St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-07
SUPREME COURT MAKES SOME I'M
PORTANT RULINGS AS TO
CLAIMS.
MAY AFFECT SUGAR BOUNTY.
FUNCTIONS OF THE COURT OF
CLAIMS REGARDING DEPART-
MENTAL CASES.
JUSTICE PECKHAM,s FIRST DAY
The New Associate Justice Takes
the Oath and Creates a Very
Favorable Impression.

WASH1NGION, Jan. 6.-ASSOciate
Justice Peckham, the latest acquisition
to the supreme bench, took his seat
as member of the highest court of
the land today. The initiatory cere-
mony, consisting in the taking of the
oath Of Office, was brief and simple.
The new justice is a man Of impress
slve presence and striking personality,
and the impression made on those
present was altogether agreeable.
Chief Justice Fuller announced the re-
ceipt by the court Of Mr.. Peckham's
commission from the president, and
after Clerk McKenny had read it. he
administered the oath, in which the
justice vowed to do equal justice to
rich and poor alike. There was an es-
pecially large attendance of attorneys
at the ceremony. Among others who
occupied seats inside the bar were the
Chinese minister and two members of
his suite
The court assigned the goth inst for
reargument of the interstate COM
nerce cases involving the validity of
the provisions of the interstate COM
merce law relating to long and short
hauls and foreign rates In a decision
rendered by Justice White, the court
reversed for the second time the de-
cision of the circuit court for the
Western district Of Arkansas in the
case of Sam Hickory, condemned to
death for murder. Justice White, in
his opinion, quoted literally from the
instructions given by Judge Parker,
who presided in the Arkansas court,
condemning in rather strong terms the
use by the judge of language denun-
ciatory Of the prisoner In the case of
j. p. Gill, asking royalty for the use
OF certain ordnance patents invented
by him while in the employ Of the
government, the court practically re-
affirmed former decisions to the effect
that the government is entitled to the
product of the labor of it's employees.
In this case it appeared that the in
Ventions were the work of Mr.. GilPs
leisure hours, but that the government
machinery was used in their adapta-
ton.
CLAIMS FOR MONEY.
The court rendered a decision, which
was handed down by Justice Harlan,
in the claim of the state Of New York
against the government for interest
on money raised and expended by the
state for the equipment Of troops dur
ing the war, awarding the full amount
of 100000 claimed. The opinion de-
cided several points bearing on the
functions of the court Of claims, and
will have an important bearing on all
other claims before the executive de-
partment, possibly including the sugar
bounty claims. The court held that
a. Any claim made against an ex-
ecutive department. involving disput-
ed facts or controverted law, where the
amount In controversy exceeds $4,000,
or where the decision will affect class
of cases or furnish a precedent for the
future action Of any executive depart
ment in the adjustment Of a class of
cases, without regard to the amount
involved in the particular cases, or
where any authority, right, privilege
or exemption is claimed or denied I'M
der the constitution Of the United
States, may be transmitted to the court
of claims by the head Of such depart
ment, under section 1868 of the Re-
vised Statutes, for final adjudication;
provided such claim be one of which,
by reason of it's subject matter and
character, that court could take ju-
dicial cogniZance at the voluntary suit
of the claimant. 2) Any such claim,
without regard to it's amount, may be
transmitted under the Bowman act
to the court of claims by the head of
the executive department in which it
is pending, not for final judgment
thereon, but for report to such de-
partment of facts and conclusions of
law for it's guidance and action. 60
Any such claim may be, in the dis
erection Of the executive department in
which it is pending, and with the con-
sent of the plaintiff, be transmitted,
without regard to it's amount, by the
head of such department to the court
of claims under the Tucker act for
a report Of facts and conclusions of
law. a. In every case coming before
the court Of claims from an executive
department under the Bowman act, of
which that court could take judicial
cognizance at the voluntary suit of the
claimant, a final judgment may, in
virtue of the thirteenth section of the
Tucker act, be rendered, and in adj
dition report of it's proceedings be
made to the department by which the
claim was referred to said court.