Chapter 49

But it does not follow that the other item for fuel and lights should be allowed. I think it should not, on the grounds that the amount was fixed by the Department upon full examination, that there is no special reason shown why the postmaster should have exceeded the expenditures allowed, and that to give the least encouragement to postmasters that these allowances would be upon their application revised and increased by Congress would lead to demoralization in the service.

It appears that the allowance made to this officer for fuel and lights was increased October 1, 1883, and although the claim now made on this account embraces the period from July 1, 1883, to September, 1885, nothing was asked for fuel or lights in the bill presented to Congress for this beneficiary's relief in 1884.

It should not have been tacked upon the bill now presented.

GROVER CLEVELAND.

EXECUTIVE MANSION, _August 27, 1888_.

_To the Senate_:

I return without approval Senate bill No. 288, entitled "An act for the erection of a public building at Sioux City, Iowa."

On the 19th day of June, 1886, I was constrained to disapprove a bill embracing the same subject covered by the bill herewith returned. Further investigation on the second presentation of the matter fails to convince me that $150,000 should be expended at present for the erection of a public building at Sioux City.

From all the representations that are made in an effort to show the necessity for this building I gather that the only two purposes for which the Government should furnish quarters at this place are a term of the United States court not specially crowded with business and the post-office, which, though perhaps crowded, I am sure can get on very well for a time without a larger public building.

As far as the court is concerned, it was agreed when a term was located there in 1882 that it might be held in the county building, which from the description furnished me seems to be entirely adequate for the purpose and very well arranged. The term held in October, 1887, was in session for nine days.

I am decidedly of the opinion that if a public building is to be located at Sioux City it had better be delayed until a better judgment can be formed of its future necessity and proper size.

I see some of the parties interested have such confidence in the growth and coming needs of the place that in their opinion the work ought not to be entered upon with a less appropriation than $500,000.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 1, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 9363, entitled "An act granting a pension to Edwin J. Godfrey."

The beneficiary named in this bill enlisted on the 27th day of May, 1861, in a New Hampshire regiment, and less than three months thereafter was discharged on a surgeon's certificate of his disability occasioned by "disease of heart existing prior to enlistment."

In 1881, twenty years after discharge, the beneficiary applied to the Pension Bureau for a pension, and alleged that his disease of the heart was the result of fatigue and overheating at Bull Run, Virginia, July 21, 1861.

If the heart disease of which the discharged soldier complained in 1861, and which the claimant of a pension in 1881 alleged still continued, could have been caused by fatigue and overheating in the only battle of his brief service, it seems to me that its manifestations and symptoms a month afterwards could not have been mistaken for such as belonged to a much longer continuance of the disease.

I am fully satisfied that the surgeon was not mistaken who made the certificate upon which the beneficiary was discharged, and that his military service is not properly chargeable with any disability he may have incurred.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 1, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 5155, entitled "An act granting a pension to John S. Bryant."

The man for whom this pension is proposed never, so far as I can learn, did a single day's actual military service at the front, nor ever left in such service the State in which he was enlisted.

He enlisted December 7, 1863, in a Maine regiment; on the 16th day of the same month he is marked as a deserter, having failed to report after leave of absence; December 31, 1863, he is reported sick in hospital at Augusta, Me.; January 26, 1864, he is marked as having deserted from Camp Keyes, at Augusta, Me.

He was discharged January 14, 1865, for disability occasioned, as the surgeon's certificate declares, "by a fall from a wagon while at home on a furlough, December 22, 1863." The certificate continues as follows:

Never has done a day's duty. Is utterly worthless and unfit for the Veteran Reserve Corps.

After his discharge the second charge of desertion was removed, and the first charge does not seem to be serious. But he was injured while home on a furlough, his regiment still being in camp within the State of his residence; and although there are cases in which it seems not improper that pensions should be granted for injuries sustained during furlough and before actual return to duty, this does not appear to me to be one of them.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 6, 1888_.

_To the House of Representatives_:

I herewith return without approval House bill No. 2507, entitled "An act granting a pension to Russel L. Doane, of Peck, Sanilac County, Mich."

It is proposed by this bill to pension the beneficiary therein named as the dependent father of the late Demster Doane, late Company D, Thirty-fifth New York Volunteers.

The only information I have concerning this case is furnished by the report of the committee of the House to whom the bill was referred. There is nothing alleged in the report except that Demster Doane, who was a second lieutenant in the company and regiment named, died at Peck, Mich., on the 22d day of September, 1881, and that the deceased up to the time of his death supported his father, the claimant, who is now over 81 years of age, incapable of manual labor, and destitute of the means of support.

There is no intimation that the death of the son sixteen years after the close of the war was caused or in any way related to his military service. I do not understand that it has ever been claimed that a parent should be pensioned for the death of a son who had been in the Army unless his death could be traced in some way to his army service.

While this case is probably one where the exercise of generosity would be pleasant and most timely to the recipient, I can not think that such a precedent should be established.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 9372, entitled "An act granting a pension to John Dean."

The beneficiary named in this bill was mustered into the service of the United States February 25, 1863. He never went to the front, but while in camp at Staten Island, on the 21st day of April, 1863, was granted a pass for forty-eight hours, and on account of sickness did not again rejoin his company or regiment. The charge of desertion made against him has been removed. The Surgeon-General's report shows that he was treated at quarters on Staten Island in April, 1863, for syphilis, rheumatism, and debility.

He was admitted to Charity Hospital, Blackwells Island, New York Harbor, August 5, 1863, and discharged November 18, 1863. He was admitted to the Ladies' General Hospital in New York December 1, 1863, and was discharged from the service for disability April 7, 1864.

The discharge was granted, as stated by the surgeon of volunteers in charge of the hospital, "because of sloughing of both corneas from inflammation contracted while absent without leave, having received a forty-eight-hour pass from his regiment April 15, 1863, then stationed on Staten Island. He lost his sight in August, 1863, while absent without leave. Unfit for Invalid Corps. Admitted to this hospital December 1, 1863. Not a case for pension."

A claim for pension was filed by the beneficiary at the Pension Bureau in March, 1877, alleging that on or about April 1, 1863, he suffered from chronic rheumatism and sore eyes, occasioned by exposure and illness contracted in camp.

It will be observed that no affection of the eyes is mentioned in the record of his treatment in quarters.

The claimant was examined by the New York City board of surgeons in June, 1878, and no rheumatism was found to exist. He is now blind, and while his case is certainly a pitiable one I am forced to the belief that the conclusions reached in 1879 upon his application, that his disease was contracted while absent without leave and that his disability was due to syphilis, were correct.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 217, entitled "An act granting a pension to C.T. Maphet."

This beneficiary enlisted August 1, 1863, and was discharged January 27, 1865, for disability.

The commander of the post certifies:

This soldier says that he was first affected with the present disease, conjunctivitis, in the spring of 1862, since which time his eyes have never been well, and for a great portion of the time since enlistment he has been unfit for duty.

The certificate of the surgeon is as follows:

Incapacitated by reason of long-standing conjunctivitis of both eyes, attended with partial opacity of the cornea. Disability existed prior to enlistment, consequently soldier is ineligible to the Veteran Reserve Corps.

The beneficiary filed no application for pension until April, 1883.

Notwithstanding some evidence of soundness prior to enlistment, it seems to be quite well established that the trouble with his eyes was not the result of his military service, but existed before enlistment.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 5503, entitled "An act granting a pension to Charles Walster."

This case has been very exhaustively examined by the Pension Bureau upon the application for a pension filed there by the beneficiary named in this bill. Upon a review of the evidence taken it appears to be well established that any disability of the beneficiary heretofore existing was no attributable to his military service.

In addition to this a board of pension surgeons, as late as July, 1886, determined, after a thorough medical investigation, that no pensionable disability existed.

It thus appears that even if this bill were approved there could be no rating, and the legislation would be of no advantage to the beneficiary named.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 333, entitled "An act granting a pension to Catharine Bussey."

It does not appear that the husband of this beneficiary ever applied for a pension. He was discharged from the Volunteer Army on the 9th day of December, 1864, after a service of more than three years.

He was found dead on a railroad track on the 11th day of June, 1870, apparently having been struck by a passing train.

It is claimed that the deceased suffered a sunstroke while in the Army, which so affected his mind that he wandered upon the railroad track and was killed in a fit of temporary insanity.

Though it would be gratifying to aid his widow, I do not think these facts are proven or can be assumed.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 5525, entitled "An act granting a pension to Mrs. Jane Potts."

The husband of this beneficiary enlisted in 1861 and was mustered out of the service in April, 1865.

He was taken prisoner by the enemy and endured for a long time the hardship of prison life.

He never applied for a pension, though undoubtedly his health suffered to some extent as the result of his imprisonment.

The beneficiary married the soldier in 1871.

He conducted his business affairs, managed his farm, and accumulated property up to the year 1880, when by a decree of court he was adjudged insane, caused by sickness as far as was known, and that his disease was hereditary.

It also appears that his mother and sister had periods of insanity.

He committed suicide in 1882 by drowning.

The beneficiary, his widow, filed a claim for pension in 1885, claiming that the insanity which caused him to commit suicide resulted from the hardships of prison life.

Upon this application the facts of the case have been thoroughly examined. Two witnesses indicate that domestic trouble was the cause of the soldier's suicide. Another says that his wife (the beneficiary) was a pretty rough woman--a hard talker--and that the soldier often consulted him about the matter, and said it was hard to live with her. This witness adds that he does not believe that the soldier would have committed suicide if she had not abused him till he could not longer endure it.

The special examiner, in summing up the proof, says in his report:

The general opinion in the community is to the effect that his wife drove him to commit suicide rather than to live with or to obtain a divorce from her. Her reputation is that of a virago.

This kind of evidence, while not perhaps determining the case, reconciles me to the conclusion, which seems inevitable from other facts developed, that the military service and prison experience of the deceased were in no manner connected with his death.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 7717, entitled "An act granting a pension to Mrs. Catharine Reed."

The husband of this beneficiary served in the Army from July 25, 1862, to October 16, 1862, when he was discharged for disease of the lungs. He was pensioned for hernia and disease of the lungs.

On the 23d day of November, 1880, while working in a sawmill, a piece of board was thrown from a buzz saw and struck him in the groin, causing a wound from which he died two days afterwards.

It is impossible to connect this injury and the resulting death with the disability for which he was pensioned.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 7, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 4855, entitled "An act granting a pension to Jacob Newhard."

The records show that this beneficiary was mustered into the service August 20, 1862, as a lieutenant; that on the return for November, 1862, he is reported as "absent without leave--left hospital at Louisville." He was treated for hemorrhoids in the hospital at Nashville from December 12 to December 23, 1862, when, having served a few days more than four months, he tendered his resignation upon the ground of disability and procured the following surgeon's certificate, upon which his resignation was based:

Lieutenant Jacob Newhard having applied for a certificate upon which to ground a resignation, I do hereby certify that I have carefully examined this officer and find him suffering from hemorrhoids, * * * and in consequence thereof is, in my opinion, unfit for duty. I further declare my belief that he will not be fit for the duties of a soldier in any future time, having already been afflicted twelve years, as he asserts.

On the 14th day of February, 1880, nearly eighteen years after his resignation, the beneficiary filed his claim for pension based upon hemorrhoids, the result of diarrhea and fever.

He denied upon this application that he was unsound prior to enlistment, and filed evidence to support his denial. One of the witnesses, a surgeon, who testified to incurrence of disability in the service, on a special examination stated that he so testified, having satisfied himself of the fact by personal interviews with the beneficiary.

I do not think in the circumstances surrounding this case that the beneficiary should at this late day be permitted to impeach and set aside the medical certificate procured by himself and containing his own statements, upon which he secured exemption from further military service.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 13, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 6371, entitled "An act granting a pension to Jesse M. Stilwell."

On the 6th day of May, 1885, twenty years after this beneficiary was discharged from the Army, he filed an application in the Pension Bureau for a pension, alleging that in December, 1863, one year and eight months before his discharge, a comrade assaulted him with a stick while he was sitting in front of his tent preparing for bed and injured his back. He alleged that the assault was unprovoked and unexpected.

The claim was rejected upon the facts stated, upon the ground that any injury incurred was not the result of military duty.

Unless the Government is to be held as an insurer against injuries suffered by anyone in the military service, no matter how incurred, and also as guarantor of the good and peaceable behavior toward each other of the soldiers at all times and under all circumstances, this is not a proper case for the allowance of a pension.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 24, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 8310, entitled "An act provide for the disposal of the Fort Wallace Military Reservation, in Kansas."

This bill provides that a portion of this reservation, which is situated in the State of Kansas, shall be set apart for town-site purposes, and may be entered by the corporate authorities of the adjoining city of Wallace.

The second section of the bill permits the Union Pacific Railroad Company to purchase within a limited time a certain part of the military reservation, which is particularly described, at the rate of $30 per acre.

I am informed that this privilege might, by reason of a faulty description of the lands, enable the railroad company to purchase at the price named property in which private parties have interests acquired under our laws.

It is evident that the description of the land which the railroad company is allowed the option of purchasing should be exact and certain for the interest of all concerned.

Section 4 of the bill grants a certain portion of the military reservation heretofore set apart by the military authorities as a cemetery to the city of Wallace for cemetery purposes.

There should, in my opinion, be a provision that no bodies heretofore interred in this ground should be disturbed, and that when the same is no longer used as a cemetery it should revert to the Government.

GROVER CLEVELAND.

EXECUTIVE MANSION, _September 24, 1888_.

_To the House of Representatives_:

I am unable to give my assent to a joint House resolution No. 14 and entitled "Joint resolution to authorize the Secretary of the Interior to certify lands to the State of Kansas for the benefit of agriculture and the mechanic arts," and I therefore return the same with a statement of my objections thereto.

By an act of Congress passed July 2, 1862, certain public lands were granted to such of the several States as should provide colleges for the benefit of agriculture and the mechanic arts.

Under the terms of this act the State of Kansas was entitled to 90,000 acres of land, subject, however, to the provisions of said statute, which declared that when lands which had been raised to double the minimum price, in consequence of railroad grants, should be selected by a State such lands should be computed at the maximum price and the number of acres proportionately diminished.

Of the lands selected by the State of Kansas, and which have been certified, 7,682.92 acres were within certain limits of a railroad grant, and had therefore been raised to the double minimum in price, so that the number of acres mentioned and thus situated really stood for double that number of acres in filling the grant to which the State of Kansas was entitled.

It is now claimed that after the selection of these lands the route of said railroad was abandoned and another one selected, and that in consequence thereof such lands included within its first location were reduced to the minimum price and restored to public market at that rate. It is supposed upon these allegations that justice and equity require that an additional grant should now be made to the State of Kansas from the public lands equal to the number of acres selected within the limits of the first railroad location.

But an examination discloses that the joint resolution is predicated upon an entire misunderstanding of the facts.

The lands heretofore mentioned as amounting to more than 7,000 acres, selected by the State of Kansas, and charged at double that amount because their price had been raised to the double minimum in consequence of their being within a railroad location, have all except 320 acres remained either in the new or old railroad location up to the present time, and if now vacant would be held by the Government at the double minimum price.

It seems clear to me that the State of Kansas has been granted all the public land to which it can lay any legal or equitable claim under the law of 1862.

GROVER CLEVELAND.

EXECUTIVE MANSION, _October 10, 1888_.

_To the Senate_.

I herewith return without approval Senate bill No. 2201, entitled "An act for the relief of Laura E. Maddox, widow and executrix, and Robert Morrison, executor, of Joseph H. Maddox, deceased."

An act of Congress approved July 2, 1864, provided among other things that the Secretary of the Treasury, with the approval of the President, might authorize agents "to purchase for the United States any products of States declared in insurrection, at such price as should be agreed on with the seller, not exceeding the market price thereof at the place of delivery."

Under the authority of said act the Secretary of the Treasury, with the approval of the President, prescribed rules and regulations to govern the transactions thus permitted, and appointed one H.A. Risley an agent to act for the United States in making such purchases.

On or about the 13th day of November, 1864, said Risley entered into a written contract with Joseph H. Maddox and two other parties, whereby the latter agreed to sell and deliver to Risley as such agent, at Norfolk or New York, 6,000 boxes of tobacco, 350 barrels of turpentine, and 700 barrels of rosin. It was also agreed that all products transported under the contract should be consigned to said Risley as agent and shipped on a Government transport, or, if not so shipped, should be in the immediate charge of an agent of Risley's, whose compensation and expenses should be paid by the sellers. Said products were to be sold in New York or Baltimore under Risley's direction, and one-fourth of the proceeds, after deducting certain expenses, costs, and charges, were to be retained for the United States and three-fourths paid to Maddox and his associates. It was expressly provided in said contract as follows:

Nothing in this contract contained shall be construed as incurring any liability on behalf of the United States.

It appears that Maddox, very soon after the contract was made, acquired all the interest of his associates therein.