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Chapter XX: Section 6: of the amended Chinese immigration act of 1884 purports to (15)

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I have listened to an unusual amount of personal representation in favor of this bill from parties whose desires I should be glad to meet on this or any other question; but none of them have insisted that there is any present governmental need of the proposed new building even for postal purposes. On the contrary, I am informed that the post-office is at present well accommodated in quarters held under a lease which does not expire, I believe, until 1892. A letter addressed to the postmaster at Youngstown containing certain questions bearing upon the necessity of a new building failed to elicit a reply. This fact is very unusual and extraordinary, for the postmaster can almost always be relied upon to make an exhibit of the great necessity of larger quarters when a new public building is in prospect.

The fact was communicated to me early in the present session of the Congress that the aggregate sum of the appropriations contained in bills for the erection and extension of public buildings which had up to that time been referred to the House Committee on Public Buildings and Grounds was about $37,000,000.

Of course this fact would have no particular relevancy if all the buildings asked for were necessary for the transaction of public business, as long as we have the money to pay for them; but inasmuch as a large number of the buildings proposed are unnecessary and their erection would be wasteful and extravagant, besides furnishing precedents for further and more extended reckless expenditures of a like character, it seems to me that applications for new and expensive public buildings should be carefully scrutinized.

I am satisfied that the appropriation of $75,000 for a building at Youngstown is at present not justified.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 28, 1888_.

_To the Senate_:

I return without approval Senate bill No. 1237, entitled "An act granting a pension to Anna Mertz."

The beneficiary named in this bill is the widow of Charles A. Mertz, who served in the Army as captain from April, 1862, to June, 1863, when he resigned on account of impaired health. It is stated in the committee's report that after his return from the Army he worked occasionally at his trade, though subject to attacks of very severe diarrhea, accompanied with acute catarrhal pains in the head and face, which he constantly attributed to his army service.

It is alleged that he had several times taken morphine, under medical advice, to allay pain caused by these attacks.

He did not apply for a pension.

On the 1st day of December, 1884, more than twenty-one years after his discharge from the Army, he died from an overdose of morphine self-administered, for the purpose, it is claimed, of alleviating his suffering.

I do not think that in this case the death of the soldier was so related to his military service as to entitle his widow to a pension.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 28, 1888_.

_To the Senate_:

I return without approval Senate bill No. 820, entitled "An act granting a pension to David A. Servis."

The beneficiary named in this bill enlisted August 14, 1862, and was discharged June 8, 1865.

It is alleged that about the month of January, 1863, a comrade, by way of a joke, put powder into a pipe which the beneficiary was accustomed to smoke and covered it with tobacco, so that when he lighted it the powder exploded and injured his eyes. The report of the Senate committee states that it does not appear that "any notice was taken of this wanton act of his tent mate."

There is no mention of any disability or injury in the record of the soldier's service. He seems to have served nearly two years and a half after the injury. He filed an application for a pension in May, 1885, more than twenty-two years thereafter.

Whatever may be the extent of the injury sustained, in regard to which the evidence is apparently quite meager, I can not see that it was such a result of military service as to entitle the applicant to a pension.

The utmost liberality to those who were in our Army hardly justifies a compensation by way of pension for injuries incurred in sport or pastime or as the result of a practical joke.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 28, 1888_.

_To the Senate_:

I return without approval Senate bill No. 835, entitled "An act for the relief of Elisha Griswold."

The beneficiary named in this bill, which awards him a pension, enlisted in January, 1864, and was discharged February 12, 1866.

His claim for pension, as developed in the report of the Senate Committee on Pensions, is based upon the allegation that in January, 1866, he fell from a swing which had been put up in the building occupied as a barrack and struck on his head and shoulder.

The committee report in favor of the bill upon the grounds that the soldier was injured "while engaged in recreation" and that "such recreation is a necessary part of a soldier's life."

The beneficiary filed an application in January, 1880, and in support of such application he filed on the 16th day of July, 1886, an affidavit in which he testifies that at the time of the injury he was in prison at San Antonio, Tex., upon charges the character of which he could not ascertain, and that the swing from which he fell was erected by himself and others for pastime and exercise.

It will be seen that the injury complained of is alleged to have been sustained less than a month before his discharge. There is, however, no record of any disability.

His claim based upon this injury was, in my opinion, properly rejected as having no connection with his military service, and I think the facts in his case as herein detailed do not justify the award of a pension to him by special enactment.

On the 23d day of March, 1888, after the introduction of the bill herewith returned, the beneficiary, apparently having abandoned the claim upon which the bill is predicated, filed another application for a pension in the Pension Bureau, alleging that he contracted diarrhea and malarial poisoning in the service. This application is still pending.

GROVER CLEVELAND.

EXECUTIVE MANSION, _May 29, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 1275, entitled "An act for the erection of a public building at Columbus, Ga., and appropriating money therefor."

The city of Columbus, Ga., is undoubtedly a thriving, growing city. The only present necessity for a public building there is for the accommodation of its post-office. It is stated in the report of the House committee that the gross revenues of the office for the year ending June 30, 1887, were $16,700. The postmaster, in a letter upon the subject, makes the following statement:

I estimate the gross receipts at $17,500 for the fiscal year ending
March 31, which will be an increase of nearly 7 per cent over last
year's receipts.

There are nine persons employed in the post-office at present, including the postmaster. The present quarters are leased by the Government at an annual rent of $900. The postmaster represents that his accommodations are not adequate or convenient, and that instead of a space of 1,900 square feet, which he now has, he should be provided with 2,500 square feet.

The population of the city in 1880 was 10,123. It is claimed that it is now about 20,000.

In my opinion the facts presented do not exhibit the necessity of the expenditure of $100,000 to afford the increased room for the post-office which may be desirable. I believe a private person would erect a building abundantly sufficient for all our postal needs in that city for many years to come for one-third of that sum.

Business prudence and good judgment seem to dictate that the erection of the proposed building should be delayed until its necessity is more manifest, and so that it can be better determined what expenditure for such a purpose will be justified by the continued growth of the city and the needs of the Government.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 5, 1888_.

_To the House of Representatives_:

I return herewith without approval House bill No. 4467, entitled "An act for the erection of a public building at Bar Harbor, in Maine."

The entire town within which Bar Harbor is situated contained in 1880 1,639 inhabitants, as appears by the census of that year.

There is no pretense that there is any need of a public building there except to accommodate the post-office.

This is a third-class office, and the Government does not pay the rent for offices of that class. The gross receipts of the office for the year ended June 30, 1887, are reported by the Postmaster-General at $5,337. The postmaster reports that he employs five clerks in the summer and three in the winter. The fact that Bar Harbor is a place of very extensive summer resort makes its population exceedingly variable, and during a part of the year it is quite likely that the influx of pleasure seekers may make a more commodious post-office desirable, though there does not seem to be much complaint of present inconvenience.

The postmaster pays a rent of $500 per annum for his present quarters.

The amount appropriated by the bill is quite moderate, being only $25,000, but the postmaster expresses the opinion that a proper site alone would cost from twenty to thirty thousand dollars.

I am decidedly of the opinion that if a public building is to be erected at this place, of which at present there appears to be no necessity, it should be done under a system which will not give the post-office and the postmaster there an advantage over others of their class.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 5, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 1394, entitled "An act authorizing the Secretary of the Treasury to purchase additional ground for the accommodation of Government offices in Council Bluffs, Iowa."

A new public building at Council Bluffs will be completed in a short time. The ground upon which it is located has a frontage of 192 feet and a depth of 106 feet and 10 inches. The proposition is to add 30 feet to its depth. The act under which this building has been thus far constructed provides that the ground purchased therefor shall be of such dimensions as to leave the building unexposed to fire by an open space of at least 40 feet, including streets and alleys. The building is located on land now belonging to the Government sufficient in size to comply with this provision, and in point of fact more than the open space required is left on all sides of the same. There is no pretense that any enlargement of the building is necessary or contemplated.

The report of the committee to which this bill was referred in the House simply states that "the grounds on which said building is situated are inadequate for its proper accommodation and safety."

If this is so, I can see no reason why additional ground should not be purchased for "the proper accommodation and safety" of a large proportion of the public buildings completed and in process of erection, since the provision that there shall exist 40 feet of open space on all sides is, I think, contained in all the bills authorizing their construction. In this view the proposed legislation would establish a very bad precedent.

It is provided in the bill that the additional 30 feet mentioned shall be purchased for a sum not to exceed $10,000. The adjoining 106 feet and 10 inches, located on the corner of two streets, were purchased in the year 1882 by the Government for $15,000. The permission to purchase this addition at a price per foot greatly in excess of that already owned by the Government seems so unnecessary, except to benefit the owner, that I am of the opinion it should not be granted.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 5, 1888_.

_To the Senate_:

I return without approval Senate bill No. 739, entitled "An act granting a pension to Johanna Loewinger."

The husband of the beneficiary named in this bill enlisted June 28, 1861, and was discharged May 8, 1862, upon a surgeon's certificate of disability. He was pensioned for chronic diarrhea. He died July 17, 1876. A coroner's inquest was held, who found by their verdict that the deceased came to his death "from suicide by cutting his throat with a razor, caused by long-continued illness."

This inquest was held immediately after the soldier's death, and it appears that the case was fully investigated, with full opportunities to discover the truth. Upon the verdict found, in the absence of insanity caused by any disability, it can hardly be claimed that his death was caused by his military service. The attempts afterwards to impeach this verdict and introduce another cause of death do not seem to be successful.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 12, 1888_.

_To the Senate_:

I return without approval Senate bill No. 1772, entitled "An act for the relief of John H. Marion."

It is proposed by this bill to relieve the party named therein from an indebtedness to the Government amounting to $1,042.45, arising from the nonfulfillment of a contract made by him in 1884 with the Government, by which he agreed to furnish for the use of the Quartermaster's Department a quantity of grama hay.

The contractor wholly failed to furnish the hay as agreed, and thereupon the Government, pursuant to the terms of the contract, obtained the hay in other quarters, paying therefor a larger sum by $1,042.45 than it would have been obliged to pay the contractor if he had fulfilled his agreement. This amount was charged against the contractor.

It is alleged that the crop of the particular kind of hay which was to be furnished under the contract failed the season in which it was to be supplied on account of drought, and that thus performance became impossible on the part of the contractor.

Between individuals no injustice could be claimed if the contractor in such circumstances should be held to have taken the chances of the crop; and if an equitable adjustment should be suggested in such a case as is here presented it would hardly be asked that the party suffering from the default or failure of the other should sustain all the loss.

It seems that the contractor was the proprietor of a newspaper in Arizona, and that he did some printing for the Government besides agreeing to furnish hay to the Quartermaster's Department. After the ascertainment of the loss to the Government arising out of the hay transactions, certain accounts for printing presented by the contractor were credited against the amount of such loss charged against him. In this way his debt to the Government has been reduced more than $700. The proposed legislation would cause to be paid to the contractor the sums so retained for printing and to relieve him from the remainder of the Government's claims.

Inquiry at the Quartermaster-General's Office fails to substantiate the allegation that there is any understanding when such contracts are made that their performance is to be at all relaxed by the failure of the crop.

There really seems to be no good reason why the contractor should not make good the entire loss consequent upon his default. If, however, strict rights are to be relinquished and the liberality of the Government invoked, it should not be taxed beyond the limit of sharing the loss with the delinquent. This result would be accomplished by discharging the remainder of the contractor's debt after crediting the bills for printing above referred to.

The Government is obliged in the transaction of its business to make numerous contracts with private parties, and if these contracts are to be of any use or protection they should not be lightly set aside on behalf of citizens who are disappointed as to their profitable nature or their ability to perform them.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 12, 1888_.

_To the Senate_:

I return without approval Senate bill No. 1017, entitled "An act granting a pension to Stephen Schiedel."

The beneficiary named in this bill served in the First Regiment Missouri Light Artillery from October 24, 1861, to October, 1864. There is no record of any injury or disability while in the service.

In March, 1880, sixteen years after his discharge, he filed an application for a pension, alleging that about June, 1862, while carrying logs to aid in building quarters, a log slipped and fell upon a lever, which flew up and struck him, injuring his back and shoulder.

He furnished the testimony of two witnesses tending to support his statement of the manner in which he was injured, but upon investigation this evidence was found to be unreliable.

Medical examinations failed to disclose any disability from the cause alleged, but do tend to show that he was disabled since his discharge by an injury to his right hand and arm and some rheumatic trouble.

It is not claimed that he incurred any disability from rheumatism while in the Army. It appears distinctly that he was wounded in the right wrist and arm while firing a cannon at the village of Hamburg, Erie County, N.Y., on the 4th day of July, 1866. The doctor who testifies to this injury and who dressed the wound negatives any other illness before the accident.

Even if he has, since his discharge, suffered from rheumatism, he does not claim that this was incurred in the Army. He bases his right to a pension entirely upon an injury which he particularly describes, and which the medical examination does not sustain. It will be observed, too, that he continued his military service for two years and four months after the date of his alleged injury. It seems hardly possible that he could have done this if he had been injured in the manner he alleges.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 18, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 3959, entitled "An act granting a pension to Dolly Blazer."

The husband of the beneficiary named in this bill was apparently a good soldier and was confined for a time in a Confederate prison. He was mustered out of the service in June, 1865, and never applied for a pension.

He died in 1878, leaving as survivors his widow and several children, two of whom are alleged to be still under 16 years of age.

The cause of the soldier's death was yellow fever. There is in my mind no doubt of this fact, and the attempt to establish any other cause of death, if successful, would go far toward fixing a precedent for the rejection of all evidence which stood in the way of a claim for pension.

The bill herewith returned is disapproved for the reason that the death of the soldier had no relation to his military service, and I do not think there should be a discrimination in favor of this applicant and against many thousands of widows fully as well entitled.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 18, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 5522, entitled "An act for the relief of Elijah Martin."

By this bill it is proposed to increase the pension now paid to the beneficiary therein named, who was a soldier in the War of 1812, from $8 to $20 per month.

Prior to May 22, 1888, an application was made for reimbursement of the expenses attending the last sickness and burial of this pensioner, and on the day mentioned such application was transmitted to the proper auditing officer for adjustment.

I have no other information of the death of this soldier, but as his age is stated in the report of the House committee to be 87 years, and as there can hardly be a mistake as to the identity of the person named in the application mentioned, I am satisfied that the beneficiary has died since the introduction of the bill for his relief.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 19, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 488, entitled "An act granting a pension to Elizabeth Burr."

It is proposed by this bill to grant a pension to the beneficiary therein named as the widow of William Burr, who enlisted for one hundred days in 1864 and was discharged on the 3d day of September in that year.

He is reported as present on all roll calls during his service. He died April 7, 1867, of dropsy, never having made any application for a pension.

His widow filed an application for pension in 1880, thirteen years after the soldier's death, alleging that the disease of which he died, claimed to be dropsy, was contracted in the service.

The claim was rejected by the Pension Bureau on the ground that the dropsy causing his death was not due to his military service, but that he was subject to the same before his enlistment.

I am perfectly satisfied that the rejection upon the ground claimed was correct.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 19, 1888_.

_To the Senate_:

I return without approval Senate bill No. 1957, entitled "An act granting a pension to Virtue Smith."

The beneficiary named in this bill is the widow of David M. Smith (incorrectly named David W. Smith in the bill), who served as a bugler in a Minnesota regiment from August 22, 1862, to September 28, 1862, in a campaign against the Sioux Indians.

He received a gunshot wound in the right elbow, for which in 1867 he was granted a pension of $6 a month, which was very soon thereafter increased to $8, and in August, 1875, said pension was further increased to $10 a month, which he received to the date of his death.

He died in the city of Washington on the 22d day of January, 1880.

He obtained a position in the Second Auditor's Office of the Treasury Department in 1864, and worked steadily there until about six months before his death.

Medical examinations had from time to time up to 1877 seem to have found him in excellent physical condition except the wound in his right elbow, which caused stiffness, and an injury to his left forearm not received in the Army.

In 1879 he was examined by a physician of this city who stands among the best in the profession, and found in the last stages of consumption, and this physician declares he died from that cause. A female physician certified that the cause of death was "wounds in the Army."

The pensioner was 64 years old at the time of his death.

I am perfectly satisfied from the medical testimony and from other facts connected with this case that the death of the husband of the beneficiary was in no manner related to his military service.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 22, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 3016, entitled "An act granting a pension to Mary F. Harkins."

The husband of this beneficiary was discharged from the military service in 1865, and was pensioned for a gunshot wound in the right foot at the rate of $6 per month.

He died in 1882, seventeen years after his discharge, "from rupture of the heart, caused by the bursting and parting of the fibers of the right ventricle."

The claim is now made that the death was the result of the wound in the foot.

An application to the Pension Bureau was rejected on the ground that the death cause was not the result of the wound.

I am satisfied that this was a just conclusion.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 22, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 600, entitled "An act increasing the pension of Mary Minor Hoxey."

The husband of the beneficiary named in this bill was, while on military duty, wounded in the left hand and afterwards in the thigh. He was pensioned in 1871 on account of these wounds, and in 1879 was allowed arrearages from time of his discharge. He died in December, 1881, of consumption, being at that time in the receipt of a pension at the rate of $17 per month.

In 1884 his widow was allowed a pension at the same rate, with $2 a month each for two minor children. The children have now attained the age of 16 years, but the widow still receives the pension awarded to her, which is the same as that allowed to all widows of her class.

I discover no reason of any substance why this pension should be increased, and if it should be done it would only be a manifestation of unjust favoritism.

I can not forget the thousands of poor widows with claims superior to this beneficiary, but with no interested friends to push their claims for increase of pension, who would be discriminated against if this proposed bill becomes a law.

It seems to me that there is a chance to do injustice by unfair caprice in fixing the rates of pension, as well as by refusing them altogether when they should be granted.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 22, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 8281, entitled "An act for the relief of Lieutenant James G.W. Hardy."

It is proposed by this bill to award a pension to the beneficiary above named.

In the month of January, 1864, he was on recruiting service in the State of Indiana. On the 15th day of that month he was traveling between Indianapolis and Lafayette in a railroad car, and he alleges that he raised a window of the car to obtain air, and placed his arm on the window sill, when it was struck by something from the outside and one of the bones of his arm broken.

In February, 1865, he resigned on account of disability caused by the accident above mentioned, the medical certificate then stating that he had a fracture of the right humerus of ten months' standing which had not been properly adjusted.

He made an application for a pension to the Pension Bureau, which was rejected.

Although it is stated in a general way that he was traveling on business connected with his recruiting service at the time of his injury, he has given no information as to the precise purpose of his journey; and it is conceded that he was guilty of such negligence that he had no right of action against the railroad company.

It also appears by the medical certificate upon which his resignation was permitted that the fracture, not necessarily serious, was never properly treated. It seems, too, that he remained in the service ten months after the injury.

I am unable to discover why a pension should be granted in this case, unless the Government is to be held as an insurer of the safety of every person in the military service in all circumstances and at all times and places.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 22, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 8174, entitled "An act granting a pension to Ellen Sexton."

The husband of the beneficiary served in the Union Volunteer Army from October, 1862, to June, 1864, having been during the last seven months of his service in the Veteran Reserve Corps. He was discharged for a disability which, to say the least of it, certainly had no relation to his military service, unless the Government is to be held responsible for injury arising from vicious indulgence.

He died in the city of Cork, Ireland, May 29, 1875, of consumption, certified by the health authorities there to have been of seven years' duration.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 22, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 2215, entitled "An act granting a pension to Charles Glamann."

This beneficiary served in an Illinois regiment from September, 1864, to July, 1865, and his record shows no injury or sickness except an attack of remittent fever.

He filed a claim for pension in 1880, alleging that he was struck accidentally with a half brick by a comrade and injured in his left arm.

There is no doubt that whatever disability he thus incurred was the result of a personal altercation between himself and the man who threw the brick.

The extent to which the power to grant pensions by special act has been made to cover all sorts of claims is illustrated by the fact that, in the light of many pensions that have been allowed, this case, though presenting an absurd claim, does not appear to be much out of the way. The effect of precedent as an inducement to increase and expand claims and causes for pensions is also shown by the allegation in the report of the House committee, as follows:

Your committee and Congress have, however, frequently relaxed the rule,
and granted pension for injuries and disabilities incurred in such
circumstances.

I believe that if the veterans of the war knew all that was going on in the way of granting pensions by private bills they would be more disgusted than any class of our citizens.

GROVER CLEVELAND.

EXECUTIVE MANSION, _June 26, 1888_.

_To the Senate_:

I return without approval Senate bill No. 845, entitled "An act granting a pension to the widow of John A. Turley."

The husband of this beneficiary belonged to a Kentucky regiment of volunteers, and in 1863, having been in camp and on leave of absence, he and others of the regiment embarked on a steamboat, in charge of a lieutenant, to be taken to Louisville, whither they had been ordered.

While on the steamboat an altercation arose between two of the soldiers, and the deceased interfered to prevent, as is alleged, an affray. By so doing he was pushed or struck by one of the parties quarreling and fell upon the deck of the boat, striking his head against a plank, thus receiving a fatal injury.

It is quite clear to me that the death of this soldier was not the result of his military service. His presence on the boat was in the line of duty, but he had no charge of the rest of the men and was in no degree responsible for them, and whether he should be in any way implicated in the dispute which occurred was a matter entirely within his own control and determined by his own volition. If he had refrained from interference, he would have saved himself and performed to the utmost his military duty.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 5, 1888_.

_To the Senate_:

I return without approval Senate bill No. 432, entitled "An act for the relief of Joel B. Morton."

Calvin Morton, the son of the beneficiary named in this bill, enlisted in the volunteer infantry in 1861, and after his discharge again enlisted in the United States cavalry, from which he was discharged in 1867.

It is alleged by his father that he was killed in the battle with the Indians at Little Big Horn, called the "Custer massacre," June 25, 1876.

His name does not appear in any record of the soldiers engaged in that battle. The casualty records of the affair are reported as very complete, but they contain no mention of any soldier of that name.

His father claims in his application before the Pension Bureau to have had a letter from his son in the fall of 1875, dated at some place in the Black Hills, stating that he was a lieutenant in the army under General Custer, but that the letter was lost. He also alleges that he read an account of the massacre in a newspaper, the name of which he has forgotten, and that his son was there mentioned as among the slain.

The report of the House committee states that the only evidence of the death of this soldier is found in a letter of Anderson G. Shaw, who writes that he was present on the field of the battle mentioned when the killed were buried, and that one of the burial party called a corpse found there Morton's. It is further claimed that the description of this body agreed with that given by the father of his son.

Considering the complete list of the casualties attending this battle now in the War Department, it must be conceded that the death of the son of the beneficiary is far from being satisfactorily established.

The claim of the father is still pending in the Pension Bureau, and perhaps with further effort more information on the subject can be obtained.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 5, 1888_.

_To the Senate_:

I return without approval Senate bill No. 43, entitled "An act granting a pension to Polly H. Smith."

John H. Smith, the husband of the beneficiary named in this bill, enlisted in the Regular Army in 1854 and served until the year 1870.

In 1868 a fistula developed, which was probably the result of quite continuous riding in the saddle. In 1870 he was placed upon the retired list as first lieutenant on account of the incapacity arising from such fistula.

In September, 1885, fifteen years after his retirement, he died suddenly at Portland, Oreg., of heart disease, while attempting to raise a trunk to his shoulder.

I can not see how the cause of death can be connected with his service or with the incapacity for which he was placed upon the retired list.

The application made by the widow for a pension is still pending before the Pension Bureau, and I understand that she or her friends prefer taking the chance of favorable consideration there to the approval of this bill.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 5, 1888_.

_To the Senate_:

I return without approval Senate bill No. 1547, entitled "An act granting a pension to Mary Ann Dougherty."

A large share of the report of the Senate committee to which this bill was referred, and which report is adopted by the committee of the House, as is usual in such cases, consists of a petition signed by Mary Ann Dougherty, addressed to the Congress, in which she states that she resides in Washington, having removed here with her husband in 1863 from New Jersey; that shortly after their arrival in this city her husband, Daniel Dougherty, returned to New Jersey and enlisted in the Thirty-fourth Regiment New Jersey Volunteers; that she obtained employment in the United States arsenal making cartridges, and that while so engaged she was injured by an explosion.

She also states that she had a young son killed by machinery in the navy-yard, and that at the grand review of the Army after the close of the war another son, 6 years old, was stolen by an officer of the Army and has not been heard of since. She further says that her husband left his home in 1865 and has not been heard of since, and that she believes he deserted her on account of her infirmities.

It is alleged in the report that she received a pension as the widow of Daniel Dougherty until it was discovered that he was alive, when her name was dropped from the rolls.

The petition of this woman is indorsed by the Admiral and several other officers of the Navy and a distinguished clergyman of Washington, certifying that they know Mrs. Dougherty and believe the facts stated to be true.

There is no pretense made now that this beneficiary is a widow, though she at one time claimed to be, and was allowed a pension on that allegation. Her present claim rests entirely upon injuries received by her when she was concededly not employed in the military service. If the pension now proposed is allowed her, it will be a mere act of charity.

Her husband, Daniel Dougherty, is now living in Philadelphia, and is a pensioner in his own right for disability alleged to have been incurred while serving in the Thirty-fourth New Jersey Volunteers. Of this fact this beneficiary has been repeatedly informed; and yet she states in her petition that her husband deserted her in 1865 and has not been heard of since.

It is alleged in the Pension Bureau that in 1878 she succeeded in securing a pension as the widow of Daniel Dougherty through fraudulent testimony and much false swearing on her part.

The police records of the precinct in which she has lived for years show that she is a woman of very bad character, and that she has been under arrest nine times for drunkenness, larceny, creating disturbance, and misdemeanors of that sort.

It happens that this claimant, by reason of her residence here, has been easily traced and her character and untruthfulness discovered. But there is much reason to fear that this case will find its parallel, in many that have reached a successful conclusion.

I can not spell out any principle upon which the bounty of the Government is bestowed through the instrumentality of the flood of private pension bills that reach me. The theory seems to have been adopted that no man who served in the Army can be the subject of death or impaired health except they are chargeable to his service. Medical theories are set at naught and the most startling relation is claimed between alleged incidents of military service and disability or death. Fatal apoplexy is admitted as the result of quite insignificant wounds, heart disease is attributed to chronic diarrhea, consumption to hernia, and suicide is traced to army service in a wonderfully devious and curious way.

Adjudications of the Pension Bureau are overruled in the most peremptory fashion by these special acts of Congress, since nearly all the beneficiaries named in these bills have unsuccessfully applied to that Bureau for relief.

This course of special legislation operates very unfairly.

Those with certain influence or friends to push their claims procure pensions, and those who have neither friends nor influence must be content with their fate under general laws. It operates unfairly by increasing in numerous instances the pensions of those already on the rolls, while many other more deserving cases, from the lack of fortunate advocacy, are obliged to be content with the sum provided by general laws.

The apprehension may well be entertained that the freedom with which these private pension bills are passed furnishes an inducement to fraud and imposition, while it certainly teaches the vicious lesson to our people that the Treasury of the National Government invites the approach of private need.

None of us should be in the least wanting in regard for the veteran soldier, and I will yield to no man in a desire to see those who defended the Government when it needed defenders liberally treated. Unfriendliness to our veterans is a charge easily and sometimes dishonestly made.

I insist that the true soldier is a good citizen, and that he will be satisfied with generous, fair, and equal consideration for those who are worthily entitled to help.

I have considered the pension list of the Republic a roll of honor, bearing names inscribed by national gratitude, and not by improvident and indiscriminate almsgiving.

I have conceived the prevention of the complete discredit which must ensue from the unreasonable, unfair, and reckless granting of pensions by special acts to be the best service I can render our veterans.

In the discharge of what has seemed to me my duty as related to legislation, and in the interest of all the veterans of the Union Army, I have attempted to stem the tide of improvident pension enactments, though I confess to a full share of responsibility for some of these laws that should not have been passed.

I am far from denying that there are cases of merit which can not be reached except by special enactment, but I do not believe there is a member of either House of Congress who will not admit that this kind of legislation has been carried too far.

I have now before me more than 100 special pension bills, which can hardly be examined within the time allowed for that purpose.

My aim has been at all times, in dealing with bills of this character, to give the applicant for a pension the benefit of any doubt that might arise, and which balanced the propriety of granting a pension if there seemed any just foundation for the application; but when it seemed entirely outside of every rule in its nature or the proof supporting it, I have supposed I only did my duty in interposing an objection.

It seems to me that it would be well if our general pension laws should be revised with a view of meeting every meritorious case that can arise. Our experience and knowledge of any existing deficiencies ought to make the enactment of a complete pension code possible.

In the absence of such a revision, and if pensions are to be granted upon equitable grounds and without regard to general laws, the present methods would be greatly improved by the establishment of some tribunal to examine the facts in every case and determine upon the merits of the application.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 5, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 8291, entitled "An act granting a pension to Julia Welch."

The husband of the beneficiary named in this bill served in the Army from December, 1863, to May, 1866.

He never filed an application for pension, and died February 24, 1880, of inflammation of the lungs.

The claim filed by his widow for pension alleged that her husband suffered from chronic diarrhea and disease of the heart and lungs as results of his army service.

The claim was rejected by the Pension Bureau on the ground that they soldier died from an acute disease which bore no relation to any complaint contracted in the Army.

I think the action of the Bureau was correct.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 5, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 7907, entitled "An act granting a pension to Mary Ann Lang."

The husband of this beneficiary was wounded in the nose on the 1st day of June, 1864, and was mustered out of the service July 8, 1865. He was pensioned on account of this wound and died February 21, 1881. Prior to his death he had executed a declaration claiming pension also for rheumatism, but the application was not filed before he died.

The cause of his death was dropsy. The widow filed her claim for pension in 1884, which was rejected on the ground that the soldier's fatal disease was not the result of his military service.

A physician of good repute, who appears to have attended him more than any other physician for a number of years prior to his death, gives an account of rheumatic ailments and other troubles, and states that about a year and a half before he died he had a liver trouble which resulted in dropsy, which caused his death. He adds that the soldier was a man who drank beer, and at times to excess, and that he drank harder toward the last of his life. He further states that he is unable to connect the liver trouble with his rheumatism, and could not give any other reason for it except his long use of beer and liquor, and if that was not the cause it greatly aggravated it; that he had cautioned him about drinking, and at times he heeded the advice.

An appeal was taken from the action rejecting the claim and the case was submitted to the medical referee of the Pension Bureau, who decided upon all the testimony that the soldier's fatal disease (dropsy) was due to disease of the liver, which was not a sequence of rheumatism and was the result of excessive use of alcoholic stimulants.

It will be observed that no claim is made that death in any way resulted from the wound for which a pension had been allowed, and that even if rheumatism was connected with the death its incurrence in the Army had never been established.

I am satisfied that this case was properly disposed of by the Pension Bureau.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 6, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 9184, entitled "An act granting a pension to William M. Campbell, jr."

This beneficiary was not enrolled in the service of the United States until August 5, 1862. Previous to that time he had been a member of the same regiment in which he was so enrolled, and was in the service of the State of Kentucky.

He alleges that in the month of February, 1862, he was vaccinated with impure virus and in the same month contracted mumps. He claims that as a result of these troubles he has been afflicted with ulcers and other serious consequences.

It is perfectly clear that at the time these disabilities were incurred, if they were incurred, the claimant was not in the military service of the United States.

The records show that he deserted September 16, 1862, a little more than a month after he was mustered into the United States service; that he was arrested April 25, 1864, one year and seven months after his desertion; that he was restored to duty by general court-martial with loss of pay and allowances during absence (the time lost by desertion to be made good), and that he was mustered out July 16, 1865.

This enactment seems neither to have law nor meritorious equity to support it.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 6, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 8807, entitled "An act granting a pension to Harriet E. Cooper."

The husband of this beneficiary served as a major in an Illinois regiment from September 3, 1862, to April 1, 1863, when his resignation was accepted, it having been tendered on account of business affairs.

He was pensioned for rheumatism from April, 1863, and died October 3, 1883.

It is admitted on all hands that Major Cooper drank a good deal, but the committee allege that they can not arrive at the conclusion that death was attributable to that cause.

There is some medical testimony tending to show that death was caused from rheumatism, but one physician gives it as his opinion that death resulted from rheumatism and chronic alcoholism.

The physician who last attended the soldier testifies that the cause of death was chronic alcoholism. This should be the most reliable of all the medical testimony, and taken in connection with the conceded intemperate habits of the deceased and the fact, that the brain was involved, it satisfies me that the rejection of the widow's claim by the Pension Bureau on the ground that the cause of death was mainly intemperance was correct.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 6, 1888_.

_To the House of Representatives_;

I return without approval House bill No. 6431, entitled "An act for the relief of Van Buren Brown."

The beneficiary named in this bill was discharged from the Army September 11, 1865.

He filed an application for pension in the Pension Bureau May 19, 1883, alleging chronic diarrhea, rheumatism, spinal disease the result of an injury, and deafness.

His claim was very thoroughly examined and reopened and examined again after rejection, and rejected a second time.

The case is full of uncertainty and contradiction. Without discussing these features, I am entirely satisfied that a pension should not be allowed, for the reason, among others, that three careful medical examinations made in 1883, 1884, and 1886 failed to disclose any pensionable disability.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 6, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 367, entitled "An act granting a pension to Nathaniel D. Chase."

This beneficiary enlisted September 3, 1863. The records show that he was admitted to a hospital March 3, 1864, with a disease of a discreditable nature and by no means connected with the military service, and that he was discharged from the Army May 20, 1864, upon a certificate of paralysis of left arm, which came on suddenly February 20, 1864, and that the cause was unknown, but believed not to be incident to the service.

He filed an application for a pension in June, 1864, alleging paralysis of the left arm from causes unknown to him.

This claim was not prosecuted at that time, and the claimant reenlisted in January, 1865, and served until September 5, 1865, without any evidence of disability appearing upon the records.

He renewed his claim in 1870, stating that he was first taken with a pain in his left arm about March 1, 1864, and that it became partially paralyzed.

It will be observed that thus far in his application he gives no explanation of the incurrence of his disability which leads to the belief that it was related to his service.

In a letter dated May 31, 1864, his captain states that he can but think that the disability of the claimant was the result of his folly and indiscretion, and that he feels it his duty to decline giving him a certificate.

In 1880 the claimant stated the cause of his disability was an injury to his arm while expelling a soldier from a railroad train at Augusta, Me., he acting as provost guard at the time. Upon this allegation the case was reopened at the Pension Bureau.

In reply to a letter from the Bureau the captain of claimant's company stated that he had no knowledge of such an injury. The same officer, in a letter dated February 25, 1887, expresses the belief that the disability of the applicant, if any existed, was caused by the injudicious use of mercurial medicine self-administered for venereal disease contracted at Augusta, Me., in January, 1864, and that such was the rumor among his comrades when he was sent to the hospital.

I can not believe that an injury was sustained such as was specified by the applicant in 1880 and that nothing was said of it either in the claim made in 1864 or in 1870. In the absence of this or some other definite cause consistent with an honest claim we are left in the face of some contrary evidence to guess that his arm was injured in the service.

The application of this beneficiary is still pending in the Pension Bureau awaiting further information.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 16, 1888_.

_To the House of Representatives_:

I return without approval House bill No. 9520, entitled "An act for the relief of Mary Fitzmorris."

It is proposed by this bill to pension the beneficiary named therein, as the widow of Edmund Fitzmorris, under the provisions and limitations of the general pension laws. The name of the beneficiary is already upon the pension roll, and she is now entitled to receive precisely the sum as a pensioner which is allowed her under this bill.

As her application to the Pension Bureau was quite lately favorably acted upon, it is supposed this special bill for her relief was passed by the Congress in ignorance of that fact.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 16, 1888_.

_To the Senate_:

I return without approval Senate bill No. 121, entitled "An act granting a pension to Tobias Baney."

This soldier was enrolled on the 28th day of February, 1865, and was discharged on the 31st day of January, 1866.

He filed an application for a pension in 1878, which was supplemented by statements from time to time, not always in exact agreement, but alleging uniformly that during his service, fixing the date at one time as in January, 1866, and at another time as in November, 1865, he was attacked in the city of Washington by palpitation of the heart, which increased after his discharge and resulted in disability. After a careful special examination by the Pension Bureau the claim was rejected upon the ground that origin of disability in the service and line of duty had not been shown, nor that the same existed for some time after discharge.

The beneficiary named in this bill enlisted shortly before the surrender of the Confederate forces, and it appears did little, if anything, more than garrison duty. He does not seem to have suffered any of the exposures usually incident to a soldier's service, and, as I understand his claim, does not himself give any instance of exposure or exertion from which his difficulty arose.

There is no record of any sickness or disability during the time he was in the Army nor any satisfactory proof that he was suffering with any ailment at the time of his discharge. His own statement, which some of the proof taken tends to show is not entirely reliable, goes no further than to claim that during his term of service his difficulty began.

On appeal from the rejection of the beneficiary's claim the case was thoroughly examined at the Interior Department and the rejection affirmed.

I am entirely satisfied that the case was properly determined.

GROVER CLEVELAND.

EXECUTIVE MANSION, _July 16, 1888_.

_To the Senate_:

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A Compilation of the Messages and Papers of the Presidents. Volume 8, part 3: Grover Cleveland, First TermChapter XX: Section 6: of the amended Chinese immigration act of 1884 purports to (15)

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