Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-05-21

The Claims Court "A correspondent, taking
exception to our article of Saturday last upon
the character and functions of this tribunal,
writes us, saying:
beg respectfully, yet briefly, to refer you
to the law establishing the court, and to the
decisions OF the court, &C., &C., from which it
Will be seen that you are mistaken upon every
proposition contained in the following ex-
tract
"The Court of Claims is not law court.
1t is an examining commission, to sift the tes.
timony in cases Of claims on the government
for the payment of which there is, confessedly,
no existing law. Its functions are advisory
only"
Now, the court ia a court of law, and moth.
ing but court Of law, and not an " examin-
ing commission" nor any " commission ;" and
it can grant to the claimant no favorable
judgment not founded upon some legal right
the court having repeatedly decided that
where there is no law it can afford no relief,
no matter how fair, how meritorieus, or how
equitable or just the claim may appear to DO
ca for0 eo''Setenad. By the law the func
tions OF the court are In no way advisory"
according to its own repeatedly promulgated
estimate of those " functions " The law es-
tablishing the court is In these words
Z" BE At enacted, DC, That court hall be
established to be called the Court of Claims,
to consist Of three judges" &c; "and the
ssid court shall hear and determine all claims
| founded upon any law of Congress, or upon
| any regulation of an Executive department,
| or upon any contract express or implied with
the government of the United States" 60,
land also all claims which may be referred
to it by either House of Congress, ;" de-
You thus perceive that by the language of
the law Of Congress, the Judges" are
Judges" and not commissioners, and that
! the " court" is " court" and not a 4" com :
mission" and that the " functions" of the
court, by the Law, are to shear and detor-
mine" and not " advisory only" nor in any
way {" advisory" the word commission" or
| comm ssionerr, advice, advise or advisory"
being no where TO be found in the law; nor
suggested by it. Nor are the words " COM
| mission" and court" convertible terms-the
word court means one thing, and the word
commission" means quite another thing
the word "judge' means one thing, and the
word commissioner" means quite another
thing Nor are the words " determine" and
advice, or advise, convertible; the word do
termine has a very different meaning from
that of advice, or advise There can be no
court without judge or judges. There may
be commission without judge or judges
Inc Court of Claims is none the more nor less
court, because, forsooth, their decisions are
MOI nnai; and because, forsooth Congress has
reserved 70 Itself the discretionary power OF
reserVing, or Of affirming and sending to the
Tomb OF the Capulets'' the adverse decision
of the court; or of allowing the favorable de.
cisions OF the court to fall still-born, by a re.
fusal, or failure TO make the necessarv An.
propristions Of money to carry thu same int
-<aet. No one ever suspected the CireuiI
o. che United States for the District q
court o! -,rs IS ~ examining commits
| Columbia, Of De- sad q court of Law
sion," or the less a courl, Ssnry saiv )
or that its Functions" were "adv,. 81.
because its decisions where the matter in H.