Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-05-26

Total. .S317,731 %
The commissioners receive $4,000 per an
mum each, the clerks $500, stenographers
$500. The commission was organized I'M
der the act of March 3, 1871, to serve a tenn
porary purpose, and its existence has been
twice extended. It's jurisdiction was limited
to one class of claims nly-quartermaster
and commissary stores furnished by or taken
from loyal citizens of the States in rebellion,
and used by the army or navy. The time for
filing claims was limited to two years, from
March 3, 1871, to March 3, 1873, and the to-
tai number of cases originally filed was
%, $685. of which IL, TAI have been disposed
of and 9551 remain to be disposed Of At
this rate it will take six years to dispose of
the claims pending, which at the annual cost
S45, 800 II, would amount to 1921, 341 OF,
every cent OF which can be saved to the tax
payers by the reference of these 9551 claims
remaining to the court of claims, the ex-
penses of which would not thereby be in
creased. The evils and hardships growing
out of the practice before this commission
viii be apparent by few statements fur
nlshed me by a reliable gentleman. For in
stance, where claims exceed $4,000 the law
creating the commission requires that
the claimant and all his witnesses
shall come before the commissioners, or
one of them, in person; to come
to Washington at great expense and
the pending claim. Again, these special
agents are allowed by law to investigate
Claims, and the entire territory of the States
lately of the Confederacy Is apportioued
among them. Claims of from $4,000 to
$4,000 are required by the commissioners to
be investigated by one of these special
agents, and those below $4,000 and above
$4,000 may be. 1t Is the practice to have
the greater number of these investigated.
Under these rules, the territory being so vast,
and the number of claims so great and SO
widely distributed, it is impossible for these
three special agents to do the work. In ad-
dItion to the annoyances inevitable from this
practice, 1t often happens that claimant
goes to the expense of bringing witnesses to
Washington, after which one of the special
agents goes to the claimants locality, takes
some erparte testimony, whereupon the
claimant Is put to the additional expense of
bringing witnesses to Washington to rebut.
1t is thus within their power to delay and de-
feat claimants at will. The special agents are
allowed to present statements not sworn to
and erpdrte testimony, while the claimants
legal dispositions. AS matter OF fact, these
special agents conduct their Investigations
without notifying claimants or their
attorneys, so that great expense, delay
adm injustice often results, the COM
missioners after such erpayte testimony has
been taken refusing to recall the claim
ants witnesses for cross examination. Surely
the government and the claimants ought to
be on the same footing. They will be when
this southern claims commission, the result of
partisan passion, is abolished and the cases
before 1t turned over to the court of claims
conducted, as it is, with the order of con-
fornity to rules of practice which obtain IN all
well-organized tribunals. As to the annual
cost of the court OF claims it is set down In
IL. =,
has character among lawyers OF every cast
and degree that gives assurance of Justice
and prompt decisions, without vexatious de-
lays or tie Interference of special agents.
John Sherman, not always a reliable witness,
says of the court OF claims, that it "has the
prestige Of court o. justice. It's judges are
appointed for life, are men known to be
learned in the law, presumed from their po-
sition to be competent and impartial. They
hold their sessions in public and conduct their
business Systematically, taking up their cases
with full notice to the parties and
hearing them deliberately upon evil
dence taken upon notice and
upon cross discrimination. In the ad-
mission of testimony they are governed by
the principles of law established by the high
est courts. AT least three OF the five judges
are required to agree In all matters of fact as
well as all matters of law, and their decis-
ions as well as their introductory proceedings
axe of record; and an appeal lies from their
judgment IN all proper cases to the supreme
court of the United States. Judges of such
court are not approached by parties or at
torneys with erparte statements as most
committees aud commissions allow then-
selves to be, and their judgments in the es-
timation of the community are fairly based
upon the law and the evidence, and com
mand respect due to no tribunal in this
country except a court OF justice The Sec
rotary therefore prays that al disputed aues-
tons of law and fact WINCH are of impor-
lance enough to occupy the attention Of such
a court be tasen from the treasury depart
ment and RETIRED 10 the court Of claims, as