New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-13
CLAWS AGAINST THE GOVERNMENT

his activity. "
CLAIMS AGAINST THE GOVERNMENT
The chief source of corruption in Congress,
delay and ineiliciency in the transaction OF the
public business, and demoraizing practices in
the management of the departments, Is the
avalanche of "private claims' which sweeps
down every session upon the Senate ana tne
House of representatives. The evil has been
growing ever since the formation of the Gov
emment The trainers of the Constitution
made no provision for the determination OF
appeals by the private citizen to the justice
or generosity of the Government. Follow
ing the English theory, they held that the
Government could not be sued but 1T was
presumed to be always ready to do justice on
petition, and mt first the demands for relief
were not moe numerous than Congress could
attend to. But in the course of years claim
ants have become so many and Congress has
become so large that this method of dispens-
ing relief is no longer practicable. Con-
gress refers the matter to committees; COM
mittees delegate it to subcommittee,
often consisting Of only a single person-and
he, perhaps, quite unfit for the task and
when il has run the chances of the committee
il is exposed in the House to such multitude
of accidents and influences that it is wonder
ii Just claim is ever successful, or an unjust
ore defeated
Some years ago Congress provided partial
remedy for this evil by the creation of the
Court of Claims. The class of eases Of which
this Court has jurisdiction, however, l.
strictly limited, and there is an i'm
mcnae number of other cases, not COW
cred by the statutes, winch can only
be disposed of by the discretion of the
National legislature Such, for instance,
are claims falling within the princi-
"ples, but not the terms, of existing laws !"
claims for important service to the Govern
mcnt rendered under circumstances which i'm
pose upon the Government moral but not a
LEGAL obligation to give compensation appli-
cations for the extension OF patents claims
for damages from the wrong or mistake OF
the Government itself etc, etc. IL Will perhaps
surprise the reader to know that the number
OF these exceptional CLAIMS submitted to Con-
ercss is no less chan $500 at every session,
or about five every day. 10 Is utterly lmp0s-
-bc that either Congress or its committees
should give proper attention to such % multi
tudr of prlyat. bills. Hence the lobby flour
i>bcs. Hence the Capitol always echoes with
runors OF jobbcry and corruption. lience-as
n rcuort now IN orr hands observes" there
care Just claims which have been before the
" Congress for half "a century, and been favor
ab,y considered in one Congress by one House,
"and in another Congress by the other, without
ever having received that concurrent action
lin any Congress necessary to determine them.
There arc other claims which have been re-
"pcatedly rejected by both houses, which are
"aeail and az i'm presented Cor the chances OF
"lc..saiion" The pursuit OF Justice in Con-
gross Is like search for the same boon IN
the tribunal o. Turkish pasba.
Mr.. Clrks3n n. Potter, from the Commit
tee ON Reform in the Civil Service,
has BOW introduced q bill to sweep
away this abuse. lie proposes that
" any person who may have o claim against
" the United States. of which the Court Of
80 Cium. would not now have jurisdiction, but
founded upon equity and justice. may file
." ms bin i'm the Court of Claims of the United
&" States. setting out the grounds of ms claim
"and che relief desired by him. The Court
shall try the issues Of fact and report
the findings t0 Congress. with a recommends
ton; and Couzre+, viii thcreupon give the
haH decision. no clam is 90 bee considered
b. Congress unnl 10 Ut, passed this ordeal.
I'm some respects Ibis seems to be a very
sensible bill It will put a stop to a
vast amount Of fraud and corruption, it
will expedite business it Will help honest
claimants, aud it will protect the pub
lie Treasury. At The same time It reserves TO
Congrcs, the ultimate right to decide all ex-
ccutioual claims upon equitable principles.
The investigation Of the facts, which cannot
be- made in committee room, is referred to
n court Of law organized expressly for that
sort of work. And wc DO not suppose that
anybody can object TO a Judicial inquiry into
the facts except petitioners whose claims will
not bear examination, lobby-aEents who fat
ten on the existing wrongs, and here and
there a thrifty Congressman who wishes to
turn n penny by the help OF the present sys-
TEN. The bill, however, 50 far as we can
see. is entirely unguardcd against one
abuse, which ought to constitute an
msuperable objection. There is nothing
to prevent the thousands of disloyal
claimants for damages done during the war
from flooding the court with their claims, and
securing judicial recommendations in their
favor. If this point can be carefully guarded,
the bill will doubtless do good. If it cannot
be, the bill should be promptly and effectively
| killed.
HISTAKING SAUCE FOR Sour.