, 1875-12-08

rta,.s July q, 1850. tho Third Auditor wta re-
qnirrd to transmt. Ills adjustment to Tho Second
Comptroller fer Ills tcei.lon.
ncs Of i'ch 81. 1SG7, Dee II. is!'. mud March 3,
1871. and bco. 100 Aprcnx to itey,hed Statutes.
tho jN,1sdctiou Of tho tonrt q Claims WAS DO
clarod not 10 include any claim ngairst tho
United States growing out Of tho destruction or
appropriation Of ur tlan,nge IL. property BY lilo
army or navy engaged in the nuppFeEBEan Of tho
rebellion, but claims Of losal citizens In Staten
not III roheiE!on for Quartosln1stot etorca aud
army are to bo rcporteti TO tho THIRD Auditor BY
tho Quartormaster-Gcucr or CommfsBary- -len-
oral. NTH recommendation for nottle'ncnt. =,
Wlilo no uniform rlsl0 has been adopted In tho
Rostenlont Of those claims, 1t Ia not Gaar 10 per-
cciyo tho reasons which induced Congrosa to
depart from TINT frat established In tue net OF
1876. uut, wllRtover may hAvo boen tlio renHon.
experience has shown that tho accounting Gill-
to have tho t1nty Of passing uron aucll c'aiNi'.
In almost avory case those settlements require
an investigation which properly belongs u n
court Of law. In practice, this investigation IL
often not made either by tho Thsd Auditor or
Hocond Comptroller, bnt Is necessar11y intrustrd
to suboslanatca not accustomed to cnnscr aud
weigh evidence. Thus grcat inl ued.o Ia Ione
the Government by tho allowance Of elaine upon
estdence takcn ex-'a1te which "o'ilu not 10 na-
certAinmcnt Of truth.
Tho act OF March TO- 1868, reproduced IN Sec.
191, 1seylRed Statutes. makes I at !caHt doubtful
| whsther tho Scrietnry OF tho Treasury my
power to prevent this evil un1ees he should
| take upon hitnhelf tho questionable reAponsl-
bility Of Iofusilg to Algll warrants for tho pay
mpnt Of Eitudeated claims.
Claims agaiust tho Government hnye hoen
rermtfted to sleep until tue of}iccse connected
NTH tllo trnusactons out OF Which they arose
llAro died. or Eoro out Of service. aud then been
revived aid supported by o1:.parta testimony OF
| tuela character as to caueo 'thcir allowance hy
tho accounting officers.
As . rartfal remedy for tho owl. II ID rccom-
n,ended that all such cIa1nln bo barred I! not
presented within specified time. Ihcrc ii.
practically, no limitation now. 1t will bo eeell
that the act Of 1916 barred CLAIMS not prosecuted
withn two yeara. Perhaps tha period Is too
short. Bix years is hdoTted In tho legislation Of
most OF tile StatcB as tho timo in which actlnns
| on simple conttaeee arc hatred. Clatals aEaiGst
tho Government should not bc valid fur n longer
timo than this. aud thero are BtEong roasonB fer
ro4uitin:; them to DO presented in 4 rhorter
time. But better and more etfeetual remedy
for Tic OWL would DO tho enactment OF q law re-
1niri1'F all auch slaIms to DO prosecuted n the
United S.atos Circuit Courts OK tho ds:ricta
| whore they arise, by proceedings in the nature
OF Buts a;ainBt tho United States, uulnr eneh
limitations md restrictions both ns to the right
to inHtitut3 tho suit and ~ to tho noae OF pro-
| cedu1c1 ae Congress may REQ proper to impose.
1t may to sattl thnt Auch course Houi bo ut
variance With the idea TINT the sovereign should
not bo subject to suit. Tho United statcA. III q
sovereign power. However. has practically rub
| 1ectea Itself to suit by tho legislation alruativ
cited. ~ well as by tho establishment OF tho
| Court OF Claims. Tho theory Ut exemption from
suit has heon Ionsf since abandoned III England
by tho allowance Of tho petition OF rleht IN any
equity at Westminster. Besides. no juHs Gov
otnmont can now afford 10 withhold from tts
citizcna thu right to present mud prosecute their
proper demands upon /: in aono form or oshor !;
I and 1t IL better both for tho Government and
tho ho.seat claIulant that tho claim should DO
passed upon By = competent ribunal armed with
power to ASCERTAIN tho truth and to prevent
| fraud. Tho advantage to tho Government Of
| Huch consao Ia manifest. Claims, instead Of
would 10 subjected to thorough examination BY
court aud jury, and the interests Of tho Gov.
ernmcnt would DO protected BY ita ATTORNEYS.
| Tho highest test OF tho csodibi1lty Of witnesa
consists Ii! cross-e1annation ly opposing coun-
sol in sl,e i,reHcncc Of sho tribunal which III TO
| weigh tie or,lence.
E1rer;enco has shown that, ae ru1o, no claim
subjected % tho scrutiny OF court in the rien-
lily nhcr, 1t nrlses ID ]ikoty to be sustained II 1t
IL unfouaissl in TACT. willie, on tho contrary. such
| claims are often carried through tho Department
without atttActing the attention Of thoss wi1,
either kEoH them to be fAlse or laVo tho ,ncans
Of proving them To DO 30, and not until thov are
| made puol!c, after payment. Is tile evidence Of
| ttelr fraudulent character produced. It has
happened That cIaima ltavo beon passed by tho
| accounting oticefH, which were subsequently,
| asceitained to be fraudulent anil fictitious. nnl
the Government has felt called upon to proceed
by civil action TO Tccurer tho monoy, nni to in
stltute cl sminal prosecutions aganet parties on-
gagged in the fraud.
In ENGLAND, ny an oct passed. In 1862, to
amend tile petition Of right against tho Gov
eEunient. tits provided that, 10 fur As Applicable,
tho courao OF procedure in tho tlihl Of smith he-
tween subject nnd subj oct should be extended
| thereto.
Trial In the victnaso Is no loss important to
tho Government than TO tho honest claimant.
| Iaoluiriug cltlxon from distant part Of the
| Union to como to Warrington aud bIin; his
proofs With him 10 Try lis claim agat4t tho
Government. often operates, oppresstve!s OH
him. md ia without corresponding benefit to tho
Government. it is difficult to percei1o why
such emo should not be tried IN Tho vicinity
wlero 1t Aiscs. and Whcre, as has been teforo
said, II tired with tho publicity attending jury
trial, with tho witnesses present to undergo
| cToaH-eSaminat!o tho establishment OF faihe
and fraudulent claims would certainIy DO render
cd moro difficult. Tho Qosor,,nent Wouls
DO placed at no disadvantage b,
I tho rolnotanesH oi Tho placo OF tt,n
from the departments whore tho public reouru,
arc ttept, for tho stntute arendy makes cortiiet
copies OF Bnch records competent ovidonce ant
they could we'll bo ssn. to Instant parts ot tht
country a. to the Court oitting in Wtshingto!
City. In 1fo aud exceptional caBos, tho pro
duction Of ngipal rccoria may bo required, hu
tlleso cuula be sons in charge OF 4 Proper Gus
todiAu.
REPORTS or BUREAU OFFICERS.
THE AEpuATs OF THE tlEAnH or urAEAUB
arc herewith transmitted, and reforred 10 d
containing statements unu information Of th