the Committee on Cla.ims. .Al\1END1\IENT TO .ArPROPRIATIO~ BILL.

Mr. DORSEY submitted an amendment iutended to be proposed by him to the bill (H. R. No. 2571) making appropriations for t·he legis­lative, executive, ann judicial expenses of the Government for the year ending June 30: 1877, and for othtlr pnrpo!!es; which was referred to the Committee on Appropriations, and oruered to bo pl'inted.

ANGELINE LOGAN. Mr. WRIGHT. If there be no resolutions, I ask the Senate to pro­

ceed to the consideration of a little bill. After I state the circum­stances I do not think there will be any objection to it. This bill passed the House at one time and came to tile Senate too late; it passeu the Senate one time and went to the House too late. It in­volves about $tl5 and is to pay a poor colored woman for washing done during ~he late rehellion. Her claim has been delayed from time to time. A bill for her relief has passed both Houses but never both Houses at the same session.

Mr. EDMUNDS. Has it over been rejected by either House f Mr. WRIGHT. No, sir; it never has been. I move that the Sen­

:tte proceed to the consiueration of the bilL The motion was agreed to; :tnd the Senate, as in Committee of the

Whole, proceeded to consider the bill (S. No. o9G) for the relief of Angeline Logan. It directs that there be paid. to Angeline Logan the sum of $95.85 for services rendered to soldiers of the Unit-ed States as lauudress and nUl·se in hospitals iu Van Buren ami ~ittle Rock, ArkansaB, during the years l!::l64 and 1835.

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

RECEIVERS OF NATIONAL BANKS. Mr. SHERMAN. There is on the Calendar House bill No. 2441

authorizin(J' the appoil!tment of receivers of national banks, and for other pnqfoses, which I think would give riM to no discussion. I move to take the bi1l up at this timo.

Mr. EDMUNDS. There is such a subdued and meek air a.ll through the Senate, that I think we ought to have the reflection of our homes and boarding-houses, and I move that the Senate acljouru.

Mr. SHERMAN. I hope not. If the Senator objects to the bill when it is read, I will consent to its going over.

Mr. EDMUNDS. I do not move to adjourn on account of my objec­tion to the bill by any means.

Mr. SHERMAN. I think we mjght as well stay here an hour longer, at any rate. I would not hn.ve any bill passed with a meager Senate that anybody objected to.

The PRESIDENT pro tempore. Does the Senator from Vermont withdraw l1is mot.ion!

Mr. EDMUNDS. No, sir. 'l.'he PRESIDENT pro tempore. The question is on the motion of

the Senator from Vermont tha.t the Senate adjourn. The motion wns agreed to-ayes 18, nays 13; and (at twelve o'clock

and fifty minutes p. m.) the Senate adjonmed.

HOUSE OF REPRESENTATIVES. FRIDAY, May 12, 1876.

The House met at twelve o'clock m. The CLERK. The Spe..'tker of the House being absent, and the time

for which a Speaker pro tempore was chosen for t.hc Honse having ex­pired, the Clerk, in conformity with the rules and usages of the House, now requests that the House will be in order w bile the Chaplain pro­ceeds with prayer.

Pmyer by the Chaplain, Rev. I. L. TOWNSEND. ELECTION OF A SPEA.KER PRO TEMPORE.

'l.'he CLERK. The House is now in session, a.nd, if there be no objec­tion, it will be held that the first business in order is the election of a Speaker pro tempore.

.Mr. MORRISON. I offer the following resolution, and ask its adop­tion:

Resol1Jed, That Hon. SAMUEL S. Cox, a Representative from the State o£ New York, be, and he is het·cby, appointed Spe~~oker pro tetnpore during tho preaont tem­porary absence of the Speaker.

The resolution was unanimously agreed to; and Mr. Cox a-ssumed the chair aa Speaker pro tempm·e.

The journal of Tuesday last was read and approved. Mr. HOLMAN. I submit the following resolution in regard to the

orgauization of the Honse: Resol·ved, That the Clerk of the House inform the President of the United States

that Ron. SAMUELS. Cox, one of the R~presentatives from the :state of New York, has boon appointed Speaker pro tempure during the present temporary absence of the Speaker.

'l.'he I'esolntion was agreed to. Mr. RANDALL. I offer the following resolution : Resolved, That the Clerk bo directed to inform the Senate that the House of Rep.

rcsentatives has appointed Ron. SAMUEL S. Cox, a l'tepresentative in t.bo llouse from the State of New York, as Speaker pro tempore during the preaent ausence of tho Spe.'\ker.

The resolution was agreed to. POST·OFFICE APPROPRIATION BILL.

111r. HOLMAN. I move that the Honse resolve itself into Commit­tee of the Whole on the state of the Union for the further considera­tion of the post-office appropriation bill.

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

(Mr. SPRINGER in the chair,) and resumed the consideration of the bill (H. R. No. 3263) ·making appropriations for the se1·vice of the Post­Office Department for the .fiscal year ending June 30, 1877, and for other purposes.

The CH.A.IRM:AN. The pen<ling amendment is the one offered by the gentleman from Pennsylvania [~1r. :MUTCHLER] to strike out all after the word dollars, in line 37, down to the end of the paragraph, a.g follows: "Pr&vi<l~d, That hereafter the free-delivery system shall 11ot be established in cities of less than 40,000 inhabitants, and may be continued ouly in cities of not less than 40,000 inhabitants where now established IJy law;" to which the gentleman from New Jersey [l\1r. CuTLER] offered an amendment to strike out all of the section after the word •'inhabitants," in line 39,asfollows: "Where now estab-lished by law." .

Mr. CLYMER. I trust that the gentlemanfromimhano., the mem­ber of the Committee on Appropriations who has charge of t.hjs bill, will cons~nt that the proviso be stricken out. I think be mHst ua von­vincetl by this time that a large majority of the comrnjtte13 are in favor of striking it out. It will save time of the commjttee, iJ."!l<l I think will subserve the }Jurposes of the ~Y~f~n~e~~~ ~ ~e ~~Ef fH:~rr~t)lQ t4a.t