New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-02-10
CONGRESS AND PRIVATE LEGISLATION.

CONGKLSS AMI Univ Al l. I@I~bI'i'-A iiC-''
IBY TELEGRAPH 70 THE r2lBuNE.i
WAsmNGr N, Feb. 9-The absolute necessity OF
some measure torclleve Congress from the enormous
burden OF private legislation III the form OF petitions
and bills Tor the rchel of individuals is more kecnly
realized every year. In the last Congress single
committee of the House OF Representatiyes-the
Committee Gu Clalms-had on lis docket
1o1A biIls and already III this
Congress the same committee has
received by reference to il nearly 1000 bills. The
Committee on Invalid Pensions is sui worse OIL,
aud there is not a stan ing committee of the House
winch has not more n less private business Oh It's
calendar. For example, the COMMITTEE on ways
and Means Is divided into seven subcommittee,
tive OF which have been formed solely to examine,
consider and report on bills for the relief Of ind-
viduals or corporations and the number OF such
matters before these subcommittee is five OF ten
times as great as that Of pubic bills before the other
two subcommittee.
In TINS condition of affairs it is hardly a matter
for surprise that the Committee of Ways and Means
pleads its inability to prepare a bill 1or
a revision of the tarliI--a measure so
important and so urgently demanded by
the puOlic interests thai high tariff men, rev.
enue retormers and free traders alike favor H. ii
needs no argument to prove that court or com
mission of claims composed of 293 members ma
iority OF whom get into Congress, not because OF
their legal or judicial attainmens or experience, Is
not a lat or competent tribunal TO decide the cases
which food the flies Of Congress and 50 choke It's
calendars as to obstruct the public business.
Neither do the nine. eleven, thirteen fifteen
members who compose a committee OF the House
usually constitute "a tribunal tit or competent to
deal with these claims, most of which Oh vote Ill
volve questions of law well as OF fact. In re-
mort lust printed and submitted by Mr.. Bowman
of Massachusetts, of the Committee on Claims, the
mode OF procedure is described as follows:
clam against the Government is referred to com,
ruiftre of c House. by that committee II j. referred
to subcommittee usually Of one. lie taxes the papers,
and has before hun generally nothing but letters, cefth
cans an some affi avis. The evidence wholly cx-
nsrte There is 10 crusseXamnatiOn, or opportunity
for IT, No dcpositionsno way Of testing the truth or
faisity Of statements OF the case
Mr.. Bowman sensibly moralIzes as follows
II man shonld suggest that in the case Of claims in
court against individuals. such claims should he tried
wholly the evidence OF the claimant by OK Pate anna
not under OATH without any opportunity OF inspecting
or confronting witnesses by court. counsel or parties
without chance for crosse Examination ana without
any opportunity the defendant to be heard in his
and vet tis is exactly what is done in the case
claims against the Government, OF vast Importance
and involving III tue aggregate many Hlhohs Oh
dollars
Tie Committee on Claims. which makes the report
above mentioned consists of fifteen members, and
already there are about 1000 cases on its docket or
ahout ixtv-six to each member. Tie report mildly
saws that. under the system now in vogue, mis-
takes will occur, even when the claimants are en-
tirely honest" and, example, relates the his
tory of the claim of the heirs of John Davis.
a Revolutionary soldier. They applied to
Congress for communication of his half pay
tor life due him under the law. A
committee of the XXXIst Congress made a favorable
report on this claim, and a committee Of the
N cd IN dc fOr Is
payment and it passed the House. but failed in the
Senate. Subsequently the heirs applied to the Court
of Claims and in the course of the defence by the
Attorney General behalf of the United States,
it was discovered that MIR. DAVIS had, in 1874 re-
ceved the money due him, and that full receipt
therefor had been flied in the Auditors Office Of
Pennsylvania
heroport, after describing the expense and vexa-
tious DELAYS to which honest claimants subjected
under the present system, and which amount to a
virtual denial of justice, continues
1t is obvious that comparatively few Of these
DE reacIsd Tor action, even IN committee. BY allowing
ths Court Of Claims IN these where the committee
deeus Advisable 10 take uu0n Itse the labor of .nyest
gazing ana reporting upon e acls, the committees ana
Congress must Ice relieved OF 10y lar the greater part
The avoidance the proracted work Of examining in
detail All the evidence, Ciren very YOiuminos but also
SHOWN TO Dy uuo 10y t s'" , @ ia ltsaiI 10
when claimants iud thai their be subjected
10 a iuIlclai examination ana mat they bring
trop,r proof 81 tHClr alleged facts, they VIII
enc thcIn aud the worthless VIII be winnowcd
and disappear from the dOchrts oI committees ana OF
court, Congress and committees 10y tnis means. Ud
thcmscye- oi an tc burdens ANA abOr- o. Investigation
If claims and stu retain entire control OF their hnsl
allowance
The bill which the report accompanies provides
that whenever clam or matter which involves the
determination aud investigation If facts is pending
before either house Of Congress, OF before com
mIttee of either house. ~ any of the EXecutly"
departments The house the committee or the head
of tie Department may refer il 10 thr Court Jams
which snail investigate aud ascertain the facts. aud
the Court shall not enter judgment, but shal report
the facts to the house. the committee OF the head Of
the Department The bill further provides that IN
all sncl cases before the Court the Attorney General