the Secretary of the Interior, and the Attorney-General, which shall be known and designated as the commission for the establishment of a park.

That the said commission is hereby authorized and directed to make an inspection of the country along Rock Creek, beginning at the point on that creek at Massachusetts avenue extended, and extending upward along its course to where said creek is crossed by the road leading west from Brightwood, and to select from that district of country such a tract of land, including said creek and not more than one-fourth of a mile on each side thereof, on an average, as said commission shall deem to be suitable and appropriate for a park.

That the said commission shall cause to be made a careful map of said park, showing the location, quantity, and character of each parcel of private property to be taken for such purpose, with the names of the respective owners inscribed thereon, and the said map shall be filed and recorded in the public records of the District of Columbia; and from and after that date the several tracts and parcels of land embraced in such park shall be held as condemned for public uses, subject to the payment of just compensation, to be determined by the said commission and approved by the President of the United States: Provided, That such compensation be accepted by the owner or owners of the several parcels of land.

That if the said commission shall be unable to purchase any portion of the land so selected and condemned within thirty days after such condemnation, by agreement with the respective owners, at the price approved by the President of the United States, it shall, at the expiration of such period of thirty days, make application to the supreme court of the District of Columbia, by petition, at a general or special term, for an assessment of the value of such land, and said petition shall contain a particular description of the property selected and condemned, with the name of the owner or owners thereof, and his, her, or their residences, as far as the same can be ascertained, together with a copy of the recorded map of the park; and the said court is hereby authorized and required, upon such application, without delay, to notify the owners and occupants of the land, and to ascertain and assess the value of the land so selected and condemned by appointing three commissioners to appraise the value or values thereof, and to return the appraisement to the court; and when the values of such land are thus ascertained, and the President shall deem the same reasonable, said values shall be paid to the owner or owners, and the United States shall be deemed to have a valid title to said lands.

That the said commission is hereby authorized to call upon the Superintendent of the Coast and Geodetic Survey, or the Director of the Geological Survey, to make such surveys as may be necessary to carry into effect the provisions of this section; and the said officers are hereby authorized and required to make such surveys under the direction of said commission.

Mr. GEORGE F. HOAR. I desire to raise the question of order on that amendment.

Mr. EDMUNDS. I will modify my amendment first, if the Senator will pardon me for a moment. Instead of "$1,300,000" I wish it to read "$500,000."

The President pro tempore (Mr. J. J. INGALLS). The Secretary will state the proposed modification.

Mr. EDMUNDS. Everybody understands it. I propose to appropriate $500,000 instead of $1,300,000.

66

The SECRETARY. In line 2 of the amendment it is proposed to strike out one million three" and to insert "five;" so as to read: "$500,000."

Mr. ELI SAULSBURY. I should like to ask the Senator from Vermont if there is any provision made for an appeal in case of condemnation?

Mr. EDMUNDS. The amendment provides that if this commission of three heads of Departments can not agree upon the value of the land, they shall apply to the supreme court of the District, which proceeds judicially, and then, as in such cases, no appeal is provided for unless a question of law arises, and in that case an appeal is vested by general law.

Mr. HOAR. I desire to raise the question that the amendment is not competent under Rule XVI.

Mr. EDMUNDS. It is, I think.

The PRESIDENT pro tempore. Will the Senator indicate the clause of the rule?

Mr. EDMUNDS. The amendment has been referred to the Committee on Appropriations, I think.

Mr. HOAR. I raise the question that the amendment is irrelevant to the matter of the bill, and also the question that it proposes general legislation.

I should like to inquire whether it has been reported by a standing committee and referred to the Committee on Appropriations more than twenty-four hours before being offered here?

Mr. MORRILL. I have reported from the Committee on Public Buildings and Grounds an amendment for a zoological park, not the amendment for a general park.

Mr. HOAR. This is a separate amendment, and has not been referred to the Committee on Appropriations, I understand, twenty-four hours before being offered in the Senate.

Mr. EDMUNDS. Mr. President

The PRESIDENT pro tempore. While the question of order is not strictly debatable, as an appeal would lie, the Chair will hear the Senator from Vermont on the subject.

Mr. EDMUNDS. I was under the impression that my colleague had reported from the Committee on Public Buildings and Grounds the amendment for a general park, but he says he only reported the one for a zoological park at $200,000. Therefore I think myself that the ainendment would be subject to the point of order that it proposes a new item of appropriation which had not been referred to the Committee on Appropriations. The other parts of the point of order I do not think are well founded.

Mr. HOAR. If it would be out of order for any purpose, I suppose it is not necessary to pass on the other points at present.

Mr. EDMUNDS. But the Chair may differ with my friend.

The PRESIDENT pro tempore. The Chair would be compelled to hold that under the second paragraph of Rule XVI, technically the amend

ment is open to the point of order suggested by the Senator from Massachusetts.

January 26, 1889-House.

Mr. J. J. HEMPHILL reported, with amendments, bill (H. 12136) for establishment of a public park.

Referred.

January 28, 1889-House.

Mr. J. J. HEMPHILL asked for consideration by Committee of Whole of bill (H. 12136).

Not agreed to.

February 15, 1889-Senate.

Mr. I. G. HARRIS reported with an amendment bill (S. 588) to establish Rock Creek Park. Same as reported by Mr. Hemphill in the House, January 26, 1889.

Referred to Committee of Whole.

February 19, 1889-Senate.

Mr. G. F. EDMUNDS. I move-and Senators all know what it is-the printed amendment' that I offered to the District of Columbia appropriation bill regarding the national park. I ask that it be referred to the Committee on Appropriations, so that, if they shall report it, it will be in order to-morrow.

The President pro tempore (Mr. JOHN J. INGALLS). It will be so ordered, if there be no objection.

Referred to Committee on Appropriations.

December 19, 1887-Senate.

APPOINTMENT OF REGENTS

By the Vice-President.

The President pro tempore (Mr. JOHN J. INGALLS.) The Chair appoints Randall Lee Gibson, Senator from the State of Louisiana, to serve upon the Board of Regents of the Smithsonian Institution, under the provisions of the Revised Statutes relating to that Institution, in the place of Samuel Bell Maxey, of Texas, whose term of office has expired.

APPOINTMENT OF REGENTS

By the Speaker.

January 5, 1888-House.

The Speaker (Mr. JOHN G. CARLISLE) announced the appointment of Samuel S. Cox, of New York, as Regent of the Smithsonian Institution.

1 See Senate proceedings, January 25, 1889.

January 10, 1888-House.

The Speaker (Mr. JOHN G. CARLISLE) announced the appointment of Joseph Wheeler and William Walter Phelps as Regents of the Smithsonian Institution.

February 8, 1888-Senate.

APPOINTMENT OF REGENTS

By Joint Resolution.

Mr. J. S. MORRILL introduced a joint resolution (S. 50):

That the existing vacancy in the Board of Regents of the Smithsonian Institution of the class "other than members of Congress" shall be filled by the appointment of Andrew D. White, of the State of New York, in place of Asa Gray, deceased.

The President pro tempore (Mr. JOHN J. INGALLS). The joint resolution will be referred to the Committee on the Library.

Mr. MORRILL. I hardly think it necessary to refer the joint resolution. Let it be printed and lie on the table.

The PRESIDENT pro tempore. It will be so ordered, if there be no objection.

February 9, 1888-Senate.

Mr. J. S. MORRILL. I ask for the consideration of Senate joint resolution No. 50, for the appointment of a Regent for the Smithsonian Institution.

The motion was agreed to; and the Senate, as in Committee of the Whole, considered and passed the joint resolution (S. 50). February 10, 1888-House.

Mr. S. S. Cox. With the permission of the gentleman from Texas [Mr. Lanham], I ask by unanimous consent to call up from the Speaker's table joint resolution (S. 50) appointing Andrew D. White a member of the Board of Regents of the Smithsonian Institution, and to put it upon its passage.

There was no objection, and the joint resolution was passed. February 15, 1888.

Resolved, etc., That the existing vacancy in the Board of Regents of the Smithsonian Institution of the class "other than members of Congress", shall be filled by the appointment of Andrew D. White, of the State of New York, in place of Asa Gray, deceased.

(Stat. XXV, 617.)

CAPRON JAPANESE COLLECTION.

December 21, 1887-Senate.

Mr. DANIEL W. VOORHEES introduced a bill (S. 1033):

That the sum of $10,000 be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purchase of "the Capron collection of Japanese works of art," now on temporary deposit in the National Museum, at Washington, D. C.

Referred to Committee on the Library.

February 23, 1888-Senate.

Reported by Mr. D. W. VOORHEES, from Committee on the Library.

March 1, 1888-Senate.

Recommitted to Committee on the Library and bill (S. 2215) substi

tuted.

March 5, 1888-House.

Mr. R. H. M. DAVIDSON, of Florida, introduced a bill (H. 8026):

That the sum of $14,675 be, and the same is hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purchase of "the Capron collection of Japanese works of art," now on temporary deposit in the National Museum, at Washington, District of Columbia.

Referred to Committee on the Library.

March 15, 1888-Senate.

S. 1033, reported by Mr. WILLIAM M. EVARTS; amended to appropriate $14,675 instead of $10,000.

March 31, 1888-Senate.

S. 1033 considered and postponed indefinitely.

March 31, 1888-Senate.

S. 2215 passed.

April 3, 1888-House.

The bill (S. 2215) providing for the purchase of "the Capron collection of Japanese works of art" referred to Committee on the Library. August 8, 1888-House.

Mr. CHARLES O'NEILL, of Pennsylvania, from the Committee on the Library, submitted Report (H. 3221), on bill (S. 2215):

The Committee on the Library, to which was referred the bill (S. 2215) providing for the purchase of "the Capron collection of Japanese works of art," reports the same favorably and recommends its passage.

This collection was made by the late Gen. Horace Capron, a gentleman of great refinement, culture, and learning, while he was United States minister to Japan. It was carefully examined by Prof. G. Brown Goode, the assistant to the late Prof. Spencer F. Baird, Director of the National Museum, who estimated its value at about the sum proposed in the bill to be appropriated. The committee thinks. the Government should have the ownership of this collection. It would be placed in the National Museum, where the many visitors from all parts of the country could see it.

Committed to Committee of the Whole.

February 8. 1889-Senate.

Mr. W. M. EVARTS, from Joint Committee on the Library, reported an amendment to be proposed to the sundry civil bill for 1890:

For the purchase of "the Capron collection of Japanese works of art," now on temporary deposit in the National Museum at Washington, District of Columbia, $14,675.

Referred to Committee on Appropriations.