The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-08-08
THEnLABAMA CLAIMS COURT.
Hon. J. A. J. cresweII Replies to Its
Critics.
Interesting Facts ,shown by its Rec
ordS.

ordS.
The Alabama Court of Claims has been
subjected to some criticisms of late in certain
newspapers as to the transaction of the bust
ness upon its docket. On July oath last, pri-
or to the adjournment Of the court, Hon. J.
A. j. Creswell, counsellor the United States
before the court, made an address in which
the tribunals proceedings from the date of
its organization to the present time were
passed in review. As Mr.. Creswelps address
contains many instructive facts of interest to
New England claimants, condensed report
is given below:
Your honors will remember this court was
organized the 18th July, 1882. 1t has, there
fore, been in operation three years. The
total number of cases filed of the first class,
at the expiration of the six months appoint
ed by law was 1902; the total number of cases
OF the second class was 4149, making an ag-
gregate of 57S1 cases, the total amount
claimed in these two classes being about
$27,000,000 Of these there were tried and
finally disposed of in the year 1888 S32 cases;
in the year 1884 1896 cases; and in the wear
1885, up to and including July %, 1868 cases,
making the total tried and finally disposed of
amount to 41S1, leaving still untried 81 cases
Of the first class and 1543 cases Of the second
class-a total of 1910 cases.
During the first six months of the life of
this court It was not possible for us to pro-
ceed with the trial of cases according to any
rule. We had to adapt ourselves to cireum-
stances, and as soon as it was possible for us
to do so on the suggestion Of counsel for
claimants, we took up certain representative
cases, involving certain principles, which it
was deemed necessary the court should set
tie, and at an early day These cases were ar
gued, counsel for claimants being allowed
unlimited right to appear, both as to numbers
and as to time, to discuss these questions
fully. They were discussed before the court
and decisions were rendered, and thus gem
tlemen were enabled to ascertain the way in
which their cases should be presented
OF course as the life of the court has pro-
gressed ehave succeeded in bringing before
it more cases, simply because more cases
were ready for trial, and we have tried dur
ing the seven months of this year-counting
the 90 days of July that have expired as full
month-as many cases as were tried during
the whole of last year, and if we count the
cases that will be tried up to the end of the
month we shall exceed the whole number tried
in 1884. Since the court met in October, 1884,
there has not been any cessation in our work
1t has gone steadily on, and we have tried in
that time and disposed of no less than 2156
cases. Each case has not simply involved
the consideration of one claim. These cases,
many of them, are intricate and require the
investigation OF complex array of figures,
and the application Of those figures to 40, 30
or 70, and in one case about 150, different par
ties.
The result has been that in making up
judgments in 1881 cases the court has found
it necessary to enter 1922 judgments of the
first class and 5486 judgments of the second
clasS-a total of 720S judgments, or nearly
twice the number of the actual cases borne
npon the docket. These are in reality sepa-
30 Oh. ii
as much consideration as though entered as
separate case on the docket. In the cases
of Glass tried up to the 18th of July, 1885,
there were claimed $1,000, ,34391; the court
awarded 50, 145, 731.5S. In the cases Of Glass
2 tried within the same time there were
claimed $10,152, ,280.4 40; and the court award
ed 1924, ,S20.46. There are still to be tried
27 cases of the first class. L do not conceive
that those cases can by any possibility in
crease the figures OF the judgments of Glass
to more than two million and half of dol
lars, and that is very liberal allowance.
Adding 80 per cent. for interest would leave
an aggregate of three millions and seven or
eight hundred thousand dollars. The resi-
due, amounting to between five and six mil
lions OF dollars, will of course remain over
for distribution pro rata among the second
class claimants.
Some criticism has been made of the ses-
Sions of the court-that the court has not re-
manned in actual session more than three
hours day. In reply to that will say that
the time fixed has been the result Of the
courts best experience with a view to the
dispatch of business. When the court first
met 1t sat longer. 1t allowed a vast number
OF cases to be precipitated upon it, and the
court found itself involved in the eonsidera-
ton of a number of intricate questions of
fact and law with its clear perception of
those cases somewhat confused by cases
subsequently presented, and the labor of
bringing up those cases much increased, and
the court, after consultation with me, agreed
that the best way to expedite business was
to decide cases as tried, and that the court
should sit just as long as would enable at
torneys to present the number of cases each
day that the court could dispose of in that
day. The result has been that the court has
kept up with its work, and there are very
few cases submitted where judgment has not
been entered up.
Judge French--And there are some special
reasons in each of those cases why it is held
up.
Mr.. Creswell-That is, of course, within
the minds Of your honors. Some Of them,
know, counsel themselves, have specially
asked to have held over, with regard to ben
ehelaries. | say, then, that the court, after
mature deliberation, after an experience of
several months, through which it struggled
In the vain effort to dispose of this business
In more rapid manner, came to the conclu-
sion that it was better to devote three hours
OF the day to sitting in open session, and to
bestow the remainder of the day, and as
much of the night as might be needed, upon
the disposition of the cases submitted. The
testimony is all printed. Some days we try
twenty cases or more. 1t would be absurd
to attempt to read the testimony in those 20
cases in open court. Counsel will say: 81
will take the auditors report and submit the
case on that" But that does not relieve the
court from the necessity of going over the
testimony in chambers. L repel Indignantly
the insinuation that there has been in any
way, in any manner, at any time, any falling
off in the duty of any officer of this court, so
Jar as know On the contrary, appeal to
my diaries showing the daily bulletins placed
upon the board of cases set for trial, show
ing that we have always been in advance of
the attorneys for the claimants, that we have
placed on that list hundreds of cases which,
by the request of the attorneys, have gone
off because they were not ready, yet from the
fact that we placed many cases on the bull
letin, we have kept the court busy, even
without the cases which have gone over, and
in that way it is that we have disposed of
nearly 2200 cases since the court met last
October
Since this report was made in addition to
the above, 100 more cases were tried prior
to adjournment on the 29th 20 being tried on
one day The court expires by limitation on
the 31st of September next, at which time
there will probably be between 800 and 900
cases untried. Whether or not Congress
will grant an extention of the time to finish