d. A number of these cases involve as
much as $100,000 each, while a few involve as much as $500,000 each and
one something over $1,000,000. The damages which may be awarded in these
cases by the Court of Claims are to be paid out of the trust funds of
the Indians held by the United States, or, if there are no such funds,
out of the Treasury of the United States. The law referring these cases
to the Court of Claims has had no judicial interpretation, and many
novel and difficult questions are likely to arise. It is quite a
startling proposition, and a very novel one, I think, that there shall
be absolutely no opportunity for the review in an appellate court,
in cases involving such large amounts, of questions involving the
construction of the statute under which the court is proceeding, or
those various questions of law, many of them new, which necessarily
arise in such cases.
Neither the claimants, the Indians, nor the Government of the United
States should be absolutely denied opportunity to bring their exceptions
to review by some appellate tribunal. I would not suggest that an appeal
should be allowed in all cases. Some limitation as to amount would be
reasonable, and perhaps some discretion might be lodged in the Supreme
Court as to granting appeals. The limitations, however, imposed by the
section I have quoted are so severe and unreasonable, in my judgment,
that I have felt compelled to return the bill to the Senate with a view
to its reconsideration.
BENJ. HARRISON.
EXECUTIVE MANSION, _July 29, 1892_.
_To the Senate_:
I return herewith without my approval the bill (S. 1958) entitled "An
act to submit to the Court of Private Land Claims, established by an act
of Congress approved March 3, 1891, the title of William McGarrahan to
the Rancho Panoche Grande, in the State of California, and for other
purposes."
This bill came to me on the 20th instant, at a time when very many other
bills were submitted for my consideration, and it has not been possible
for me to make such an examination of the history of Mr. McGarrahan's
claim as would be necessary to form an intelligent judgment as to its
merits and just extent. It is quite possible that he has been wronged
and that he has a claim for some reparation from the Government. I can
not, however, think that this bill proceeds upon a just basis. It
provides that Mr. McGarrahan shall file his claim as the assignee of
Gomez in the Court of Private Land Cla
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