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number may very soon be increased to three | bad that distinction. When the matter comes ested to some degree in some legislation which bundred and twenty, or even to five hundred. up, one of those men can come upon the floor il is going on here. And then it is proposed to Now, it is impossible that the House should and consult with members, can suggest amend provide that if an ex-member comes upon the be willing to give to those five hundred ex- ments, and arrange the whole machinery; Hoor he shall not speak to a member of Con. members the right to prosecute any sort of while his rival, who is just as distinguished, I gress. Why, sir, it was only a few days ago claims upon the floor of this House.

and represents, perhaps, just as good a cause, that we were called upon to vote that a mem. Mr. FARNSWORTH. Does not that num- or possibly better, is obliged to sit in the gal: ber of Congress should not speak to an execber include those ex-members who have come lery and watch the proceedings which he can. tive officer on certain subjects. Now we are from a distance to again visit Washington ? not in any way affect. Now, why should we not to speak to each other on any subject.

Mr. BANKS. It does. But there is no wish to make such a distinction? Let the peo- | (Laughter.] And so it goes. barm in requiring every inan who seeks the ple send here anybody they choose to influence Why is it, Mr. Speaker, that two hundred privilege of the floor of the House to declare | legislation ; but let all who come be treated and forty-odd men, likely to be two hundred ihat he is not the agent or attorney for any alike.

and eighty, selected for the purpose of repreclaim, and does not come here to influence I will tell you why, as I conjecture, so many senting forty-million people, every other day legislation. The House understands that that members of Congress come here upon business undertake to convince the people of the counis done now, but it is not done ; at least the connected with legislation. They do not come try, and not only the people of this country, officers of the House do not so interpret the necessarily on any bad errand; I do not make but the people of all nations, that a man has rule.

any such reflection; but they are selected in only to come in here with his pockets full of Mr. FARNSWORTH. This proposed rule preference to some eminent lawyer in their money, or his hands full, and we are ready goes further than that. Suppose an ex-mem- own locality, who is perhaps better acquainted to be bought? Does any gentleman complain? ber of Congress has some matter before a with the business than they, simply because Does any one mistrust evil? If anybody feels coinmittee of the House, and he has, perhaps, those who send them know that if they select there is any evil in this direction, let him get been before that committee, this proposed rule an ex-member of Congress he can come upon up and name the man. If anybody knows of would require him, if he wishes to come in this floor and by reason of his kindly relations | evil, let him say who does it, and we will ex• upon the floor, to make certificate that he is with members, formed before he lefi Congress, || clude that man. The condition this rule will not interested in any matter before any com- may perhaps induce them to act more favor- put us into is this: all the honorable and honmittee.

ably upon a bill than they otherwise would. est members of Congress-and I assume they Mr. BANKS. Not at all ; it does not imply I say let all be put upon an equal footing. As are all so—will not come in here under any tbal. It simply implies that he does not seek one who expects to retire from this body at such pledge as that, “I am interested in nothto come upon the floor for the purpose of pros- the end of this Congress, I am perfectly willing, ing that is to be the subject of legislation by ecuting any private interest. There is no if I should ever come back bere again, either | Congress." They will not come in here under question about his right to go before a com- to take the pledge that I am not coming upon any such pledge. Bad men, if there are any, mittee. But when he comes upon the floor of the floor to affect legislation or else to stay out. will sign the pledge. the House he is not to come here for that If I wish to influence legislation, I will go A man who comes here to use his position purpose; that is the intent of the proposed before the committees.

as an ex-member of Congress for the purpose rule.

Mr. BUTLER, of Massachusetts. Now, Mr. of influencing improperly the legislation of Mr. BUTLER, of Massachusetts. I now Speaker, we have had four speeches in suc- Congress—and to do it properly is one of his desire to ask my colleague (Mr. Banks] if he cession in favor of this rule. I hope I may be righis-a man, I say, who comes bere to inwill move to recommit this report to the Com- allowed to say a word on the other side with- fuence the legislation of Congress improperly, inittee on Rules ? If so, I will not move to lay out being interrupted by somebody who wants will sign any pledge you put to him. You only it ou the table.

to make another speech in its favor. I agree | keep out honest men while you keep in the Mr. BANKS. I have suggested to the hon- that it needs all these speeches, and sorte more rogues. That is the sort of sieve you estab. orable gentleman from New York [Mr. Cox] | besides, to recommend it to the judgment of lish-you keep out the honest men while you that inasmuch as this seems to be a surprise the House.

keep in the rogues.

Therefore I say this rule upon the House, and it has not been so care. I am sorry the gentleman from Pennsylvania | should not be put in this stringent form. It is fully considered as it might be, it would be well | [Mr. SCOFIELD] could not find some other clear a man should not advocate his own claim to bave it recommitted.

gentleman than myself upon to whom to base on the floor of Congress, or with Congressmen Mr. COX. I would be glad to defer to the his illustration. If I should desire to come on elsewhere, improperly. But this rule covers gentleman, but this proposes so slight a change this floor after I leave the House I shall not be every kind of legislation public and private. I in the existing rule that I would like to have obliged to come in virtue of this rule. Having may see that a law regulating courts of justice, some expression of the House upou it. bad the high honor to receive the thanks of requires change, and I ain interested as a good

Mr. SCOFIELD. I suppose that all mem- the House for services performed during the citizen in having the change made. I come in bers of the House would concur in excluding war, I have a right to come on this floor under on the floor, after I leave Congress, and say to from the floor any person tbat came from the another rule. So that proposition does not the chairman of the Judiciary Committee, “Do people here who was interested in legislation | affect me. I stand clear of this rule now and you know there exists this defect in the law ?!! of any kind, because they have adopted just in the future. [Laughter.) I am an impartial. He answers, "No." Unless I agree I will not such a role. If any gentleman from the dis- judge upon tbis subject. Besides, I do not say that to bim I cannot come in here as an trict of my friend from Massachusetts, [Mr. mean to go out of Congress just yet, unless I ex-member of Congress, even if I say no more BCTLER,] however high in character or in learn- desire so to do. (Laughter.]

tban this. ing. should come here to influence legislation Now, then, let us see what this rule means. Now, do not let us beslaver ourselves. Let in any way, he would be excluded from the It has been in force many years--you know us remember the old Scotch proverb, “It is Hoor. No matter whether that legislation be how many, Mr. Speaker ; I do not--and there a dirty bird that befouls its own nest.” Let of a public or a private character, he would are only two hundred and twenty-five mem- us say no man whatever, not confined to exbe unable to come upon the floor and consult bers of Congress who have registered under it members, sball come upon the floor who will with the meinbers of this House. Now, if the during its existence or when it has been in not sign a declaration that he is not interested people cannot seud here any gentleman from force. Now, the trouble we meet with the in any legislation, and then perhaps we may ibe district of my friend from Massachusetts, | lobbyists is not on this floor.

I respectfully submit that this rule no matter how distinguished or eminent he | erally so noisy, if not so busy, that lobbyists do had better be recommitted. I hope my friend might be, and come upon the floor of this not stand any chance here. The lobbying is from New York (Mr. Cox] and my colleague House for the purpose of influencing legisla | done outside.

from Massachusetts [Mr. Banks] will agree tion, why should we allow the same people to I will tell the House my first objection to have it recommitted. I know my colleague send the gentleman himself here for that pur- to this proposition. I do not desire to be recoinmends its recommitment. If this is pose after his term shall have expired. Should called on every day to cast some vote to belit. not done, I must ask at least to have a vote ihere be any distinction made between an ex- tle members of Congress. I am willing to on the bill which shall mark the sense of the member of Congress and a man of equal cbar- take that dose once in thirty days; but I do House; and therefore I move to lay it upon acter and reputation who bas never been a not desire to take it every day. '[Laughter.] || the table. member of Congress?

One day we are told that if we nominate or Mr. BANKS. I ask my colleague to yield If, for ins!ance, the Chamber of Commerce recommend a man to office, we are to be put in to me for a single moment. of the city of New York should be interested, the penitentiary.. [Laughter.] The next day Mr. COX. I did not yield the floor to the az is frequently the case, in important legisla: gentlemen come in and say,

If, after you go

gentleman from Massachusetts to make that tion before this body, they may select some out of Congress, you should coine here, you inotion. gentleman of eminence to come here and rep- are to be suspected of coming for the purpose Mr. BUTLER, of Massachusetts. I withresent their views. Some other organization of carrying out some corrupt scheme; and draw the motion to lay upon the table for a ia the city of New York, holding opposite you are to make a certificate to the contrary moment for the gentleman from New York. views, may select another gentleman of equal | before being allowed to come upon the floor.'' Mr. BINGHAM. I desire to say something eminence to come here and represent their It is very well to say that a man interested in about this. views in opposition. The representative of a claim shall not come upon the floor to lobby Mr. COX. I will yield the floor to the gen. one body happens to have been a member of for that claim; but I take it that no good citi- tleman from Ohio; he is going to speak on Congress; the other happens never to have zen comes upon this floor unless he is inter

your side. 42D CONG, 2D SESS.—No. 169.

We are gen

pass it.

Mr. BINGHAM. Mr. Speaker, I hope the into our presence at all; that the people shall Mr. ELDREDGE. It attracted very little House will consider the propriety of recom- have no kind of representation on this floor attention, and scarcely any member noticed mitting this amendment to the rules, as sug- except that which is known as the represent- that such a rule was in existence; but now. by gested by the honorable gentleman from Mas. ation in the House of Representatives under a sort of spasm, the gentleman has brought sachusetts, [Mr. Butler.) to the Committee on the Constitution and laws of the nation.

the rule before the House. Rules. If the House will consider for a I believe, sir, that the American people, Mr. COX. Well, the spasm is not mine: I moment, they will notice there is a provision | when they come to understand this thing, will am only the organ the committee. The of the existing rule struck out by the pending | inquire, 'Why do you discriminate? Why make gentleman from Kentucky (Mr. Lewis) introamendment which allows ex-members of the a written rule imposing a specific obligation duced it into the House and made no condiSenate of the United States to be admitted to the upon your Sergeant-at-Arms as to ex mem- tions in it. The Speaker knows, and every privileges of the floor of the House. The result bers of Congress, and make no rule whatever member of Congress knows, and the dooris that the proposed amendment excludes every as to other people?". You say you do not keepers know, that we do need some rule to one from ihe floor of the House of Represent. || provide for the admission of other people. give purity to legislation. That is the whole atives except ex-members of the House. The But they are admitted. That is my answer; truth, and it is as well that it should be spoken language of the rule as it stands now, hitherto || they are admitted ; they are here day after plainly. adopied, is “ex.members of Congress.” Every | day; there is no rule against it-I mean no Mr. SMITH, of New York. As I gather one knows that members of the Senate are rule imposing an obligation upon the Sergeant- from this debate, the object of the proposed members of Congress as well as members of the at-Arms, like the language incorporated here. amendment is to prevent ex-members coming House of Representatives, but that is struck Mr. COX. The gentleman knows that that on the floor to influence legišlation. The lanout by the amendment, and it is proposed to | is a defect in the execution of the rule. guage of the amendment, as I construe it, only insert óex-members of the House shall be Mr. BINGHAM. Not quite.

excludes ex-members that have a personal and entitled to the privilege of admission to the Mr. COX. Yes, it is.

private interest in legislative measures. It floor on making declaration on honor in a Mr. BINGHAM. The rule provides that does not exclude the professed lobbyist, the register to be kept for that purpose that they “the Doorkeeper shall be held responsible to attorneys, who are the men who create the have no personal or private interest in any the House for the execution of this rule." It greatest difficulty and are the most objectionlegislative measures before the House or any is limited exclusively to admitting to this floor able. It seems to me that the rule should be of its committees.''

those who have been hitherto members of the 80 amended, its language should be broad Mr. Speaker, I ask the House to take notice House. I insist upon it that the rule shall be enough to cover not only those who have a that the proposed amendment as it stands | equal; that an ex-member of Congress is as personal or private interest, but those who are is restricted exclusively to ex-members of much entitled to consideration, if he behaves professionally interested. this House. The original rule extends to ex- himself well, as any other citizen of the Uni- Mr. COX. The language of the rule, as members of the Senate.

ted States or any other person who may have proposed to be amended, is: Mr. COX Will the gentleman allow me to held any place of profit or trust under the Ex-members of the House shall be entitled to the state that the Senate rules forbid ex-mem- || Government of the United States. There privilege of admission to the floor on making declarbers of the House from having permission to fore, if we are to have this sort of action at

ation on honor, in a register to be kept for that pur

pose, tbat they have no personal or private interest go upon the floor of the Senate ?

all, I insist that it ought to be equal; that all in any legislative measure before the House or any Mr. BINGHAM. That is not the point on gentlemen who are not members of the House, of its committees. baud now.

appearing on the floor hereafter, shall appear Mr. SMITH, of New York. Do the com. Mr. COX. It is the point I would like to on the same declaration, to wit, a written mittee consider that as including professional make.

pledge of honor that he has no personal or interests? Mr. BINGHAM. That is not the point private interest in any measure pending before Mr. COX. Certainly. at all.

Congress or any of its committees. The gen- Mr. KiNG. Mr. Speaker, I rise to ask a Mr. COX. I think there is nothing like tleman is democrat enough to accept that rule simple question. Does the House think that being mutual.

of equality. I make this appeal to the House we need protection against corruption by ex: Mr. BINGHAM. The point I am desirous that they may see the propriety of recommit- members of Congress or anybody else? If to make now is this: that if it is needful to ting this rule, and if we are to have such a that is admitted I shall be in favor of the protect this body at all against the influence rule at all, that it be quite equal, and affect rule proposed. I deny for myself that any of men pot members of the body, the rule every one, excepting members of the House, such protection is necessary, but I am a new ought to be general and exclude everybody who seeks admission to this floor.

member here, and perhaps I do not understand except upon such a declaration on honor as is Mr. COX. One word in reply to the gen. the machinery here as well as the older memhere required.

tleman. He was a member of the Thirty. bers. I subunit, Mr. Speaker, to the members of this Ninth Congress, and there was a rule passed in Mr. COX. I want to protect the gentleman House that it does not become them to cast that Congress, perhaps with his sanction- and keep him pure and good. [Laughter.] this sort of indignity upon the great office of the Mr. BINGHAM. I did not take

Mr. POTTER. Will my colleague yield to Representative of a free people, which is man- of it.

me for a moment ? iiestly being cast upon that office by incorpor

Mr. Cox. That rule excluded all ex-mem- Mr. COX. Certainly. ating in your rule this provision, as to ex- bers of Congress from coming into this Hall. Mr. POTTER. I ask a moment only to say members of this body, that they are not to be I believe it was in the Thirty-Seventh Con- that I cannot see anything improper in the trusted on this floor except upon a declaration gress, not in the Thirty-Ninth. It was passed proposed rule, or any reflection in it on memof honor. I know the gentleman may say that by but one vote, but it allowed no ex-member bers of Congress or ex-members of Congress we do not provide for the admission of any. to come in under any conditions or pledges. as a body. body else." But I know that, in practice, every I think the gentleman from Ohio most likely The gentleman from Pennsylvania [Mr. session we admit many men who never were at that time supported it.

SCOFIELD] touched the key of this whole commissioned by the people to have the priv- Mr. BINGHAM. I can only say that I matter when he said that ex-members of Cone ileges of this floor. They have these privileges never had my attention called to it in the gress who are selected to represent private daily. There is no written declaration required | world.

interests and to prosecute measures before of them upon honor that they are not here to Mr. COX. Nobody complained of it. this House are selected because of their facilcorrupt the Representatives of a free people.

Mr. BINGHAM. Oh, of course not.

ity to come upon the floor of this House at But because it happens that a man has been Mr. COX. Nobody thought of complaining all times and talk with members here. I intrusted with the great office of a Represent- of it. If any honorable ex member of Con- concede that that is so, and it seems to me ative, although he may discharge his duties gress comes here for the purpose of renewing that it is entirely proper that ex-members of most faithfully and effectively, and has subse- old associations, of seeing old friends, or even Congress when they leave this Hall and go quently retired into private life, he has thereby if he comes here for the purpose of influ- into the private business of claim agents become so suspicious a character that if he | encing our ordinary political matters, he can should stand upon the same footing of every comes upon this floor at all he can only be have the right to come upon the floor provided other claim agent and professional man; that admitted upon a written declaration made he makes this pledge. The more this dis- is, that they should be excluded from the floor upon his honor, and in the presence of wit- cussion goes on, the more am I inclined to by a rule of this House. nesses, that he is not here to corrupt anybody. adhere to the rule. It is but a simple amend- Now the suggestion of the gentleman from And it is not merely a reflection upon the ment to the present rule. Why have not Ohio (Mr. BINGHAM] that this proposed rule out-going members, but it is a reflection as gentlemen here who are so indignant now would exclude only ex-members of the House, well upon every member, present and to come. moved to modify the rule as it exists at it seems to me to be entirely unjust. We have If we are really so weak, sir; if we are really present?

a general rule to exclude from the floor every. so incapable of discharging the high duties Mr. ELDREDGE. I did ask you to do it. body but ex-members of Congress and a few intrusted to us, in the presence of these I think it ought to be repealed.

others, yet that rule is construed with a cer. tempters, then I ask you to set up the only Mr. COX. The gentleman from Wisconsin tain license which allows us to bring our con barrier which will be a sufficient protection has been a member here for four or five ses. stituents upon this floor for a few minutes to for men so weak and so incapable of dis- sions, and has never complained of that rule, show them what is going on here. But every charging their duties, and say that nobody perhaps because it bas not been executed, but body knows that the moment the courtesy of shall come near us, that nobody shall come that is no fault of our rule.

the House is abused the lobbies and cloak

any notice

rooms of this Hall can be cleared by the

MRS. FRANCES A, M'KINNEY.

company shall be in undisputed possession, free from simple direction of the Speaker.

adverse claimants: And be it further

provided, That Mr. ELDREDGE submitted the following And so in regard to the usage which the

the superstructure upon which the track shall be report:

placed shall be built upon piers, with spans of not gentleman from Massachusetts (Mr. Butler]

The committee of conference on the disagreeing

less than three hundred feet, which piers shall be resays will arise in respect of this rule. He says

duced to a minimum, and also to the least possible votes of the two Houses on the amendment of the that an honest man who is interested in legis.

width consisient with safety, and so placed and Senate to the bill (H. R. No. 1866) for the relief of

shaped with reference to the channel and lirection lation will make the statement required and

Mrs. Frances A. McKinney, having met, after full
and free conference have agreed to recommend, and

of the tides as to offer to them as little obstruction its keep out of the House, while a dishonest man

possible. do recommend, to their respective Houses, that the wonld come in.

Sec. 3. That if at any time the wants of commerce Sir, the moment that is found Senate recode from their amendment to the bill. oat the Speaker can direct that such a man

CHARLES A. ELDREDGE,

or naval communication shall require it, upon the sball be excluded from the floor. I must con

BENJAMIN F. BUTLER,

direction of the President of the United States, the

said Central Pacific Railroad Company shall erect a JOIN A. PETERS,

drawbridge over such portion of the channel as fess that I do not see anything in this proposed

Managers on the part of the House.

the engineer department of the United States shall rule that reflects upon members or ex-mem

LYMAN TRUMBULL,

direct. bers of Congress, and therefore I shall give it

JOHN SCOTT.

Sec. 4. That any and all railroad companies shall T. W. OSBORN.

have the right to run their cars from the mainland my support.

Managers on the part of the Senate. over the track of the Central Pacific Railroad Com[Here tbe hammer fell.]

The report was adopted.

pany to said island, and thereupon have reasonable Nr. BUTLER, of Massachusetts. I move

facilities and accommodations for doing business,

Mr. ELDREDGE moved to reconsider the under such rules and regulations as shall be preto lay this report upon the table.

vote by which the report was adopted; and scribed by the said Central Pacific Railroad ComMr. BANKS. I trust the gentleman from also moved that the motion to reconsider be

pany; but each company availing itself of this priviNew York [Mr. Cox] will submit a motion to

lege shall first pay to the Central Pacific Railroad laid on the table. recommit.

Company a just proportion of the cost of the imThe latter motion was agreed to.

provements on said island, and the expenses incurred Mr. COX. I want to test the sense of the

in reaching the same from the mainland; such proHouse upon the subject.

CENTRAL PACIFIC RAILROAD.

portion to be measured and determined by the bene

fits which said railroad company may derive from Mr. HOAR. If the motion to lay on the Mr. WHEELER. I now call up the motion the use of said main track and island; and in case table is voled down, will it be in order to move to reconsider the vote by which the House of any disagreement between any such railroad comto reconsider the main question so that a recommitted to the Committee on the Pacific pany and the said Central Pacific Railroad Company,

as to the amounts to be paid, and as to the use and motion to recommit may be made ? Railroad House bill No. 1553, relating to the

occupancy of said track and island, the same shall be The SPEAKER. The Chair knows nothing Central Pacific Railroad Company. If that determined by the Secretary of War, subject to the in the rules to probibit that. vote shall be reconsidered, I propose to sub

approval of the President of the United States: Pro

vided, That the said Central Pacific Railroad ComMr. FARNSWORTH. Is it in order now mit a substitute for the bill and amendments,

pany, and any other railroad company availing itself to move to recommit?

which substitute I ask the Clerk to now read of the privileges of this act, sball receive and deliver Mr. BUTLER, of Massachusetts. I will for the information of the House.

freight and passengers which shall pass over their

lines of road, or any part thereof, without extra withdraw the motion to lay on the table, if a | Mr. BANKS. I will inquire whether the

charge, at one or more points convenient for busimotion to recommit can be made.

gentleman from New York [Mr. WHEELER] ness and travel on the western shore of said bay, and The SPEAKER. Tbat is not in order, sends up this substitute to be read as a part

within the corporate limits of the city of San Fran

cisco: Provided further, That the said Central Pacific pending the previous question. of his speech. If not, I object.

Railroad Company shall make no charge for wharfMr. FARNSWORTH. Then I move to

The SPEAKER. It will be read as a part age for freight or passengers wbich have passed or reconsider the vote ordering the main ques- of the remarks of the gentleman from New

are to pass over their line of road or any part thereof:

And be it further provided. That Congress reserves tion, in order to submit a motion to recomYork.

full power, whenever in its judgmentit may be propmit.

The Clerk read as follows:

er so to do, to authorize by law any otber railroad The motion to reconsider was agreed to, on Whereas the Central Pacific railroad, the western

company or companies to construct and maintain its a division-ayes 87, noes 35. link in the chain of railroads connecting the Atlantic

or their own independent connections with and use and Pacific oceans, is now completed to Oakland,

of that part of the island of Yerba Buena, the use Mr. FARNSWORTH. I now move that opposite San Francisco, and it is important that the

of which is by this act granted, that shall not be the report of the Committee on Rules be Western terminus of said railroad should be as near as

actually occupied for legitimate railroad purposes possible to San Francisco, and should have sufficient

under law of Congress at the time said subsequent recommitted to that committee. accommodations for the travel and commerce pass

legislation may be had. The question was taken on the motion to ing over said road: Therefore,

Mr. WHEELER. Mr. Speaker, I offer this recommit; and upon a division there were- Be it enacted by the Senate and House of Repre- substitute on my own responsibility; but I

sentatives of the United States of America in Congress ayes 93, noes 31.

assembled, That the use of one half of the island of wish to say that it has the approbation of the Before the result of the vote was announced, Yerba Buena, or Goat Island, in the Bay of San Committee on the Pacific Railroad. It will be Mr. HOLMAN called for the yeas and Francisco, California, is hereby granted to the Çen; seen by the House that it differs in several

tral Pacific Railroad Company, its successors and nays.

assigns, for a terminus for its railroad, to be used particulars from the bill originally reported Mr. GARFIELD, of Ohio. Oh, no; let exclusively for railroad purposes; and this grant by the committee.

shall continue so long as the said premises shall be
used by said company, its successors and assigos,

The first point of difference is the proposi. Mr. HOLMAN. This is a test vote, and I for the purposes above named, and no longer; and

tion in the tenth line, which provides that the call for the yeas and nays.

said premises shall be subject to taxation as is * premises shall be subject to taxation as is

other like property under the laws of the State of The question was taken upon ordering the California: Provided, 'That within one month from

other like property under the laws of the State yeas and nays; and upon a division there the passage of this act, the President of the United

of California." When the bill was under conwere-ayes 23, noes 97 ; not one fifth voting

States shall appoint three commissioners, who shall sideration in committee, the question arose

be authorized at the expense of the Central Pacific in the affirmative.

whether the company, if so disposed, might Railroad Company to examinc said island, to hear Before the result of the vote was announced, allegations and proofs, and to take into account not evade taxation upon the allegation that the Mr. HOLMAN called for tellers on ordering

as well any benefits or any injury wbich may accrue property belonged to the United States. To

to the Government of the United States from the yeas and nays.

remove that doubt, it has been expressly prothe execution of this act; and within three months Tellers were ordered ; and Mr. BUTLER, || from their appointment, said commissioners, or a

vided that the property shall be subject to of Massachusetts, and Mr. HOLMAN were

majority of them, shall award such sum for the use taxation as is other like property under the

of said half of said island, as granted by this act, as appointed.

laws of the State of California. in their judginent, or in the judgment of a majority The House again divided ; and the tellers of them, shall be deemed just and equitable, which

Mr. GARFIELD, of Ohio. What do you reported that there were-ayes 32, noes 130.

amount shall be paid by said Central Pacific Rail- mean by “like property."

road Company, before it shall avail itselt of this Mr. WHEELER. Railroad property, buildSo (one fifth not voting in the affirmative) grant: Provided further, That said one half of said the yeas and nays were not ordered. island shall be selected and designated within six

ings, tracks, &c. months from the passage of this act, by or under the The motion io recommit was accordingly

The second provision, which is a material authority of the President of the United States : agreed to. And be it further provided, That this grant is upon

one, is that the President of the United States ORDER OF BUSINESS.

the express condition that the Government of the sball appoint three commissioners, who shall

United States hereby reserves the free use of the examine this island in person; who shall take Mr. WHEELER. I desire to call up a privwhole of said island for military purposes in time of

into account as well any benefits as any ileged question, being the motion to reconsider

war, or in anticipation of war, when deemed neces-
sary by the President of the United States.

injury which the Government of the United the vote by which a bill in relation to the Src. 2. That nothing herein contained shall destroy States may receive from this act if carried Central Pacific railroad was recommitted to or impair any lawful or equitable rights and claims into execution, and shall award a gross som the Pacific Railroad Committee.

of private parties, if such exist, to the said island, or

any part thereof; and the said Central Pacitic Rail- as damages for the taking of the island ; and Jr. WOOD. Does that take precedence of road Company is hereby authorized to locate and the company is not to enter into possession the special order?

construct its railroad and telegraph line from its The SPEAKER. It does, because it is one present terminus at Oakland to said island, and there

until this award has been paid. It was deemed establish the western terminus of said railroad and better for the Government that this course of the highest privileged questions.

telegraph line: Provided, That this extension shall should be taken rather than that provision Mr. ELDREDGE. Is it in order to submit be subject to the charter, laws, and conditions which

should be made for an annual reut. However, now govern the construction and existence of the 2 report from a committee of conference ? Central Pacific railroad; but no subsidy of any

the House will have its election between this The SPEAKER. That is a question of nature whatsoever is hereby intended to be or is proposition for an award and that of an annual Ligher privilege than the one presented by the

given to the said Central Pacific railroad: Progentleman from New York, (Mr. Wheeler,] vided further, That said railroad shall reach said

rent, as one of the amendments to the original island with its track, and occupy its designated por

bill provides for the payment of a rent of and is in order.

tion thereof, within three years from the time said li $50,000 per annum.

it go.

war.

The third change is in the provision of the gest when this bill comes before the House for Is this whole subject open to debate on a mo. substitute that the Government may take pog- consideration.

tion to reconsider ? session of the whole island for military purposes Mr. HOLMAN. I rise to a question of The SPEAKER. The motion to reconin time of war or in anticipation of war. The || order, that this bill is not before the House sider opens debate in the widest sepse. original provision was that the Government yet for amendment.

Mr. SARGENT. But I am fully prepared might take possession of the island during Mr. GARFIELD, of Ohio. The amend. || to show that the bill as it existed before these

nent which I suggest is that if in case of war modifications had the approval, at any rate was The fourth amendment is that which pro- the Government of the United States should not objected to by the people and press of San vides that this superstructure shall be placed || order the removal of this depot it shall be at Francisco. I think it is fair to infer the senupon piers with spans of not less than three the expense of the company, and not at the timent of San Francisco from the course of its hundred feet in width. This provision has expense of the United States.

Senators, if that course was never challenged. been inserted for the purpose of meeting the Mr. WHEELER. I will withdraw my de- The bill was fully considered in the Senate in objection that this improvement would work mand for the previous question, and yield 1868 in the form in which it was recently rethe obstruction, if not the destruction, of the to the gentleman from California, (Mr. SAR- ported from the Committee on Pacific Rail. harbor of San Francisco. The mayor of San gent.]

roads. I have the debate in my hand, and Francisco, the officers of the Chamber of Mr. GARFIELD, of Ohio. The bill ought will call attention to a few passages.

Both Commerce of that city, and other citizens, to contain a provision of the sort I suggest. California Senators engaged in the debate, and recently addressed a communication to five Mr. WHEELER. When the bill is before I cite the language of one of them on the subofficers of the engineer corps upon the Pacific the House, I will consider any amendment ject. The Globe bas the following: coast, and submitted this inquiry: which may be proposed.

“Mr. Cole. There is certainly nothing in the “What would be the effect, if any, in shoaling the Mr. GARFIELD, of Ohio. All I ask is a way of building the road to the shore of the mainland harbor and bar of San Francisco, consequent upon chance to move such an amendment.

and out into deep water opposite San Francisco in the erection of a bridge resting upon piers, connect- Mr. WHEELER. I yield now to the gen

case they choose to stop there rather than to go to ing Goat Island with Oakland Point ?

this island. However, I am quite willing that this tleman from California.

company shall have their depot and place of transThe answer of these five engineers is this:

Mr. SARGENT. Mr. Speaker, the interests

shipment upon the island of Yerba Buena." "A bridge on piers between Yerba Buena island and Oakland Point would have no appreciable

of the State of California are deeply involved So far at least as the two Senators of that effect in shoaling the San Francisco harbor or bar in this bill. I have endeavored to examine it || day, Mr. Conness, who supported the bill, and if the bridge were built on small piers with spans without too much regard for the extravagaut Mr. Cole, were concerned, there was an entire of three or four hundred feet; in other words, the

denunciations of those who would peril every number of piers reduced to a ininimum, and also of

williugness “ that this company should have the least possible width consistent with safety, and material interest of the State out of personal

their depot and place of transhipment upon so placed and shaped with reference to the channel hatred for the railroad company, and without

the island of Yerba Buena." Nothing more and the direction of the tides as to offer to them as little obstruction as possible."

being too much influenced by the scurrilous was proposed in the bill recently before the abuse of those whose private interests are put

House. The substitute which has just been read adopts this identical language, and provides :

in the scale against tbe great wants of com- But in that debate there cropped out the vil

merce and preferred to the real good of our lainous scheme, in support of which there is "That the superstructure upon which the track shall be placed shall be built upon piers, with spans

queen city. Ou one hand in this contest in now a ravenous lobby prowling about the Capof not less than three hundred feet, which piers shall California are those who can see no good in itol, to deliver over this island to speculators. be reduced to a minimum, and also to the least anything that is not inimical to the railroad This is a big job, worthy of notice, that it possible width consistent with safety, and so placed and shaped with reference to the channel and direc

company, reënforced by those who would create would seem only corrupt fingers could handle. tion of the tides as to offer to them as little obstruc- rival towns at Saucelito or elsewhere; on the There is a scheme on foot, and then had its tion as possible."

other those who think the question is broader | inception, to give Yerba Buena island to priThe identical language of these five engin. than a strife of localities, and who care for the vate claimants who had and have no more eers.

general business of the State and nation. right to it thau I have, and this in disregard These engineers are B. S. Alexander, lieu. So far as the interests of the company are of any wants of the Government for fortificatenant colonel engineers, brevet brigadiergen- concerned, while I believe in justice to them, tion purposes, and in view of the further fact eral United States Army; A. F. Rodgers, I more strongly believe in the necessity for that the only use of the island could be for assistant Coast Survey; G. H. Mendell, major || facilities to piove our vast wheat crop, to en- fortifications or for a railroad terminus. of engineers ; C. Seaforth Stewart, lieutenant tice the trade of Asia, and to give an outlet to I need not say that if these schemes could colonel United States engineers; R. S. Wil- our manufactures to the opulent and extend- succeed the island would be at once sold to liamson, major United States engineers. They || ing. markets of the East. That I and my col- the railroad company, and that that is the report this will not work any injury to the leagues are not alone in our views on this object of this pressure for the title by these harbor of San Francisco.

matter I am prepared to prove. I admit that | hungry individuals who bore us with imporThe fifth amendment provides that the Cen. San Francisco has spoken by the ordinarily

tunities to have this island made over tral Pacific Railroad Company shall make no recognized modes against the bill that was last them. How San Francisco would be bene. charge for wharfage for freight or passengers considered by the House. In deference to the fited by transferring this land through Thomas which have passed or are to pass over that objections that seemed to be urged by respect- Dowling, or rather through those who hold his island. It is deemed just that some compen- able organs of public opinion, I have coun

to the railroad company, instead of sation should be made to the Government for seled such modifications as would obviate all the company getting it by a direct grant, has the cession of one half of this island, and free those objections; and the suggestions have never been explained, and probably will not wharfage for the commerce of the country is | been heeded.

be. Gross and exaggerated stories, known, I no small boon. As I stated in a former dis- It was objected that a solid causeway from think, to be false, were told in thai debate to cussion, all through commerce passing through | Oakland to Goat Island would turn all the bolster up the pretensions of these lobbyists San Francisco pays to private wharf-owners in water between the island and the city of San to the island. I quote from the Globe: San Francisco two dollars a ton. This amend. Francisco so as to increase the strength of the Mr. Cole. I move to amend the bill by inserting ment is made for the purpose of allowing the tides, scour away the holding ground at the as an additional proviso the following: House to say whether through commerce shall bottom of the harbor, and perhaps affect the

'And provided further, That this act shall not im

pair the rights or claims of persons in possession of pass through that city free, or pay to private entrance. But it was said by Professor Peirce, the island of Yerba Buena at the time of the miliowners of wharves in San Francisco two dollars by engineers recently, and by all other authori. tary occupation thereof, or who have been ousted & ton. ties, that a bridge with piers three hundred feet

therefrom by military force, nor the assignees or

grantees of such persons; but such rights and claims The sixth amendment is that which provides apart, &c., would not have that effect. Very shall be ascertained and liquidated according to the Congress reserves full power to grant such well; the very language of the engineers has laws of California. portions of this island as may not be used by been adopted to regulate the construction of

*Mr. Howard. I hope that amendment will not

be adopted. the Central Pacific Railroad Company to the bridge.

* Mr. COLE. The facts, so far as this amendment other railroads.

Again, it was urged that the company could is concerned, are, that there were persons in possesI have sought in these amendments to meet use the island for wharfage and warehouse

sion of this island, living there with their farmevery substantial objection heretofore urged | purposes, and thus impose taxes on commerce

houses and in thindents, who had been there for many years.

their occupation began before against this bill. I now ask the previous ques. or build up a new city. That is expressly the acquisition of the country by the United States. tion on the motion to reconsider. prohibited in the bill, and guards inserted

They were in quiet and peaceful possession of their

homes upon the island until about a year ago, or Mr. GARFIELD, of Ohio. Will the geo- making it impossible.

perhaps until tbe year 1866, at which time, after the tleman from New York permit me to ask him It was said property would be built up not

war bad ended, the military authorities took possesa question? liable to taxation under State laws. That is

sion of the island and ousted these parties. This

was done by the strong arm of military force, and Mr. WHEELER. Certainly.

guarded against by a provision rendering the without any aljudication of their rights. These Mr. GARFIELD, of Ohio. I think there property liable to such taxation. Every point persons were in possession of this property by 18 are two amendments which the gentleman from of objection has been sought to be avoided,

much right as other citizens in San Francisco held

the property that they occupied; for it will be reNew York would not object to add to the ones save the one that no terminus except an membered that this island is within the boundaries which he has already stated. insecure wharf end shall be afforded to the

of the city of San Francisco. Other persons upua Mr. WHEELER. I will be willing to hear greatest railroad of the world.

the main land in the oity of San Francisco rogard

themselves as justly entitled to the property they any amendments which gentlemen may sugo Mr. HOLMAN. I rise to a point of order. were in possession of, and which has been granted

to

6 title,

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