220 



CONGRESS. (APPORTIONMENT OF REPRESENTATIVES.) 



from without cost and without protection to the 

 author, if we recognize the copyright, cheap lit- 

 erature and cheap access to knowledge will be 

 burdened. 



" Mr. President, there is nothing in that but 

 the mere question whether you will give copy- 

 right protection to foreign authorship. Foreign 

 authorship can not get it in the spirit separated 

 from the body. The body in which literature 

 appears is by type and print and publishing. 

 That is what needs to be protected, not thoughts 

 while not committed to the public, while diffused 

 by conversation, or public knowledge that is in 

 the mind until it is promulgated ; but the au- 

 thor has no mode of protection at home or abroad 

 except in the vehicle of publication by which 

 readers are open in access to his thoughts and 

 the revenue from that patronage shall arise. 



"Therefore, when Senators tell us that for 

 years they have been in favor of copyright, in 

 favor of protecting foreign authorship, in favor 

 of justice and duty, and then tell us that they 

 are not for this measure here to-night, what 

 worth is it that they have all those noble senti- 

 ments in favor of the protection of literature I " 



The Senate concurred in the conference com- 

 mittee's report by the following vote : 



YEAS Aldrich, Allen, Chandler, Dawes, Dixon, 

 Dolph, Edmunds, Farwell, Frye, Hawley, Hiscock, 

 Hoar, Jones of Nevada, McMillan, Merrill, Pasco, 

 Pierce, Platt, Sawver, Shoup, Spooner, Stanford, Stew- 

 art, Warren, Wasliburn, Wilson, Wolcott 27. 



NAYS Bate, Berry, Call, Carlisle, Casey, Coke, Cul- 

 lom, Daniel, Faulkner, Gorman, Gray, Ingalls, Ken- 

 na, Morgan, Pettigrew, Plumb, Eansom, Sherman, 

 Walthall 19. 



ABSENT Allison, Barbour, Blackburn, Blair, 

 Blodgett, Brown, Butler, Cameron, Carey, Cockrell, 

 Colquitt, Davis, Eustis, Evarts, George, Gibson, Hale, 

 Hampton, Harris, Higgins, Jones of Arkansas, Mc- 

 Connell, McPherson, Manderson, Mitchell, Moody, 

 Paddock, Payne, Power, Pugh, Quay, Reagan, San- 

 ders, Squire, Stockbridge, Teller, Turpie, Vance, 

 Vest, Voorhees 40. 



Later in the day an attempt was made to 

 recall the bill from the House and have it re- 

 considered, but the effort failed. The measure 

 was approved by the President March 3, 1891. 



Apportionment of Representatives. Mr. 

 Dunnell, of Minnesota, from the Committee on 

 the Eleventh Census, reported, Dec 16, 1890, 

 the following bill for the apportionment of Rep- 

 resentatives among the States on the basis of 

 that enumeration : 



Be it enacted, etc., That after the 3d of March, 1893, 

 the House of ' Representatives shall be composed of 

 356 members, to be apportioned among the several 

 States as follows : Alabama, 9 ; Arkansas, 6 ; Califor- 

 nia, 7 ; Colorado, 2 ; Connecticut, 4 ; Delaware, 1 ; 

 Florida, 2 ; Georgia, 11 ; Idaho, 1 ; Illinois, 22 ; In- 

 diana, 13 ; Iowa, ll ; Kansas, 8 ; Kentucky, 11 ; Loui- 

 siana, 6; Maine, 4; Maryland, 6; Massachusetts, 13; 

 Michigan, 12; Minnesota, 7; Mississippi, 7; Mis- 

 souri, 15; Montana,!; Nebraska, 6; Nevada,!; New 

 Hampshire, 2 ; New Jersey, 8 ; New York, 34 ; North 

 Carolina, 9 j North Dakota, 1 ; Ohio, 21 ; Oregon, 2 ; 

 Pennsylvania, 30 ; Rhode Island, 2 ; South Carolina, 

 7; South Dakota, 2; Tennessee, 10 ; Texas, 13; Ver- 

 mont, 2 ; Virginia, 10 ; Washington, 2 ; West Vir- 

 ginia, 4; Wisconsin, 10; Wyoming, 1. 



SEC. 2. That whenever a new State is admitted to 

 the Union the Representative or Representatives as- 

 signed to it shall be in addition to the number 356. 



SEC. 3. That in each State entitled under this ap- 



portionment the number to which such State may be 

 entitled in the Fifty -third and each subsequent Con- 

 gress shall be elected by districts composed of con- 

 tiguous territory and containing as nearly as practi- 

 cable an equal number of inhabitants. The said dis- 

 tricts shall be equal to the number of the Representa- 

 tives to which such State may be entitled in Congress, 

 no one district electing more than one Representative. 



SEC. 4. That in casq of an increase in the number 

 of Representatives which may be given to any State 

 under this apportionment, such additional Repre- 

 sentative or Representatives shall be elected by the 

 State at large, and the other Representatives by the 

 districts now prescribed by law until the Legislature 

 of such State in the manner herein prescribed shall 

 redistrict such State, and if there be no increase in 

 the number of Representatives from a State the Rep- 

 resentatives thereof shall be elected from the districts 

 now prescribed by law until such State be redis- 

 tricted as herein prescribed by the Legislature of said 

 State. 



SEC. 5. That all acts and parts of acts inconsistent 

 with this act are hereby repealed. 



In presenting the measure Mr. Dunnell said : 



" Mr. Speaker, it seems to me that I shall have 

 discharged my duty as chairman of the Com- 

 mittee on the Eleventh Census if in a few words, 

 and a very few words, I shall explain the pro- 

 visions of the bill. It appears here responsive 

 to the requirements of the second section of Ar- 

 ticle XIV of the Constitution of the United 

 States, and is based upon the eleventh census, 

 that was officially announced on the 25th of No- 

 vember last. 



" The first section of the bill provides for the 

 number of Representatives that shall be allowed 

 from each State in the Fifty-third and subse- 

 quent Congresses. It provides for a member- 

 ship of 356, which is an increase of 24 members 

 over the present number. Later I will call at- 

 tention to the method that has been used in r s- 

 certaining the number to which each State is en- 

 titled under the census. The first section simply 

 alludes to the membership as it shall be in the 

 Fifty-third and subsequent Congresses. Before 

 I proceed to define the method by which the 

 number was ascertained I shall say in a general 

 way that sections 2, 3, 4, and 5 are almost iden- 

 tical with the corresponding sections as they 

 appear in the apportionments based upon the 

 ninth and also upon the tenth census. There 

 is no new provision incorporated in those sec- 

 tions, and they are, as I have already said, sub- 

 stantially the same. There was no contest in 

 the committee over these sections except such as 

 was merely verbal. 



" Twenty-five of the forty-four States will re- 

 ceive under this bill the same number of Repre- 

 sentatives which they now have. There are thir- 

 teen States, as will be seen in the report of the 

 committee, which will be entitled under the bill 

 to an additional member Alabama, Arkansas, 

 California, Colorado, Georgia, Kansas, Massa- 

 chusetts, Michigan, Missouri, New Jersey, Ore- 

 gon, Washington, Wisconsin. There are two 

 additional members allowed under the bill to 

 each of the following States : Illinois, Minnesota, 

 Pennsylvania and Texas. Three additional mem- 

 bers are given to the State of Nebraska. 



" I might, if I saw fit, make some allusion to 

 the census of this year, upon which the new ap- 

 portionment of members has been made. I could 

 do so with pride as an American citizen, in not- 



