Should there be meritorious cases of hardship and loss, caused by an
invitation on the part of the Government to settle upon lands apparently
public, but to which no right or lawful possession can be secured, it
would be better, rather than to attempt a disturbance of titles already
settled, to ascertain such losses and do equity by compensating the
proper parties through an appropriation for that purpose.
A law to accomplish this very object was passed by Congress in the year
1873.
Valuable proof is thus furnished, by the only law ever passed upon the
subject, of the manner in which it was thought proper by the Congress
at that time to meet the difficulties suggested by the bill now under
consideration.
Notwithstanding the fact that there may be parties in the occupancy
of these lands who suffer hardship by the application of strict legal
principles to their claims, safety lies in noninterference by Congress
with matters which should be left to judicial cognizance; and I am
unwilling to concur in legislation which, if not an encroachment upon
judicial power, trenches so closely thereon as to be of doubtful
expediency, and which at the same time increases the elements of
litigation that have heretofore existed and endangers vested rights.
GROVER CLEVELAND.
EXECUTIVE MANSION, _April 26, 1886_.
_To the Senate of the United States_:
I herewith return Senate bill No. 349, entitled "An act for the
promotion of anatomical science and to prevent the desecration of
graves," without my approval.
The purpose of this bill is to permit the delivery of certain dead
bodies to the medical colleges located in the District of Columbia for
dissection.
Such disposition of the bodies of unknown and pauper dead is only
excused by the necessity of acquiring by this means proper and useful
anatomical knowledge, and the laws by which it is permitted should, in
deference to a decent and universal sentiment, carefully guard against
abuse and needless offense.
The measure under consideration does not with sufficient care specify
and limit the officers and the parties who it is proposed to invest
with discretion in the disposition of dead bodies remaining in the
institutions and places mentioned in the bill. The second section
indicates an intention to prevent the use of said bodies for any other
purpose than the promotion of anatomical and surgical knowledge within
the District of Columbia, and to secure after such u
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