The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25

devised method Of determining controversies be-
tween party and party, or claims against gov
eminent even, which has IN SO great uegree
acts and Judgment greater difference has been
paid than the ordinary courts OF the country, slt
70 Justice IN ne eS a
pubic opinion to which all their acts are open anu
TIE CLAIMS OUGHT TO BE SETTLED BY THE COURTS
LIKE OTHER RIGHTS OF PROPERTY.
therefore, your committee, alter much consider
heard and determined, as other rights OF property
py the ordinary tribunals OF the United states;
the Circuit Courts Of the United States are pre-
sidea over oy learned, impartial, Intelligent abo
tSsis men mel ss Judges VINO are seeking to and DO
their fellow citizens, and who have in no degree
forfeited the respect due nom either to themselves
Courts, because Of the magnitude OF these cases. or
the magnitude OF the fees and rewards coming
Spoken because they will be SO scattered and al
vlded as one or other OF the several Judges may
hold the term at which the causes are to be
heard; and assuming, as we do, that none but the
ordinary fees Of professional duty and services
Will neither he opportunity for nor temptation to
have anything improper or irregular done in de-
Gliding these cases more than other causes between
Your committee feel that they need not further
sketch, even for the information and intelligence
claims determined by such Courts. Many Of them
will perhaps involve conflicting titles TO the prop
ought to be determined by the ordinary tribunals,
not by any commission Our laws now provide
that where the rights Of citizen to property OF
right to have before even that small sum is taken
away from him, the judgment OF the Supreme Court
OF the land upon questions OF law and sometimes
OF fact therein involved. How much greater, then,
his right Of appeal, where, as in many OF these
cases, the claims amount to hundreds of thou
sands has the claimant right to have the Supreme
Court pass upon any questions OF law that may
arise In the conflict OF titles to the property ITSELF
n
can arise in determining the amount due, under the
principles laid down In this bill by the Supreme
Court OF the last resort.
HOW QUESTIONS OF LAW ARE DISPOSED OF.
While, therefore, we think we are following the
Of determining the rights OF parties In sending
these claims to be adjudicated by the Courts, we
have provided. as viii be seen in the bill by re-
curing that only questions of law so grave that
the Judge himself determining them doubts the
propriety OF his own Judgment, or If two judges
upon any question, then only shall it go to the
supreme Court; and we have also provided
that the fact of one or more claimants being
SO unfortunate as to have the adjustment
OF. their. losses settled without an APP
payment Of adJudications Of the Court Of the first
instance where no such questions of law ARISE.
One Oh objection to sendug these causes to the
ton, and as corolary to that the fact that
Circuit Courts of the United States in large cities
are in some instances now quite overwhelmed
with business To meet that the dill provides chat
where the books, vouchers or accounts are to be
causes-the Court may refer the case to an auditor,
appointed by itself, to make that examination,
snae IN to &c T oa
often that. So that We believe the business of the
Win really be nS IN any very
mast Of Necessity ssfs be case parts
may be advanced and given precedence on the
docket upon the motion OF the Attorney General,
and the fact that large class OF causes may be de-
n 10
cision will always be controlling reason with the
Court why that motion should be granted almost
The remaining sections of the bill only provide
for the ordinary methods OF bringing the cases be-
in manner which YOUR Committee believe will be
most effective 10 carry out the business before the
Courts and speeding the causes which will explain
THE AWARD TO BE PUT AT INTEREST WHILE THE
RIGHTS Of THE PARTIES ARE BEING DETERMINED,
AND AFTER ALL CLAIMS PAID REMAINDER TO GO
BY the last section of the bill your committee
provide that the award, when paid to the Secretary
tary OF the Treasury and invested in the i've per
cent bonds OF the United States, 10 remain on in
needed from time to time to pay the adjadicaS
against the fund when filed with the Secretary OF
the Treasury BY this means the fund being al
necessarily injured by delays In the adjudication OF
claims in the last three classes with which they
may be associated but will receive In fact interest
on their claims, II the amount OF the award shall
fall short Of paying the entire amount claimed.
The section further provides that the remainder,
after providing for the remuneration OF all claims
under the principles Of the bill, shall be covered
into the Treasury Of the United States, where by
right it belongs.
And your committee desire here TO reiterate their
belief that II the provisions OF this bill fully and
fairly carried out, as to give only true and just
amount OF losses to the claimants, the remainder
coming to the United States will be very c0nsid-
cradle II not very large sum.
Your committee beg leave, In conclusion, to re-
mark that in preparing this bill they have had q
single purpose emily, to do that which seems to
them Is demanded by equity and Justice In reliev-
ing the various classes of claimants according to
what appears to be their merit is the most speedy,
sure and Just determination OF all the questions in
volved that the losses by the unfriendly acts OF
Great Britain, as the ally of the enemies OF our
country during the war, may, as soon as possible.
receive that just indemnity for wrongs suffered
which has already been too long delayed.
All of which is respectfully submitted.
BENJAMIN f. BUTLER,
For the committee.