Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1885-09-15
Comptroller nurnn.n TO Judge Creswell.

WASHINGTON, September IA. = First
Comptroller Durham has written letter
to Mr.. J. A. j. Creswell, United States
counsel before the Court of Alabama
Claims, III regard to his compe ensation
under the law, in which he says: with
out discussing that portion of your letter
of the 1lth instant replying to articles in
the Washington Star and New York
Herald, with which this office has no con-
cerp. L would respectfully call your atten-
ton to section OF the act of June %,
1874, us Stat. 246) in the following words:
That the President may designate a coun-
selor at law, admitted to practice in the
Supreme Court of the United States,
to appear as counsel on behalf of the
United States and represent the inter
est of the government in said
suit, and in all claims filed for indemnity
for losses as provided by this act, subject
TO the supervision and control OF the
Attorney-General. Such services aud
expenses, such reasonable allowance
in each case as may be ap-
proved by the court 70 be appointed in
each claim adjudicated, and paid from said
award upon the certificate OF one of the
judges, and to the provision of the act OF
March 8, 1875 Us Stat, 373) thus: That
the compensation of the counselor OF the
United States provided for by sec
ton of the act of Congress creating
|. a Court Commissioners of Alabama
claims, approved June %, 1874,
shallnot exceed $1,000 per annum,
| and refer you to the rule OF construction
| laid down by Chief Justice Taney in
Aldridge ct al, vs. Williams g How, 24)
as follows; Ia expoundinz this law the
| judgement OF the court cannot in any
| degree be influenced by the construction
| placed upon it by individual members OF
| Congress in the debate which took place
/ on its passage, nor by the motives or rea-
| sons assigned by them for supporting or
i opposing amendments that were Of
| fered. The Law as it passed is the will of
i the majority of both houses, and the only
| mode in which that will is spoken
/ is in the act ITSELF and we must
/ gather their intention from the language
/ there used, comparing ii, when any smbi-
| guilty exists, with the laws upon the same
subject, and looking, If necessary, 10 the
public history OF the tunes in which it was
passed See, also, United States vs. the
Union Pacific Railroad Company (9l Uni
tsd States, 20 Hardcastie, Statutory Law, 56
| Bishop, Unwritten Laws 76, "a; Sedg-
wick's Construction Statuary and Constitu-
tional Law, 203, 204, to note l5; Opinion
At.ornev.,T,-,,...-~-i-62 ,.-~-i- 625), upon the language
of the above section, and the act .. .. Malea
8, 1875 as Stat. 37S), amendatory
thereof, authorizing compensation to
be allowed to counselor at
law. am of the opinion that such
| compensation is not fixed at an annual
salary of $1,000, Congress leaving the same
(not to exceed that sum- to be ''appor.
toned in each claim adjudicsted by the
Court of Commissioners of Alabams
Claims: and that will not be warranted
in passing your accounts Tor compensation
unless the plain requirements OF said sec
ton are complied with. The rulings o.
my Predecessors on questions arising il
former accounts heretofore presented fol
their action thereon, though entitled Il
weight, are not binding On NE in passing
subsequent accounts now for the firs
time presented for the action O
this office thereon. u, therefore, il