Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-24
PENDING AMENDMENT
OBJECTIONS MADE TO CLAUSE IN
APPROPRIATION BILL.
Attorney Fay Given Hearing by the
District mmissiOners-Pay-
ment of Claims.

Mr.. John c. Fay, local attorney, was
today given hearing by the District Com
missaoners in the matter Of the amendment
to the pending District appropriation act
inserted by the Senate providing that no
Judgment heretofore or hereafter rendered
by the Court Of Claims under the act OF
Congress of June 49, 1880, shall be paid
until said judgment shall have been
ported to and specific authority for pay
ment thereof granted by Congress. The
act of 1850 relates to claims against the
District, and confers upon the Court of
Claims jurisdiction to hear the same. The
amendment made by the Senate, it Is
stated. was recommended by the auditor
of the District, Mr. ]. r. Petty, who, in
his last annual report, stated that recent
occurrence had convinced him that it would
be to the best interests Of the District to SO
amend the law as to require all such jridg-
ments to be reported to Congress for the
approval of that body before being paid.
IN a communication to the Commissioners
Mr.. Fay stated that there less than five
cases pending, and declared that to repeal
the existing law would be not only a direct
reputation of the contracts entered into by
the board of public works, but would work
very serious hardship and injustice to the
claimants. Mr.. Fay also contended that
the effect of the Senate's amendment would
De TO repeal the requirement of law that
1863 bonds. and make them payable wholly
out of the revenues of the District. The
Commissioners, however, approved re-
port made to them upon Mr.. Fays COM
municaton by Mr.. Petty, in which the lat
ter declared that the only effect of the
amendment would be to require all judg-
ments to be submitted to Congress for its
approval before being paid.
Was Not satisfactory.
Mr. Fay was not satisfied with this dis
position of the matter, and requested the
hearing given him today. In this hearing
he repeated what he had asserted in his
communication, declaring that for twenty
years the act of 1880 has been enforced
with the greatest satisfaction to both the
District and the claimants, pointing out
that the only snishap was in the matter of
a certain claim which, he asserted the
audltor, Mr. Petty, had approved, only to
discover subsequently that the claimant
had been overpaid several thousand dollars
III tEe Senate amendment should be en-
acted, contended Mr.. Fay, the payment OF
Judgments would not only be delayed
eighteen months or ore but it yould also
make II possible for a congressional COM
nittee, or a member thereof to further de-
lay II not kill a judgment. Mr.. Fay re-
ferred to the Northern Liberty market
house claims an instance where Congress
required the District to bear the whole ex-
pense of payment. and he added that that
body might confidently be expected to take
the same action in the matter of the iudp-
mentS under discussion
MI Petty and his action in recommend
ing the legislation inserted by the Senate
received no little attention from Mr.. Fay,
who declared that the case referred to bv
MR.. Petty in his annual report Is one where
the Court of Claims has, after rendering
Judgment in favor of the claimant refused
new trial. Mr.. Petty, remarked Mr.. FAY.
not only criticised the finding of the referee
IN TINS case, which was in favor of the
claimant, but used, in his last annual re-
port, the following language as to referees
IN general: Reports of these referees often
display such an extraordinary lack of in
tellgent appreciation of the facts and their
relation TO the cases under consideration
that they would cause profound amazemept
but for their representative character as
members of class of productions in svhich
frequent repetition dulls the edge of sur
prise
Disclaimed Personalities
president Mckinley the other day." re-
marked Mr. Fay, Selected one of these
gentlemen, who, according to Mr. PETTY
often display such an extraordinary lack of
intelligent appreciation of facts and their
relation to cases under consideration etc,
for the position of assistant secretary of the
navy. Mr.. Frank Hackett and the Senate
committee on naval affairs has actually
recommended this member of a class of
productions in which frequent repetition
dulls theSedge OF surprise for confirmation
NOW DO not want to be personal, gentle
men, but think the auditor of the District
Is as mistaken to the necessity for this
amendment he appears to be as to other
things. and l trust you will communicate
with the proper committee and recommend
adverse action on the proposed legislation
inc commissioners promised to take the
matter under adv.sement