Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-20
DEPARTMENT CLAIMS.
Senator Morgan's Bill for Their
Legal Adjudication.
4 COURT OF DEPARTMENTAL APPEALS,
A Measure of Relief for the Army
Of Claimants.
MODE OF PROCEED URE.

1t may be that the judicial circle of
washington will be extended. Senator
Morgan today introduced into the Senate
bill for the establishment Of court Of
departmental appeals to adjudicate matters
relating to the practice Of the executive de-
partments Of the government.
The bill as drawn furnishes a vast meas
ure Of relief for the great army Of claim
ants who hang around Washington from
year to year in the hope of securing fav-
orable action on their claims that have
been pending in the departments for years
The court Is to have jurisdiction, not only
over matters passed upon unfavorably by the
departmental officers, but upon those that
have been neglected or pigeon holed In
these cases the claimant, after making
formal demand for adjustment in the de-
partment, can take his case to the Court
OF Appeals for settlement, and the conclu-
sion. If favorable. will be as effective as II
1t had been reached in the regular chan
nels.
Composition of the Court.
The first section of the bill provides that
the court shall sit in the city Of Washing
ton. and shall consist Of chief justice and
four associate justices, to be appointed by
the President and to hold office during
good behavior. The chief justice Is to re-
ceive $500 a year. and his associates 81, 900
each. The court is to appoint a clerk at
$500 year. reporter at s.. 900, and such
assistant clerks and messengers as may be
necessary.
The court IS to hold one term annually
commencing with the second Monday In
October. Its appellate Jurisdiction is ex-
tended to all cases which are founded upon
any law or resolution Of Congress. or regu-
lation, ruling or order Of any department
bureau or office Of the government or
which may be founded upon any contract
either expressed or implied, or any agree
ment or transaction with any department
bureau or office or agent, where the claim
thus created shall have been decided ad-
versely to the claimant; or where the per-
son intrusted with the settlement Of any
claim lawfully before him fails or refuses
to take action within a reasonable time
after demand for such action has been
made by the claimant
The aggrieved claimant may take appeal
and the court shall reverse the action,
affirm or modify 1t as shall be deemed just
,r 1t may direct further proceedings in the
department. Any judgment shall be bind
ing and conclusive.
There Is a provision that the plea Of set
on may be made as a plea in bar where
the party so seeking relief can show some
equitable ground for such a defense.
The bill provides that the Jurisdiction of
the new court shall not extend to cases or
claims now under the jurisdiction Of the
court Oh CiaimS.
Mode of Procedure.
The bill sets forth the procedure for get
ting a case before the court as follows
When claimant shall desire to take an
appeal. or to remove a case from the juris-
diction of the department, IN case of delay
he shall make petition to the court, set
ting forth the facts. and shall send one
copy to the department and another to the
Attorney General The clerk of the court
shall also notify the department and call
for the papers in the case. The Attorney
General. who. through his assistants, Is
charged with the prosecution or defense of
cases before the court on behalf Of the
United States, must make reply by petition,
plea or demurrer within thirty days unless
the court grants further time.
In case he should fail to reply within the
time the case will be tried by the court
and no judgment shall be taken by default.
In case of favorable judgment for the
claimant payment shall be made as II the
claim had been awarded in the depart
ment.
There is a clause in the bill granting to
the justices Of the court the privilege Of re-
tirement on full pay at the age of seventy
after ten years service in this or other
court. The bill amends all laws conflicting
with its provisions and takes from the
present Court of Appeals for the District
of Columbia the Jurisdiction over patent
cases.
The bill was referred to the committee on