The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

taken place in this Territory since its or
ganization, and which difficulties have
resulted from the action of Congress in
devolving upon the people of Kansas an
experiment in self-government, without
having made suitable provision for the
preservation of the public peace and the
protection of individual rights; and,
tuhereas, the attention ofCongress has been
officially called to said losses, in the hope
that the just demands of the sufferers
would have been recognized and liqui-
dated, but thus far without effect: There
fore,
Be it enacted By the Governor and Legis-
lathe Assembly cfthe Territory Of Kansas:
SECTION l. That three commissioners
shall be appointed as follows: One by the
Council, one by the House of Represen-
tatives and one by the Governor of the
Territory, whose duty it shall be to audit
and certify all claims of all and every
person or persons who may present the
same for consideration, for all moneys
actually and necessarily expended or dam
ages and losses incurred for the purpose
of maintaining and carrying into effect
the laws of this Territory, or for the pur-
pose of suppressing any rebellion or in
surrection, or in sustaining the lawful
militia, or any posse of the Marshal, or OF
any Sheriff of any county of this Territory,
when lawfully engaged in the mainten-
ance and carrying into effect the laws Of
this Territory, or of the United States
within this Territory. And said commits
sioners shall also audit and certify the
claims of all persons who may have sus-
tanned any loss or damage in consequence
of or growing out of the difficulties in this
Territory by way of loss of property or
consequent expenses at any time after the
passage of the Act to organize this Terri
tory and before the LIST day of January
1857.
SEC. 2. The said commissioners shall
have power to fix the times and places,
when and where their sessions shall be
held, and may adjourn from time to time
at their discretion. The presence of two
Of said commissioners shall constitute a
quorum for the transaction of business.
Said commissioners shall prescribe and
publish such rules and regulations con-
corning the taking of proofs as they may
deem expedient. They shall have power
to send for persons and papers, may pre-
serve order, issue snbpenas, aud enforce
the attendance of witnesses in the same
manner and with the like effect US the
District Courts; Provided, That the par
ties seeking to prove up their claims shall
pay officers and witness fees in the same
manner as required by law in suits in said
District Courts.
Sec. 3. Before entering upon the dis
charge Of their duties, said commissioners
shall respectively take and subscribe an
oath to support the Constitution of the
United States, and the provisions of the
Act organizing the Territories of Nebraska
and Kansas, and that they will faithfully
discharge the duties enjoined by this Act;
which said oath shall be filed with the
Secretary of the Territory.
SEC. 4. 1t shall be lawful for said COM
missioners to receive and examine as evil
dence, the proofs heretofore taken by the
commissioner appointed under the Act
to provide for the auditing of Claims" APP
proved February %, 1857; and they may
adopt or reject the same or any of them,
in whole or in part, as the very right OF
the case may seem to require. And at
their discretion said commissioners may
summon the claimants under said proofs,
and Investigate any or either Of their de-
mands, and examine witnesses for and
against any such claim.
SEC. 5. Said commissioners may ap-
point clerk, whose duty it shall be to
keep true and proper record of the pro-
ceedings had before the commissioner,
preserve all proofs, testimony and papers
fled in relation to claims, and perform
such other acts pertaining to his Office,
as the commissioners may direct. He
shall be allowed for his services three dol
lars per day, to be certified by said COM
missioners
SEC. 8. The compensation of said COM
missioners shall be four dollars per day
each, for every day they or either of them
may be actually engaged in the discharge
of duties under this Act, and five cents
per mile for every mile necessarily trav-
eled in the discharge of duties herein pro-
vided for, and their actual expenditures
for stationery, postage and room rent in
the discharge Of their official duties under
this Act, shall be certified by them, and
audited by the proper accounting officer
Of the Territory, and a warrant drawn
therefor on the Territorial Treasury. And
warrants shall in like manner be drawn
for said commissioners and their clerk, for
such sums as may become due to them
from time to time for their services.
SEC. z. The provisions of this Act shall
only apply to citizens of this Territory,
aud to those who were citizens at the
time OF the losses, damages and expendi-
lures sought to be proven. Executors and
administrators shall be permitted to offer
proofs in behalf of deceased persons.
SEC. 8. Authority is hereby given to
said commissioners, jointly or severally,
to administer oaths connected with the
duties herein provided and any person
who shall swear falsely on any such in
yestigation, whether claimant or witness.
shall be deemed guilty of perjury.
SEC. y. On or before the first Gay of
September next, said commissioners shall
close their sessions and proceedings under
this Act, and make up and file in dupli-
cate, in the Offices Of the Secretary Of the
Territory and the Territorial Auditor, a
statement of all claims presented and Of
the amounts awarded to the claimants,
and they shall likewise file in the Office
OF the said Secretary, all vouchers, proofs,
papers aud documents presented for their
action or consideration. And upon the
completion Of proofs and the recording of
the decision or award, they shall, upon
demand, deliver to the claimant certifi-
cate OF any such decision or award.
SEC. 10. Upon the delivery of any such
certificate Of award to the Governor, it
shall be his duty to execute and deliver
to the owner thereof, certificate under