Gambar halaman
PDF
ePub

which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the commission may deem necessary; and the names and compensation of the persons employed by said commission."

SEC. 9. That section 22 of said act is hereby amended so as to read as follows:

"SEC. 22. That nothing in this act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the national homes or State homes for disabled volunteer soldiers under arrangements with the boards of managers of said homes; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employés, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employés; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act.'

SEC. 10. That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against such common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ: Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement.

The bill was reported in the House on Sept. 12. 1888, and passed on Sept. 13, after amendment. The first two amendments were formal, referring to the posting of schedules in "two public and conspicuous places." The following amendments were also adopted:

To amend section 2 by inserting after the word "weighing" the words "false representation of the contents of the package."

To amend section 2 of an act entitled "An act to regulate commerce," approved Feb. 4, 1886, by striking out wherever they occur in said section the words

"under substantially similar circumstances and conditions."

To amend section 3 of same act by striking out wherever they occur in said section the words undue and unreasonable."

To amend section 4 of same act by striking out of said section all after the word "distance" where it occurs before the word " Provided."

To amend an act entitled "An Act to regulate commerce," approved Feb. 4, 1887, by adding the following section:

[ocr errors]

"That in all civil actions and proceedings of whatever nature arising under an act entitled An act to regulate commerce,' approved Feb. 4, 1887, and under all acts amendatory thereof concurrent jurisdiction with United States courts is hereby conferred upon State courts of competent jurisdiction."

To be added after the word "created," in line 10 of section 3 of this act:

"And said commission is hereby authorized and required to prescribe for the use and guidance of said common carriers in making their schedules of rates and charges for transportation of persons and property one uniform classification, and shall transmit copies thereof to said common carriers on or before the first Monday in January, 1889, and thereafter the failure or refusal of any such common carrier to observe said classification in making schedules of rates shall be an unlawful act, and all rates and charges not in conformity with said classification shall be deemed and be unreasonable rates and charges.

That the following section be added to the said act of 1887: "That the commission is hereby authorized, empowered, and required to execute and enforce the provisions of this act, and upon the request of said commission the Attorney-General of the United States shall institute and prosecute all necessary proceedings in the proper court for the enforcement of this act and for the punishment of all violations thereof." Add to the end of section 1, the following:

66

Provided, however, That it shall be unlawful for any common carrier subject to the provisions of this act to carry refined oils and other petroleum products, cotton-seed oil, and turpentine for any shipper, in tank or cylinder cars, who shall own, lease, or control the same in any manner, except upon the condition that said carrier shall charge the same rate for the transportation of said products in wooden packages or barrels, in car-load lots, as in said tank or cylinder cars, the said tank and cylinder cars and said wooden packages and barrels being carried free in each case. To insert in the original section 22 the words "or inmates of soldiers' and sailors' orphans' homes."

The Senate non-concurred in the House amendments; a conference committee was appointed, and at the second session of the Congress, Feb. 5, 1889, the following report was submitted:

The committee of conference, on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 2,851) to amend an act entitled "An act to regulate commerce," approved Feb. 4, 1887, having met, after full and free conference have agreed to recommend and do recommend to their respective Houses as follows:

That the House recede from its amendment numbered 8.

That the Senate recede from its disagreement to the amendments of the House numbered 1, 2, and 4, and agree to the same.

That the Senate recede from its disagreement to the amendment of the House numbered 5, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by said amendment insert the following:

"And the commission is hereby authorized and required to execute and enforce the provisions of this act; and, upon the request of the commission, it shall be the duty of any district attorney of the United States to whom the commission may apply to insti

CONGRESS. (APPEAL IN CAPITAL CASES-FOR THE PROTECTION OF GIRLS.)

tute in the proper court and to prosecute, under the direction of the Attorney-General of the United States, all necessary proceedings for the enforcement of the provisions of this act, and for the punishment of all violations thereof; 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." And the House agree to the same.

That the Senate recede from its disagreement to the amendment of the House numbered 6, and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by said amendment insert the following:

"And of soldiers' and sailors' orphans' homes, including those about to enter and those returning home after discharge."

And the House agree to the same.

That as to the amendments numbered 3 and 7 the committee of conference are unable to agree.

The disagreement was to the amendment relating to the transportation of oil in barrels and tank cars and the amendment conferring concurrent jurisdiction on State courts. A second conference committee was appointed, the conferrees on the part of the House receded from the position of insisting upon these amendments, and the conference report was presented March 2 and agreed to by the House, as the railroad commission was urgent for the main part of the measure, and there was no time to spend in further discussion. The President approved of the bill the same day.

Appeal in Capital Cases.-At the first session of the Congress a bill was passed to provide for a writ of error in capital cases, and for other purposes, but through pressure for time it did not receive the approval of the President. On Jan. 7, 1889, the Senate passed the measure again,

as follows:

Be it enacted, etc., That there shall be, and is hereby, established a circuit court of the United States in and for the western district of Arkansas, for the northern district of Mississippi, and for the western district of South Carolina, respectively, as the said districts are now constituted by law. And terms of said circuit courts, respectively, shall be held at the times and places now provided by law for the holding of the district courts in said districts respectively, and terms of the circuit court shall be held also at Helena, in the eastern district of Arkansas, at the same times the district court is now required by law to be held; and also at the times and places in West Virginia, where the district court is now provided by law to be held. SEC. 2. That said circuit courts, respectively, shall have and exercise, within their respective districts, the same original and appellate jurisdiction as is or may be conferred by law upon the other circuit courts of the United States; and all suits, causes, and proceedings now pending in the said several respective district courts, and also in the district court of the district of West Virginia, and also in the district court of the eastern district of Arkansas, held at Helena, in and concerning which the said district courts exercise circuit court powers, shall be transferred to and belong to the jurisdiction of said circuit courts, respectively, and shall be proceeded with accordingly.

SEC. 3. That there shall be appointed for each of said circuit courts in this act mentioned, by the circuit-court judge of the circuit in which said districts are respectively embraced, a clerk, who shall take the oath and give the bond required by law for clerks of circuit courts, who shall discharge all the duties and be entitled to all the fees and emoluments prescribed by general law. And the marshals of the United States in and for said respective districts shall act as marshals of said circuit courts, and the district attor

229

neys of the United States in and for said respective districts shall discharge the duties of district attorneys in said circuit courts. Hereafter all appointments of clerks of circuit courts of the United States shall be made by the circuit judges of the respective circuits in which such circuit courts are or may be hereafter established; and all provisions of law inconsistent herewith are hereby repealed.

SEC. 4. That said circuit courts, respectively, shall have power to make such orders and directions as shall be proper for the transfer from said district courts of all causes, proceedings, matters, records, files, and papers as by force of this act should belong to the said circuit courts.

SEO. 5. That the provisions of the act entitled "An act to amend sections 533, 558, 571, and 572 of the Revised Statutes of the United States, relating to courts in Arkansas and other States," approved Jan. 31, 1877, conferring upon the district courts named therein circuit-court powers; and section 571 of the Revised Statutes of the United States, as amended by said last-mentioned act, and all provisions of law inconsistent with any of the provisions of this act, be, and the same are hereby, repealed.

SEO. 6. That hereafter in all cases of conviction of crime the punishment of which provided by law is death, tried before any court of the United States, the final judgment of such court against the respondent shall, upon the application of the respondent, be reexamined, reversed, or affirmed by the Supreme Court of the United States upon a writ of error, under such rules and regulations as said court may prescribe. Every such writ of error shall be allowed as of right and without the requirement of any security for the prosecution of the same or for costs. Upon the allowance of every such writ of error, it shall be the duty of the clerk of the court to which the writ of

error shall be directed to forthwith transmit to the clerk of the Supreme Court of the United States a certified transcript of the record in such case, and it shall be the duty of the clerk of the Supreme Court of the United States to receive, file, and docket the same. Every such writ of error shall during its pendency operate as a stay of proceedings upon the judgment in respect of which it is sued out. Any such writ of error may be filed and docketed in said Supreme Court at any time in a term held prior to the term named in the citation as well as at the time so named; and all such writs of error shall be advanced to a speedy hearing on motion of either party. When any such judgment shall be either reversed or affirmed the cause shall be remanded to the court from whence it came for further proceedings in accordance with the decision of the Supreme Court, and the court to which such cause is so remanded shall have power to cause such judgment of the Supreme Court to be carried into

execution. No such writ of error shall be sued out or

granted unless a petition therefor shall be filed with

the clerk of the court in which the trial shall have been had during the same time or within such time, not exceeding sixty days next after the expiration of the term of the court which the trial shall have been had, as the court may for cause allow by order entered of record.

SEC. 7. That this act shall take effect and be in force from and after the 1st day of May, A. D. 1889.

The House passed the measure on Jan. 19, and it became a law without the approval of the President.

For the Protection of Girls.-At the first session of the Congress the House passed, and the Senate passed with amendments, a bill for the protection of girls in the District of Columbia under sixteen years of age. The House non-concurred in the Senate amendments, and a conference committee was appointed, which reported, Jan. 19, 1889, in favor of the following form of the measure:

230

CONGRESS. (THE SAWDUST GAME-INTERNATIONAL MONEY-ORders, etc.)

That every person who shall carnally and unlawfully know any female under the age of sixteen years, or who shall be accessory to such carnal and unlawful knowledge before the fact in the District of Columbia, or other place except the Territories, over which the United States has exclusive jurisdiction, or on any vessel within the admiralty or maritime jurisdiction of the United States, and out of the jurisdiction of any State or Territory, shall be guilty of a felony, and when convicted thereof shall be punished by imprisonment at hard labor for the first offense for not more than fifteen years, and for each subsequent offense, for not more than thirty years.

The report was agreed to, and the President approved the measure, Feb. 9.

The Sawdust Game.-At the first session of the Congress the House passed a bill to punish pretended dealers in counterfeit money, and other fraudulent devices for using the United States mails. On Feb. 26, 1889, the Senate amended and passed the measure as follows:

That section 5480 of the Revised Statutes be, and the same is hereby, so amended as to read as follows: "SEC. 5480. If any person having devised or intending to devise any scheme or artifice to defraud, or to sell, dispose of, loan, exchange, alter, give away, or distribute, supply, or furnish, or procure for the lawful use any counterfeit or spurious coin, bank notes, paper money, or any obligation or security of the United States or of any State, Territory, or municipality, company, corporation, or person, or anything repre

sented to be or intimated or held out to be such counterfeit or spurious articles, or any scheme or artifice to obtain money by or through correspondence, by what is commonly called "the sawdust swindle "or "counterfeit money fraud," or by dealing or pretending to deal in what is commonly called " green

66

articles," " green coin," "bills," " paper goods," spurious Treasury notes," ""United States goods," green cigars," or any other names or terms intended to be understood as relating to such counterfeit or spurious article, to be effected by either opening or intending to open correspondence or communication with any other person, whether resident within or outside the United States, by means of the post-office establishment of the United States, or by inciting such other person or any person to open communication with the person so devising or intending, shall, in and for executing such scheme or artifice or attempting so to do, place or cause to be placed any letter, packet, writing, circular, pamphlet, or advertisement in any post-office, branch post-office, or street or hotel letter-box of the United States, to be sent or delivered by the said post-office establishment, or shall take or receive any such therefrom, such person so misusing the post-office establishment shall upon conviction, be punishable by a fine of not more than $500 and by imprisonment for not more than eighteen months, or by both such punishments, at the discretion of the court. The indictment, information, or complaint may severally charge offenses to the number of three when committed within the same six calendar months; but the court thereupon shall give a single sentence, and shall proportion the punishment especially to the degree in which the abuse of the post-office establishment enters as an instrument into such fraudulent scheme and device."

SEC. 2. That any person who, in and for conducting, promoting, or carrying on, in any manner by means of the post-office establishment of the United States, any scheme or device mentioned in the preceding section, or any other unlawful business whatsoever, shall use or assume or request to be addressed by any fictitious, false, or assumed title, name, or address, or name other than his own proper name, or shall take or receive from any post-office of the United States any letter, postal card, or packet addressed to any such fictitious, false, or assumed title, name, or

address, or name other than his own lawful and proper name, shall, upon conviction, be punishable as provided in the first section of this act.

SEO. 3. That the Postmaster - General may, upon evidence satisfactory to him, that any person is using any fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on, or assisting therein, by means of the post-office establishment of the United States, any business scheme or device in violation of the provisions of this act, instruct any postmaster at any post-office at which such letters, cards, or packets, addressed to such fictitious, false, or assumed name or address arrive to notify the party claiming or receiving such letters, cards, or packets to appear at the post-office and be identified; and if the party so notified fail to appear and be identified, or if it shall satisfactorily appear that such letters, cards, or packets are addressed to a fictitious, false, or assumed name or address, such letters, postal cards, or packages shall be forwarded to the dead-letter office as fic

titious matter.

SEC. 4. That all matter the deposit of which in the mails is by this act made punishable is hereby declared non-mailable; but nothing in this act shall be so construed as to authorize any person other than an employé of the dead-letter office, duly authorized thereto, to open any letter not addressed to himself.

SEC. 5. That whenever the Postmaster-General is satisfied that letters or packets sent in the mails are addressed to places not the residence or business address of the persons for whom they are intended, to enable such persons to escape identification, he may post-office upon identification of persons addressed. direct postmasters to deliver such letters only from the

The House non-concurred in the Senate amendments, but after a conference receded from its The President approved the

non-concurrence.

measure, March 2. International Money-Orders.-Both Houses passed the following bill increasing the maximum amount of international money-orders.

Be it enacted, etc., That section 4028 of the Revised Statutes of the United States (second edition, 1878) be, and the same is hereby amended so as to read as fol

lows:

"SEC. 4028. The Postmaster-General may conclude arrangements with the post departments of foreign been or may be concluded for the exchange, by means governments with which postal conventions have of postal orders, of small sums of money, not exceeding $100 in amount, at such rates of exchange and compensation to postmasters, and under such rules and regulations as he may deem expedient; and the expenses of establishing and conducting such systems of exchange may be paid out of the proceeds of the money-order business."

SEC. 2. That this act shall take effect within six months from the date of its approval by the Presdent.

The President approved the measure Feb. 1, 1889.

Appropriations.-Just previous to the final adjournment of the Congress, March 2, 1889, Mr. Randall, of Pennsylvania, submitted a summary of the various general appropriation bills passed during the second session of the Fiftieth Congress, which is presented in tabular form on the next page.

Summary.-The Fiftieth Congress began its first session on the first Monday of December, 1887, and did not finally adjourn until Oct. 20, 1888. The second session, beginning at the usual time, expired by limitation of law on March 4, 1889. There were introduced in the house 12,664 bills and 269 joint resolutions. There were introduced in the Senate 4,000 bills

[blocks in formation]

*Fifty per cent. of the amounts appropriated for the District of Columbia is paid by the United States. The amount for the water department (estimated for 1890 at $237,125.64) is paid out
of the revenues of that department.
This amount includes $2,855,798.62 for payment of judgment of Court of Claims in favor of the Choctaw nation.

The appropriations for the postal service are paid out of the postal revenues (estimated for 1890 at $62,508,658.12), and any deficiency in the revenue is provided for out of the Treasury of the
United States.
§ This is the estimate submitted for rivers and harbors for 1890. "The amount that can be profitably expended," as reported by the chief of engineers, is $32,012,250. (Book of Esti.
mates. page 177.)
This sum is approximated.

This is the aggregate amount of the four deficiency acts passed during the first session of the Fiftieth Congress.

and 145 joint resolutions. Of all these, 1,791 became laws. The most important measures of a general character have been noticed, and the public measures not here dealt with in detail have been mainly bills providing for public buildings, for bridges, and for granting the right of way to railroads, or other matters incidental to the routine business of the Government. About 832 House bills and 409 Senate bills that became laws were private. Among the important public measures that failed were the Mills tariff bill and the Senate substitute for it; the general land bill, and the general forfeiture bill; the bill to prevent the product of convict labor from being used in any Government department, or upon public buildings or public works; to authorize five civilized tribes to lease their lands; to regulate the internal-revenue laws; to authorize the issue of fractional silver certificates; to provide in certain cases for the regulation of railroads; to prevent the employment of alien labor upon public buildings and in the departments; to forfeit the Northern Pacific land grants; to provide for the revocation of the withdrawal of lands, made for the benefit of certain railroads; to empower the President to protect American fishermen and fishing vessels; to request the President to negotiate with Mexico for a boundary commission; to aid the States in education; to appoint an alcoholic commission; to grant the right of way for irrigation purposes; to provide for the inspection of meats; to regulate the classification and valuation of foreign merchandise; to increase the pension for total disability; to relieve soldiers and sailors who enlisted under assumed names during the war; to establish a national art commission; to make telegraph companies subject to regulation by the Interstate Commerce Commission; to reduce the rate of postage on seeds and bulbs; to prevent the introduction of contagious diseases from one State to another; to fund the Pacific Railroad debt to the Government; to admit the Territories of Utah, Idaho, New Mexico, and Wyoming; to promote commercial union with Canada; to authorize the President to open negotiations for the annexation of the Dominion; to grant woman suffrage; to repeal the civil-service law; to repeal all internal revenue laws; to lay a graduated income tax; to authorize free coinage of silver; to repeal the oleomargarine act; to repeal the arrears-of-pension limitation. Both the fisheries treaty and the extradition treaty negotiated with Great Britain were rejected by the Senate.

CONNECTICUT, one of the thirteen original States; ratified the national Constitution Jan. 9, 1788; area 4,990 square miles; population, according to the last decennial census (1880), 622,700; capital, Hartford.

Government. The following were the State officers during the year: Governor, Morgan G. Bulkeley, Republican; Lieutenant Governor, Samuel E. Merwin; Secretary of State, R. Jay Walsh; Treasurer, E. Stevens Henry: Comptroller, John B. Wright; Secretary of the State Board of Education, Charles D. Hine; Insurance Commissioner, Orsamus R. Fyler; Railroad Commisioners, George M. Woodruff, William H. Haywood, William O. Seymour; Chief Justice of the Supreme Court, John D. Park, who retired in April,

having reached the limit of age, seventy years, and was succeeded by Ex-Governor Charles B. Andrews by appointment of the Governor; Associate Justices, Elisha Carpenter, Dwight Loomis, Sidney B. Beardsley (who resigned on Oct. 31) succeeded by Edward W. Seymour, Dwight W. Pardee, who will retire by reason of age in February, 1890, and will be succeeded by David Torrance.

Population. The estimated population of the State, based upon returns from the different towns, for 1887, was 727,276. For 1888 an estimate, based upon similar returns, places the population at 758,662.

Finances.-The annual report of the Treasurer for the year ending June 30, 1889, shows a balance of $751,699.03 on hand at the beginning of the year; the total receipts amounted to $1,923,894.16, and the total payments to $2,145,220.94, leaving a balance on June 30, 1889, of $530,372.25. The expenditures include $500,000 for State bonds redeemed, in consequence of which the bonded debt has been reduced to $3,740,200.

Under a new law authorizing deposits of surplus funds, the Treasurer has deposited such funds with various institutions, so as to yield a rate of interest as large as that paid on the bonded debt. The aggregate receipts under the new law for taxing express, telegraph, and telephone companies will be about the same as under the previous law.

The number of bonds, notes, etc., stamped and registered under the provisions of the investment tax law (which did not take effect till Aug. 1) for the two months ending Oct. 1, 1889, was 36.843; amount, $28,496,959.24; taxes received, $110,270.99. The tax-rate for each of the years 1889 and 1890 is one mill.

Legislative Session.-The second biennial session of the Legislature began on Jan. 9, and was not ended till June 22. Its first act after organization was the choice of State officers for the ensuing year, there being no choice by the people in the November election. For Governor the vote in joint session stood 159 for Morgan G. Bulkeley (Republican) to 95 for Luzon B. Morris (Democrat). The remaining candidates on the Republican ticket were elected by practically the same vote. The proposed prohibitory amendment to the State Constitution, passed by the Legislature of 1887, was again adopted, and provision was made for its submission to the people at an election in October. To aid in the enforcement of the existing license laws, an act known as the "anti-screen law" was passed, declaring that "no premises where intoxicating liquors are sold shall, during the time when such sales are prohibited by law, be so obstructed by any curtain, screen, or other device as to prevent a full and unobstructed view of the bar and interior of such premises from the main entrance, or the street or sidewalk adjacent thereto." All persons who disobey the law, except licensed druggists, are subject to a fine of not over $50 or imprisonment or both. Another act requires that all persons convicted of intoxication shall be put under oath to tell where they obtained the liquor. A refusal to answer shall be considered contempt of court, and shall subject the offender to imprisonment from ten to thirty

« SebelumnyaLanjutkan »