The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-04-04
CLAIMS OF WITNESSES AND JURORS.
Marshals May Not Pay Them TO As
SignecS...The First Comptroller
Enforcing the Law as 1t Is.
TREASURY DEPARTMENT,
FIRST COMPTROLLER OFFICE,


FIRST CoMPrROLLER's OFFICE,
WAsHINGToN, u. c. March p.
To the Editor Of The GreenUitle NeWS:
The recent determination Of this office to
see that money appropriated for jurors and
witnesses shall be paid TO the parties entitled
10 ii under the law has provoked very harsh
ctGS IN SoH S@e rshs Iy be-
Affected thereby. While ncit her attempt to
keep track OF all that Is said about the action
of the Comptroller's Office, nor assume to vim
dicate 1t when criticised, still / have felt an
interest in the comments in South Carolina
concerning the above matter. and would be
sorry to see the ComptrollerS oilcG lniSJudged
in the matter.
except by virtue OF statute; and the United
states has distinctly saia in Il statute (Act OF
Feb. 26 1888, now Sec. 3iIT Il. > that no clail
or chosc-n- action, against Itself, or interest in
or concerning the same. shall In anywiSe be
transferred or assigned. This statute has
been cab6ratcly considered several times by
the Supreme Court Of the United States. In
| the case of GilliS, 95 L. -, the court says;
NO language could he broader or more EN-.
phatic than these cnactncnts. The words
embrace every clai m against the United
States, however arising, OF whatever nature
it may be and wherever and whenever pre-
sentcd.
..The statute strikes down and denies any
effect to powers Of attorneys. orders. transfers
and assignments, which before were good in
equity and which debtor was bound TO re-
gard when brought to his notice.
ave discover nothing in reason, nothing in
| the mischief the act was plainly intended to
remedy. and nothing in the language employ
! ed tending TO warrant the admission OF any
| exceptions from the comprehensive provision
made; nothing that can Justify onr holding
that, when Congress said all transfers or
| assignments, partial or entire, absolute or
conditional, of claims against the United
States shall be null and void, they meant
| they should he in operation only when pre-
sentcd to the accounting officers OF the Treas
ury, but effective when presented everywhere
else"
In Spofford V. Kirk, 81 L. S., the court says ::
"The statute embraces alike legal and equit
able assignments. 1t includes powers of
attorneys, orders or other authorities for re-
cciving payment of amy such claim, or any
| TART or share thereof. II strikes at every,
lerivative Interest, in whatever form acquir-
ed, and incapacitatcs every claimant upon
| the government from creating an Interest In
the claim in any other han himself"
! Comptroller Durham has made no new rul-
| ing in this matter; he has announced no
principle of law that was not announced
| long ago by his predecessors and confirmed
| time and again by the Supreme Court Of the
United States, and that has not been CON
stantly and easily applied in the operations
Of this office Whenever Il person claiming
| to be Il purchaser or assignee of the fees Of
jurors or witnesses has presented his claim ut
the Treasury, he has been invariably notlfl'
cd by the First Comptroller that he had no
rights under the law. II the predecessors Of
Judge Durham, in the multitude of their du-
ties. did not persist in going behind the re-
turns of a marshal in his accounts for the pay
ment of jurors or witnesses, IL was because
| they assumed that the marshal had done
every thing properly aud In accordance with
| the law, as represented on the face OF his nc-
counts. But when marshals have been so
non-observant Of the law as TO permit a trut-
fic in such claims to grow up causing public
scandals to Grisp, grand jurirS, l. some IN.
stances, going into court and making formal
presentment of tie manner in which the
claims of jurors and witnesses arc being shay
ed, il Is certainly high time for marShalS to be
admonished of their duty in the matter.
This Office has simply determined 10 suHiec.
the accounts OF marshais t. ali oXaminalio
are disbursing public funds in the manner
| in which their accounts represent, that is to
! say, In the manner authorized by law.
! The First Comptroller is not responsible for
the non.assignability OF claims against the
government; nor can he undertake to maize
imperative a law OF the United States. lie is
not invested with discretion to approve the