New-York tribune., 1895-10-20
A WEARY WAIT FOR JUSTICE.
THE UNHAPPY LOT OF CREDITORS OF THE
GOVERNMENT.
THEY GROW OLD AND DIE IN PROSECUTING
RIGHTEOUS CLAIMS THAT CONGRESS Z
rvApf;sA STRIKING CONTRAST WITH
MoNARCIIiES."

..EFFETE MONARCHlEs."
washington. Oct 10 (speciaD.-If any one were
to attempt 20 learn what a mans standing is III a
community where he is known. almost the first
thing TO ask would be does he pay his deots' anu
1, So are they promptly and cbeerfuly paid wheh
sue or can they be collected only after long walt
ing and with much difficulty? man VINO can
nav what ne and Will not, who avaiis himsell
of technicaties for purposes OF delay ana res'si'
I'LL the statute Of limitations has run IN MS la'ol
and then refuses to pay. would be shunneo ny al
homes, men and dealt with only by those who could
not avoid him.
The same rule should prevail and the same stand
ard be applied to Governments and corporations
There seems to be no reason why they shou'o oe
held to any less degree OF responsibility or why
their methods of dealing should be on a lower piano
than that OF individuals. on the contrary as
models and guardians OF society and conservators
and protectors Of Its rights. and of those OF c2ehs
and individuals to whom governments stahu III
relation OF trust. they ought 10 De hiuc" "'en1''
more scrupulous and much more proihp' III "ee.'"e
all their obligations. That this has nor oeen "uo
and is far from true OF 'he |n'teu ''"''' "'~'
be made apparent briefly.
Take the Piatt case as an Illustration. 'ohh o.
p,a,t in 1914 when the Army In the Northwest
was In urgent need OF supplies ana 'he ireasui!
wholly without funds. entered into contract "
furnish rations TO the Government, which ne u'u
TO a large amount difference arose with 'he
tract and he made application to Congress Tor re-
lief Meanwhile the Government arrested him
under an alleged earlier Indebtedness. and he was
kept a long time in jail. Congress hnaliy passeu
an act for his relief. under which the accounting
officers OF the Treasury paid him slSl'JS !" less
than he claimed was due him. Soon after he died
In 1874 his heirs after having been defeated in the
Court of Claims recovered by an appeal to tAe
Supreme Court the amount claimed but or course
without interest for the sixty years they had peeu
unjust,y deprived OF their money
more recent case. that of Nathanei Mchav'
shows similar conditions. Mckay was famous
ship-builder and entered into contracts with the
Government for gunboats during the war After
the construction was begun the Navy Department
changed its plans subjecting him TO long delays
and large expense. He went to Congress LOT re-
lief and gives in recent paper the following ac-
count Of his experience:
The contract upon which this claim was based eie
was made in S ana me oi 1s7 i9o 3or s2 600 An act
of Congress had tc be passed to enable 'he ci .nr
twenSS-seven years to get this act passed and 1t
took five years in the Court OF CLAIMS 10
tain the cost of the vessel and above the con.
tract and enter judgment ior fne o S. eorT on the
part OF the Government vas made to 9eiea. sls
claim by the Attorneys-General OF 1he Since INV
fight FOR this claim was begun. Inc history ol Il
After nv experience with various Congresses
would advise all people who nave claims agaihst
the Government TO abandon them as - M AM oso% "
demagogues in Congress. The rules IN the house
of Representatives seem mace 10 are not
there for business but for politics. Many a night
aays se shancs On Ie e se my BIZ out ana mny
night | have walked home at or CLOCK IN t@ie @
morning, after some demagcgue had risen In hi. his
place 10 defeat me- II this claim OF mine hac been
paid twenty-five years ago. the interest on IL "ouiu
amount TO sl9i,VW
The attitude OF Governments toward those VINO
IN any way have come TO have Claims agaihst
them has been based on the maxim that the King
can do no wrong" and that he always stood ready
m redress any grievance that brought 10 his
notice by petition, and that justice was done
TO the subject Under this theory ii has been the
uniform practice OF Governments to maintain thal
no action will lie against them without their con-
sent Under most modern Governments. however
that consent has been given in a more or less re-
stricted degree and citizens or subjects have been
nerrntted TO take their claims either into the
regular courts provided for the settlement OF con-
troverses between man and man, or 10 Tribunals
specially created for hearing claims against the
Government. In the United Staes, down 10 loof'
the only redress for the citizen who had claim on
the Treasury by petition to Congress Ihese
claims had become so numerous and were SO neg
lected that an attempt then made to get rid
OF them by creating tribunal known as the court
OF Claims which should examine them on primer
ples of law and report them back TO congress lot
its action 1t was found, however. that this method
only increased the delay 1t resulted In TWO
trials instead Of one. and in 1863 an amenaatory
act was passed which made the judgment OF the
court final in all "claims founded upon any law OF
Congress or upon any regulation OF an executive
Department, or upon any contract. express or I'M
piled with the Government OF the United STATES
and all claims which may be referred TO 1t by
Congress-" This jurisdiction was limited by a pro-
,,,s,or that all claims must be filed within six
years OF the time they accrued
This act has furnished a large measure OF reiiei
10 many deserving creditors OF the Government nu'
Is still far from meeting the full requirements OF
even handed Justice. Not only does the voNei i"'''e
refuse to pay interest. which It exacts from itS
debtors and which there is no excuse for withhold
ing but It's methods OF paying Judgments Involve
hardship and delay. Instead OF being promptly me-
at the Treasury as 1t Is meant they shouio De- ''
rnuet be filed there and embodied IN an estl"a''
70 be made by the Secretary. ard are paid only wher
spec,fca;ly appropriated for by Congress- Congress
adiourns. say March T. and on the same day th'
Court OF Claims gives judgment for a claimant
Congress does not reconvene till December. an'
sometimes July and August have come before 'h'
appropriation bills passed. so that II Is common
for a year or a year and half to elapse pelore
Judgment is paid. II the Government Appeals o.
Course the DELAY is greatly increased. though in
terest IL allowed on the judgment from the time il
was filed IN the Treasury.
Under the enete despot.sm OF Europe. 1t Is dif
ferently managed. For example. In Prussia and Hol
land II a subject has any claim or demand on MS
Government, he may bring suit in any court wher'
he can sue a fellow subject in regard to similar mat
ter and II he is successful his judgment Is i'm
med.atey paid at the Treasury without any actor
Of the Legislature Should the Treasury fall 10 pay
he may take out execution and seize and sell GOV
ernment property at public auction to satisfy II
The great advantage Of the position OF the SUD
pplf1rQ
nlsce themselves In regard to all demands whicf
their subjects have them, exactly IN the posi-
ton OF another subject as to all the courts. Ih'
Great Republic. the other hand. provides tina
with reference TO limited class OF claims carei"i''
specified. it's citizens may sue H. ana that the JUG
L.. clnAaeS