Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-12-23
Wasbingtan gentinsl.
"A BILL TO ESTABLISH COURT FOR
THE INVESTIGATION OF CLAIMS
AGAINST THE UNITED STATES.

BE ii enacted by the Senate and House Of
Representatives of the United States of Amer
ica in Congress assembled That a court shall
be established to be called a court of claims,
to consist of three judges, to be appointed by
the President by and with the advice and con-
sent of the Senate, and to hold their offices
during good behavior; and the said court
shall hear and determine all claims founded
upon any law of Congress, or upon any regu,
lation of an executive department, or upon
any contract, express or implied, with the
government of the United States which may
be suggested to it by petition filed therein ;
and also all claims which may be referred to
said court by either House Of Congress. 1t
shall be the duty of the claimant in all cases
10 set forth full statement Of the claim, and
of the action thereon in Congress, or by any
Of the departments, if such action has been
had; specifying also what person or persons
are owners thereof or interested therein, and
when and upon what consideration such per.
son or persons became so interested. Each Of
the said judges shall receive compensation Of
four thousand dollars per annum, payable quar-
terly, from the Treasury of the United States
and shall take an oath to support the Consti-
tuition of the United States and discharge
faithfully the duties of his Office.
SEC. 2. And be il further enacted, That a
solicitor for the United States, to represent the
government before said court, shall be APP
pointed by the President, by and with the adj
vice and consent Of the Senate. 1t shall be
the duty of said solicitor to prepare all cases
on the part of the government for hearing be-
fore said court. and to argue the same when
prepared; to cause testimony to be taken,
when necessary to secure the interest of the
United States; to prepare forms, file interro-
gatories, and superintend the taking of test
mony, in the manner prescribed by said court,
and generally to render such services as may
be required of him from time to time, in the
discharge of the duties of his Office. Said
solicitor shall be sworn to faithful discharge OF
the duties of his Office, in the manner pre-
scribed for the qualification of the judges in
the first section of this act and he shall re-
ceive compensation of three thousand five
hundred dollars per annum for his services, to
be paid quarterly from the Treasury of the
United States. -
SEC. 3. And be II further enacted, That the
said court shall have authority to establish
rules and regulations for Its government; to
appoint commissioners to take testimony to be
used in the investigation of claims that may
come before it; to prescribe the fees they shall
missions for the taking of such testimony,
whether the same shall be taken at the instance
of the claimant, or of the United States. When
testimony is taken for the claimant, the fees OF
the commissioner before whom it is taken, and
the cost of the commission and notice, shall, be
paid by such claimant; and when taken at the
instance of the government, such fees, together
with all postage incurred by the solicitor afore-
said in his official capacity, shall be paid out
of the contingent fund provided for said court.
In all cases, when it can be conveniently done,
the testimony shall be taken in the county
where the deponent resides and the commits
sioner taking the same is hereby, authorized
and required to administer an oath or afirma.
ton to the witnesses brought before him for
examination; and also TO issue subpenas to
require the attendance of witnesses, in order
TO be examined before said commissioners,
which subpenas shall have the same force as if
issued from a district court of tie United
States; and compliance Herewith pshall be
compelled, under such rules and orders as the
court hereby created shall establish.
SEC. A. And be II further enacted, That in
all cases where i shall appear to the court that
the facts set fortbth the petition of the claimant
do not furnish any ground for relief, it shall
not be the duty of the court to authorize the
taking of any testimony in the case, until the
same shall have been reported by them to
Congress, as is hereinafter provided: Provided
ho,oerer, That if Congress shall, in such case,
fail to confirm the opinion of said board, they
shall proceed to take the testimony in such
case.
SEC. 5. And be IL further enacted, That in
taking testimony to be used in support of any
claim before said court, opportunity shall be
given TO the United States TO file interrogato
ries, or BY attorney to examine witnesses, under
such regulations AS said court shall prescribe
and like opportunity shall be afforded the claim
ant I'M cases where testimony is taken on behal
of the United States under like regulations.
SEC. 6. And be IL further enacted, That i
any person shall knowingly and willfully swear
falsely before said court, or before any person
or persons commissioned by them, or author
lied by this act TO take testimony in q case
pending before said court at the time Of taking
said oath, or in q case thereafter to be submit
ted TO said court, such person shall be deemed
guilty Of perjury, and, on conviction thereof
shall be subjected to the same pains, penalties
and disabilities which now are, or shall b.
hereafter, by law prescribed for wilful and cor
rupt perjury.
SEC. Z. and be II further enacted, That sale
court shall keep q record of their proceedings
and shall, at the commencement of each ses
sion Of Congress, and at the commencement
of each month during the session of Congress
report to Congress the cases upon which the
shall have finally acted, stating in each tn,
material facts which they find established b,
the evidence, with their opinion in the case
and the reasons upon which such opinion J,
founded. Any Judge who may dissent from
the opinion Of the majority shall append his
reasons for such dissent to the report; AND
such report, together with the briefs Of the so
licitor and Of the claimant, which shall accom-
pany the report, upon being made to either
house Of Congress, shall be printed in the
same manner as other public documents
And said court shall prepare bill or bills in
those cases which shall have received the favor
able decision thereof, in such form as, il enact
ed, will carry the same into effect. And two
or more cases may be embraced in the same
bill, where the separate amount proposed to be
allowed in each case shall be less than one
thousand dollars. And the said court shall
transmit with said reports the testimony in
each case, whether the same shall receive the
favorable or adverse action of said court.
Sec. 8. And be Il further enacted, That said
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