GROVER CLEVELAND.

EXECUTIVE MANSION, _January 17, 1889_.

_To The Senate_:

I return without approval Senate bill No. 3646, entitled "An act for the

relief of William R. Wheaton and Charles H. Chamberlain, of California."

These parties were, respectively, for a number of years prior to 1879,

the register and receiver of the land office at San Francisco, in the

State of California.

Prior to July, 1877, they had collected and retained, apparently without

question, certain fees allowed by law for reducing to writing the

testimony heard by them in establishing the rights of claimants to

public lands.

On the 9th day of July, 1877, these officials were notified by the

Acting Commissioner of the General Land Office that monthly thereafter,

and dating from July 1, 1877, such fees should be reported with other

fees to the General Land Office.

This notification furnished clear information that, whatever may have

been the justification for their retention of these fees in the past,

the parties notified must thereafter account to the Government for the

same.

On the 8th day of February, 1879, the beneficiaries were peremptorily

required by the Commissioner of the General Land Office to deposit in

the Treasury of the United States the sums which they had received for

the services mentioned since July 1, 1877, and which, though reported,

had not been paid over. Soon thereafter, and pursuant to this demand,

the sum of $5,330.76, being the aggregate of such fees for the nineteen

months between July 1, 1877, and February 1, 1879, was paid over to the

Government.

On the 19th day of February, 1879, these officers were authorized to

employ two clerks, each upon a salary of $100 per month.

The purpose of the bill now under consideration is to restore to the

beneficiaries from the money paid over to the Government, as above

stated, the sum of $3,800. This is proposed upon the theory that clerks

were employed by the register and receiver to do the work for which the

fees were received, and that these officials having paid them for their

services they should be reimbursed from the fund.

It will be observed that whatever services were performed by clerks in

the way of writing down testimony, and paid for by the beneficiaries,

were performed and paid for after July, 1877, and after they had in

effect received notice that such employment and payment would not be

approved by the Government.

Upon this statement the claim covered by the Dill can hardly be urged on

legal grounds, whatever the Government may have allowed prior to such

notice.

I am decidedly of the opinion that the relations, the duties, and the

obligations of subordinates in public employment should be clearly

defined and strictly limited. They should not be permitted to judge of

the propriety or necessity of incurring expenses on behalf of the

Government without authority, much less in disregard of orders. And yet

there are cases when in an emergency money is paid for the benefit of

the public service by an official which, though not strictly authorized,

ought in equity to be reimbursed.

If there is any equity existing in favor of the beneficiaries named in

the bill herewith returned, it is found in the fact that during the

nineteen months from the 1st day of July, 1877, to the 1st day of

February, 1879, they paid out certain moneys for which the Government,

in the receipt of the fees which they paid over, received the benefit.

Manifestly such equity in this case, if it can be claimed at all in view

of the facts recited, is measured by the sum actually paid by these

officials to the persons, if such there were, who did the work from

which the fees arose which were paid over to the Government.

In other words, if certain clerks were paid by the beneficiaries from

their private funds for doing this work, there should be a distinct

statement of the sum so paid, and their claim should rest upon indemnity

and reimbursement alone. But no such statement appears, so far as I can

see from an examination of papers presented to me by the Interior

Department and from the report of the Senate committee who reported this

bill, except as it may be gathered from the rather indirect allegations

contained in a paper prepared by counsel.

No vouchers have ever been received at the General Land Office for

money paid for clerical services rendered during the period for which

reimbursement is sought. The verified statement of the claimants annexed

to the committee's report contains only the allegation that they paid

for the necessary clerical services, and the affidavits of the clerks

themselves furnish no clew to the amount they received. Such an

omission, in my opinion, discredits the claim made, and the allowance of

the sum of $100 per month for two clerks during the period of nineteen

months covered by this claim, because that was the sum authorized to be

paid thereafter for clerks' services, is, it seems to me, adopting a

standard entirely inapplicable to the subject.

In any event these beneficiaries should be required to establish the sum

necessary for such indemnification, and the amount appropriated for

their relief should be limited to that sum.

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