equity arising under the Constitution and laws of the United States. "It is the duty of the President under the Constitution to 'take care that the laws be faithfully executed,' and to this end it is provided that he shall be 'Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States.' "It is treason against the United States 'for a citizen to levy war against them, or to adhere to their enemies, giving them aid and comfort. "Those who combine to use force to assail or resist the constituted authorities of the United States, civil or military, should be warned of the magnitude of their offense; and those who earn honest bread by honest toil can do nothing more detrimental to their interests than to countenance such persons in their lawless course. Which was rejected on a division-ayes II, noes 35. Mr. DANIEL'S substitute as last printed was then agreed to, without a division; and the original resolution of Mr. PEFFER as amended was then agreed to, without a division. Action in House of Representatives. July 16-Mr. MCCREARY moved to suspend. the rules and pass this resolution : "Resolved, That the House of Representatives indorses the prompt and vigorous efforts of the President and his Administration to suppress lawlessness, restore order, and prevent improper interference with the enforcement of the laws. of the United States and with the transportation of the mails of the United States and with interstate commerce, and pledges the President hearty "The action of the President and his Admin-support, and deems the success that has already istration has the full sympathy and support of the attended his efforts cause for public and general law-abiding masses of the people of the United congratulation." States, and will be supported by all Departments of the Government and by the power and resources of the entire nation." July 11-Mr. DANIEL offered this additional resolution: Thirty minutes were, under the rules, allowed for debate-fifteen on each side. At the conclusion of the debateThe question was put and the Speaker pro tem. declared that the ayes seemed to have it. The yeas and nays were demanded, but they were refused-23 ayes, 125 noes. Tellers on the yeas and nays were refused, 18: members only having risen. So tellers were refused, and the yeas and nays were refused. The resolution was then adopted, two-thirds, in the opinion of the Chair, having voted in the affirmative. "2. Resolved, That while the Senate thus explicitly declares its determination to support the Executive in the enforcement of the laws, and in maintaining the supremacy of the Constitution, it deems it proper also to declare its adhesion to the principle of arbitration of differences or controversies between the employers of labor and the employees, as recognized in the laws of the United States; and to express its condemna- During the debate, these sections of the Re-tion of the refusal of any party to such contro-vised Statutes were quoted as justifying what versies or differences connected with the late the President had done: disturbances in the city of Chicago and its vicinity to submit such differences or controversies to fair and impartial arbitration. And the Senate also expresses its determination to use, in promotion of the arbitration of such differences or controversies, whatever constitutional power it may possess." After a brief debate, Section 5298, enacted July 29, 1861: "Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce by the course of judicial proceedings the laws of the United States within any State or Territory, it Mr. DANIEL modified his substitute offered shall be lawful for the President to call forth the July 10, to read as follows: "Resolved, That the Senate indorses the prompt and vigorous measures adopted by the President of the United States and the members of his Administration to repulse and repress, by military force, the interference of lawless men with the due process of the laws of the United States, and with the transportation of the mails of the United States, and with commerce among the States. 66 militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed." Section 5299, enacted April 20, 1871: "Whenever insurrection, domestic violence,. The action of the President and his Admin- unlawful combinations, or conspiracies in any istration has the full sympathy and support of the State so obstruct or hinder the execution of the law-abiding masses of the people of the United laws thereof and of the United States as to deStates, and he will be supported by all depart-prive any portion or class of the people of such ments of the Government and by the power and resources of the entire nation." State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect or from any cause fail in or refuse protection of the people in such rights, such factsshall be deemed a denial by such State of the equal protection to the laws to which they are en- | employment of the militia or the land and naval titled under the Constitution of the United States; forces of the United States, or of either, or by and in all such cases, or whenever any such insur- other means, as he may deem necessary for the rection, violence, unlawful combination, or con- suppression of such insurrection, domestic viospiracy opposes or obstructs the laws of the United lence, or combinations." States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and shall be his duty, to take such measures, by the [For legislative history of the Act of June 20, 1871, see McPherson's HAND-BOOK OF POLITICS FOR 1872, pp. 85-88.] XXXIII. BILL TO MAKE UNITED STATES RAILROAD CORPORATIONS, FOR PURPOSES OF JURISDICTION, CITIZENS OF THE RESPECTIVE STATES. IN HOUSE OF REPRESENTATIVES. 1894, July 17-Pending H. R. bill 1939, to provide that United States Railroad Corporations shall, for purposes of jurisdiction, be deemed citizens of the respective States into which their line of railway may extend, called up by Mr. STOCKDALE: "Be it enacted, etc., That all United States railroad corporations, or railroad corporations or companies organized or incorporated under or by virtue of any law or laws of the United States, shall, for all purposes of jurisdiction, be held and deemed to be citizens and corporations of the respective States into which their line of railway, or any branch or spur thereof, may extend, or in which any such corporation may conduct or carry on any business, as to all causes which may arise in said States and Territories against said corporations; and service of process upon such corporations may be made according to the laws of the respective States in which suits shall be brought. "SEC. 2. That this act shall take effect and be in force from and after its passage, and all acts or parts thereof in conflict with the provisions of this act are hereby repealed." Mr. RAY moved to add at the end of the bill the following: "Provided, That nothing herein contained shall affect the jurisdiction of the courts of the United States." Which was rejected-yeas 44, nays 136, (not voting 171, "present" 4): YEAS-Messrs. Baker of N. H., Bingham, Bowers of Cal., Brosius, Childs, Curtis of Kan.. Curtis of N. Y., Dalzell, Daniels of N. Y., Ellis of Ore., Everett of Mass., Grosvenor, Grow Hager, Hartman, Heiner of Pa., Hepburn, Hicks, Hitt, Loudenslager, Mahon, Marvin, McCleary of Minn., Meiklejohn, Morse, Northway, Perkins, Phillips, Post, Ray, Reed, Reyburn, Russell of Conn., Smith, C. W. Stone, W. A. Stone, Sweet, Taylor of Tenn., Tracey, Wadsworth, Wanger, Warner, Waugh, Wilson of O.-44. NAYS-Messrs. Alderson, Alexander, Allen, Arnold, Bailey, BAKER of Kan., Barnes, Bartholdt, Barwig, BELL of Colo., Bell of Tex., Berry, Black of Ga., Black of Ill., Bland, Boatner, BOEN, Bretz, Brickner, Broderick, Brookshire, Bryan, Bunn, Cadmus, Caminetti, Campbell, Cannon of Cal., Cannon of Ill., Capehart, Caruth, Catchings, Clark of Mo., Cobb of Mo., Cockrell, Coffeen, Cooper of Fla., Cooper of Tex., Cooper of Wis., Cox of Tenn., Crawford, Davey, DAVIS, De Armond, De Forest, Dinsmore, Dockery, Durborow, Ellis of Ky., English of Cal., Epes, Erdman, Fithian, Forman, Fyan, Goldzier, Gorman, Grady, Gresham, Hall of Mo., Hatch, Henderson of N. C., Holman, HUDSON, Hunter, Hutcheson, Izlar, Johnson of N. Dak., Jones, KEM, Kiefer, Kribbs, Kyle, Lane, Latimer, Layton, Lester of Ga., Lockwood, Lucas, Lynch, Maddox, Mallory, Marsh, Marshall, Martin, McCreary of Ky., McCulloch, McDearmon, McEttrick, McKaig, MCKEIGHAN, McLaurin, McNagny, McRae, Meyer, Ogden, O'Neil of Mass., O'Neill of Mo., Page, Patterson, Pearson, PENCE, Pendleton of Tex., Pendleton of W. Va., Pickler, Pigott, Powers, Richards of O., Richardson of Tenn., Ritchie, Robbins, Robertson, Sayers, Shell, Snodgrass, Somers, Sorg, Stockdale, Strait, Straus, Talbert of S. C., Talbott of Md., Tate, Taylor of Ind., Terry, Tucker, Turner of Va., Tyler, Updegraff, Weadock, Wells, Wheeler of | Ala., Williams of Ill., Wilson of W. Va., Wise, Wolverton, Woodard-136. The bill was ordered engrossed and read the third time—yeas 158, nays 12, (not voting 171, "present" 7, reported by tellers 3): YEAS-Messrs. Alderson, Alexander, Allen, Arnold, Bailey, BAKER of Kan., Barnes, Bartholdt, Barwig, Bell of Tex., Beltzhoover, Berry, Black of Ga., Black of Ill., Bland, Boatner, BOEN, Bowers of Cal., Bretz, Brickner, Broderick, Brookshire, Bryan, Bundy, Cadmus, Cannon of Cal., Cannon of Ill., Capehart, Caruth, Catchings, Clancy, Clark of Mo., Cobb of Mo., Cockrell, Coffeen, Cooper of Fla., Cooper of Ind., Cooper of Tex., Cooper of Wis., Cousins, Cox of Tenn., Crawford, Curtis of Kan., Curtis of N. Y., Davey, DAVIS, De Armond, De Forest, Dinsmore, Dockery, Dunn, Durborow, Ellis of Ky., English of Cal., English of N. J., Epes, Erdman, Everett of Mass., Fielder, Fithian, Fletcher, Forman, Fyan, Goldzier, Gorman, Grady, Gresham, Griffin, Hall of Mo., Hatch, Heard, Henderson of N. C., Hitt, Holman, HUDSON, Hunter, Hutcheson, Ikirt, Izlar, Johnson of N. Dak., Jones, KEM, Kiefer, Kil- | Thomas, Tracey, Tucker, Turner of Ga., NAYS-Messrs. Bingham, Brosius, Childs, The bill was then passed without a division. It was referred to the Judiciary Committee. XXXIV. STATE TAXATION UPON NATIONAL BANK NOTES AND UNITED STATES TREASURY NOTES. IN HOUSE OF REPRESENTATIVES. 1894, July 6-This bill (H. R. 4326), introduced by Mr. COOPER of Indiana, and reported from the Committee on Banking and Currency, and amended after debate, as follows: "Be it enacted, etc., That all circulating notes of national banking associations and all United States legal-tender notes and all other notes and certificates of the United States payable on demand and circulating as currency shall be subject to taxation under the laws of any State or Territory: Provided, That any such taxation shall be exercised in the same manner and at the same rate that any such State or Territory shall tax other property, money or currency circulating as money within its jurisdiction. "SEC. 24 That the provisions of this Act shall not be deemed or held to change existing laws in respect of the taxation of national banking associations." Was passed-yeas 173, nays 41, (not voting 138): YEAS-Messrs. Abbott, Aitken, Alderson, Alexander, Allen, Arnold, Bailey, BAKER of Kan., Baker of N. H., Baldwin, Bartholdt, Barwig, BELL of Colo., Bell of Tex., Berry, Black of Ga., Black of Ill., Boatner, BOEN, Bower of N. C., Bretz, Brickner, Broderick, Brookshire, Bryan, Bynum, Cabaniss, Caminetti, Cannon of Cal., Cannon of Ill., Capehart, Caruth, Catchings, Clark of Mo., Clarke of Ala., Cobb of Ala., Cockrell, Coffeen, Conn, Cooper of Fla., Cooper of Ind., Cooper of Tex., Cooper of Wis., Cousins, Cox of Tenn., Crawford, Curtis of Kan., Daniels of N. Y., DAVIS, De Armond, Denson, Dockery, Dolliver, Donovan, Draper, Dunn, Durborow, Ellis of Ky., Ellis of Ore., English of Cal., Epes, Erdman, Fithian, Fyan, Geary, Goldzier, Gorman, Grady, Gresham, Griffin, Grosvenor, Hager, Hall of Minn., Hall of Mo., Hare, Hayes, Heard, Henderson of N. C., Hepburn, Hermann, Hitt. Hooker of Miss., Hopkins of Ill., HUDSON, Hunter, Hutcheson, İzlar, Johnson of N. Dak., Jones, KEM, Kiefer, Kilgore, Kribbs, Kyle, Lacey, Lane, Lapham, Latimer, Layton, Lester of Ga., Linton, Lucas, Lynch, Maguire, Mallory, Marsh, Marshall, Martin, McCreary of Ky., McCulloch, McDannold, McDearmon, McEttrick, McGann, MCKEIGHAN, McMillin, McNagny, McRae, Meyer, Money, Moon, Morgan, Ogden, O'Neill of Mo., Outhwaite, Page, Paschal, Patterson, Paynter, Pearson, Pendleton of Tex., Pendleton of W. Va., Pickler, Post, Powers, Price, Richards of O., Ritchie, Robbins, Robertson, Sayers, Shell, Snodgrass, Sorg, Sperry, Stone of Ky., Strait, Strong, Swanson, Sweet, Talbert of S. C., Talbott of Md., 7arsney, Tate, Tawney, Taylor of Ind., Terry, Turner of Ga., Turner of Va., Tyler, Updegraff, Van Voorhis of O., Warner, Washington, Waugh, Weadock, Wells, Wheeler of Ala., Williams of Ill., Williams of Miss., Wilson of O., Wise, Wolverton—173. NAYS - Messrs. Adams of Pa., Bartlett, Bingham, Blair, Bowers of Cal., Brosius, Bundy, Covert, Cummings, Dalzell, De Forest, Doolittle, English of N. J., Fletcher, Gear, Grow, Hainer of Neb., Haines of N. Y., Harmer, Haugen, Henderson of Ill., Hicks, Hooker of N. Y., Hulick, Johnson of O., Loud, Loudenslager, Mahon, McAleer, McCall, H. Mutchler, Northway, Pigott, Quigg, Ray, Reilly, Ryan, C. W. Stone, W. A. Stone, Wanger, Wright of Mass.-41. IN SENATE. August 4-Amended so as to include "gold, silver or other coin" on hand or on deposit-and passed without division. 1 XXXV. ACTION ON BILLS TOUCHING PENSIONS IN THE FIFTY-THIRD CONGRESS. IN HOUSE OF REPRESENTATIVES.-SECOND | States to be a vested right in the grantee to that SESSION. 1893, December 19-Pending the Urgent Deficiency bill, in Committee of the WholeMr. W. A. STONE moved to add this proviso to a clause relating to Pensions: "Provided, That no pension shall be suspended or stopped except after full hearing, of which the pensioner shall have previous reasonable notice, with opportunity to submit testimony in support of his or her pension and in reply to that affecting his or her right to receive a pension."* Which was agreed to-ayes IOI, noes 45. Mr. MARTIN moved to amend by striking out 66 this: "That any pension heretofore or that may hereafter be granted to any applicant therefor under any law of the United States authorizing the granting and payment of pensions, on application made and adjudicated upon, shall be deemed and held by all officers of the United * Following is a copy of the Order of the Interior Department under which many suspensions were made: DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS, Washington, August 26, 1893. [Order No. 240.] In the reëxamination of all cases allowed under section 2 of the act of June 27, 1890, the practice of the Bureau is hereby changed and modified as follows: First. Where it appears, prima facie on the face of the papers, that the pensioner was not entitled to any rating, the payment of the pension shall be at once suspended, and the pensioner notified that he will be dropped from the rolls after sixty days from such notice, unless he shall in the meantime file competent evidence showing his right to pension. Second. Where, on the face of the papers, it appears that the pensioner is entitled to a less rate than he is now receiving, he shall be notified that his pension will be reduced to such less rate, unless within sixty days from such notice he shall file competent evidence of his right to a higher rating. Third. When it appears on the face of the papers that the pensioner had been allowed a pension under a prior law, and that he is not entitled under the act of June 27; 1890, to any higher rate of pension than was so allowed under such prior law, he shall be notified that his pension under the act of June 27, 1890, will be dropped and his pension under such prior law restored, unless within sixty days from such notice he shall file competent evidence that he is entitled to a higher rate than was granted by his pension under such. prior law. Fourth. Every notice shall inform the pensioner that upon his application to the Commissioner he will be immediately ordered for examination by a local medica! board, to enable him to obtain the necessary evidence to show his right to pension. Fifth. When any pensioner shall have complied with the requirement of such notice, and furnished evidence tending to support his claim to be continued on the rolls, the case shall at once be a "special case," and be promptly adjudicated. (There will be no preliminary suspension in any case hereafter, except as provided in the first subdivision of this order.) WM. LOCHREN, Commissioner. Approved. December 20-In SENATE the clause was unamended. 1894, July 25-The HOUSE passed without division a bill to authorize fourth-class postmasters to administer oaths to pensioners and their witnesses in the execution of their vouchers for quarterly payments, to attach thereto the seal of their office, and to receive 25 cents therefor. Same day-A bill to amend the Pension Act of June 27, 1890, by making these changes in its third section, passed without division: "First. If a soldier leaves a widow and a child, who, prior to attaining the age of 16 years, had become, or shall become, insane, idiotic, or otherwise permanently helpless, the widow shall receive $2 per month on account of such child so long as he may be dependent on her, without regard to his age. "Second. If the soldier leave no widow, or if the widow die or remarry, such helpless child, as above described, shall be entitled to pension without regard to his age. "Third. If a soldier leave a widow who is not pensionable under any law, because the soldier's death was not due to his service and because she married him subsequent to June 27, 1890, any children he may leave by a former marriage may be pensioned as if he had left no widow." Same day S. bill 1138, to repeal that clause of the Appropriation Act of March 1, 1893, which reads as follows: "That from and after July 1, 1893, no pension shall be paid to a non-resident who is not a citizen of the United States, except for actual disabilities incurred in the service." Was considered in Committee of the Whole, the vote being ayes 92, noes 20 (no quorum), when the bill was withdrawn. On December 14, 1893, the SENATE had passed it without division, on motion of Mr. PALMFR, and on the urgent recommendation of the Commissioner of Pensions. XXXVI. MISCELLANEOUS. Bill for the Reinstatement of Certain Hulick, Hull, Johnson of Ind., Johnson of IN HOUSE OF REPRESENTATIVES. 1894, July 24-This bill (H. R. 4017), re-kins, Pickler, Powers, Quigg, Reed, Russell of ported by the late GEORGE W. HOUK, from the Committee on the Judiciary: "Be it enacted, &c., That the PostmasterGeneral may reinstate, without examination or certification by the Civil Service Commission, whenever a vacancy may occur in a grade or class no higher than that in which he was formerly employed, any person who was dismissed from the Railway Mail Service, or any person serving as a probationary clerk and whose appointment was allowed to expire by limitation, through no delinquency or misconduct of his own, between the fifteenth day of March and the first day of May, eighteen hundred and eighty-nine, or who was dismissed from said service after said last-named date upon any order made prior thereto." Was passed-yeas 139, nays 52, (not voting 158, "present" 2 ): Conn., C. W. Stone, Storer, Strong, Taylor of IN HOUSE OF REPRESENTATIVES. "Be it enacted, etc., That taxes heretofore or hereafter assessed by State, county or municipal authority against any corporation or corporate property shall not be classed as debts to be passed upon in the first instance by any court of the United States, but shall be collectible by the proper authorities of such State, county or municipality according to the assessment, whether such corporation be in the hands of a receiver or shall have any other or greater authority or power to enjoin, restrain, or in any way interfere with the collection of such taxes against any corporation or corporate property in the hands or under the management of a receiver than if no such receivership existed; and the seizure as well as the sale of any property for the collection of any such taxes shall divest the receiver and the court of all control over the same: Provided, That any and all property taken out of the hands of the receiver and from under the control of the court and not sold for such taxes shall be returned to the receiver, and shall again be under the control of the court: And provided further, That a corporation or receiver of a corporation shall have the same right that a citizen of such State, county or municipality may have, under the laws of such State, to apply for the abatement of any tax, or to sue or defend on account of any alleged over-assessment or improper or illegal assessment in any court having jurisdiction. YEAS-Messrs. Abbott, Alderson, Alexander, Allen, Arnold, Bailey, BAKER of Kan., Baldwin, Barnes, Bartlett, Bell of Tex., Beltz-not; and no judge or court of the United States hoover, Black of Ga., Black of Ill., Bland, Boatner, Bretz, Brickner, Brookshire, Brown, Bunn, Bynum, Cadmus, Caminetti, Cannon of Cal., Capehart, Caruth, Catchings, Causey, Clancy, Clark of Mo., Cobb of Mo., Cockrell, Coffeen, Cooper of Fla., Cooper of Ind., Cooper of Tex., Cornish, Covert, Cox, Crawford, Culberson, Cummings, DAVIS, De Armond, Dinsmore, Dockery, Donovan, Dunn, Dunphy, Ellis of Ky., English of N. J., Epes, Erdman, Forman, Geissenhainer, Goldzier, Gorman, Graham, Gresham, Griffin, Haines, Hall of Minn., Hall of Mo., Hammond, Hare, Harris, Hatch, Heard, Henderson of N. C., Holman, HUDSON, Hunter, Hutcheson, Izlar, Jones, KEM, Kribbs, Kyle, Lane, Lapham, Latimer, Layton, Lester, Livingston, Lynch, Maddox, Mallory, Marshall, Martin of Ind., McCreary, McDannold, McDearmon, McEttrick, MeGann, McKaig, McNagny, McRae, Meredith, Meyer, Money, Ogden, Outhwaite, Page, Paschal, Patterson, Pearson, Pendleton of Tex., Pendleton of W. Va., Pigott, Richards of Ohio, Richardson of Mich., Richardson of Tenn., Ritchie, Robbins, Robertson of La., Ryan, Sayers, Schermerhorn, Shell, Snodgrass, Somers, Springer, Strait, Swanson, Talbert of S. C., Talbott of Md., Tarsney, Tate, Terry, Turner of Ga., Tyler, Warner, Wells, Wheeler of Ala., Williams of Ill., Williams of Miss., Wolverton, Woodard-139. NAYS-Messrs. Adams of Pa., Apsley, Avery, Baker of N. H., Bingham, BOEN, Broderick, Brosius, Bundy, Burrows, Childs, Cooper of Wis., Cousins, Curtis of N. Y., Daniels, Draper, Ellis of Ore., Funk, Grout, Hainer, Hartman, "SEC. 2. That all acts and parts of acts, in so far as the same are repugnant to or inconsistent with the provisions of this act, are hereby repealed." Inspection of Immigrants. IN HOUSE OF REPRESENTATIVES. 1894, July 20-This bill (H. R. 5246), providing for the inspection of immigrants by United States Consuls, reported from the Judiciary Committee, passed without division: "Be it enacted, etc., That no alien immigrant shall be admitted within the United States unless he or she shall exhibit to the United States in |
