New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-06-19


SPOILED By BEING TOO BROAD IN ITS APPucA-
TON.
[BY TELEGRAPH TO THE TRIBUSE1
WASHINGTON, June 1s.-Among the bills passed
by the House this morning, by more than two-thrds
minority. was that prepared by Mr.. Potter, provid-
ing for the reference Of all private claims against
the United States 10 the Court of Claims,
The BILL in substance, provides that any person
who NAV have clam against the United States OF
which the Court Of Claims does not now have juris-
diction. but which is founded upon equity and JUS
tce may file his bill in the Court Of Claims, setting
forth the ground of his claim and the relief he de-
sires. The Court is directed to find the facts APP
pearng from the testimony in each case and to re-
port its findings to Congress- with an opinion as to
the determination that should be made Of 1t. Con-
oress on its part is forbidden to consider allow
authorize the payment Of any private claim not paw
able under existing laws until IL shall have been
heard and reported upon by the Court Of Claims.
All the claims not prosecuted within six years after
the passage Of this Act or Of the time when they ac-
crued are barred, except in cases where the claim
ants are under legal disability to sue and then the
suis must be brought within three years after this
disability shall cease
Mr. Pottcr's object in preparing this bill and Sc
curing its passage is to take out Of Congress the
consideration of private claims, and to enable that
body to devote its attention TO public business No
one not familiar with the daily business Of Congress
can have any adequate idea Of the flood Of private
claims that appears at each session pressing for con-
sdeTatOn.
Many of these claims are just; many of them are
fraudulent. But under the present system
the fate of a claim depends less upon its
merits than upon the amount Of Congressional
influence that can be brought TO its support.
Thousands of Just claims for property or services
taken by or rendered to the United States have
been pending before Congress year after year until
they have become 40 familiar as the appropriation
bills. Many of them have passed both houses of
than but, they failed because the
concurrent action Of both houses has never been
obtained in the same Congress. The number of
private claims presented in a session now averages
about 800 or about five for each day Of the ses-
sion. But even if it were physically possible for
Congress TO give its attention to the private claims
presented. no tribunal could be less fitted to ex-
anime and decide upon thcm The evidence taken
ia generally offered in the form of statements or
ex parte affidavits, to which no answer Is usually
made. Opposing testimony is rarely taken, and 1t
is seldom that witnesses are called or cToss-ex-
amined. IT, therefore, Mr. PotteTs bill could
become q law without opening the door to a myriad
If claims from disloya persons for damage done by
the United STATES army III bllC t2ou' ''A'ib '''N
war il would do more to relieve Congress and pro-
mote the transaction ofpubhc business than any
other measure which has been proposed during the
present session.
The opposition to the bill has arisen principally
from a fear that such safeguards have not been
adopted as will prevent the consideration OF claims
presented by disoyal persons. Every previous bill
that has been passed by Congress since the close OF
fine war whether giving 10 the Court of Claims jurs-
dietion of captured and abandoned property cases,
m the Southern CLAIMS Commissioners Jurisdiction
Of questions relating to the appropraing Of stores
and supplies for the use Of the army. or to the
ouartermaster-GeneraPs and Commissary-Gen-
erals departments joint jurisdiction with the
Southern Claims Commission over a certain class OF
claims, has always provided that loyalty should DC
established before a case should obtain any stand
ing whatever OF should even be considered. Mr.
PotteFs bill contains no such provision and II 1t
should become q law in it's present form, every
citizen Of the South whether loyal or not who
suffered loss through the occupation ofSOutbern ter
ritory by our army during the rebellion, would 10
entitled to bring suit for the recovery OF damagesh
the Court Of Claims.
Under existing laws and the decisions Of the
Supreme Court the question of loyalty could not be
considered in connection with the prosecution OF
such claim. The subject having been brought to
the attention of the Supreme Court few years ago,
IL was decided that President Johnson's Amnesty
Proclamation restored all those who accepted 1t TO