The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1878-12-05


indebted TO the United States. It Is respectfully
submitted that the rate over these roads be ore.
part Of Tie sinking Fund OF said railroads. pro
vded by Jaw.
BUREAU OF ESGRAYIsG AND PRISrISO.
At the close Of the last fiscal year there was an
unexpended balance OF s052, 1896 II Of the aPpr0-
bureau. OF this amount, in accordance With the
act approved June 20, 1873. the sum OF sS27t
536 80 will be expended In the purchase OF a site
for and the erection OF q f%re.proof building for the
bureau, the wort on which j. now progressing
s anlna tSs IN SPa Is W. RrUsa SsyuS ne cq f4c% iss
action Of Congress at IT'S last Sos
sion, : that It holds that the engraving
and printing OF the public securities can be mo.e
than in private establishments. and the Secretary
has. therefore, directed that all work Of this de.
be done therein. The cost Of the work Is less than
%one.llhlf the prices previously paid.
After careful inquiry q has been aseertained
that the prices paid for the paper used for public
securities are greatly IN excess Of its cost, ana pro
posals bhVe been invited for the manufacture Of q
suitable paper. OF a distinctive character, Tor tlls
purpose, no action uDon which has yet been taken.
DISBURSEMENTS or THE co-MATssIosERs OF THE
DISTRICT or COLUMBIA.
The act OF Congress Of last session providing q
permanent form OF government for the District OF
for the fiscal year ending June 80, 1879, and for
future years, 40 long as said act should remain IN
force, Of one-half Of the expenses for The govern.
nlent OF said District. as estimates therefor should
DO approved 10y Congress. II also provided that all
taxes collected should be paid into the Treasury OF
the United States, and that they, MS well as the APP
prOpriations TO DO made 10y Congress, should be
disbursed for the expenses OF Baid District on item
lied vouchers. audited and approved by the AUDI,
tor OF the District. and certified by said Commits
sioners, or "a majority Of them; and that the &C
counts Of said Commissioners, and the taX-eOllect-
ors, and all other officers required to account,
should be settled and adjusted by the accounting
| nflRlya tf the TpaaEupV IlalaNlInnUt nI the IfuiflH
States.
A provision was. however, enacted that the inter
should be paid by the Secretary Of the Treasury.
and credited as q part Of the appropriation for the
year by the United states towards the Districts
expenses.
The act was approved June IL. 1873. and the ap-
proval was consequently too near the end Of the
session Of Congress TO have estimates prepared for
the fiscal year ending June so, 1873, In conformity
TO the provisions OF sald act,
The Commissioners of the District had, however,
1n 6 Hne glst o. d% SaSgdsFGy :l hsrs, sSe% SR sSoS Ss' on tSs
4th OF June Of that year, for the general expenses
OF the District for the fiscal year ending June 80,
| 1879. and Congress, by the sundry civil act, ap-
proved June 20, 1873. appropriated. for the general
expenses of the District, $1,25O,000. 20 be dis
bursed by the commissioners for the purposes set
forth In said lastnained estimates; and TIE SEQ
rotary of the Treasury was authorized 10
advance. from time TO time, 10 said Commissioners
from the money thus appropriated, such snins as,
I'm his udgtnen might he necessary 10 carry on
the government OF the District, including accruing
interest on bonds.
1t has been held by the accounting officers that
these acts are 20 be construed together as parts Of
one scheme OF legislation. 1t Will no perceived
that the disbursements made by the Commission
es are to be regulated and limited by estimates
approved by Congress; that accounts are to be kept
by the Commissioners Of the District independent
of those kept by the Tax Collector aud other OIL
GERS.
1t has also been held that all disbursements for the
expenses Of the District, except where otherwise
particularly specified, are to be made by the Com
/ that NIAa 1rN ora mt ~ o. hA
regulated and limited by estimates approved
by Congress- that an accurate. account
la i, TO tsoei6 Ss kent sSs disburt taS Ge"T 9Sss tSsy
are TO DO made upon vouchers, audited and
approved by the Auditor Of the District, and certi-
fed by at least two Commissioners; that the 40
counts OF the Commissioners, with the original
vouchers for disbursements, are TO be submitted to
the accounting officers OF the Treasury Department
OF the United States for settlement and adjustment;
and that advances for the payment Of the current
expenses OF the District are TO be made to the
Commissioners, from time TO time, by the Seere-
tary OF the Treasury, as he shall approve requlsi-
tions made by them.
This construction has been adopted after a care
full examination OF the acts, and will be continued
unless Congress shall signify its disapproval by adj
ditiOnal legislation,
The attention OF Congress is again called TO the
necessity of some legislation as 70 the adjudication
of claims which are now within the Jurisdiction OF
tins Department.
While the Department is well organized for the
investigation or accounts acerulng in the ordinary
course of current business, 1t is not adapted to tile
examination OF old and disputed claims OF q differ
ent character.
methods adopted in all our Courts for ascertaining
the truth, are undoubtedly the best. For this pur-
pose a tribunal, which will require the best
case will admit, the production Of original
papers rather than pretended copies, the sworn
statement OF the witness himself to facts in his own
knowledge and not the hearsay of third parties,
the examination and erOss-examinati0n Of the wit
ness, not his ca pdrte statement privately taken, a
public hearing, aud a public record OF proceedings
open to inspection, Is essential.
These are some Of the safeguards which the ex-
perienee of the wisest Legislators has placed around
the judicial investigation OF questions Of law and
fact.
IL is evident that this Department can not fur
nish these safeguards; and a provision of law which
puted questions of law and fact il eeommende%
The Court Of Claims lie a tribunal well qualified fo,1
such jurisdiction. 1t has the prestige OF a court o.
Justice; its judges are appointed for life, and trans
act their business deliberately, systematically and
publicly. They are governed by the ordinary rules
OF law, and their decisions are of record with an
appeal IN proper eases to the Supreme Court OF the
United States.
In this connection your attention is invited to the
importance Of providing some limitation OF time
within which claims against individuals and
against the Government shall be prosecuted. or,
for want Of such prosecution, be forever barred.
Such limitations, which form part OF the codes of
all civilized Nations, rest partly upon the theory
that the public peace demands an end OF litigation,
but mainly upon the wei founded assumption that
q delay beyond a reasonable time to prosecute u
claim, furnishes a presumption that II Is tlnf0unded.
Even as to real estate, an acqulescence In a known
adverse possession for twenty years, In most OF
our States furnishes n conclusive bar TO the claim
of any person out OF possession. The Limitation Of
six years after the claim against tile Government
first a%ccrues, established by law In the Court Of
Claims, seems to be reasonable.
With regard TO the claims IN favor Of the Govern.
ment,, especially against those who have ex,
ecuted bonds az %sureties, It seems Just
| that QOInA nIDNlg1Nn should = IN mazda