Sec. 11. Mode of procedure when such actual market value cannot be ascertained satisfactorily under the provisions of Section 10.

the President. Permanent

Sec. 12. Nine general appraisers authorized to be appointed by To be employed at such ports as Secretary of Treasury may prescribe. board to be established at the port of New-York. Place of sample to be established

there.

Sec. 13. Prescribes duties of appraisers and assistant appraisers. Mode re-appraisement. Decision of board of appraisers final as to dutiable value.

of

Sec. 14. Mode of appeal and time within which it must be taken from decision of collector. Decision of collector conclusive unless appeal is taken within ten days. Decision of board conclusive unless appeal to circuit court is taken as prescribed in Section 15.

Sec. 15. Prescribes mode of appeal on question of classification to the circuit court, and thence to the Supreme Court, and how final judgment shall be satisfied. Sec. 16. General appraisers authorized to administer oaths, and cite parties before them; and with power to compel production of papers and to take testimony in writing.

Sec. 17. Penalty for violation of preceding section. Penalty for false swearing. See. 18. Decisions of general appraisers to be filled, and to be open to public inspection; to be reported to Secretary of Treasury and board of general appraisers with samples. Abstract of decisions to be made and published once each week.

Sec. 19. Definition of "value" or "actual market value" as used in this act: Duty on unusual coverings.

Sec. 20. Goods in bonded warehouse may be withdrawn within three years from entry on payment of duty in force at time of withdrawal.

Sec. 21. Burden of proof in customs cases to lie on the claimant of goods.

Sec. 22. Fees abolished in customs cases; declarations substituted for oaths, and penalties of Section 6 applied to them.

Sec. 23. Damage allowance abolished. Owner may abandon goods to Government, if amounting to 10 per cent or over of invoice.

Sec. 24. Provides for refund of excess of overpayment in customs duties, and makes a permanent appropriation. Secretary of Treasury to give a yearly detailed statement of such refunds.

Sec. 25. Prohibits liability of collector for acts performed or decisions rendered in connection with values and classifications and rates of duty.

Secs. 26, 27. Makes the giving or soliciting of bribes or presents to or by offleers of the United States a penal offence.

Sec. 28. Authorizes passage of baggage in transit to a foreign country without payment of duty.

Sec. 29. Repealing section.

IV. To reduce the revenue and equalize duties on exports and for other purposes. This is popularly known as the McKinley Tariff bill.

The final votes on this bill were as follows:

ON PASSING THE BILL IN HOUSE, MAY 21, 1890.

Yeas-Messrs. Adams, Allen, of Michigan; Anderson, of Kansas; Arnold, Atkinson, of Pennsylvania: Atkinson, of West Virginia; Baker, of New-York; Banks, Bartine, Bayne. Beckwith, Belden, Belknap, Bergen, Bingham, Bliss, of Michigan: Boothman, Boutelle, Bowden, Brewer, Brosius, Brower, T. M. Browne, Browne, of Virginia; Buchanan, of New-Jersey; Burrows, Burton, Butterworth, Caldwell, Candler, of Massachusetts; Cannon, Carter, Caswell, Cheadle, Cheatham, Clark, of Wisconsin; Cogs. well, Comstock, Conger, Cooper, of Ohio; Craig, Culbertson, of Pennsylvania; Cutcheon, Dalzell, Darlington, De Haven, De Lano, Dingley, Dolliver, Dorsey, Dunnell, Evans. Ewart, Farquhar, Finley, Flick. Flood, Frank, Funston, Gear, Gest, Gifford, Greenhalge, Grosvenor, Hall, of Minnesota; Hansbrough, Harmer, Haugen, Henderson, of Illinois; Henderson, of Iowa; Hermann, Hill, Hitt, Hopkins, of Illinois; Houk, Kelley, of Kansas: Kennedy. Kerr, of Iowa; Ketcham, Kinsey, Knapp, Lacey, La Follette, Laidlaw, Lansing. Laws, Lehlbach, Lind, Lodge, Mason, McComas, McCord, McCormick, McKenna. McKinley, Miles, Milliken, Moffit, Moore, of New-Hampshire; Morey, Morrill, Morrow. E. A. Morse. Mudd, Neidringhaus, Nute. O'Donnell, O'Neill, of Pennsylvania; Osborne, Owen. of Indiana; Payne, Perkins, Pickler, Post, Pugs. ley, Quackenbush, Raines, Randall, of Massachusetts; Ray, Reyburn. Rife, Rockwell, Rowell, Russell, of Connecticut: Sanford, Sawyer, Scranton, Scull, Sherman, Simonds, Smith, of Illinois: Smith, of West Virginia: Smyser, Snider, of Minnesota; Spooner, Stephenson, of Michigan: Stewart. of Vermont; Sweney, Taylor. of Illinois: Taylor, of Tennessee; E. R. Taylor. J. Stivers, Stockbridge. Struble, Thomas of Wisconsin: Thompson, of Ohio: Townsend. of Colorado; Townsend. of D. Taylor. Pennsylvania; Vandever. Van Schaiek, WaddH1, Wade, Walk r. of Massachusetts; Wallace, of Massachusetts: Wallace. of New-York; Watson, Wheeler, of Michigan; Wickham, Williams, of Ohio: Wilson, of Kentucky'; Wilson, of Washington; Wright, Yardley-164. (All Republicans.)

Nays-Messrs. Abbott, Alderson. Allen. of Mississippi; Anderson, of Mississippi; Andrew, Barnes. Barwig, Biggs, Blanchard, Bland, Blount. Boatner, Breckinridge, of Arkansas; Breckinridge, of Kentucky: Brickner, Brookshire, J. B. Brown. Brunner, Buchanan of Virginia: Buckalew, Bunn, Bynum. F. Campbell, Candler, of Georgia; Carlisle, Carlton, Caruth. Catchings. Chipman, Clancy. Clarke, of Alabama; Clements, Clunie, Cobb, Coleman, Cooper, of Indiana; Covert, Cowles, Crain, Crisp, Culberson, of Texas; Cummings, Dargan, Davidson, of Florida; Dibble, Dockery, Dunphy, Ed

munds, Elliott, Ellis, Enloe, Featherston, Fitch, Fithian, Flower, Forman, Forney, Fowler, Geissenhainer, Gibson, Goodnight, Grimes, Hare, Hatch, Hayes, Haynes, Heard, Hemphill, Henderson, of North Carolina; Herbert, Holman, Kerr, of Pennsylvania; Lanham, Lee, Lester, of Georgia; Lester, of Virginia; Lewis, Magner, Maish, Mansur, Martin, of Indiana; Martin, of Texas; McAdoo, McCarthy, McClam my, McClellan, McCreary, McMillin, McRae, Mills, Montgomery, Moore, of Texas; Morgan, Mutchler, Oates, O'Ferrall, O'Neil, of Massachusetts; Outhwaite, Owens, of Ohio; Parrett, Paynter, Peel, Penington, Perry, Pierce, Price, Quinn, Reilly, Richardson, Robertson, Rogers, Rowland, Rusk, Sayers, Seney, Shively, Skinner, Springer, Stahlnecker, Stewart, of Georgia; Stewart, of Texas; Stone, of Kentucky; Stump, Tarsney, of Missouri; Tillman, Tracey, Tucker, Turner, of Georgia; Turner, of New-York; Turpin, Venable, Washington, Wheeler, of Alabama; Whiting, of Michigan; Whitthorne, Wike, Wilkinson, Willcox, Williams, of Illinois; Wilson, of Missou ri; Wilson, of West Virginia; Yoder-142. Republican, 1; "Wheeler," 1; Democrats,

140.

Not voting-Messrs. Bankhead, Bullock, Connell, Cothran, Grout, Hooker, Kilgore, Lane, Lawler, Norton, O'Neall, of Indiana; Payson, Peters, Phelan, Reed, of Iowa; Spinola, Stockdale, Stone, of Missouri; Turner, of Kansas, Walker, of Mis. souri; Wiley-21. Republicans, 6; Democrats, 15.

IN SENATE, SEPTEMBER 10.

Yeas-Messrs. Aldrich, Allen, Allison, Blair, Cameron, Casey, Chandler, Cullom. Davis, Dawes, Dixon, Evarts, Frye, Hawley, Higgins, Hiscock, Hoar, Ingalls, Jones of Nevada, McMillan, Mauderson, Mitchell, Moody, Paddock, Pierce, Platt, Plumb, Power, Quay, Sanders, Sawyer, Sherman, Spooner, Squire, Stewart, Stockbridge, Tellen Washburn, Wilson of Iowa, Wolcott-40. (All Republicans.)

Nays-Messrs. Barbour, Bate. Berry, Blackburn, Blodgett, Butler, Carlisle, Cockrell, Coke, Colquitt, Daniel, Faulkner, Gorman, Gray, Harris, Hearst, Jones of Arkansas, Kenna, Morgan, Pasco, Pugh, Ransom, Reagan, Turpie, Vance, Vest, Voorhees, Walthall, Wilson of Maryland-29. (All Democrats.)

When the bill was reported back, late in September, from the Conference Committee (being the existing law), the attendance in each branch of Congress was smaller than on the original passage. In the Senate the vote was: Yeas 33, nays 27. In the House it was: Yeas 152, nays 81. In each case the vote was partisan, except that Senators Paddock of Nebraska, Pettigrew of South Dakota, and Plumb of Kansas, Republlcans; and Representatives Ccleman of Louisiana, and Kelley of Kansas, Republi cans, and Featherston of Arkansas, "Wheeler," voted with the Democrats against the bill. The negative vote in the House was comparatively small by reason of the unpaired absence of about forty Democrats. These had made their record on the original passage of the bill, and proved to be unwilling to remain in attendance till the adjournment of Congress.

Be it enacted, etc., That there is hereby forfeited to the United States, and the United States hereby resumes the title thereto, all lands heretofore granted to any State or to any corporation to aid in the construction of a railroad opposite to and coterminous with the portion of any such railroad not now completed, and in operation, for the construction or benefit of which such lands were granted; and all such lands are declared to be a part of the public domain. Provided, That this act shall not be construed as forfeiting the right of way or station grounds of any railroad company heretofore granted.

Sec. 2. That all persons who, at the date of the passage of this act, are actual settlers in good faith on any of the lands hereby forfeited and are otherwise qualified, on making due claim on said lands under the homestead law within six months after the passage of this act, shall be entitled to a preference right to enter the same under the provisions of the homestead law and this act, and shall be regarded as such actual settlers from the date of actual settlement or occupation; and any person who has not heretofore had the benefit of the homestead or pre-emption law, or who has failed from any cause to perfect the title to a tract of land heretofore entered by him under either of said laws, may make a second homestead entry under the provisions of this act. The Secretary of the Interior shall make such rules as will secure to such actual settlers these rights.

Sec. 3. That in all cases where persons being citizens of the United States, or who have declared their intentions to become such, in accordance with the naturalization laws of the United States, are in possession of any of the lands affected by any such giant and hereby resumed by and restored to the United States, under deed, written contract with, or license from, the State or corporation to which such grant was made, or its assignées, executed prior to January 1, 1888, or where persons may have settled said lands with bona fide intent to secure title thereto by purchase from the State or corpcration when earned by compliance with the conditions or requirements of the granting acts of Congress they shall be entitled to purchase the same from the United States in quantities not exceeding 320 acres to any one such person, at the rate of $1 25 per acré, at any time within two years from the passage of this act, and on making said payment to receive patents therefor, and where any such person in actual possession of any such lands and having improved the same prior to the first day of January, 1890,

34

account of the purchase under deed, written contract or license as aforesaid, or his assignor, has made partial or full payments to said railroad company prior to said date, on price of said lands from it, on proof of the amount of such payments he shall be enitled to have the same, to the extent and amount of $1 25 per acre, if so much has been paid, and not more, credited to him on account of and as part of the purchase price herein provided to be paid the United States for said lands, or such persons may elect to abandon their purchases and make claim on said lands under the homestead law and as provided in the preceding section of this act: Provided, That in all cases where parties, persons or corporations, with the permission of such State or corporation, or its assignées, are in the possession of and have made improvements upon any of the lands hereby resumed and restored, and are not entitled to enter the same under the provisions of this act, such parties, persons or corporations shall have six inonths in which to remove any growing crop, and within which time they shall also be entitled to remove all buildings and other movable improvements from said lands: Provided further, That the provisions of this section shall not apply to any lands situate in the State of Iowa on which any person in good faith has made or asserted the right to make a pre-emption or homestead settlement: And provided further, That nothing in this act contained shall be construed as limiting the rights granted to purchasers or settlers by "An act to provide for the adjustment of land grants made by Congress to aid in the construction of railroads, and for the forfeiture of unearned lands, and for other purposes,” proved March 3, 1887, or as repealing, altering or amending said act, nor as in any manner affecting any cause of action existing in favor of any purchaser against is grantor for breach of any covenants of title.

Section 4 relates to lands granted in Iowa and Minnesota.

Section 5 protects settlers in Oregon north of the "Harrison line."

ap

Section 7 gives the Gulf and Ship Island Railroad in Mississippi one year before a forfeiture shall affect the lands lving south of a line drawn east and west through the point where the Gulf and Ship Island Railroad may cross the New-Orleans and Northeastern Railroad.

Section 8 gives the Mobile and Girard Company of Alabama its lands earned by the construction of its road from Girard to Troy, 84 miles.

Section 6 is as follows:

"Sec. 6. That no lands declared forfeited to the United States by this act shall by reason of such forfeiture inure to the benefit of any State or corporation to which lands may have been granted by Congress, except as herein otherwise provided; nor shall this act be construed to enlarge the area of land originally covered by any such grant, or to confer, any right upon any State, corporation or person to lands which were Nor shall the moiety of the lands granted to any railroad excepted from such grant. company on account of a main and a branch line appertaining to uncompleted road, and hereby forfeited, within the conflicting limits of the grants for such main and branch lines, when but one of such lines has been completed, inure by virtue of the forfeiture hereby declared, to the benefit of the completed line."

This act makes a forfeiture of lands lying opposite to, and coterminous with, the portion of any such railroad not now completed and in coeration." It was the fruit of As such, it passed the Senate-yeas 30 (all Republicans), a committee of conference. In the House it passed on a division-107 to 21-the yeas nays 13 (all Democrats). and nays having been refused. During the pendency of the bill in the House, a motion to make the forfeiture apply to all lands lying opposite to, and coterminous with, the portion of any such railroad not constructed and completed within the time prescribed by the Act of Congress making such grant for the construction and completion of the whole railroad as proThe yeas were 84 (Republicans 7, Democrats vided for by such act," was rejected.

77), nays 107 (Republicans 101, Democrats 6).

The bill as it pissed the House contained this section:

"Sec. 7. That nothing in this act shall be construed to waive or release in any way any right of the United States to have any other lands granted by them, as recited In the first section, forfeited for any failure, past or future, to comply with the conditions of the grant."

The Senate bill did not contain this feature, and the Committee of Conference omitted it from the bill as reported by them.

Likewise, the section in the Senate bill, that the provisions of this act should not apply to any railroad in Alabama which is completed through its entire length within one year after the approval of this act, was dropped out of the Conference Report. The act, it is estimated, will forfeit, and restore to the public domain, about 8,000,000 acres.

MEAT INSPECTION.

This act authorizes the Secretary of Agriculture to make a careful inspection of salted pork or bacon intended for exportation, with a view of determining whether the same is wholesome, sound and fit for human food, whenever the laws, regulations, or orders of the Government of any foreign country to which such pork or bacon is to be exported shall require inspection thereof relating to the importation thereof into such country, and also whenever any buyer, seller, or exporter of such meats intended for exportation shall request the inspection thereof.

It shall be unlawful to import into the United States any hdulterated or unwhole. some food or drug, or any vinous, spirituous, or malt liquors, adulterated or mixed drug, or other ingredient injurious to with any poisonous or noxious chemical, alth. Whenever the President is satisfied that there is good reason to believe that any

i

importation is being made, or is about to be made, into the United States, from any foreign country, of any article used for human food or drink that is adulterated to an extent dangerous to the health or welfare of the people of the United States, or any of them, he may issue his proclamation suspending the importation of such articles from such country for such period of time as he may think necessary to prevent such importation; and during such period it shall be unlawful to import into the United States from the countries designated in the proclamation of the President any of the articles the importation of which is so suspended.

Whenever the President shall be satisfied that unjust discriminations are made by or under the authority of any foreign State against the importation to or sale in such foreign State of any product of the United States, he may direct that such products of such foreign State so discriminating against any product of the United States as he may deem proper shall be excluded from importation to the United States; and in such case he shall make proclamation of his direction in the premises, and therein name the time when such direction against importation shall take effect, and after such date the importation of the articles named in such proclamation shall be unlawful. The President may at any time revoke, modify, terminate, or renew any such direction as, in his opinion, the public interest may require.

The importation of neat cattle, sheep, and other ruminants, and swine, which are diseased or infected with any disease, or which shall have been exposed to such infection within sixty days next before their exportation, is hereby prohibited.

Whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, suspend the importation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful.

Proper penalties are provided. There was no struggle over this enactment.

NAVY, INCREASE OF.

The Navy Appropriation Act provides for the construction, by contract, of three sea-going coast-line battle ships to carry the heaviest amor and most powerful ordnance upon a displacement of about 8,500 tons, with a coal endurance of about 5,000 knots on the total coal capacity at the most economical rate of speed, and to have the highest practicable speed for vessels of their class, to cost, exclusive of armament and of any premiums that may be paid for increased speed, not exceeding $4,000,000 each; one protected cruiser of about 7,300 tons displacement, at a cost, exclusive of armament, not to exceed $2,750,000, to have a maximum speed of not less than twentyone knots; one swift torpedo cruiser of about 750 tons displacement, at a cost, exclusive of armament, not to exceed $350,000, to have a maximum speed of not less than twentythree knots; and one torpedo boat, at a cost nos to exceed $125,000. The contracts to be made subject to the Act of August 3, 1886. One of these vessels to be built on or near the Pacific Ocean or the waters connecting therewith, one of them on or near the Gulf of Mexico or the waters connecting therewith, and two of them on or near the Atlantic Ocean or the waters connecting therewith, unless it be found as to the Pacific and the Gulf vessels that they cannot be contracted at a fair cost, and then they may be built elsewhere in the United States. And if the Secretary of the Navy shall be unable to contract at reasonable prices for the construction of any of said vessels, then he may build such vessel or vessels in such navy-yards as he may desig

nate.

Other appropriations were made: $2,500,000 for the armament and armor of domestic manufacture for vessels previously authorized; $5,475,000 toward the construction and completion of the vessels heretofore and herein authorized, and $145,000 for a gun plant at the Washington City Navy Yard. Total for increase of the Navy, $8,120,000.

A

The House being in Committee of the Whole, the provision for three coast-line battle ships was struck out by a vote of 98 to 70. In the House this was non-concurred in. Twenty-three Republicans, 1 Wheeler' and eighty-one Democrats voted to concur in this; and 103 Republicans and 28 Democrats voted to not concur in it. motion to substitute one coast-line battle ship instead of three was lost-yeas, 98 (Republicans 15, Democrats 83); nays, 129 (Republicans 105, Democrats 24). In the Senate, on the same proposition for one instead of three, the yeas were 18 (Republicans 7, Democrats 11), nays 33 (Republicans 24, Democrats 9). The Senate added the torpedo cruiser and torpedo boat, and the House agreed in adopting the report of the Committee of Conference.

OTHER LEGISLATION TOUCHING THE NAVY, ARMY AND MARINE CORPS. One act provides that whenever satisfactory proof is furnished at the Navy Depart ment any commissioned officer, regular or volunteer, appointed or enlisted man who served in the Navy or the 'Marine Corps of the United States in the War of 1812, the Mexican War, or the War of the Rebellion, has lost his certificate of discharge, or the same has been destroyed without his privity or procurement, the Secretary of the Navy shall be authorized to furnish such commissioned officer, regular or volunteer, appointed or enlisted man, a certificate of discharge in lieu thereof. Provided, That such certificate shall not be accepted as a voucher for the payment of any claim against the United States for pay, bounty, or any other allowance, or as evidence in any other case. Another act provides that the Secretary of War and the Secretary of the Navy be, and they are hereby, authorized and required to issue certificates of discharge or orders

of acceptance of resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the Army and Nayy during the War of the Rebellion, and were honorably discharged. therefrom. Applications for said certificates of discharge or amended orders of resignation may be made by or on behalf of persons entitled to them; but no such certificate or order shall be issued where a name was assumed to cover a crime or to avoid its consequence.

NEW STATES-ADMISSION OF.

IDAHO.

This act admits Idaho as a State, accepting, ratifying and confirming the constitution formed for themselves, and adopted at an election in Novemeber, 1889.

That until the next general census, or until otherwise provided by law, said State shall be entitled to one Representative in the House of Representatives of the United States and the election of the Representative to the List Congress and the Representative to the LIId Congress shall take place at the time and be conducted and certified in the same manner as is provided in the constitution of the State for the election of State, district, and other officers in the first instance. The law of the Territory of Idaho for the registration of voters shall apply to the first election of State, district and other officers, held after the admission of the State of Idaho. County and precinct officers elected at the first election held after the admission of the State of Idaho shall assume the duties of their respective oflices on the second Monday of January, eighteen hundred and ninety-one.

There was opposition in the House. The minority of the Committee on Territories reported three amendments to the bill.

The constitution, as submitted and approved, provided for universal male suffrage of persons of twenty-one years and over, except that "until otherwise provided by the Legislature, women who have the qualifications prescribed in this article, may continue to hold such school offices and vote at such school elections as provided by the laws of Idaho Territory."

Section 3 of the constitution also provided that no person is permitted to vote, serve as a juror, or hold any civil office, who is a bigamist or polygamist, or is living in what is known as patriarchal, plural, or celestial marriage, or in violation of any law of this State or of the United States forbidding any such crime; or who, in any manner, teaches, advises, counsels, aids, or encourages any person to enter into bigamy, polyg amy, or such patriarchal, plural, or celestial marriage, or to live in violation of any such law, or to commit any such crime; or who is a member of or contributes to the support, aid, or encouragement of any order, organization, association, corporation, or Society, which teaches, advises, counsels, encourages, or aids any person to enter into bigamy, polygamy, or such patriarchal or plural marriage, or which teaches or advises, that the laws of this State prescribing rules of civil conduct are not the supreme law of the State; nor shall Chinese or persons of Mongolian descent, not born in the United States, nor Indians not taxed, who have not severed their tribal relations and adopted the habits of civilization, either vote, serve as jurors, or hold any civil office. The minority of the committee proposed to set aside this constitution, and to require a new convention, a new constitution, and a new adoption by the people; and to make this provision concerning Mormons:

"Provided, That any elector in said Territory who may offer to register as a voter or to vote at either of said elections shall be challenged on the ground that he is a biga. mist or polygamist, or is living in what is known as patriarchal, plural, or celestial marriage, or in violation of any law of Idaho, or of the United States, forbidding any such crime; or who in any manner teaches, advises, counsels, aids, or encourages any person to enter into ligamy, polygamy, or such patriarchal, plural, or celestial marrlage, or to live in violation of any such law, or to commit any such crime, or who is a member of or contributes to the support, aid or encouragement of any order, organization, association, corporation, or society which teaches, advises, counsels, encourages or aids any person to enter into bigamy, polygamy or such patriarchal or plural marriage, or which teaches or advises that the laws of Idaho prescribing rules of civil conduct are not the supreme law of the Territory, it shall be the duty of one of the judges of the registration or of the election, where such elector is challenged, to tender him the oath prescribed in section 24 of the act of Congress approved March 3, 1877. known as the anti-polygamy act, with such modification only as is necessary in order to comply with the laws of the Territory of Idaho in respect to his residence therein; and if such elector shall take and subscribe said oath so modified, his vote shall be received and counted at such elections. But if said elector shall swear falsely in taking such oath, he shall, on conviction, be deemed guilty of perjury, and he shall be punished accordingly."

This amendment was rejected in April, 1890-yeas, 111;nays; 125. The affirmative vote was exclusively Democratic. The negative vote was 124 Republicans, 1 "Wheel

cr."

The second amendment of the minority required the submission of the new constitu tion to popular vote, and stipulated that no person otherwise qualified shall be denied the right to vote at said election because of alleged crime for which the punishment embraces disfranchisement as a part of the penalty therefor, except where he has been duly convicted thereof by a court of competent jurisdiction. This was rejected-yeas, 104 nays. 121. The affirmative vote was exclusively Democratic. The negative was 118 Republicans, 1 "Wheeler," 2 Democrats.