The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-24

Interesting 20 Claiuaants on the Csovcrnunent,
A BILL 10 EsrABLIsH COURT F0R THE NvEsrI0A-
TJON OF CLAIMS AGAINST THE UNIT1D STATES.
Be acted by the Senate and House OF Representa-.
tives Of the United States Of America in Congress as
sembled That court shall be established to be called
court Of claims to consist of three judges to be ap
pointed by the President by and with the advice and
consent Of the Senate and to hold their Offices during
good behavior and the aad court shall hear and deter
mine all claims founded upon any Law Of Congress- or
upon any regulation Of parment or
any contract express implied, with the
OF the United States which be suggested to by
petition 6led therein and also all claims which may be
referred to said court by either House Of Congress- It
fun statement Of the claim and Of the action thereon
10 Congress, or BY any Of the departments il such
tion has been had specifying also what per-
and upon what consideration such person be-
came SO interested Each Of the said judges .haI re-
npm, payable quarterly, from the Treasury Of the
United States, and shall take oath to support the
constitution Of the United States and discharge faith
SEC. And be il further enacted that solicitor for
the United States 10 represent the before
said court shall be appointed BY the President BY and
with the advice and consent Of the Senate II shall be
the duty OF said solicitor to prepare all the
part OF the government for hearing before said court
argue e. e same n, wns m TO as~ss ss
OF the United States to prepare forms, e interrogato
ries and superinteni the taking Of testimony in the
manner II prescribed by d sour. ana generally to rem
to time, in the discharge of the duties of his Office
said solicitor shall be to faithful discharge OF the
duties Of bis Office, in the prescribed for the
qualification Of the Judges in the rst section Of this
act and he shall receive Of three thou
sand five hunered dollars per for his aervices to
De paid quarterly from the Treasury Of the United States
Sec. And be 1t further enacted That tho said court
shall have authority to establish rules and regulations
testimony TO be used in the Of claims that
may come before it, to prescribe the fees they shall re-
cese for their services aId to issue commissions for the
taxing OF such testimony, whether the 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 II is taken and
the cost of the commission and notice. shall be paid bv
such claimant; and when taken at the instance OF the
government such fees, together with all postage in
shall be paid out Of the contingent fund provided for
said court In all cases, when It be conveniently
SGne ~hs '1s me testimony shall be akeh in the county
sioner taking the same Is hereby authorized
and required to administer oath affirmation to the
witnesses brought before him for examinations and also
TO issue subp9nas to require the attendance witnesses
in order TO be examined before said which
subponas shall bave the same force issued from
District Court Of the United States and compliance
Herewith shall be compelled under such rules and or
ders as the court hereby created shall establish
where it shall appear to the court that the facts sci
forth in the petition of the claimant do not furnish any
for relief shall not be the duty the court to
the taking OF any testimony in the case until
the same shall baye been reported by them to Congress-
as hereinafter provided; Provided however That II
Congress shall, in such case fail to confirm the opinion
Of said beard they shall proceed to take the testimony
in such case.
Sec g. And be II further enacted That in taking tes-
moDy TO be used in support Of any claim before said
court opportunity shall be given TO the United States 10
file interrogatores by attorney examine Witnesses
under such regulations said court shall prescribe and
like opportunity shall be afforded the claimant in cases
where testimony taken behalf of the United States
under iii 9 regulations. -
Sec g. And be it further enacted, That II any person
shall knowingly and wilfully swear falsely before said
court or before person persons commissioned by
them authorized by this act to take testimony IN
0f of TAXI
oath, or in thereafter to be submitted to said
court such person shall be deemed guilty Of perjury
palms, penalties and disabilities which are or
shall be hereafter, by law prescribed for wfu and COR
So. !! AID 81. Il further enacted rha, SAID conrg
shall keep record of their proceed ngs and shall at
the OF each month during the session OF
Congress- report to Congress the upon which they
shall have finally acted, stating in each tho material
lacts which they find established by the evidence, with
their opnicn in the case and the reasons upon which
such opinion is founded. Any judge who may dissent
from the opinion of the majority shall append his rea
dissent to the report and such report TO-
Echer with the briefs of the solicitor and Of the claim
ant, which shall accompany the report, upon being
same manner other public documents. And said
,ourt shall prepare bilf bills in those eases which
such form as II enacted will carry the same into effect
And two or more may be embraced in the same
I'LL where the separate amount proposed to b allowed
And tile said court shall transmit with said reports the
testimony in each case whether the same shall receive
The favorable adverse action of said court
Sec 8. And be IL further led, That said reports
md the bills reported aforesaid, SHALL IL not finally
lctcd upon during the session Of Congress to which the
lion. and from Congress to Congress until the shall
be finally acted upon, and the consideration Of said
,orls and bills shall at the subsequent session Of Con-
yress be rsumed and the said reports and bills be pro-
,ecded with in the same manner though finally acted
lpon at the session when presented
Sec o. And be IL further cnactef lat the claims
ported adversely shall be MIR the calendar
when reported and IL the decision Of said court shall be
confirmed by Congress said decision shall be conclusve
md the sad court shall not, ut any subsequent PERIOD
consider said claims unless such shall be pre-
ented to said court as BY the rules Of law
hancery in suits between individuals, would furnish
sufficient ground for granting trial
Sec TO- And he it further enacted That it shall be
he duty OF the Speaker of the House Of Representatives
within reasonable time after the passage of this act,
appropriate such rooms in the Capitol at Washington
tr the use OF said court be necessary for their
accommodation, unless it shall appear to the Speaker
hat such cannot be appropriated without inter-
erDg with the business of Cong and in that event.
he said court shall procure at the city Of Washington
iuch rooms as may be necessary for the convenient
OF their business.
Sec IL And be IL further enacted That the said court
or any information papers II may deem necessary,
md have the use Of all recorded and printed re-
'orts made by the committees of each House,
Fhen deemed to be necessary in the prosecution
Il the duties assigned by this act Said court shall ap
'cint chief clerk whose salary shall be two thousand
lollars per annum and an assistant clerk il deemed
whose salary shall be eeen hundred dollars
1er annum, an! messenger, whose salnry shall be
light hundred dollars per annum to be paid quarterly
It the Treasury The said clerks shall be under the d.
econ Of said court in the performance Of their duties
nd for mscor duet ncapacity may be removed from
6icc by IT but when removed said board shall mako
eport thereof with the cause OF such romoval to Con-
res, IL in session. at the next session Of Congress
laid clerk and assistant clerk shall take oath for the
athful discharge OF their duties: Provided That the
head Of department shall any call for informa
ion papers, IL in his opinion, II woa be Injurious
o the public interest.
A NJ Proposed Rcilr0ad In the Pacific.
An extraordinary project has been submitted by the
Commissioner Of the Crown Lands and eighteen others
% the Canadian Legislature and has been printed by
,rer of that body for constructing railway TO the
Pacific Ocean. The project Is embodied In petition
,raypg for cnarter for the Northern Pacific Rail-
ccd Company The proposed railroad Ia designed to
xsDd from the city Of Montreal by the way Of Bytown
md the valley OF the Ottawa to the western boundary
,f Canada, and thence the St Marys river, be-
ween axes Superior and Huron Al . convenient place,
nto Michigan with the further right 20 enter into en-
with any other railway company or compa-
nies 10 Canada the United States for connecting their
respective lines in such manner may bc found most