National Republican., 1873-02-08
AENATE.
WASHINGTON, FEB. :, 1919.

authorizing tue removal OF the frame DulhlhR'
from Judictary square, Washington.
Mr.. Cole said this bill would compel the re.
moyal Of the building now being erected for the
Inauguration ball.
Mr.. Morrill, said the Committee on Public
Buildings and Grounds did not so understand 1t.
lie said further, that the benevolent assoc Citations
now occupying the old shantles In the square
would receive the proceeds OF the sale.
The bill was passed.
Mr.. Fonton presenteda remonstrance Of New
York business men against the repeal Of the
bankrupt law. laid on the table.
Mr., Morrill,, OF VT, from the Committee on
Public buildings and Grounds, reported an origi-
To- exchange @ he Old G custom house "a and G post ocs
site In chicago for the land belonging TO the
school fund Of the city, at the corner OF Polk
e tWo peSe Of sSd e a 81 IN
talned by commission Of four persons, two ap-
pointed by the Treasury Department, and two
Sy ai 3 wSea SS the Of %
Treasury.
MT. Sherman introduced bill authorizing the
treasury and he payment q per per cent Interest
thereon for charitable or educational purposes.
Referred to Committee on Finance.
BILLS REroRTED.
Mr.. Ramsey, from the Committee on Post
Onces and Post Roads, reported favoTably a bill
authorizing the Northwest Pacific Railroad Com
liver; and bill authorizing the construction Of
hridge across the Arkansas river Of Van Buren,,
Arkansas.
the bill providing for q Government building at
ParkershurH, West Virginia.
Mr.. Alcorn, from the Committee on Mines and
Mining, reported the bill To aid In the construc-
ton OF the sutro tunnel from the proceeds OF the
sale Of mineral lands, with amendments.
Mi. Davis, from the Committee on Claims, re-
ported without amendment the bill for the relief
Of william Schilllng A Co., OF Baltimore, Md.
BILL FOR RELiEP or }. MILTON BEsT.
Mr.. Howe, from the Senate Committee on
Claims, yesterday submitted a report on the
message of the President vetolng the bin for the
relief OF j. Milton Best. The report says the OBJ
Jectlons OF the President are not based upon the
ground that the act is unconstitutional or that IL
was sunconstitutlonaly passed, and that neither OF
those objections could be well urged against 1t.
The constitutional authority Of Congress to pro-
vide for the payment OF a private claim can not
well he denied by any one. The committee show
that the Act In question was passed after due and
careful consideration, aud say; Some statesmen
and some jurists have maintained that the pro-
per use Of the veto power was limited to the
cases Of unconstitutional and rash legislation
but the text OF the Constitution, as well as the
usage OF the Government, sanctions broader
use of the power. There can bc no doubt that
the President may interposo his veto to the
passage OF any bill, however constitutional II
may be, and however maturely II may have been
considered by the legislature, and there can be
no doubt that when he does nterpose his veto Il
can nnly be overcome by the concurrence OF two
thirds Of each house Of Congress-.
Thus, In our governmental system, the mega
tive Of President Counteracts the vote OF one
sixth OF each house OF Congress. With the as
sent Of the President majority Of each house
can enact law; but against his dissent two
thirds were required. Since, therefore, the Rx-
ecutiye veto pnralyses so large a portion OF the
Legislature, II would seem that IL ought not To
lie lnterpOsed except upon substantial and we'll
considered grounds, and II would seem quite
evident that II the Executive assumes the task
with the help OF his Cabinet, OF recOnslderlnR
the expediency OF all the laws which Congress
natures, with the aid Of all Its committees, and
all lts members, while he may sometimes correct
mistakes, he may also sometimes make mistakes
The committee say the principal objection
urged against the act is, that IL provides for a
claim arising on account OF the rayages Of war.
The message OF the President states the clrcum-
stances under which the claim arose. The bIll
npproprlates the sum OF $4,000 TO compensate
Dr. J. Milton Best for the destruction OF his
dwelling house and Its contents by order OF the
commanding Onccr OF the United States military
forces at Paducah, Ky, March 20, 1891.
In reviewing the reasons Of the President for
the veto the committee admit that In some sense
the destruction was "the rayages OF war; but
In their opinion the House taken from the claim
ant was "for the use OF the Government"
The message asserts as general principle OF
both international and municipal law, that all
property 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 Il entitled TO Just compensation, but also
subject TO be temporarily occupied, or even
actually destroyed In times Of great personal
danger, and when the public safety demands It,
and In this latter case, governments do not adj
init legal obligation on their part to compensate
the owner The committee, taking issue with
the President, say they have not found any such
general principle afiinned, either In interna-
tlonal or municipal law, but have found the very
reverse to be affirmed by oil law, both interna-
They quote numerous legal authorities and
several congressional precedents In support OF
this ylew,and in reply 70 the Presidents caution,
that the payment OF this claim would invite the
presentation OF demands for very large sums Of
money for necessary and unavoidable destruc-
tion OF property by the army, they say the act
for the relief OF DR.. Best does not provide for
payment OF property unayoldably destroyed. On
ihe contrary, 1t clearly discrminates against and
dlsclalms liability for such payment.
They reply, secondly, that II the principle In
VOWED In the bill he Just and be- as has been seen
to he, In accordance with the commands of all
law and all precedent, the Government cannot
because of the weight Of the burdens such pay
ments would impose upon the Treasury. The
committee say; !" lie who regards law or loves
Justice Will be reluctant TO see loyal citizen re-
duced by the deliberate act Of his Government to
absolute destitutlOn and then turned away from
the full tllls Of the Treasury, which carry from
year TO year unused millions, 4 single years In
terest on which would compensate for every In
Jury coming within the principle OF Dr. Bssts
claim"
principle recognized by this bill would involve
the Treasury In large disbursements. II has al
ready been seen that the bill establishes no new
precedent. Congress has already paid several
claims resting upon precisely the same principle.
From the foundation OF the Government 1t can
not he discovered that Congress has ever refused
to pay 4 similar claim. II, as some profess to
appTehend, similar claims for millions await pay
ment, the question arises, where are they
During the eleven years since the late war COM
menCed the whole amount OF claims OF every
kind recommended for payment by the Senate
Committee on Claims, excluding those reported
from the claims commission, Will fall consider
ably below ono million dollars.
In conclusion, the committee enter into a
statement to show that no claim ever was or
ever can be preferred against me Government
resting upon more impregnabe grounds than the
claim preferred In this bill, and they therefore
recommend It's passage, the objections Of the
PRESIDENT TO the contrary Notwithstanding.
INTERNATIONAL COPYRIGHT.
Mr.. Morrill,, Of Me-, from the Joint Committee
on the Library, reported adversely on the bill
providing for an international copyright
The conference report on the bill to provide
for public buildings IN Memphis, Tenn, was dis.
cussed at considerable length and then laid over
PACIFIC RAILROADS.
Mr., Casaerly submitted q resolution instruct.
Ing the Secretary OF the Treasury to transmit "a
the Senate statement OF the net earnings
OF the Union Pacific and Central Pacific TaI.
roads for the years 1870 and 1871, showing, In
detail, the receipts for passengers and freight
during tho two years aud the running expenses
Adopted.
TlE ALABAMA CLAIMS BILL.
The unfinished business, being the Alabama
claims bill, was taken up.
Mr., Edmunds explained at some length thu
provisions OF the bin, and reviewed the points o
~" P'SSNNNhh
iaring on the case. lie held thAt.the award O
money damages 10 be paid by England was h
the United states and not to the citizens.
Mr.. Thurman disputed this view OF Mr.. Ell
Inunls, and argued that II was the claims OF thu
citizens which the Government had pressed. Ill
said this whUfe bill was based In sOphlsTn, ant
he maintained that the effect OF II would he u
take from the citizens, to whom II belonged
three or four million dollars. lie moved TO strik
from the twelfth section Of the bill the claus
excluding the claims Of Insurance companies Il
certain cases.
Mr. Norwood called up the bill to relieve tn
disabilities OF certain citizens OF Georgia, Ala
bama and other States.
RMT. Flanagan moved to amend by insertln
the name OF Jefferson Davis. lie said that Will
they were removing disabilities they might u
wen do the whole thing. Let on the chief an
get through with the whole business.
The amendment OF Mr. Flanagan was lost, h
only voting In the atlimatlye.
The bill was then put on Its third reading, o
which Mr, Edmunds called the yeas and nay
resultng-yeaa II, nays Il no quorum voting.
The Senate then, without further action, a.
jOurned until Monday.
HOUSE OF REPRESENTATIVES,.
PRIVATE BIIIs.
The regular order was demanded after III
reading Of the journal, and the House prOceede
TO the consideration, In the morning hour,
hills Of a priv g nature reported from the Con
...ItN wal ual