believe that the brave soldiers throughout the length and breadth of this country, notwithstanding the record that my colleague has placed here before the House, will justify in the long run a vote in favor of this bill."

Mr. Cutcheon, of Michigan, said: "Mr. Speak er, I shall vote for this bill, not because of what Gen. Rosecrans said in regard to Gen. Grant, for I deeply regret that, but I shall vote for this bill because of what Gen. Rosecrans did in the war that maintained the Union. When the tocsin of war sounded, Gen. Rosecrans did not hesitate or palter, but he left everything behind him and laid all that he had upon the altar of his country, and when we needed victory, when this country in its heart of hearts was aching for want of victory, Gen. Rosecrans, in the very beginning, in West Virginia, gave us victory. Again, in the far Southwest, at luka, he gave us victory. He was promoted step by step from colonel to brigadier-general, and from that to major-general, and was placed at the head of the Army of the Cumberland, and again, in the closing days of December, 1862, at Stone River, he lighted the horizon of this whole country from edge to edge with the fires of victory. Then, following that, he gave us one of the most magnificent specimens of perfect strategy that the entire war afforded, in the Tullahoma campaign, when, almost without the sacrifice of a life, he flanked Bragg out of his fortified position at Tullahoma and carried his army across the mountains into the valley of Chickamauga.

"I know, Mr. Speaker, that there is an impression that the Battle of Chickamauga was a disaster to the Union arms; but in that it achieved that for which it was fought, in that it gave us Chattanooga as the key of the position and the center of a new advance, the Battle of Chickamauga was a victory. Disastrous it was, indeed, upon the field, but it accomplished the purposes of victory in that we held the place for which we fought. We can afford to forget what Gen. Rosecrans may have said, but we can not afford to forget what Gen. Rosecrans did. We can not afford to ignore the fact that he led one of the great armies of the Union and led it to victory. We can not afford to forget that now, in his old age and poverty, he comes to the Government, which he did almost as much as any one man to save, and asks that, out of its plenitude, out of its wealth, out of its greatness, it shall extend to him the aid which he requires in his decline. For these reasons, I shall vote for this bill most gladly."

Mr. Holmes, of Iowa, took the same position; "Mr. Speaker, it was my honor and pleasure to serve in the campaigns of both Gen. Grant and Gen. Rosecrans, and I am astonished that any true friend of Gen. Grant can rise upon this floor and attempt to cast Parthian shafts at Gen. Rosecrans. Gen. Rosecrans stands out as one of the great figures of history in connection with that war; and although the days of fire, of iron, and of blood have passed, gentlemen rise here and attempt to arraign Gen. Rosecrans for something that he has said since the days of peace came in. No man here has denied the justice of placing Gen. Rosecrans upon the retired list of the army. No man has denied the grand services that he rendered to this country

through that long night at Stone River, or his services at Chickamauga, at luka, and in the many battles in which he was engaged. He was competent everywhere, glorious at all times, and the men who followed him and fought with him will never see his name clouded and be silent.

"Gen. Grant was an autocrat when the war ended, and endeavored to blot out the name of Gen. Rosecrans, as it were, from the roll of the army. He attempted to tarnish his fair fame. While I was a friend of Gen. Grant, and have voted for every measure that was calculated to benefit him or his family, and while the American people have piled Pelion on Ossa in doing him justice and taking care of him, it ill becomes any man to rise here in his place to-day and attempt to denounce Gen. Rosecrans. I am sorry to hear my colleague from Iowa among the opposition. I remember how gallantly my other colleague, Gen. Weaver, fought under Gen. Rosecrans, and how distinguished a record he made.

"Let us here to-day, in voting upon this bill, vote not upon what Gen. Rosecrans said. I have no defense to make of any ill-timed remarks that he may have made. But Gen. Grant, in his final report of the war, did great injustice to Gen. Rosecrans; and I think he also did him great injustice in his memoirs. Yet we did not refuse to pension Gen. Grant on that account. Let us lay aside these small bickerings about what Gen. Rosecrans or any other man has said in a time of peace, and let us do justice to men for what they did in time of war. That is the true issue; that is the true guide in dealing with a question of this kind.

"Among all the men who have been placed on the retired list of the army there is no man who is on general considerations more entitled to it than Gen. Rosecrans. He is poor to-day, and needs the little assistance which this bill will give him.”

Mr. Perkins, of Kansas, said, in opposition, to the measure: "If his argument and opposition to the bill to place Gen. Grant upon the retired list was sincere and honest, how can he or his friends in consistency ask to have this bill passed for his relief? If Grant, in his feebleness and with his honors and grand achievements, should not be placed upon the retired list of the army. who can say that such a favor should be conferred upon the beneficiary of this bill, Gen. W. S. Rosecrans? Who that heard the speech of Gen. Rosecrans in opposition to the Grant bill, and believed him an honest man, can favor this bill for his relief, that he denounced so bitterly as wrong in principle and unjust to the country?

"Gen. Rosecrans was educated at the expense of the Government. For a time he served it in its military ranks, and then retired to the pursuits of private life, and when the war of the rebellion came upon us, he was commissioned as a volunteer officer and served the country creditably and well. And yet those who are here today and who had the honor of serving in the ranks of the Union Army at Chickamauga, know that if it had not been for that grand old soldier and hero, George H. Thomas, who stood there and whose columns formed a solid wall against which the Confederate Army broke itself in pieces, the name of Gen. Rosecrans would have gone down in dishonor rather than in honor as it stands to-day.

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'Remembering this, and remembering what his country has already given him, and remembering the position he took upon the bill to which I have already referred when it was before the House for consideration, I, as one, think we ought not to confer this privilege upon him. Twenty-five years ago he voluntarily left the army to engage in business and political activities. His energies have been devoted to personal and political enterprises, and for all service rendered the Government of the United States as a soldier or otherwise he has been fully paid, and, as before suggested, I can not see how he or his friends, in consistency or with propriety, come to Congress and ask the country to pay him $5,500 per year as a retired officer the balance of his days, he to give in return no service or consideration to the people of the United States. For these and other reasons I can not support the bill."

Mr. Jackson, of Pennsylvania, made this plea for Gen. Rosecrans: "Mr. Speaker, there is a story which, I believe, is authentic, that shortly after the election to the presidency of Andrew Jackson, at which time there was prevalent an idea that men who agreed with the Administration in politics ought to have the offices, delegations from the State of New York visited the President to ask him to remove the postmaster at Albany, who differed with him in politics and had been appointed by a previous Administration. It happened that the postmaster was an old soldier in the War of 1812. One delegation failed of its mission, and another came still more urgent. Finally, as an unanswerable argument, as it was supposed, a member of one of the delegations said to the President, This postmaster not only opposed your election, Mr. President, but he has called you names and tells the worst kind of stories about you.' Andrew Jackson replied, A man that fought like this man did at Lundy's Lane and carries British lead in his body has a right to call me what he pleases. I take the responsibility. He won't be removed.' "I think a man who served the country as Gen. Rosecrans did in West Virginia on that fearful day at Corinth, at Stone River, and at Chickamauga, has a little right in his old and declining years to talk. I feel very leniently toward any old soldier who has served his country well. I do not think he gives away his right to have justice and recognition by a hasty and unguarded word. I had the honor, in a very humble capacity, to serve for about four years as a soldier in the Army of the Tennessee, and every soldier of that army points with pride to the fact that our first commander was Ulysses S. Grant. We had afterward as commanders Sherman, McPherson, Howard, and Logan. Every one of them we loved and adored. We never had a commander to leave us except to take a higher command. Of course we give the first place to Grant; in fact, I might almost say that the Army of the Tennessee idolizes his memory.

Gen. Rosecrans upon the retired list. Oh, says the gentleman on my right, if it had not been for Gen. Thomas at Chickamauga he would have left the field with his reputation ruined. Yes, and he might have said more. If it had not been for the grand heroes who carried muskets in the Army of the Cumberland, that field would have been lost. Just at this point I want to say that but for the men who fought in the ranks there is not a general who would have a reputation to-day. It was the enlisted men and subordinate commanders on every field that made reputations for the great generals. But it takes a great man to command an army and give them their due. It was Rosecrans who commanded at Corinth when that field was won. It was an exhibition of great generalship. It was a great victory, dearly won, but it saved the Southwest in 1862. It was Rosecrans who commanded and directed the brave men at Stone River on those fearful winter days when again the tide of battle was turned southward. It was under him Phil Sheridan first rode at the head of a division, and on this bloody field gave evidence of the high rank he was afterward to obtain. It was Rosecrans's skill and genius that manoeuvred the enemy out of Chattanooga and gave the Army of the Cumberland a position at Chickamauga that enabled him to hold at bay Bragg's army, re-enforced by one of the best corps from the rebel army on the Potomac. Do not forget that it was under Rosecrans that Thomas stood, the Rock of Chickamauga.

"There was a day in the nation's peril when good Abraham Lincoln thought he ought to send the thanks of the nation to Gen. Rosecrans and the officers and men of his command for their great services in the field. I regret that men can not pass upon this question without bringing up matters that ought to have no relation to it. Let us do justice to this frail old man, who served his country well in the days of his strength and vigor. His generous, liberal nature has prevented his saving money for his old age. Gen. Grant's place in history is secure. It is not necessary to deal harshly with any soldier in order to place a laurel on his brow. Indeed, I feel quite sure, if the voices of Grant and Thomas could be heard, their noble spirits would say, Pass this bill!'”

The House passed the bill without a division, and the President approved of it, Feb. 26.

Amending the Interstate Commerce Law. -At the first session of the Congress, July 9, 1888, the Senate passed the following bill amending the "Act to regulate commerce," approved Feb. 4, 1887:

Be it enacted, etc., That section 6 of an act entitled "An act to regulate commerce," approved Feb. 4, 1887, be, and it is hereby, amended so as to read as follows:

route.

such common carrier shall plainly state the places The schedules printed as aforesaid by any upon its railroad between which property and passengers will be carried, and shall contain the classification of freight in force, and shall also state separately

the offense for which any person shall be convicted as aforesaid shall be an unlawful discrimination in rates, fares, or charges for the transportation of passengers or property, such persons shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court.

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Any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any officer or agent thereof, or any person acting for or employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding $5,000, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense.

"Any person and any officer or agent of any corporation or company who shall deliver property for transportation to any common carrier, subject to the provisions of this act, or for whom as consignor or consignee any such carrier shall transport property, who shall knowingly and willfully, by false billing, false classification, false weighing, or false report of weight, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent or agents, obtain transportation for such property at less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject for each offense to a fine of not exceeding $5,000 or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court.

"If any such person, or any officer or agent of any such corporation or company, shall, by payment of money or other thing of value, solicitation, or otherwise, induce any common carrier subject to the provisions of this act, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person, or such officer or agent of such corporation or company, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding $5,000, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense; and such person, corporation, or company shall also, together with said common carrier, be liable, jointly or severally, in an action on the case to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom."

SEC. 3. That section 12 of said act is hereby amended so as to read as follows:

"SEC. 12. That the commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the commission to perform the duties carry out the objects for which it was created;

and

and for the purposes of this act the commission shall have power to require, by subpoena, the attendance and testimony of witnesses and the production of all books, papers, tariffs, contracts, agreements, and documents relating to any matter under investigation, and in case of disobedience to a subpoena, the commission, or any party to a proceeding before the commission, may invoke the aid of any court of the United States in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this section.

"And any of the curcuit courts of the United States within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or retusal to obey a subpoena issued to any common carrier subject to the provisions of this act, or other person, issue an order requiring such common carrier or other person to appear before said commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to criminate the person giving such evidence shall not excuse such witness from testifying; but such evidence or testimony shall not be used against such person on the trial of any criminal proceeding."

SEC. 4. That section 14 of said act is hereby amended so as to read as follows:

"SEO. 14. That whenever an investigation shall be made by said commission, it shall be its duty to make a report in writing in respect thereto, which shall include the findings of fact upon which the conclusions of the commission are based, together with its recommendation as to what reparation, if any, should be made by the common carrier to any party or parties who may be found to have been injured; and such findings so made shall thereafter, in all judicial proceedings, be deemed prima facie evidence as to each and every fact found."

"All reports of investigations made by the commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any common carrier that may have been complained of.

"The commission may provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the commission therein contained, in all courts of the United States, and of the several States, without any further proof or authentication thereof. The commission may also cause to be printed for early distribution its annual reports."

SEC. 5. That section 16 of said act is hereby ameuded so as to read as follows:

"SEC. 16. That whenever any common carrier, as defined in and subject to the provisions of this act, shall violate, or refuse or neglect to obey or perform any lawful order or requirement of the commission created by this act, not founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, it shall be lawful for the commission or for any company or person interested in such order or requirement, to apply in a summary way, by petition, to the circuit court of the United States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter, on such short notice to the common carrier complained of as the court shall deem reasonable; and such notice may be served on such common carrier, his or its officers, agents, or servants, in such manner as the court shall direct; and said court sball proceed to hear and determine the matter speedily as a court of equity, and without the formal pleadings and proceedings applica

ble to ordinary suits in equity, but in such manner as to do justice in the premises; and to this end such court shall have power, if it think fit, to direct and prosecute in such mode and by such persons as it may appoint, all such inquiries as the court may think needful to enable it to form a just judgment in the matter of such petition; and on such hearing the findings of fact in the report of said commission shall be prima facie evidence of the matters therein stated; and if it be made to appear to such court on such hearing or on report of any such person or persons that the lawful order or requirement of said commission drawn in question has been violated or disobeyed, it shall be lawful for such court to issue a writ of injunction or other proper process, mandatory or other wise, to restrain such common carrier from further continuing such violation or disobedience of such order or requirement of said commission and enjoining obedience to the same; and in case of any disobedience of any such writ of injunction or other proper process, mandatory or otherwise, it shall be lawful for such court to issue writs of attachment or any other process of said court incident or applicable to writs of injunction or other proper process, mandatory or otherwise, against such common carrier, and if a corporation against one or more of the directors, officers, or agents of the same, or against any owner, lessee, trustee, receiver, or other person failing to obey such writ of injunction or other proper process, mandatory or otherwise; and said court may, if it shall think fit, make an order directing such common carrier or other person so disobeying such writ of injunction or other proper process, mandatory or otherwise, to pay such sum of money, not exceeding for each carrier or person in default the sum of $500 for every day, after a day to be named in the order, that such carrier or other person shall fail to obey such injunction or other proper process, mandatory or otherwise; and such moneys shall be payable as the court shall direct, either to the party complaining or into court, to abide the ultimate decision of the court, or into the Treasury; and payment thereof may, without prejudice to any other mode of recovering the same, be enforced by attachment or order in the nature of a writ of execution, in like manner as if the same had been recovered by a final decree in personam in such court. When the subject in dispute shall be of the value of $2,000 or more, either party to such proceeding before said court may appeal to the Supreme Court of the United States, under the same regulations now provided by law in respect of security for such appeal; but such appeal shall not operate to stay or supersede the order of the court or the execution of any writ or process thereon; and such court may, in every such matter, order the payment of such costs and counsel fees as shall be deemed reasonable. Whenever any such petition shall be filed or presented by the commission, it shall be the duty of the district attorney, under the direction of the AttorneyGeneral of the United States, to prosecute the same; and the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

"If the matters involved in any such order or requirement of said commission are founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the Constitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform the same, after notice given by said commission as provided in the fifteenth section of this act, it shall be lawful for any company or person interested in such order or requirement to apply in a summary way by petition to the circuit court of the United States sitting as a court of law in the judicial district in which the carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience as the case may be; and said court shall by its order then fix a time and place for the trial of said cause, which shall not be less than

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twenty nor more than forty days from the time said order is made, and it shall be the duty of the marshal of the district in which said proceeding is pending to forthwith serve a copy of said petition, and of said order, upon each of the defendants, and it shall be the duty of the defendants to file their answers to said petition within ten days after the service of the same upon them as aforesaid. At the trial the findings of fact of said commission as set forth in its report shall be prima facie evidence of the matters therein stated, and if either party shall demand a jury or shall omit to waive a jury, the court shall, by its order, direct the marshal forthwith to summon a jury to try the cause; but if all the parties shall waive a jury in writing, then the court shall try the issues in said cause and render its judgment thereon. It the subject in dispute shall be of the value of $2,000 or more, either party may appeal to the Supreme Court of the United States under the same regulations now provided by law in respect to security for such appeal; but such appeal must be taken within twenty days from the day of the rendition of the judgment of said circuit court. If the judgment of the circuit court shall be in favor of the party complaining, he or they shall be entitled to recover a reasonable counsel or attorney's fee, to be fixed by the court, which shall be collected as part of the costs in the case. For the purposes of this act, excepting its penal provisions, the circuit courts of the United States shall be deemed to be always in session."

SEC. 6. That section 17 of said act is hereby amended so as to read as follows:

"SEC. 17. That the commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. A majority of the commission shall constitute a quorum for the transaction of business, but no commissioner shall participate in any hearing or proceeding in which he has any pecuniary interest. Said commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States. Any party may appear before said commission and be heard, in person or by attorney. Every vote and official act of the commission shall be entered of record, and its proceedings shall be public upon the request of either party interested. Said commission shall have an official seal, which shall be judicially noticed. Either of the members of the commission may administer oaths and affirmations and sign subpoenas."

SEC. 7. That section 18 of said act is hereby amended so as to read as follows:

"SEC. 18. That each commissioner shall receive an annual salary of $7,500, payable in the same manner as the judges of the courts of the United States. The commission shall appoint a secretary, who shall receive an annual salary of $3,500, payable in like manner. The commission shall have authority to employ and fix the compensation of such other employés as it may find necessary to the proper performance of its duties. Until otherwise provided by law, the commission may hire suitable offices for its use, and shall have authority to procure all necessary office supplies. Witnesses summoned before the commission shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States.

"All of the expenses of the commission, including all necessary expenses for transportation incurred by the commissioners, or by their employés under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the commission."

SEC. 8. That section 21 of said act is hereby amended so as to read as follows:

"SEC. 21. That the commission shall, on or before the 1st day of December in each year, make a report,