Evening star. [volume] (Washington, D.C.) 1854-1972, 1886-07-03

TIE RESTRICTIVE CLAUSE OF THE HALF NIL
LION APPROPRIATION ADOPTED.

the title OF the United States was in doubt, In
respect 70 which any claim adverse to the
was entirely directed to the proviso-the neces-
sity for being two claims to the land reclaimed
from the river. one on the part OF the Kidwell
claimants, and the other on the part Of the
Chesapeake and Ohio Canal company.
SHABBY" cLAIM.
Mr.. ingalls, said he was not an enthusiastic
advocate OF the river and harbOr bill and he
would not vote for it, but he wanted to say that
was intended to be of any practical utility, the
clause providing that none Of the money shall
IS S dispute ss hs title
Senators were no doubt aware that claims to
certain parts Of the reclaimed ground were as
claim, which he said covered quite q large
area. The Chesapeake and Ohio Canal COM
pany also asserted claims. growing out OF
examined the Kidwell claim, and he had never
encountered more "snabby claim, or one with
pany's claim was on a better footing, and it was
being diligently pressed by attorneys. No
matter what might be thought of these claims,
It was clear the work ofimprovements should not
be stopped. He proceeded TO show that any
delay IN the work would result Injuriously to
the works and In loss to the government. The
longer the delay, he said, the greater the injury
ANA loss to the government. Proper steps, he
believed, had been taken u clear up the title.
ana IL was very Important that the work should
20 on without interruption. lie urged that the
work be carried on, saying 1t might and prob
ably would req uire long time " finally settle
the question Oh title.
MR. EDMUNDs DID NOT AGREE
with Mr.. ingalls, as to the omission of the re-
strictive clause. He had examined the Kidwell
claim; SO had every member of the judiciary
committee. A patent in proper form mad been
issued by the government.
Mr.. Conger-Ihe Senator must remember
that the patent was cancelled by the Secretary
OF tue Interior.
Mr. Edmunds r,suminp said he aoreed with
Mr.. Ingalls, tnat the kid"eli claim was value
less less, ana ne believed the courts would 50 de-
sucn a decision by assuming that it
would be in accordance with his views
Steps had been taNen TO clear away
account tor the fact that all claims had not been
settled. There seemed to have been "inex-
cuseaole delay" somewhere. He was opposed
10 putting large sums OF government money.
perhaps millions vi dollars, upon d work with
the bare possibility existing vi the govern
being upset. He eX planned that Tie work could
go on upon property not III dispute, and
thought tnat would be the safer plan.
Mr.. Ingalls, presumed That Mr.. EdmundS did
not mean to reflect upon the conIerees, in
whose hands the Diii looking to the All ment
OF tue claims remaus.
saying be referred to the act OF Congress passed
several years ago authorizing the Attorney
General TO prosecute suits and settle the claims.
Mr. ingalls, stated that Attorney General
Brewster took some steps to begin a suit, but
the matter Was dropped
LET THE WORK GO ON.
Mr.. Ingalls, said The work Should begin at the
head of the fats and proceed downwards He
thought 1t would be better to remove the inhibi-
ton as TO the kidwell claim, and let il remain
as to tue canal companys. AT all events even
should the kidweil claim be decided valid-a
remote contingency-the measure OF damages
allowed would only go to the value of the
ground before the improvement was begun.
MIR. Morris, attorney for the kidwell claima II Is,
QaO Ouereu to surrender all claim uUliipn
that the government shall assent that he may
60 into court to establish, first the validity of
the claim, and second. its value. He thought
IL better to accept this offer, and let the Work,
60 On without Interruption.
Mr.; Edmunds suggested that even then,
should the kidwell patent be finally held good;
1t might prove difficult to get perfect title
there might be absent Or minor heirs.
Mr.. ingalls,, in reply to questions, explained
that, owing to the location OF the kidweu
claim, IL is necessary that that ground be
raised TO the maximum height intended before
the work below is completed. He was willing
10 prohloit any expenditure upon The ground
covered by the canal CLAIM, but advised that
there be no prohibition as lar as the kidwell
MIR. Ingalls, said that the plain proposition of
the kidweli Claimant is to surrender all claim,
making Title TO the government al once, on con-
olllOn that they be permitted to establish their
claim In court and Ii that claim be sustained
only the value of the ground before any I'M
provements were put upon it, shall be de-
Mr.. Vest regarded it as unsafe to expend any
money upon Tue property until the question of
ute should be finally settled or until the
cesslon OF the kidwells be formally made.
MIR. Ingalls, replied that all the kidwell
claimants had united in deed to NJ. +. Nor
ment 10 make the REIMBURSEMENT satisfactory
TO the Attorney General, tnat the transfer would
he sale and ought 10 be accepted from COM
nonsense standpoint.
Mr.. BDMUNDs' DOUBTS
Mr.. Edmunds said the claimants might be
left Ia locf
might seek to repudiate the transfer, or the At
tOrney General might not be satisfied that the
transfer carried all rights conveyed in the
original patent, II a decision ad verse to the
government should finally be rendered and
condemnation resorted to, then the claimants
would set damages for the value of the im-
proved ground and would collect dollar tor dol
lar. money which the government had eX-
pended on the property, which would be a
shame to Congress and the President.
THE KtDWELL CLAIM NOT WORTH TALKING
ABOUT.
Mr.. Teller said in case OF condemnation the
value OF the land would be its value at the time
it was first taken by the government. This
whole question was being too much dignified.
The land officer had no more right to issue
title to the United States Capitol. 1t was not
worth talking about. 1t would be trifiing to let
great work stop and suffer because OF a vague
and worthless Claim. He favored proceeding
without regard to it.
MIR. Edmunds said the engineer in charge
had informed the committee That the $500, 600
could be aovantageously expended without
touching the disputed ground. The restriction
could do no harm, for ii the cloud to the title
were cleared away the restriction would not ap-
ply; and If a decision adverse to the govern
ment should be rendered then the public could
be protected.
Mr.. Ransom would rather sec the proviso
omitted, but agreed that it was better to pro-
tect the government. He said the ATTORNEY
General had decided that there Is no difficulty
about the title.
A WORTHLESS CLAIM.
Mr.. Teller had examined analogous cases
and he pronounced the claim not worth the
paper on which it, was written.
Mr.. Edmunds said there was q patent, and
the danger was that In case of q legal contest
the government would have to attack it with
amrmative evidence. 1t was that danger he
Mr.. Teller said it was not q patent; it was q
Siam pfetense, and would not be admitted into
any court.
THE RESTRICTION AMENDMENT ADOPTED
The committee amendment restricting the
expenditure Of any money on any part in dis
CapitoI Topics.
MRS. CLEVELAND AT THE CAPITOL
Mrs. Cleveland paid her first visit to the
House gallery this morning. She occupied
seat in the Executive gallery, and was accom-
Eads. The party remained about twenty min
utes, and absorbed the attention OF the House
to the neglect of the dull discussion which was
progressing upon the Wisconsin claims amend
ment Many republican members whose seats
being Immediately under the gallery prevented
them from having good view OF Mrs. Cleve-
land, turned democrats for the nOnce, and took
vacant seats upon the democratic side where