The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1885-09-19
MR., CRESWELL'S REPLY.
Asserting that Congress Fixed His SALARY
Alabama Claims Expenditures.

Alabama Claims Expenditures
A breezy correspondence has been
started with First Comptroller Durham
by ex Senator Creswell, counsel for the
United States before the Alabama Claims
Court, whose salary Mr.. Durham has
suspended.
Mr. Creswell says in "A letter of the lth
instant to the first comptroller: "know-
ing you to be the highest accounting Off
Ger of the government, | am unwilling to
suppose-iu fact, | cannot believe-that
these articles emanated from you. l
have received no official communication
fl ION you whatever upon the subject.
do not know from any otlicirl source
whether my salary has been stopped OF
not | know | have not revived it for IT, o
month of August. If you have refused
to pay it you have left me completely in
the dark as to the reasons which have ap
peared to you sufficient to Justify such an
action, and you have failed even to give
me notice to appear for the purpose of
presenting my views in support of the
claim
He spreads upon his letter copious ex-
tracts from the debates in Congress,
showing that his compensation ought to
be by fixed salary and not by appoint
ment, the only difference of opinion be-
ing whether the pay should be sig, 800,
$40, 600, $4,000 and s. a day expenses, or
$1,000. He shows that finally, on mo-
ton of Senator (now Secretary Bayard,
the latter sum was agreed upon.
Mr.. Creswell asks: "Who shall give
meaning to this proviso but the Senators
who debated it? And who shall be bet
ter authority than the very Senator who
amended the amendment to meet his
own views, and then proceeded to explain
precisely what those views were? OBJ
serve what Mr. Bayard said: 4 propose
to put that counsel on a level with the
Attorney General of the United States,
a cabinet officer, and to pay him salary
of $4,000, which, it seems to me, is
enough for his services This difference
between Mr.. Bayard on the one side, and
his brother Senators who agreed with
him. and yourself on the, other is irrecon-
cilable, and the inference is inevitable
either that Senator Bayard and his con-
frers did not know tho meaning OF their
own language, or that Comptroller Dur
ham is in error.
Mr.. Creswell goes on to say that after
a careful study of this law and the debate
which accompanied it, the former court
adopted in open court an order fixing his
compe ms ,tion at IS, 600 year, payable
monthly. This order he claims is still
i'm force. This is not a new court: it is
the Court of Alabama Claims re-estab-
lished, and all the permanent orders of
the old court az plicable are deemed to
be in force. Besides, the re organized
| court adopted it.
Cd, you n can to say that | have not
earned IS, 900 per annum for the three
years past, and that you can prove it by
measuring my work by the system of al
| lowances?'
Mr.. Creswell quotes tbe provision of
| the law establishing the Court of Ala
| bama Claims, which makes it obligatory
| on the court to conform as far as prac-
ticable to the mode of practice of the
circuit and district courts of the United
States. He continues:
There have bt en- filed in this court
since it's organization on July -, 1888, no
less than ), 151 petitions, claiming in the
aggregate S2S, 900, 900, without interest.
These involve every conceivable compll-
cation of fact and intricacy of law, and
represented by as.able counsel as appear
in any of the courts of this District.
With docket thus made up, and Sener-
ally with strong array OF vigilant and
astute counsel in opposition to the gov
| eminent, this court has tried and dis
posed of ,513 cases of the first class. in
which the amount claimed was 81, 69l.
900 and the amount allowed was 81, las,
600, and . 692 cases of the second class,
in which the amount claimed was Sl0,-
6S3, 600, and the amount allowed 81 ,53i,-
OGO-in all 4, 5G5 cases, leaving l, 4G6 cases
still for trial"
Mr.. Creswell refers to the section of
| the Revised Statutes which fixes the fees
to be allowed in the courts of the United
States, and says: "Here are 4.263 cases
tried and finally disposed of. Deductlng
600 estimated for cases less than $50 and
for cases disu Used, we have left 3 663,
| winch, nulllplleu ny gu, NtuC iaIo vi wv
prescribed by the statute give the COM
Portable sum of $13, 300 for docket fees
alone, saying nothing of the smaller
casts, which, together, would perhaps
amount to as much more.
'There remain to be tried 2.436 cases,
which, if not deprived of the necessary
assistance, we can dispose of in few
months. In these my docket fees alone
would amount to over $25, 900 DO you
think. on this showing, any good could
be effected by going back to section .
of the original act, long ago discarded by
Congress? Your plan will give unneces
sary trouble and consume valuable time,
and turn the court from it's pressing and
imperative duties, but it can in no wise
diminish my compensation
MIR. Creswell closes by making formal
demand for the continued payment of his
salary as sanctioned by law and usage
| heretofore, or tor Il detailed statement
in writing of the objections of the first
comptroller, SO that he may be able to
take the proper steps to maintain his
rights.