The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-07-16

or transaction with any executive department,
or any bureau, officer, or agent OF such depart
ment, or where the matter or thing on which
the claim Is based shall have been passed upon
and decided by any department, bureau, or
officer intrusted BY law or department regula-
tons with the settlement and adjustment OF
such claims, dsmands, or accounts, to transmit
to said department, bureau, or officer, as afore-
said, q printed copy Of the petition fled by the
claimant in such case, with a request that the
said department, bureau, or officer to whom the
same shall DO 30 transmitted as aforesaid, will
furnish the said Attorney General all facts, cir.
oumstanees, and evidence touching said claim
~ 10 or may be In the possession or knowledge
Of the said department, bureau. or officer: and
Il shall be the duty Of the said department,
bureau, or ofioer to whom such petition may
be transmitted and such request preferred IS
Aforesaid, without delay. and within reason.
able titas, to furnish said Attorney General
with q full statement Of all the facts, informa-
tion, and proofs which are or may DO within
the knowledge or In the possession Of said de-
partmsnt, bureau, or ofhoer, relating to the
claim Aforesaid. Such statement shall also
contain . reference TO or description OF
all oficisi documents or papers, fsny, % nay
or do furnish proof Of facts referred TO In said
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 whore the same Is kept or may DO pro.
cured. And ifthe same claim shall have been
passed upon and decided BY the said depart
ment, bureau, or officer, tho statement Of
answer TO be transmitted to said Attorney
General, as hsreinbofore provided, shall sue
einctly state the reasons and principles upon
which such decision shall have been based. In
all cA'es where such decision shall have been
m,de upon any act Of Congress, or upon
any section or clause Of such act, the same
shall be cited specifically. And II any previous
Interpretation or construction shall have been
given to such act, section, or clause, BY the said
department or bureau transmitting such state.
mont, the same shall DO set forth succintly in
ssid statement, and copy Of tho opinion hled,
II any shall be annexed TO such statement and
| transmitted with the same to the Attorney
General Aforesaid. And where any decision
10 the-case shall have been based upon any
regulation Of m executive department, OF
where such regulation shall or may. in the
opinion Of the department, bureau, or officer
transmitting such statement, have any bear.
ing upon the claim In suit tho same shall be
distinctly referred to and quoted 10 cxtenso In
tho statement transmitted to said Attorney
General; Proridsd, hOtccper, That where there
snall 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
AMI proofs, the said department, bureau, oil
officer shall only be required to certify ant
transmit one statement Of the same, and suct
statement shall be held to apply to all suci
| classes OF cases rs IL made out, certified, ant
transmitted in each case respectively
SEC. T. And be IL FURTHER enacted, That /
shall and may DO lawful for the head Of an,
executive department, whenever any claim !
made upon said department involving dispute,
facts or controvertod questions of law, whor
the amount In controversy exceeds three thou
sand dollars, or where the decision will sfTec
q class Of cases or furnish a precedent for tn,
future action Of any executive department Il
the adjustment Of class Of cases, without re
gard to the amount involved In the particula
case, or where any authority, right, privilege
or exemption 10 claimed or donied under th
Constitution Of the United States to caus
such claim, with all the vouchers, papers. proof
sal documents pertaining thereto, to be trans
mitted to the Court Of Claims, and the sam,
shall DO there proceed in as If originally com
msnced by the voluntary action Of the claim
ant. And the Secretary of the Treasury may
upon the certificate Of any Auditor or Comp
troller of the Treasury. direct any accoun,
matter, or claim Of the character, amount, o.
class described or limited In this section to b
transmitted, with all the vouchers, papers
documents, and proofs pertaining thereto, t,
the said Court Of Claims, for trial and adjudi
cation: Prorided, hoieeuer, That no case sha
be referred by any head Of a department Ut
less 1t belongs to one Of tho several classes q
cases to which, by reason Of the subject matte
and character, the said Court Of Claims nigh
under existing lava, take Jurisdiction on sue
voluntary action of the claimant. And all h
cases mentioned in this section which shall
transmitted by the head Of any executive d,
partmcnt, or upon the certificate Of any Aud
tor or Comptroller, shall DO proceeded in q
other cases pending In said court, and shall
In all respects, be subject to tho same rul,
and regulations; and appeals from the fni
judgments or DEGREES Of said court therein I
the Supreme Court of the United States sha
be allowed In the manner now provided
law. The amount Of the final Judgments q
DEGREES in such cases go transmitted to sal
court, where rendered In favor Of the claimant
shall in all cases be paid out Of any specif
appropriation applicable to the same, If OF
such there be- and where no such appropri
tion exists, the same shall be paid in the san
manner as other judgments Of said court.
SEC. 8. And JeHfHTthy enacted, That I
person shall file or prosecute any claim or tu
in the Court Of Claims, or an appeal therefor
for or in respect to which he or any assign,
Of his shall have commenced and has pendir
|
any officer or person who. at the time
tho cause Of action alleged in such suit or pr
cess arose, was in respect thereto acting
protesting to act, mediately or immediatel
under the authority Of tho United Slater, Vi
, less such suit or process, II now pending
such other court, shall DO withdrawn or di
missed within thirty days after the passage
this act
SEC Q And be IL FURTHER enacted, That
shall b. the duty Of the clerk of the said COu
Of Claims to transmit to Congress, at tho con
mencement Of every December session, a FL
and complete statement Of all the judgmen
rendered by the said court for the previo,
year, stating the amounts thereof and Il
partiei In whose favor rendered, together wi
brief synopsis Of the nature Of the clair
upon which said judgments have been rem
cred.
SEC. 10. And be IL FURTHER enacted, That
provisions of any act Incompatible herewi
be, and the same are hereby, repealed.
Approved, June u.s. 1868.