The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-02-08
WASHINGTON.
Speaker BlRinO's Prospects for Re-.
elections

- elections
NEW York, February 7.-Washington
adVices report that Speaker Blaine will be
unuuestionably reelected in the event Of
Congress assembling on March 4th. There
Is no candidate mentioned who could
command anything like Q RESI- eectable sup
port in opposition to him.
SOUTHERN CLAIMS COMMISSION BEST
CASE.
WASHINGTON, February 7.-When on
the first Of June last, President Grant We.
toed the bill for therelief Of DR.. JNMilton
Best, the message was referred to the Sen.
ate Committee on Claims. To-day Sena.
tor Howe, its chairman, made q report
from that committee strongly in opposi-
ton 10 the veto. The report says the OBJ:
iections of the President are not based
upon the ground that the act Is unconsti.
tutional or inconsiderately passed; and
that neither of these objections could be
well urged against it. The constitutional
authority Of Congress TO provide for the
payment Of q private claim cannot well be
denied. The act in question was passed
after careful consideration. Some states.
men and iurists have maintained that the
proper use of the veto power was limited
to cases Of unconstitutional and rash legis'
lation, but tho text Of the Constitution as
well as the usage Of the government sane.
tions q broader use Of the power. There
can ben doubt that t5e President may
interpose his veto to tho passage Of
any bill however constitutional, and
however maturely it may have been
considered by the Legislature, there can
be no doubt that when lie does interpose
lis veto 1t can only be overcome by the
concurrence Of two.thirds Of each house
Of Congress- Thus IN our governmental
system the negative Of the President
counteracts the vote oI one,sixth Of each
house Of Congress With the assent Of
the President a majority Of each house
can enact o law, but against his dissent
tWo.thirds are required. Since, therefore,
the Executive veto paralyses so large q
portion of tho Legislature, It would seem
It ought not to be interpOsed except upon
substantial and well considered grounds;
and It would seem quite evident that If
the President assumes the task, with the
help of his Cabinet, Of reConsidering the
Of all laws which Congress
natures with the aid Of all Its committees
and all its members. While he may
sometimes correct mistakes he may also
sometimes make mistakes. The commit:
tee say the principal objection urged
against the act is that it provides for
claims arising on account Of the ravages
OF War-the message states the clrCum-
stances under which the claim arose. The
bill approprlates $500 TO compensate
DR.. Best for the destruction Of his dwell
ing house and its contents by order of the
commanding officer Of the United States
forces at Paducab, KY, March
90, 1904. In reviewing the reasons ofthe
President for his veto the committee adj
nit that in some sense the destruction
was the ravsges oI war, but in their
opinion the house taken from the claimant
was for the use Of the Government The
message asserts as q general principal of
both International and Municipal law,
that alIproperty Is held subject not only
to be taken by the Government
for public uses, In which case,
under the constitution Of the United
States, the owner Is entitled to just com.
pensation, but also subject to be tempo.
rarily occupied or even actually destroy
ed in time Of great personal danger, when
the public safety demands 1t; and in this
latter case the governments do not admit
q legal obligation on their part to com.
pensate the owner. The Committee tax |
ing issue with the President, say they
havO not found any such general principle |
affirmed either In international or mum. |
cipal law, but have found the very reverse
affirmed by all law, international and
municipal, They quote numerous legal
and several Congressional
precedents. In support Of this view, and
II reply to the Presidents caution, that
.he payment of this claim would invite
.he presentation Of demands for very
large sums OF money for the necessary
and unavoidable destruction OF prop.
srty BY the army. They say the
act forrthe relief of DR.. Best, does not pro-
vide for the payment OF property unavoid-
ably destroyed. On the contrary It clear.
" discriminates against and disclaims LA.
jility for such payment. They reply |
secondly, that if the principle involved
IN the bill be Just, and as 1t had been seen,
10 be in accordance and command with |
all law and all precedent, The Govern
uent cannot be excused from making pay
nent TO Dr.. Best because OF the weight OF
The burden such payments would impose
upon the Treasury. The Committee gay
he who regards law or loves justice, will
DO reluctant to see loyal citizen reduced
oy a deliberate act Of his government to
absolute destitution, and then turned away
rom the full tile Of the Treasury, which |
carry from year to year unused millions.
A single years interest on which would |
for every inquiry coming |
within the principle Of Bests claim.
There is no warranttor believing that the
principle recognized by this bill would |
involve the treasury in large disburse.
ments. Il has already been seen that the
bill establishes DO new preCedents. Con-
yress has already paid several claims
resting upon precisely the same principle.
From The foundation OF the government
It cannot be discovered that Congress
sver refused to pay q similar claim, IT.
as some profess 10 apprehend, similar
claims for millions await payment, the
question arises where ore they during the
eleven yearS since the late war com.
neneed The whole amount Of claims
81 every kind recommended for payment
81 the Senate Committee on Claims, ex.
cluding those reported from the Claims
Commissioners, will fall below a million
dollars.a
In conclusion the committee enter into
a statsment 10 show that no claim was
eyer, orever can be, preferred against the
government resting upon more impregna-
6le grounds than the claim preferred In
this bill, and they therefore recommend
is passage, the objection oI the President
10 the contrary Notwithstanding. - SI
Howe also made q similar recommen-
. ~ . l."