The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-15
DURHAM AND CRESWELL.
Continuation of the Correspondence as to the
Latter's Compensation.

Continuation of the Correspondence as to the
Latter's Compensation.
WASHINGTON, Sept 14-First Comptroller
Durham has written a letter to j. A. j. Cres-
we'll, u. S. counsel before the court of Alabama
Claims, in regard to his compensation under the
law, in which he says:
without discussing thatportion of your letter
of the 18th inst replying to articles in the
Washington Star and New York Herald, with
which this Office has no concern Il would re-
spectfully call your attention to Section of the
act of June 90, 1884, tl8 Stat. 246), il the
following words: That the President may
designate counselor atlaw admitted to prac-
tice In the Supreme Court of the United States,
to appear as counsel behalf of the United
States and represent the interests 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 con-
troll of the Attorney general, such services and
expenses and such reasonable allowance in each
case as may be approved by the court in each
claim adjudicated, to be paid from said award
upon the certificate of one of the Judges and to
the provision of the act OF March 8, 1875 rs Stat
373) that the compensation of the counselor Of
the United States provided for by section Eve of
the act OF Congress creating court of commits
sioners Of Alabama claims, approved June %,
1874, shall not exceed $4,000 per annum,
and refer you to the rule of construction
laid down by Chief-justlce fancy: The
law, as it passed, is the will
of 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 it, when any
ambiguity exists, with the laws upon the same
subject, and looking, if necessary, to the public
history of the times in which it was passed See,
aiso United States VS.. Union Pacific Railroad
Company (91 United States, 70 Hardcastle
Stat. Law. Sc Bishop, Written Laws rs. II;
Sedgwick Construction Stat. and Const. Law
BOB 2O4, foot note Is, op. Att Gen. 625), upon
the language of the above section, and the act of
March 3 1879 Us Stat. 373 amendatoIy there
Of authorizing compensation to be allowed
to a counselor law am of the
opinion that such compensation is not fixed at
an annual salary of $8000 Congress saving it
shall not exceed that sum- and that will not
be warranted In allowing your claim for that
sum, unless the plain requirements of said Sec
ton are complied with. If. therefore, IT allow
ing your former accounts. the present question
was called to the attention of my predecessors
as you suggest, 1 cannot concur with their views
in passing upon the accounts now for the first
time submitted for the action of this Office.
$50 much in reply to the legal position as
sumed in your letter. In reply to yonr refer
ence to the value and necessity of the services of
counsel, will add that, even admitting your
view of the same such services seem to have
been abundantly compensated since, / find
from a taouar statement prepared in this Office
that there has been paid for special counsel
since the re-estabishmept of said court, in July,
1882. to the 3lst Of March, 1885, the sum of
$l66, 739. "a, and this sum does not include the
salary Of the authorized counselor at-iaw."