AMENDING THE LAW AS TO LAND CLAIMS.

To the Senate:

I return herewith, without my approval, the bill (S. IIII) entitled "An act to amend the act of Congress approved March 3, 1887, entitled 'An act to provide for the bringing of suits against the Government of the United States.""

If I may judge from the very limited discussion of this measure in Congress the sweeping effects of it upon the administration of the public lands could hardly have been fully realized. From the beginning of the Government the administration of the public lands and the issuing of patents under the land laws have been an executive function.

The jurisdiction of the courts as to contesting claims for patents has awaited the action of the General Land Office. Land offices have been established and maintained in all the districts where public lands were found, located with reference to the convenience of the settlers, and the proceedings have been informal and inexpensive. It is true that at times, by an administration of the land. office unfriendly toward the settlers, unnecessary delays involving much hardship have intervened in the issuing of patents; but such is not the case now. The work of the land office within the last three years has been so efficient and so friendly to the bona fide settler that the large accumulation of cases there has been swept away, and the office, as I am informed by the Secretary of the Interior, is now engaged upon current business.

It seems to me that a transfer, in whole or in part, of this business to the courts, some of whose dockets are already loaded with cases, can not tend to expedition; while it is very manifest that by reason of the greater formality in the taking and presentation of evidence which would be required in court, and of the long distances which settlers would have to traverse in order to attend court, the costs in such cases would be enormously increased.

It is proposed by this bill to give what is called concurrent jurisdiction to the district courts of the United States and to the Court of Claims to hear and determine all claims for land patents under any law or grant of the United States. Whether concurrent with each other or with each other and the Land Office is not clear.

It is quite doubtful under the rulings of the Supreme Court whether the courts now provided by law for the Territories are "district courts of the United States" within the meaning of this bill. The effect of this legislation would, if they were held not to

be such, be that as to all suits relating to lands in the Territories of New Mexico, Arizona, Utah, and Oklahoma, no other forum is provided than the Court of Claims at Washington. In this state of the case a settler or one who has taken a mineral claim in any of these Territories would be subject to be brought to the city of Washington for the trial of his case.

In view of the fact that all recent legislation of Congress has been in the direction of subdividing judicial districts and of bringing the United States courts nearer to the litigants, I can only attribute to oversight the passage of this bill, which in my opinion, would. burden the homesteader and preëmptor whose claim is contested, whether by another individual or by any corporation, by compelling him to appear at Washington and to conduct with the formality and expense incident to court proceedings the defense of his title. But even in the case of land contests arising in the States where district courts exist, the plaintiff, it will be observed by this act, is given the option to sue in those courts or to bring his adversary to Washington to litigate the claim. Why should he have this advantage?— one that is not given, so far as I know, in any other law fixing the forum of litigation between individuals. Not only is this true, but the Court of Claims was established for the trial of cases between individuals and corporations on the one side and the United States on the other, and, so far as I now recall, wholly for the trial of money claims.

There are no adequate provisions of law, if any at all, for conducting suits between individuals contesting private rights. The court has one bailiff and one messenger, no marshal, and is not provided, I think, either with the machinery or with the appropriation to send its processes to the most distant parts of the country. Yet it is apparent that under this bill the real issue would frequently be between rival claimants, and not between either and the United States. This court, too, is already burdened with business, since the reference to it of the Indian depredation claims, the French spoliation claims, etc., and it certainly can not be thought that a more speedy settlement of land claims could be there obtained than is now given.

Again, the bill is so indefinite in its provisions that it can not be told, I think, what function, if any, remains to be discharged by the General Land Office. It was said in answer to an interrogatory when the bill was under consideration, that it did not affect claims pending in the Land Office; and yet it seems to me that its effect is to allow any contestant in the Land Office, at any stage of the proceedings there, to transfer the whole controversy to the courts. He may take his chances of success in the Land Office, and if, at

any time, he becomes apprehensive of an adverse decision, he may begin de novo in the courts.

If it was intended to preserve the jurisdiction of the Land Office, and to hold cases there until a judgment had been reached, the bill should have so provided; for it is capable of, and indeed seems to me compels the construction that either party may forsake the Land Office at any stage of a contest. I am quite inclined to believe that if provision were made, as in section 1063 of the Revised Statutes, relating to claims in other departments, for the transfer to a proper court, under proper regulations, of certain contest cases involving questions affecting large classes of claims, it would be a relief to the Land Office and would tend to a more speedy adjustment of land titles in such cases, a result which would be in the interest of all our people.

Nothing is more disadvantageous to a community, its progress and peace, than unsettled land titles. This bill, however, as I have said, is so radical, and seems to me to be so indefinite in its provisions, that I can not give it my approval.

EXECUTIVE MANSION,

BENJ. HARRISON.

August 3, 1892.

JUDICIAL OFFICERS IN ALABAMA.

To the House of Representatives:

I return herewith, without my approval an act (H. R. 9612) entitled "An act to prescribe the number of district attorneys and marshals in the judicial districts of the State of Alabama."

Under the present law there is a district attorney for the southern district of Alabama, a district attorney for the northern and middle districts, a marshal for the northern district and a marshal for the southern and middle districts. An examination of the records of the Attorney-General's office as to the amount of business in the courts in these districts leads me to believe that two districts would provide amply for the disposition of all public and private cases. The law creates two new officers whose aggregate compensation may be $12,000 per annum, without, it seems to me, a justifying necessity. But the most serious objection to the legislation is that it creates at once, upon the taking effect of the law, the offices of district attorney and marshal for each of the three districts; and the effect, it seems to me, must be to abolish the offices as they now exist. No provision is made for a continued discharge of the duties of marshal and district attorney by the present incumbents. A

serious question would be raised as to whether these officers were not at once legislated out of office and vacancies created. As these vacancies could not be filed immediately the business of the courts would seriously suffer. The law should at least have contained a provision for the continued discharge of their duties by the incumbents until the new officers were appointed and qualified. BENJ. HARRISON.

EXECUTIVE MANSION,

February 27, 1893.

PROCLAMATIONS AND ORDERS.

THANKSGIVING, 1889.

A highly favored people, mindful of their dependence on the bounty of divine Providence, should seek fitting occasion to testify gratitude and ascribe praise to Him who is the author of their many blessings. It behooves us then to look back with thankful hearts over the past year and bless God for his infinite mercy in vouchsafing to our land enduring peace, to our people freedom from pestilence and famine, to our husbandmen abundant harvests, and to them that labor a recompense of their toil.

Now, therefore, I, Benjamin Harrison, President of the United States of America, do earnestly recommend that Thursday, the 28th day of this present month of November, be set apart as a day of national thanksgiving and prayer, and that the people of our country, ceasing from the cares and labors of their working day, shall assemble in their respective places of worship and give thanks to God, who has prospered us on our way and made our paths the paths of peace; beseeching Him to bless the day to our present and future good, making it truly one of thanksgiving for each reunited home circle as for the nation at large.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this first day of November, in the year of our Lord one thousand eight hundred and eighty[SEAL.] nine, and of the independence of the United States the one hundred and fourteenth.

By the President:

JAMES G. BLAINE,

BENJ. HARRISON.

Secretary of State.

THANKSGIVING, 1890.

By the grace and favor of Almighty God the people of this nation have been led to the closing days of the passing year, which has been full of the blessings of peace and the comforts of plenty. Bountiful compensation has come to us for the work of our minds and of our hands in every department of human industry.

Now, therefore, I, Benjamin Harrison, President of the United States of America, do hereby appoint Thursday, the 27th day of the present month of November, to be observed as a day of prayer and thanksgiving; and I do invite the people, upon that day to cease from their labors, to meet in their accustomed houses of worship and to join in rendering gratitude and praise to our beneficent Creator for the rich blessings He has granted to us as a nation, and in invoking the continuance of His protection and grace for the future. I commend to my fellow-citizens the privilege of remembering the poor, the homeless, and the sorrowful. Let us endeavor to merit the promised recompense of charity and the gracious acceptance of our praise.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the city of Washington this eighth day of November, in the year of our Lord one thousand eight hundred and [SEAL] ninety, and of the Independence of the United States the one hundred and fifteenth.

By the President:

JAMES G. BLAINE,

Secretary of State

BENJ. HARRISON.

THANKSGIVING, 1891.

It is a very glad incident of the marvelous prosperity which has crowned the year now drawing to a close that its helpful and reassuring touch has been felt by all our people. It has been as wide as our country, and so special that every home has felt its comforting influence. It is too great to be the work of man's power and too particular to be the device of his mind. To God, the Beneficent and the All Wise, who makes the labors of men to be fruitful, redeems their losses by His grace, and the measure of whose giving is as much beyond the thoughts of man as it is beyond his 15151-16