페이지 이미지
PDF
ePub

original package of intoxicating liquor, in bottles, | Miles, Morey, Morrill, Morrow, E. A. Morse, shall be a case containing not less than one dozen O'Donnell, O'Neil of Mass., O'Neill of Pa., quart bottles; and an original package of liquor, Payson, Perkins, Peters, Pickler, Pugsley, not in bottles, shall contain not less than five gal- Quackenbush, Raines, Ray, Rife, Robertson, lons: Provided, however, That an original pack- Rockwell, Rowell, Russell of Conn., Sayers, age of liquor, imported from any foreign nation, Smith of Ill., Spooner, Stephenson of Mich., shall contain the quantity required by the laws Stewart of Tex., Stewart of Vt., Stivers, Struble, relating to duties upon imports. Stump, Sweney, Taylor of Ill., Taylor of Tenn., E. B. Taylor, J. D. Taylor, Thompson of Ohio, Townsend of Colo., Townsend of Pa., Turner of Kans., Vandever, Waddill, Walker of Mass., Wallace of N. Y., Wilson of Ky., Wilson of Wash., Wright—97.

"SEC. 3. It shall not be lawful to sell within any State or Territory any intoxicating liquor imported into such State or Territory, except in the original package in which the same has been imported, and subject to the reasonable police regulations of such State or Territory regulating the sale of such liquor as a beverage."

Mr. HAYES of Iowa moved to amend the substitute reported by the Committe on the Judiciary, so as to make it read as follows:

"That whenever any article of commerce is imported into any State from any other State, Territory, or foreign nation, and there held or offered for sale, the same shall then be subject to the laws of such State hereafter passed."

Which was rejected, without a division. Mr. ADAMS' substitute was rejected-ayes 33, noes 115.

The substitute reported by Mr. REED of Iowa for the SENATE proposition, was then agreed to yeas 113, nays 97, (not voting 117):

ner,

Mr. GROSVENOR, who had changed his vote from nay to aye, moved to reconsider this vote. Mr. FRANK moved to lay that motion on the table; which was agreed to-yeas 118, nays 95, (not voting 114):

YEAS-Messrs. Adams, Anderson of Miss., Baker of N. Y., Bartine, Barwig, Bayne, Boatner, Breckinridge of Ark., Breckinridge of Ky., Brickner, Brookshire, J. B. Brown, Buchanan of Va., Bullock, Burton, Bynum, Caldwell, Candler of Ga., Carlton, Carter, Caruth, Caswell, Cheadle, Clunie, Comstock, Connell, Cooper of Ind., Cothran, Crisp, Cummings, Davidson of Fla., Dibble, Dickerson, Dockery, Dunnell, Dunphy, Edmunds, Ellis, Enloe, Farquhar, Flood, Ferman, Forney, Fowler, Frank, Gest, Goodnight, Haugen, Hayes, Haynes, Hemphill, Hermann, Holman, Kerr of Iowa, Kinsey, La Follette, Lane, Lawler, Laws, Lehlbach, Lester of Ga., Lester of Va., Lewis, Maish, Martin of Ind., McAdoo, McCarthy, McClellan, McCord, McCormick, McCreary, McMillin, McRae, Moore of N. H., Mutchler, Oates, O'Ferrall, O'Neall of Ind., Outhwaite, Osborne, Owen of Ind., Owens of Ohio, Parrett, Payne, Paynter, Peel, Penington, Price, Quinn, Reed of Iowa, Reilly, Richardson, Robertson, Scranton, Scull, Shively, Simonds, Skinner, Snider of Minn., Stewart of Vt., Stivers, Stockbridge, Stone of Ky., Thomas of Wis., Tracey, Turner of N. Y., Van Schaick, Vaux, Washington, Wheeler of Ala., Whitthorne, Wike, Wiley, Willcox, Williams of Ill., Wilson of W. Va., Yardley, Yoder-118.

YEAS-Messrs. Adams, Anderson of Miss., Baker of N. Y., Bartine, Barwig, Bayne, Bliss of Mich., Boatner, Breckinridge of Ky., BrickBrookshire, F. B. Brown, Buchanan of Va., Bullock, Burton, Bynum, Caldwell, Candler of Ga., Carlton, Caruth, Caswell, Cheadle, Clunie, Comstock, Cooper of Ind., Cothran, Crisp, Cummings, Davidson of Fla., Dibble, Dickerson, Dockery, Dunnell, Dunphy, Edmunds, Ellis, Farquhar, Flood, Forman, Forney, Fowler, Frank, Gest, Goodnight, Grosvenor, Haugen, Hayes, Haynes, Hemphill, Hermann, Holman, Kinsey, La Follette, Laidlaw, Lane, Lawler, Laws, Lehlbach, Lester of Ga., Lester of Va., Lewis, Maish, Martin of Ind., McAdoo, McCarthy, McClellan, McCord, McCormick, McCreary, McMillin, McRae, Moore of N. H., Mutchler, Oates, O'Ferrall, O'Neall of Ind., Osborne, Outhwaite, Owen of Ind., Owens of NAYS-Messrs. Abbott, Allen of Mich., AnOhio, Parrett, Payne, Paynter, Peel, Penington, derson of Kans., Atkinson of Pa., Banks, Price, Quinn, Reed of Iowa, Reilly, Richard- Belknap, Bergen, Boutelle, Brewer, Brosius, son, Sawyer, Scranton, Scull, Shively, Simonds, Buchanan of N. J., Candler of Mass., Cannon, Skinner, Snider of Minn., Stockbridge, Stone Catchings, Chipman, Cogswell, Coleman, Conof Ky., Thomas of Wis., Tracey, Turner of ger, Cooper of Ohio, Craig, Crain, Culberson N. Y., Van Schaick, Vaux, Wheeler of Ala., of Tex., Culbertson of Pa., Cutcheon, Dalzell, Whitthorne, Wike, Wiley, Willcox, Williams Darlington, Dolliver, Elliott, Evans, Ewart, of Ill., Wilson of W. Va., Yardley, Yoder-113. FEATHERSTON, Finley, Fithian, Flick, Funston, NAYS-Messrs. Abbott, Allen of Mich., At-Gear, Gifford, Greenhalge, Grosvenor, Henderkinson of Pa., Banks, Belknap, Bergen, Breckinridge of Ark., Brewer, Brosius, Buchanan of N. J., Candler of Mass., Cannon, Carter, Catchings, Chipman, Cogswell, Coleman, Conger, Cooper of Ohio, Craig, Crain, Culberson of Tex., Culbertson of Pa., Cutcheon, Dalzell, Darlington, Dolliver, Elliott, Evans, FEATHERSTON, Finley, Fithian, Flick, Funston, Gear, Gifford, Greenhalge, Henderson of Iowa, Hill, Hitt, Hopkins of Ill., Houk, Kelley of Kans., Kennedy, Kerr of Iowa, Lacey, Lanham, Martin of Tex., Mason, McDuffie, McKenna,

son of Iowa, Hill, Hitt, Hopkins of Ill., Houk,
Kelley of Kans., Kennedy, Lacey, Laidlaw,
Lanham, Martin of Tex., Mason, McDuffie,
McKenna, Miles, Morey, Morrill, Morrow,
E. A. Morse, O'Donnell, O'Neil of Mass.,
O'Neill of Pa., Payson, Perkins, Peters, Pickler,
Pugsley, Quackenbush, Raines, Ray, Rife,
Rockwell, Rowell, Russell of Conn., Sayers,
Spooner, Stephenson of Mich., Stewart of Tex.,
Struble, Stump, Sweney, E. B. Taylor, Taylor
of Ill., J. D. Taylor, Taylor of Tenn., Thomp-
son of Ohio, Townsend of Colo., Townsend of

cede from its amendment. [The effect of this is to pass the Senate bill without change.]

Pa., Turner of Kans., Vandever, Waddill, | an agreement recommending that the House re-
Walker of Mass., Wallace of N. Y., Wilson of
Ky., Wilson of Wash., Wright-95.
The bill as amended was then passed-yeas
176, nays 38, (not voting 113):

The previous question was ordered-yeas 103, nays 96, and after forty minutes of debate, the report of the Conference was agreed to-yeas 119, nays 93, (not voting 115):

YEAS-Messrs. Allen of Mich., Anderson of Kans., Arnold, Atkinson of Pa., Baker of N. Y., Banks, Bartine, Belden, Belknap, Bergen, Bingham, Boothman, Boutelle, Brewer, Brosius, Browne of Va., Buchanan of N. J., Burrows, Cheatham, Cogswell, Comstock, Conger, Connell, Cooper of Ohio, Craig, Crisp, Culbertson of Pa., Dalzell, Darlington, Dingley, Dolliver, Dorsey, Dunnell, Evans, Ewart, FEATHERSTON, Fithian, Flick, Flood, Funston, Gear, Gest, Gifford, Greenhalge, Grosvenor, Haugen, Henderson of Iowa, Herbert, Hill, Hitt, Hopkins of Ill., Kelley of Kans., Kennedy, Kerr of Iowa, Knapp, Lacey, La Follette, Laidlaw, Laws, Lewis, Lodge, Mason, McComas, McDuffie, McKenna, Miles, Milliken, Moffitt, Moore of N. H., Morey, Morrill, Morrow, E. A. Morse, O'Donnell, O'Neill of Pa., Osborne, Owen of Ind., Payne, Payson, Perkins, Peters, Pickler, Post, Pugsley, Raines, Ray, Reed of Iowa, Reyburn, Rockwell, Rowell, Sawyer, Scull, Sherman, Smith of Ill., Smith of W. Va., Snider of Minn., Spooner, Stephenson of Mich., Stivers, Struble, Sweney, E. B. Taylor, Thomas of Wis., Thompson of Ohio, Townsend of Colo., Townsend of Pa., Turner of Kans., Vandever, Waddill, Wallace of N. Y., Watson, Williams of Ohio, Wilson of Ky., Wilson of Wash., Wright -119.

YEAS-Messrs. Allen of Mich., Anderson of Kans., Anderson of Miss., Atkinson of Pa., Baker of N. Y., Banks, Bartine, Barwig, Bayne, Belknap, Bergen, Bliss of Mich., Boatner, Boutelle, Brewer, Brickner, Brookshire, Brosius, 7. B. Brown, Buchanan of N. J., Buchanan of Va., Bullock, Burton, Bynum, Caldwell, Candler of Ga., Candler of Mass., Cannon, Candler of Mass., Cannon, Carter, Cheadle, Carlton, Caswell, Catchings, Cheadle, Cogswell, | Coleman, Comstock, Conger, Connell, Cooper of Ind., Cooper of Ohio, Cothran, Craig, Crisp, Culbertson of Pa., Cutcheon, Dalzell, Darling. ton, Davidson of Fla., Dibble, Dickerson, Dockery, Dolliver, Dunnell, Edmunds, Ellis, Enloe, Evans, Ewart, Farquhar, FEATHERSTON, Finley, Fithian, Flick, Flood, Forney, Funston, Gear, Gest, Gifford, Goodnight, Greenhalge, Grosvenor, Haugen, Haynes, Henderson of Iowa, Hermann, Hill, Hitt, Holman, Hopkins of Ill., Houk, Kelley of Kans., Kennedy, Kerr of Iowa, Kinsey, Lacey, La Follette, Laidlaw, Lane, Laws, Lester of Ga., Lester of Va., Lewis, Maish, Martin of Ind., McClellan, McCord, McCormick, McCreary, McDuffie, McKenna, McMillin, McRae, Miles, Moore of N. H., Morey, Morrill, Morrow, E. A. Morse, Oates, O'Donnell, O' Ferrall, O'Neall of Ind., O'Neill of Pa., Os borne, Owen of Ind., Owens of Ohio, Parrett, Payne, Paynter, Payson, Peel, Penington, Perkins, Peters, Pickler, Price, Pugsley, Quackenbush, Raines, Ray, Reed of Iowa, Reilly, Rife, Robertson, Rockwell, Rowell, Russell of Conn., Sawyer, Scranton, Scull, Shively, Simonds, Skinner, Smyser, Snider of Minn., Spooner, Stephenson of Mich., Stewart of Vt., Stivers, Stockbridge, Stone of Ky., Struble, Stump, Sweney, E. B. Taylor, J. D. Taylor, Taylor of Tenn., Thomas of Wis., Thompson of Ohio, Townsend of Colo., Townsend of Pa., Tracey, Turner of Kans., Waddill, Walker of Mass., Wallace of N. Y., Washington, Wheeler of Ala., Willcox, Williams of Ill., Wilson of Ky., Wilson of Wash., Wilson of W. Va., Wright, Yardley, Yoder—176.

NAYS-Messrs. Abbott, Adams, Breckinridge of Ark., Breckinridge of Ky., Carter, Caruth, Chipman, Clunie, Crain, Culberson of Tex., Cummings, Dunphy, Elliott, Forman, Fowler, Frank, Hayes, Lanham, Lawler, Lehlbach, Martin of Tex., Mason, McAdoo, McCarthy, Mutchler, O'Neil of Mass., Outhwaite, Quinn, Richardson, Sayers, Stewart of Tex., Taylor of Ill., Turner of N. Y., Van Schaick, Vaux, Whitthorne, Wike, Wiley-38.

August 6-A Committee of Conference, Senators Wilson of Iowa, Edmunds, and George, and Representatives Reed of Iowa, Thompson and Oates, (Mr. Oates not concurring,) reported

NAYS-Messrs. Abbott, Adams, Barwig, Bayne, Beckwith, Breckinridge of Ark., Breckinridge of Ky., Brickner, Brookshire, J. B. Brown, Brunner, Bunn, Burton, Bynum, F. Campbell, Caruth, Caswell, Catchings, Chipman, Clunie, Cooper of Ind., Crain, Culberson of Tex., Cummings, Davidson of Fla., Elliott, Ellis, Flower, Forman, Forney, Fowler, Frank, Geissenhainer, Gibson, Goodnight, Grimes, Hatch, Hayes, Haynes, Heard, Holman, Kinsey, Lane, Lanham, Lawler, Lehlbach, Lester of Va., Maish, Mansur, Martin of Ind., Martin of Tex., McAdoo, McClammy, McClellan, McCord, McCormick, McMillin, McRae, Montgomery, Morgan, Mutchler, Oates, O'Ferrall, O'Neil of Mass., Outhwaite, Owens of Ohio, Parrett, Paynter, Peel, Penington, Reilly, Richardson, Rogers, Rowland, Sayers, Skinner, Springer, Stewart of Tex., Stockbridge, Stone of Ky., Stump, Tillman, Tracey, Tucker, Turner of Ga., Turner of N. Y., Van Schaick, Vaux, Wheeler of Ala., Whitthorne, Williams of Ill., Wilson of W. Va., Yoder-93.

As the HOUSE receded, no further action by the SENATE was necessary. Approved August 8, 1890.

XLIII.

THE BANKRUPTCY BILL.

[For previous votes, see McPherson's HAND- | Mass., Willcox, Wilson of Wash., Wilson of BOOK OF POLITICS FOR 1886, p. 57; HAND W. Va., Wright, Yardley-138. BOOK OF POLITICS FOR 1884, p. 188; HANDBook OF POLITICS FOR 1878, p. 192; HAND-ROOK OF POLITICS FOR 1876, pp. 171, 172.]

IN HOUSE OF REPRESENTATIVES— -FIFTY-FIRST
CONGRESS, FIRST SESSION.

1890, July 24-Pending H. R. bill 3316, reported by Mr. E. B. TAYLOR from the Committee on the Judiciary—

On agreeing to an amendment, proposed by the Committee, to insert in Sec. 16, the italicized words in this clause:

"When an act of bankruptcy consists in a fraudulent conveyance, gift, or transfer of all, or any part, of the person's assets, or in having suffered any property to be taken or levied upon by process of law or otherwise, or in having permitted the creation of any lien on any property for the purpose of giving a preference, or in having failed for thirty days to secure the release of any property levied upon by attachment or execution, the six months within which proceedings may be commenced shall date from the date of the recording, registering, or docketing the conveyance," etc.

The yeas were 138, nays 67, (not voting 122):

NAYS-Messrs. Abbott, Barwig, Breckinridge of Ark., Breckinridge of Ky., Brickner, Brookshire, J. B. Brown, Buchanan of Va., Bullock, Bynum, Carlton, Caruth, Chipman, Clancy, Cooper of Ind., Crain, Davidson of Fla., Dockery, Dolliver, Edmunds, Elliott, Ellis, Fithian, Forman, Forney, Fowler, Goodnight, Haynes, Hemphill, Holman, Kelley of Kan., Kerr of Pa., Lane, Lanham, Laws, Lee, Lester of Va., Lewis, Martin of Ind., Martin of Tex., McClellan, McCreary, McMillin, McRae, Owens of Ohio, Parrett, Paynter, Peel, Pening. ton, Reilly, Richardson, Rogers, Sayers, Shively, Stewart of Tex., Stone of Ky., Struble, Stump, Sweney, Vaux, Washington, Wheeler of Ala., Whitthorne, Wike, Williams of Ill., Wilson of Ky., Yoder—67.

An amendment to insert the same words in Sec. 43 was agreed to-yeas 123, nays 64, (not voting 140); and in Sec. 63, by a vote of yeas 113, nays 53, (not voting 162).

Pending this subdivision of Sec. 20:

A motion to make the last clause of it read: "In such sum as shall have been fixed by the creditors at the meeting hereinafter provided for, and with lawful sureties to be approved by the court."

Was rejected-yeas 65, nays 111, (not voting 151):

"Trustees shall, before entering upon the performance of their official duties, and within ten days after their appointment, or within such further time as the court may order or permit, qualify by entering into bond to the United States, in such sum and with such sureties as YEAS-Messrs. Adams, Allen of Mich., An- shall be fixed and approved by the court, conderson of Miss., Andrew, Atkinson of Pa., At-ditioned for the faithful performance of their kinson of W. Va., Baker of N. Y., Banks, Bar-official duties." tine, Bayne, Belknap, Bergen, Bingham, Bliss of Mich., Boatner, Brewer, Brosius, Buchanan of N. J., Burrows, Burton, Caldwell, Candler of Mass., Catchings, Cheadle, Cheatham, Cogswell, Coleman, Conger, Connell, Craig, Culberson of Tex., Culbertson of Pa., Cummings, Cutcheon, Dalzell, Dibble, Dorsey, Dunnell, Dunphy, Evans, Ewart, Farquhar, Finley, Flick, Flood, YEAS-Messrs. Abbott, Anderson of Miss., Frank, Funston, Gear, Gifford, Greenhalge, Barwig, Boatner, Breckinridge of Ky., BrickGrosvenor, Harmer, Haugen, Hayes, Hender-ner, Brookshire, F. B. Browne, Buchanan of son of Iowa, Hermann, Hill, Hitt, Hopkins of Va., Buckalew, Bullock, Bynum, Candler of Ill., Kennedy, Kerr of Iowa, Ketcham, Kinsey, Mass., Caruth, Catchings, Cheadle, Chipman, Knapp, Lacey, La Follette, Laidlaw, Lawler, Coleman, Conger, Cooper of Ind., Culberson Lehlbach, Lodge, McAdoo, McCarthy, Mc of Tex., Davidson of Fla., Dockery, Dunphy, Duffie, McKenna, Miles, Milliken, Moffitt, Edmunds, Elliott, Fithian, Forman, Forney, Moore of N. H., Morey, Morrill, Morrow, E. A. Fowler, Gibson, Goodnight, Holman, Kelley of Morse, Mudd, Oates, O'Ferrall, O'Neil of Kans., Kerr of Pa., La Follette, Lane, LanMass., O'Neill of Pa., Osborne, Outhwaite, ham, Lehlbach, Lester of Ga., Lewis, Martin Owen of Ind., Payne, Payson, Perkins, Peters, of Ind., Martin of Tex., McClellan, McCord, Pickler, Post, Price, Quackenbush, Quinn, McMillin, McRae, Oates, O'Ferrall, OuthRaines, Ray, Reed of Iowa, Reyburn, Rife, waite, Owen of Ind., Parrett, Peel, Price, Rockwell, Rusk, Russell of Conn., Sanford, Reilly, Richardson, Sayers, Stone of Ky., Sawyer, Scranton, Scull, Simonds, Skinner, Stump, Tillman, Wheeler of Ala., Whiting of Smith of Ill., Smyser, Snider of Minn., Spooner, Mich., Whitthorne, Wike, Wilson of W. Va. Stivers, Stockbridge, Taylor of Ill., E. B. Tay--65. lor, J. D. Taylor, Thomas of Wis., Thompson NAYS Messrs. Adams, Allen of Mich., of Ohio, Townsend of Colo., Townsend of Pa., Andrew, Arnold, Atkinson of W. Va., Baker of Tracey, Turner of Kans., Turner of N. Y., N. Y., Banks, Bartine, Belknap, Bergen, Bliss Vandever, Van Schaick, Waddill, Walker of of Mich., Brewer, Brosius, Buchanan of N. J.,

[ocr errors]

Cummings, Dorsey, Dunphy, Evans, Ewart,
Farquhar, Flick, Flood, Frank, Gear, Gifford,
Greenhalge, Grosvenor, Harmer, Haugen,
Hayes, Henderson of Iowa, Hitt, Kerr of Iowa,
Ketcham, Kinsey, Knapp, Lodge, Magner,
Miles, Moffitt, Moore of N. H., Morrill, Morrow,
E. A. Morse, Mudd, O'Neill of Pa., Osborne,
Owen of Ind., Payne, Peters, Pickler, Quacken-
bush, Raines, Randall of Mass., Reed of Iowa,
Reyburn, Rockwell, Rusk, Russell of Conn.,
Sawyer, Scull, Simonds, Snider of Minn.,
Spooner, Stivers, Stockbridge, Sweney, Thomas
of Wis., Thompson of Ohio, Townsend of Colo.,
Townsend of Pa., Tracey, Turner of N. Y.,
Vandever, Van Schaick, Walker of Mass.,
Yardley-82.

Burrows, Burton, Cannon, Carter, Cheatham, | Brewer, Brosius, Buchanan of N. J., Burrows,
Clancy, Cogswell, Comstock, Connell, Culbert- Burton, Candler of Mass., Carter, Cheatham,
son of Pa., Cummings, Cutcheon, Dalzell, Clancy, Cogswell, Coleman, Conger, Craig,
Dorsey, Dunnell, Evans, Farquhar, Flick,
Flood, Frank, Gear, Gifford, Greenhalge,
Grosvenor, Harmer, Haugen, Hayes, Haynes,
Hemphill, Hill, Hitt, Kerr of Iowa, Ketcham,
Kinsey, Knapp, Lacey, Lawler, Laws, Lester
of Va., Lodge, Magner, McCarthy, McDuffie,
McKenna, Miles, Moffitt, Moore of N. H.,
Morey, Morrill, Morrow, E. A. Morse, O'Neill
of Pa., Owens of Ohio, Payne, Paynter, Per-
kins, Peters, Pickler, Raines, Randall of Mass.,
Reed of Iowa, Reyburn, Rockwell, Russell of
Conn., Sanford, Sawyer, Scranton, Scull,
Shively, Simonds, Skinner, Snider of Minn.,
Spooner, Stewart of Tex., Stivers, Stockbridge,
Struble, Sweney, E. B. Taylor, Taylor of Ill.,
J. D. Taylor, Thomas of Wis., Thompson of
Ohio, Townsend of Colo., Townsend of Pa.,
Tracey, Turner of Kans., Vandever, Van
Schaick, Vaux, Waddill, Walker of Mass.,
Washington, Williams of Ill., Wilson of
Wash., Yardley, Yoder-111.

Pending this part of Section 42:

66

Pending clause II of same section as follows: Suspended, and not resumed, payment of his commercial paper for fifteen days."

Mr. HAYES moved to amend by adding the words "being a manufacturer or merchant;" which was rejected-yeas 80, nays 100, (not voting 147):

"ACTS OF BANKRUPTCY.-Any person shall be adjudged a bankrupt, if he has, within six months prior to the filing of a petition in bank-wig, ruptcy, against him (1) concealed himself to avoid arrest under, or the service of civil process; (2) concealed, secreted, or removed his property, to avoid its being levied upon under legal process against him; (3) departed, or remained away, from his residence or place of business, with intent to defraud or delay his creditors; (4) failed for thirty days, or until the return day of the process, to secure the release of any property levied upon by attachment or execution."

[ocr errors]

Mr. BUCHANAN of Va., moved to strike out the clause marked (4); which was agreed toyeas 102, nays 82, (not voting 143): YEAS Messrs. Abbott, Adams, Allen of Mich., Anderson of Miss., Barwig, Bergen, Bliss of Mich., Boatner, Breckinridge of Ky., Brickner, Brookshire, J. B. Brown, Buchanan of Va., Buckalew, Bullock, Bynum, Caldwell, Cannon, Caruth, Catchings, Cheadle, Chipman, Connell, Cooper of Ind., Crain, Culberson of Tex., Culbertson of Pa., Dalzell, Dibble, Dockery, Edmunds, Elliott, Ellis, Fithian, Forman, Forney, Fowler, Funston, Goodnight, Haynes, Hemphill, Hill, Holman, Kelley of Kan., Kerr of Pa., Lacey, La Follette, Lane, Lanham, Lawler, Laws, Lehlbach, Lester of Ga., Lester of Va., Lewis, Martin of Ind., Martin of Tex., McAdoo, McCarthy, McClellan, McCreary, McDuffie, McMillin, McRae, Milliken, Morey, Oates, O'Ferrall, Outhwaite, Owens of Ohio, Parrett, Paynter, Payson, Peel, Penington, Perkins, Price, Reilly, Richardson, Rogers, Sayers, Shively, Skinner, Stewart of Tex., Stone of Ky., Struble, Taylor of Ill., J. D. Taylor, Tillman, Turner of Kans., Vaux, Waddill, Washington, Whiting of Mich., Wike, Wiley, Willcox, Williams of Ill., Wilson of Ky., Wilson of Wash., Wilson of W. Va., Yoder-102.

NAYS-Messrs. Andrew, Arnold, Atkinson of W. Va., Baker of N. Y., Bartine, Belknap,

YEAS-Messrs. Abbott, Allen of Mich., BarBoatner, Breckinridge of Ky., Brickner, Brookshire, Buchanan of Va., Buckalew, Bullock, Bynum, Caruth, Catchings, Chipman, Clancy, Cooper of Ind., Culberson_of Tex., Davidson of Fla., Dockery, Dunnell, Edmunds, Elliott, Ellis, Fithian, Flood, Forney, Fowler, Gibson, Goodnight, Hayes, Haynes, Hemphill. Holman. Kerr of Pa., Lacey, Lane, Lanham, Laws, Lehlbach, Lester of Ga., Lester of Va., Lewis, Magner, Martin of Ind., Martin_of Tex., McCarthy, McClellan, McCreary, McMillin, McRae, O'Ferrall, Outhwaite, Owens of Ohio, Parrett, Paynter, Peel, Penington, Price, Quinn, Reilly, Richardson, Rogers, Rusk, Sayers, Shively, Skinner, Stewart of Tex., Stockbridge, Stone of Ky.. Struble, Stump, Tillman, Vaux, Waddill, Washington, Wheeler of Ala., Wike, Willcox, Williams of Ill., Wilson of Ky.-80.

NAYS-Messrs. Adams, Arnold, Atkinson of Pa., Atkinson of W. Va., Baker of N. Y., Banks, Belknap, Bergen, Bingham, Brewer, 7. B. Brown, Buchanan of N. J., Burrows, Burton, Caldwell, Candler of Mass., Cannon, Carter, Cheadle, Cheatham, Cogswell, Coleman, Conger, Connell, Craig, Crain, Culbertson of Pa., Cummings, Cutcheon, Dalzell, Dolliver, Dorsey, Dunphy, Ewart, Farquhar, Flick, Forman, Frank, Gear, Gifford, Greenhalge, Grosvenor, Harmer, Haugen, Henderson of Iowa, Hill, Hitt, Kelley of Kans., Kerr of Iowa, Ketcham, Kinsey, Knapp, La Follette, Lodge, McDuffie, McKenna, Miles, Moffitt, Moore of N. H., Morrill, E. A. Morse, Oates, O'Neill of Pa., Osborne, Payne, Perkins, Peters, Pickler, Quackenbush, Raines, Reed of Iowa, Reyburn, Rife, Rockwell, Russell of Conn., Sanford, Sawyer, Scranton, Scull, Simonds, Snider of Minn., Spooner, Stivers, Sweney, E. B. Taylor, Taylor of Ill., J. D. Taylor, Thomas of Wis., Thompson of Ohio, Townsend of Colo., Townsend of Pa., Tracey, Turner of Kans., Turner

of N. Y., Vandever, Van Schaick, Walker of Mass., Wilson of Wash., Wilson of W. Va., Yardley-100.

Mr. CULBERSON of Texas moved the following as a substitute for the bill:

"That if any debtor owing $200 or more shall make an assignment of his property, valid by the laws of the State, Territory, or District of Columbia, in which he may reside or be domiciled, or if he having property in any other jurisdiction, then as to such property, valid according to the laws thereof, and also in accordance with the requirements of this act, it shall have the effect hereinafter provided for.

"SEC. 2.

That such assignment shall be to a trustee named therein, and shall convey all the estate of the debtor except such as is exempt by the law of his domicile from execution and liability for his debts, and shall be for the equal benefit of all his creditors, except such as are hereinafter prohibited or may be with preference hereinafter allowed. It shall contain a list of the names and residences of all his creditors and a schedule of his property exempt and unexempt from execution, and the amount due to each | creditor. It shall also contain a statement of the liens or other incumbrances upon his property, all of which shall be verified by the oath of the debtor to be correct.

[ocr errors]

"SEC. 3. That such assignment shall not contain any provision for the benefit of a creditor whose debt arose from, or is based upon, in whole or in part, any dealings in futures,' or in goods, commodities, or products embraced by any 'trust.' Such assignments may contain all or any of the following preferences, namely: Debts due the United States, or any State in which any of the property of the debtor is situated, or to the servants or laborers of the debtor. The assignment shall be recorded in full in the office or offices wherein mortgages of said property are, by law, recordable. The fees of the trustee shall not exceed those allowed by law to administrators of the estates of deceased persons in the State of the debtor's residence.

"SEC. 4. That any such debtor, after the expiration of six months from the date of the execution of the deed of assignment and the acceptance of the trust by the trustee, may file his petition in the district court of the United States for the district in which he resides, or if he be a resident of the District of Columbia, then in the Supreme Court of said District; or if he be a resident of a Territory, then in the district court of such Territory of the district in which he resides, asking for a discharge from his said debts, as well as those prohibited herein. The petition shall contain a true copy of the deed of assignment, and shall be verified by the oath of the petitioner.

"SEC. 5. That the creditors of the debtor shall be made parties defendant and shall have thirty days' notice of the filing of the same, notice to be given as in suits in the circuit courts of the United States, and shall have thirty days thereafter in which to answer said petition. Upon hearing of the petition, if the court is satisfied that the debtor did make an assignment as authorized by this act, and that the same con

tained a true and correct list of the names and residences of his creditors, and a full and complete conveyance of all his unexempt property, and that for one year prior to the execution of such assignment no creditor of such debtor had been preferred in any manner, except as authorized by this act, and that no unresisted attachment within that period had been levied upon the property of the debtor, and during said time no other act was done, or suffered to be done, by such debtor, respecting his business or estate, to prevent an equal distribution of his estate among his creditors, or to give to one creditor an advantage over another, shall order and adjudge that such debtor be forever discharged from the payment of the debts mentioned and set forth in the petition, as well as those excluded by the provisions of this act, and such order and adjudication shall be a full, complete, and final discharge of such debtor from the payment of said debts."

Which was rejected-yeas 74, nays 125, (not voting 128):

YEAS-Messrs. Abbott, Barwig, Boatner, Breckinridge of Ky., Brickner, Brookshire, J. B. Brown, Buchanan of Va., Buckalew, Bullock, Bynum, Cannon, Caruth, Cooper of Ind., Crain, Culberson of Tex., Davidson of Fla., Dibble, Dockery, Edmunds, Ellis, Fithian, Forman, Forney, Fowler, Gibson, Goodnight, Haynes, Hemphill, Hill, Holman, Kerr of Pa., Lacey, Lane, Lanham, Lester of Ga., Lester of Va., Lewis, Martin of Ind., Martin of Tex., McClellan, McCord, McCreary, McMillin, McRae, O'Ferrall, Owens of Ohio, Parrett, Paynter, Peel, Penington, Price, Quinn, Reilly, Richardson, Rogers, Rusk, Sayers, Shively, Skinner, Stewart of Tex., Stone of Ky., Stump, Thomas of Wis., Tillman, Vaux, Washington, Wheeler of Ala., Whiting of Mich., Whitthorne, Wike, Williams of Ill., Wilson of Ky., Yoder-74.

NAYS-Messrs. Adams, Allen of Mich., Andrew, Arnold, Atkinson of W. Va., Baker of N. Y., Banks, Bartine, Belknap, Bergen, Bingham, Bliss of Mich., Brewer, Browne of Va., Buchanan of N. J., Burrows, Burton, Caldwell, Candler of Mass., Carter, Cheadle, Cheatham, Clancy, Cogswell, Coleman, Comstock, Conger, Connell, Cooper of Ohio, Craig, Culbertson of Pa., Cummings, Dalzell, Dolliver, Dorsey, Dunnell, Dunphy, Elliott, Farquhar, FEATHERSTON, Flick, Flood, Frank, Gear, Gest, Gifford, Greenhalge, Grosvenor, Harmer, Haugen, Hayes, Henderson of Iowa, Hermann, Hitt, Kelley of Kans., Kennedy, Kerr of Iowa, Ketcham, Kinsey, Knapp, Lawler, Laws, Lehlbach, Lodge, Magner, McAdoo, McCarthy, McDuffie, McKenna, Miles, Milliken, Moffitt, Moore of N. H., Morey, Morrill, Morrow, E. A. Morse, Mudd, Oates, O'Neil of Mass., O'Neill of Pa., Osborne, Outhwaite, Owen of Ind., Payne, Payson, Perkins. Peters, Pickler, Quackenbush, Raines, Randall of Mass., Reed of Iowa, Reyburn, Rife, Rockwell, Russell of Conn., Sanford, Sawyer, Scranton, Scull, Simonds, Smyser, Snider of Minn., Spooner, Stivers, Stockbridge, Struble, Sweney, E. B. Taylor, Taylor of Ill., J. D. Taylor, Thompson of Ohio, Townsend

« 이전계속 »