New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-08
ABSTRACT OF THE REPORT.


WASHINGTON, Feb. when, on June /, 1872,
President Grant dthe bfor the relief of Dr. j. Mil
ton Best the referred 10 the Senate Com
mittee Claims. To-day Senator Howe, the Chairman
OF the Committee made a report from that Committee
strongly In opposition 10 the veto. The report says the
objections Of the President not based upon the ground
that the act Is unconstitutional that II nconsder
bey passed and that neither OF these objections could
Re well urged against IT, The constitutional authority OF
Congress TO provide for the payment Of private claim
cannot well be denied by any one The Com
mittee show that the act in question
passed after due and careful consideration, and
sby statesmen and jurists have
maintained that the proper use Of the veto power
limited 10 the Of unconstitutional and rash legis
laton, but the text Of the Constitution well the
usage Of the Government sanctions broader Of the
power There can be no doubt that the President may
lntcrpOse his veto 10 the passage Of any bh however
constitutional it may be, and however maturely it may
have been considered by the Legislature and there
te doubt that when be does inerpose his
only be By the Of two-thirds Of
each house Of Congress. Thus in governmental
system the negative Of the President counter
acts the vote Of one-sixth of eachi house
Of Congress. With the assent Of the President
jOrity Of each house enact a law but against his
assent twOthirds required Since, therefore, the
Executive veto parayzes large portion of the Leg
lsature 10 would that IL ought interpOsed
except upon substantial and wel-cOnsidered grounds
and would quite evident that the Executive
the task with the help his Cabinet Of recon
sderng the eXpediency Of an the laws which Congress
natures, with the aid Of all its committees and all its
members while he may sometimes correct mistakes be
may also sometimes make mistakes
The Committee say the principal objection urged
against the act is that IL provides for claim arising
account Of the ravages Of war. The message Of the
President states the circumstances under which the
claim the bill appropriated the Of $4,000 TO
compensate Dr. j. Milton Best for the destruction OF his
dwelling house and lis contents BY order Of the
msudng officer OF the United states military forces at
Paducah. Nv, on March &c, 1864. In reviewing the
Of the President for the veto, Committee
admit that ia some sense, the destruction " the
Of =" but in their opinion the taken
from the claimant for the Of the Government
Tie message asserts as general principle OF both
international and municipal law that al property
is held subject only TO taken by the Government
for public uses, IN which case under the Constitution Of
the United States the entitled 10 just cOmpen-
sahOu but also subject to be temporarily occupied OF
actually destroyed, in times Of great personal
danger when the public safety demands it, and in this
latter case Governments do not admit legal obligation
Oh their part 10 compensate the owner
The Committee, taking issue with the President, say
they have not found any such general prnc pie affirmed
either IN international municipal law, but
have found the very reverse to be affirmed by
all law bothE international and municipal They
quote numerous legal authorities and several Con-
ess presidents in support Of this view and in reply 10
The Presidents caution that the payment OF this claim
would the presentation OF demands for very large
of money for necessary and unavoidable destruc
ton of property by the army they say the act for the
relief Of Dr. Best does not provide for the payment Of
property unavoidably destroyed; the contrary it
clearly discriminaes against and dsclams liability for
such payment. They reply secondly, that If the prin
cple involved In the bill be Just and be las IL has
been seen 10 be) in accordance with the
commands OF all law and all precedent the
Government cannot be excused from making payment to
Dr. Best because Of the weight Of the burdens such pay
ments would impose upon the Treasury. The Committee
he who regards law loves justice will be reluctant
his Government TO absolute destutOn then turned
away from the full tils OF the Treasury, which carry
from year 20 year unused millions single years in
terest on winch would compensate for every injury
coming within the principle OF DR.. Bests claim. There
IL warrant for believing that the principle recognized
by tins bill would involve the Treasury in large dsburse
ments 10 has already been that the bill estab-
fishes precedent Congress has already paid
several claims resting precisely the principle
From the foundation OF the Government, II cannOtbe
discovered that Congress has refused paw SINH
lar claim. IL, profess 10 apprehend, similar
claims for millions await payment, the question
aIIses, where are they During the IL years since
the late began the whole amount OF claims OF every
kud recommended for payment by the Senate Commit
tee Claims, excluding those reported from the Claims
Commission, will fall considerably below 600
conclusion, the Committee into a statement 10
chow that no claim ever ever be preferred
against the Government resting upon more lnpregnable
GROUNDS than the Claim preferred this BILL and they
therefore recommend Its passage, the objections Of
ths PRESIDENT TO the contrary Notwithstanding.
M. Howe also made similar recommendation in re-
AtiOn 10 the OIL appr0pnatng tl250 for the relief OF
Thomas g. Wallace OF Lexington, Mo-, which was vetoed
by the President on June 1874 for reasons similar 20
those set forth IA the message yetOng the bill for the
TeDei Of DR.. Best.