The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-02-06
THEUNION.

know il is very important to employ able in the
discharge OF the duties imposed upon these commission
rrs and am perfectly confident that il do moi make
sufficient Compensation for their labors, will be IN
Ito situation regard to getting compeieut 10
iii the Offices OF commissioners as we have been IN regard
10 judges.
move Also an amendment in regard to the secretary
The section AT present with regard 10 the secretary
reads as follows
That the secretary OF the said commissioners shall be al
lowed and paid at the rate of four thousand dollars per
annum"
move to insert after the words per annum" the fol-
lowing words:
" AID the amount for travelling expenses as may
be allowed 10 the commissioners"
Mr. BERRIEN. AS I draushed this bill originally.
following the bills that referred to The committee
there was contained in if provision allowing travelling
expenses That question deliberately considered by
the committee. and the provision was rejected lappre
bend that the gentleman from California will leopard his
bill by this provision for travelling expenses Than
he would by leaving in il the appropriation for carrying
into execution which, whether il be in or out, everybody
must will be ultimately necessary do not under
stand from the amendment proposed by the senator from
California, whether he that each OF these commits
soners shall be allowed ~ 900 for travelling expenses
Nh. GWlN. That is the object OF the amendment.
I" Not To exceed So ,000' are the words propose.
Mr.. BERRlEN The expression - not to exceed" is
very unimpoanI one They will be very sure to equal
that amount. The view OF the committee was that 1t
better give certain salarya high salary, if you
please--lhan 10 leave anything 10 contingency in this
way II salary OF $o 900 be not sufficient to obtain
competent persons to carry this bill into execution after
proper evidence TO that effect the Senate no doubt would
concur in raising it, presume the object OF the senator
10 give to the people OF California for Their sake and
for The sake of the United States ALSO which has an in
erest in this matter, competent and efficient persons TO
'a NJ, OF SW 'hf'' pTTF Ras /. the object
MIR. BERRlEN | should apprehend that within the
limits of the United States competent persons be OBJ
tanned for 900 1t isa much higher compensation than
has been paid any of the commissioners who have been
heretofore employed, either in louisiana Florida, or in
Missouri Although make no point upon this subject If
that shall be the desire OF the Senate yet really believe
| I'm a{o tn adj tn hyad nv
conviction is that the salary OF $4,000 fixed by the bill is
an adequate one.
! The question being taken upon the amendments pro-
posed by Mr.. GwIN they were rejected
| Mr.. WALKER. wish TO offer small amendment !;
and in doing so. would seriously ask the Committee Oh
the Judiciary to in it, Ii is in the 18Th section.
"And it further enacted That the decree. rendered by
the sad comms ners by the district Supreme Court
tween The United ates and the said claim IN ony and
she'll not affect the interests OF third persons"
move TO insert in the third ine after the words "Uni-
ted States" the words any patent to be issued ]"
that it will read:
"1nd be it further s~aeted That the DEGREES rendered
by the said soners, by the district Supreme
this act shah bs conclusive between the United States
the said claimants only and shall affect the interests of
third persons"
Mr. DOWNS. was under the impression that an
amendment similar in effect had been proposed BEFORE
and had been relected-not exactly in the same words,
but to the same effect defining what would be the effect OF
Mr. BERRlEN. This is a question in effect the same
the Senate has already decided declining to assign
what would be the effect OF patent to be issued.
Mr.. WALKER. The Committee on the Judiciary and
the Senate will have perceived that am not nimca to
this bill indeed have constantly stood by this bill in
most OF It's provisions 1t is evident and will appear evil
dent, that the design here is in the nature OF partition
between the United States and private individuals, to sep
ars,e their lands But in addition to that separation.
which perfect when the bill declares what does de-
clare the 18Th section, that the land not found to be
that OF an ndvidual or in regard 70 which decision
shall be made shall be deemed, held and considered
par, OF The public domain OF the United States" the BILL
as il II contained inconsistency goes rather beyond
that and requires of the parties to deed TO the other
the title TO the property Now, we evidently do not de-
sign do anything than merely to relinsush
title in favor OF the claimant who asserts his right to the
land We do not WISH as understand IL, for moment
to give him any advantage which he does not IN right
and justice possess against any other private individual
who may set up claim TO the same land know II is
argued that the patent will not in effect be than
mere REIMBURSEMENT on the part OF the United States
But others again have argued differently and the senator
from Ohio Mr. EwINe has argued with great force. and
think wisely made a distinction between relin
quishmsn, and of ordinary patents. We have it
assumed in ordinary patents as said the other day.
that we do have titles. and We assume 10 convey that
title and place il in the individual grantee or paen,ee
doubt very much whether the United States courts will
sanction the idea that argued for here that this is de-
signed to be nothing than mere REIMBURSEMENT;
and II the tribunal which are establishing to make
this partition and decide upon these claims should
ultimately to the conclusion that the individual will have
obtained than REIMBURSEMENT, it will have
great influence, unless declare what is design in
issuing that patent therefore propose this amendment
which will make the section read as have before stated
AS it stands 1t shows Inconsistency, and seems
evidently 10 imply that do intend 10 make distlnc
ton between the effect Of decision OF the board of com
mssoners and the courts, and the patent which is to be
issued after that decision. The section reads:
And be further enacted, That the DEGREES rendered by
the said ssioners and the district Supreme Court
of United States under this shall be conclusive
the United States, and the said claimants only and
shall mol afe ct the interests OF third persons"
As much to exclude the idea that the patent shall
also 40 operate Now, wish 10 amend the section, so
that shall be at that the patent shall have
other operation than is here declared with regard to the
decisions of this board OF commissioners and the Judges
who may decide upon these claims. As the section now
stands strong inference be drawn against other
claimants, that this decision of the commissioners shall
take place in favor OF the claimant, and then finally the
expressed to exclude every other idea il
to me
| Mr.. BALDWIN. | am in favor OF the amendment
proposed by the senator from Wisconsin. II will make
the bill conform the legislation Of Congress in regard
TO land lying in the State of Louisiana see by the
passed the Sd OF March, 1891 there this provso in
the section regard TO the issuing OF patents to those
who shall be holden between the United States and
those be entitled to them II is chap. SIT OF the
passed. Sd of March, 1891, OF the edition which have
in my hand. The provision is as follows;
"Prop,ded That the said decision. and surveys and the
patents which be issued in conformity thereto shall
In wise be considered pecludng legal inves
CATION and decision by the proper tribunal between
the parties any such interfering claims, but shall only
operate the OF the United States
OF all title to the land In question"
Under this provso most OF the decisions have taken
place in regard TO the eject OF the patent upon the rights
Au.l, ID hv thas