National Republican. (Washington City (D.C.)) 1872-1888, 1874-02-27

such rules and regulations to govern the
taking Of evidence as they may zee proper.
No wider latitude or more unlimited power
could be granted to any body Of men than
Is contained in this provision. 1t enables
the interested officials to establish arbitrary
If not unjust requirements, to which GU
zens are compelled to submit. and wnlcn
work the greatest injustice to both the ao'-
eminent and the claimant-to the Govern
ment, because it is placed in the attitude Oh
prosecutor and prosecutor rather than that
of desiring to render justice to the citizen,
and to the latter because it depriyes him OF
the privilege of being heard in his own be
half, the same as he would in controversy
in the courts between himself and another
citizen. In the Court of Claims the rules
of evidence are somewhat restricted by the
law establishing it as tribunal; but 1t Is
notorious that the rules governing the ad-
mission or rejection of testimony in cases
pending before it are more liberal more
just, and consequently more equitable, than
those which obtain in any Of the Executive
Departments. or before any OF the dovern-
ment commissions. For instance, the latter
often assume the responsibility Of seeking
evidence to controvert the position assumed
by claimants. While this is proper as
precaution against fraud it is sometimes car
ried to such an extent as to become an
abuse, and to invite, not purposely perhaps
but nevertheless effectively, the introduc-
ton or manufacture of false testimony.
When such testimony is brought forward 1t
is apt to be recognized in support Of the as
sumption that the claimant is plunderins
robber, unless he succeeds in proving MS
honesty. This entire question OF the ad
missibility of testimony and the conduct Oh
investigation has often been the SUBJECT Oh
discussion provoked by the manner In
which committees of Congress make In
auiries. 1t is notorious that allegations
have been frequently admitted as testimony
before committees of this kind which would
have been thrown out of any court of record
having the slightest regard for the
established and legal rules Of evidence.
Following the precedent established in this
way by the law makers themselves, 1t IS 10
be feared that the adjudicating officers Of
the Government have fal}en into the error
of accepting &c parte and oftentimes unre'
liable evidence. But whether they are
guilty of this error or not n is certain that
the latitude allowed to them in the estab'
n-.-..srr Of such rules and regulations as
they may deem proper is liable to abuse,
and that it prompts the assumption of q
greater authority, even to the extent Of
deciding cases without regard to legal
rns-it-n is plainly to be seen that de.
cisions of this kihs-..Y often be prompted
by prejudice, by false deductions, 9. ~
the impulse of the moment. Of course the
claimant is thus rendered liable to become
the victim of caprice. No lawyer in Con
gress or out of it can gainsay these declare
tons, and they will agree with us that to
do equal justice, the adjudication of claims
by Government officials should be based
upon the rules which govern the taking Of
evidence before the courts Of the United
States. These rules ESQ not Of recent orr
gin. They have stood the test of years and
are the =-ssult Of the experience of the great
regal minds of the world. They have OBJ
tanned for generations, not only in our own
country but in England, and wherever
civilized law. is recognized they are &C.
knowledged to be as perfect as human in
genuity can devise. The Government and
the citizen would alike be protected by
thep. and the we'll grounded cause for COM
plants against the former, which We now
hear so often. would be removed. Let Con-
gress act upon this matter at once. A gen.
eral law, applicable to all cases growing out
of claims against the Government, can be
passed, containing a comprehensive pro-
vision requiring their adjudication in a
legal and consistent form, and under estab-
lished regulations. The uniformity of ac-
ton which would be guaranteed byssuch q
law would not be among the least of its
benefits. ---.-- f-