St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1868-11-13

said department., bureau, or officer to
whom such petition may be transmitted
and such request preferred as aforesaid,
without delay. and within a reasonable
time, TO furnish said attorney general
with full statement of all the facts, IN
formation, and proofs, winch are or may
be within the knowledge or in the POS
session of said department, bureau, or
officer relating 10 the claim aforesaid
Such statement shall also contain a re-
ference to or description of all official
documents or papers, if any, as may o.
do furnish proof of facts referred TO in sail
statement, or that may be necessary and
| proper for the defence of the United
States against the said claim, together
with the department, office, or place
where the same Is kept or may be pro-
cured. And if the said claim shall have
been passed upon and decided by the
sad department., bureau, or officer. the
| statement or answer to be transmitted to
said attorney general, as hereinbetore
| provided. shall succnctly state the rea-
sons and principles upon which such de
cision snail have been based. In all
cases where such decision shall have been
made upon any act Of congress.
or upon any section or clause
of such act, the same shall be cited spcci-
iically. And if any previous interpreta-
ton or construction shall have been
given to such act, section, or clause, by
the said department or bureau transmit
ting such statement, the same shall bc
set forth succinctly in said statement. and
l copy of the opinion filed, if any, shall
be annexed to such statement and trans
mittcd with the same to the attorney
General aforesaid. And where anv de
cision i'll the case shall have been based
upon any regulation of an executive de
partment, or where such regulation shall
or may, in the opinion of the department,
bureau, or officer transmitting such state
ment, have any bearing upon the claim
in suit, the same shall be distinctly re
tcrrcd to and quoted in cxtcnSo in the
statement transmitted to said attorney
General Provided, however, That where
there shall be pending in said court more
than one case, or a class of cases. the
defence to which shall rest upon the
same facts, circumstances. and proofs,
the said department, bureau, or officer
shall only be required to certify and
transmit one statement OF the same. and
such statement shall 5e held TO apply 10
al such classes OF case, as If made out,
'ertitied, and transmitted in each case
respectively.
SIC. :. And be it further enacted.
That it shall and may be lawful for the
head OF any executive department, when
ever any claim i made upon said depart
ment involving disputed facts or contro-
yerted questions of law, where the
amount in controversy exceeds three
Thousand dollars, or where the decision
will affect q class of cases or furnish Il
precedent tor the future action of any
executive department in the adjustment
If II class of cases, without regard 10 the
amount involved in the particular case,
n where any authority, right. privilege,
n exemption is claimed or denied under
she constitution OF the United States. to
cause such claim, with all the vouchers,
papers, proofs, and documents pertaining
thereto, 10 be transmitted to the court OF
claims, and the same shall be there pro
ceeded i'll as if originally commenced by
the voluntary action of the claimant
And the secretary OF the treasury may.
upon the certificate OF any auditor or
comptroller Of the treasury, direct any
account, matter. or claim OF the charact-
r, amount. or class described or limited
IN this section TO he transmitted, with all
,he vouchers, papers, documents, and
proofs pertaining thereto, TO the said
court of claims, for trial and ad Iudicion:
Provided, however, That no case shall
,, referred by any head OF department
unless il belongs TO one of the several
clss>eeS Of eases to which, by reason OF
,he subject matter and character, the said
court o. claims might, under existing
Jaws, take jurisdiction on such voIunta-
~ action OF the claimant. And all the
ases mentioned in this section which
shall be transmitted by the head of any
executive department, or upon the certifi
cate of any auditor or comptroller, shall
bc proceed in as other cases pending in
said court, and shall, in all respects, be
subject TO the same rules and regulations;
and appeals from the final judgments or
decrces of said court therein TO the su-
preme court Of the United States shall
ne allowed in the manner now provided
Dy law. The amount OF the final JUDI
mcntS or decrccs in such cases 50 trans
mIttcd to said court, where rendered in
favor Of the claimants, shall in all cases
Oe paid out OF any specific appropriation
applicable to the same, if any such there
be and where no such appropriation
exists, the same shall be paid in the
sane manner as other judgments OF said
court.
SEC. s. And be it further enacted,
That no person shall file or prosecute
any claim or suit in the court of claims,
IF au appeal thcrcfrom, for or in respect
20 which he or any assignee of his shall
have commenced and has pcnling any
suit or process in any other court against
my officer or person who, at the time
Of the cause OF action alleged in such suit
or process arose, was in respect thereto
acting or protesting to act, medlately or
Immediately, under the authority of the
United States, unless such suit or pro-
cess. if now pending in such other court,
shall be Withdrawn or dismissed within
thirty days after the passage OF this t.
SEC. .. And be it further enacted,
That it shall be the duty of the clerk of
the said court of claims to transmit to
congress, at the commencement OF every
December session, a full and complete
statement OF all the judgments rendered