The National tribune., 1900-06-21
THE COURT OF
PENSION APPEALS.
Full Text of the Bill to Create 1t.
to establish = Court of Pension Appeals


Representatives of the United States of Amer
ica in Congress assembled, That there is
hereby created Court of Appeals for the
hearing and determination of cases found
ed upon or arising under the pension laws
Of the United States, which shall consist
of five Judges, of whom three shall con-
stitute quorum, and which shall be
Court of Record, having Clerk and
| seal, with original and appellate jurisdic-
| ton, as is hereinafter limited and estab-
lished. The name and style of the said
court shall be The Court of Pension Ap-
peals of the United States of America"
Section 2. That term of said Court
shall be held annually at the City of
| Washington, ID. c., commencing on the
first Monday in September in each year
and continuing as long as may be neces-
sary for the prompt disposition of the
business of the Court.
Sec. g. That the said Court shall pre-
scribe the form and style of its seal and
the form of writs and other process and
procedure, and of notice and how it shall
be served, as may be conformable to the
exercise of its jurisdiction as shall be con-
ferred by law.
Sec. 4. That the said Court shall have
power to establish all rules and regula-
| tions for the conduct of the business of
the Court, for the regulation of practice
therein and for the taking of appeals
thereto within its jurisdiction as conferred
by law; but it shall be necessary, in cases
| brought before il by appeal from the de-
cisions of the Commissioner of Pensions,
only to send up the original files or records
in such cases, together with letter of
| tranSmittal from the said Commissioner
| authenticating each such file or record
which may set forth in narrative form the
| reason or cause of rejection, and the said
Commissioner shall forward the said orig
| inal files or records in all such appealed
Ira 70 tl,a coli Ttrt. I,l Nhat
nothing herein shall be held to prevent
| the applicant for pension from assigning
additional errors, or the Government or
| applicant from presenting additional
proofs after the case so appealed shall
have been docketed in said Court. The
cases so appealed shall be retired and re-
heard in the said Court upon the merits,
| in such manner and form as the said
Court may prescribe within its jurisdic
| ton as conferred by law; and the said
| Court shall have power and authority to
| render such decision therein as the law
and evidence may require. The records
| and files and other documents in decided
cases shall be transmitted, with its judg-
ment, by the Court to the Pension Office,
to be kept there as the same are now kept
and filed.
Sec. 5. That no costs or fees shall be
taxed or charged by the Court or by any
| officer thereof in any case or proceeding
in the said Court.
| Sec. 6. That the said Court shall have
the appointment of Bailiff, Messen-
| ger, Clerk and two Assistant Clerks,
| with the same duties and powers, so far
as the same shall be applicable, under the
regulations of the Court, and receive the
same salaries as are now provided for the
| Bailif, Messenger, Clerk and Assistant
Clerk Of the Court of Claims OF the United
States. -.
Sec. Z. That each of the Judges of said
| Court shall have a Secretary, who shall
be stenographer, at an annual salary of
81 200, and the Court shall have one off
| cial Stenographer, at an annual salary of
$1,000, out of which he shall provide all
his own assistance; and the said Secre-
| taries and Stenographer shall be appoint
| ed by the said Court.
Sec. s. That the said Court shall have
power to appoint Commissioners to take
| testimony to be used in the investigation
of claims or cases which may be brought
| before it, and to prescribe the fees which
| they shall receive for their services, and to
| issue commissions for the taking of such
| testimony, whether taken at the instance
| of the claimant or of the United States;
but testimony duly taken de bene esse un-
der proper notice, before United States
Commissioner appointed, qualified and act
| United States, may be used before the
Court of Pension Appeals.
When testimony shall be taken for the
claimant, the fees of the Commissioner
before whom it shall be taken shall be
paid by such claimant: and when taken
at the instance of the United States, and
this shall be held to include the cross-ex-
| animation of claimants witnesses, shall
be paid out of the contingent fund pro-
vlded for the Department of Justice, upon
| the certificate of the Attorney General, or
other appropriation made by Congress for
| that purpose; but such testimony, when
ever practicable, may be taken before
Special Examiners or Agents of the Bu-
| reau of Pensions, duly authorized by the
| said Court accordingly, without fee to
either party; and the testimony in cases
or claims pending before the said Court
shall be taken in the County wherein the
| witness resides whenever the same can
conveniently be done.
Sec. 9. That in considering the merits
OF claims or cases appealed to the Court,
! any testimony, afiidavits. reports of Spe-
| cial Agents or other officers, and such
other papers as are now on file in the De
partments or in the Courts, relating 70
| any such claims or cases, shall be cons:d-
| cred by the Court as competent evidence
and such weight given thereto as in its
| judgment may be right and proper.
See lO. That the said Court shall have
power to call upon any of the Depart
ments for any information or papers it
| may ht'Hl HtttSSuIg. Sldli nave Ine
use of all records and printed reports
| made by the committees of each House
| of Congress.
il. That there shall be appointed by
| the President of the United States, by
| and with the advice and consent of the
| Senate, five Judges, one of whom shall be
| designated in his appointment as Chief
Justice, and afterwards according to Sc
| niority or commission, not more than three
of whom shall be members of or affiliate
with the same political party, who shall
| take an oath of Office shall reside in
| Washington. ID. c., shall hold Office dur
| ing good behavior, shall have the same
qualifications and, as well the said Court,
| shall have the same power and jurisdiction
| therein as respects cases and questions
arising under the pension laws of the
| United States that the Circuit Courts and
| the Circuit Courts of Appeals of the
| United States and the Judges thereof
within their respective circuits now have
under existing law as to the matters with
| IN their several Jurisdictions; and who
| shall be entitled to the same compensa-
tion as the Circuit Judges of the United
States. '.
| See. IL. That the Judges and Clerks of
the said Courts may administer oaths and
afiirmations, take ACCOMPLISHMENTS of in
struments in writing and give certificates
of the same.
Sec. IL. That the said Court shall have
the powers specified by Sec. 716 of the
Revised Statutes of the United States.