The Washington herald., 1908-01-30
By FREDERIC ]. HASKIN.

In a big brown building on Pennsyl-
vania avenue. in Washington, opposite
the State, War and Navy building, sits
for nine months of the year the greatest
money judgment court in the world-the
Court of Claims. Here are presented and
adjudcated all disputed claims against
the government of the United States. AL
though claims against the government
started as soon as its Treasury began ex-
istence, IL was sixty-six years before an
institution expressly for their settlement
was put into operation. For much more
than half century private claims had
been accommodating and worrying SEN
ators and Representatives almost to dis
traction. Claimants had been begging
ana demanding at the doors Of Congress
from its first session in the first Presi-
dents administration. Something. it was
determined. had TO be done 20 give force
and effect 10 the constitutional guaranty
OF the right Of petition. At last, setting
their heads together. and realizing that
IL was beyond the power of Congress 10
thoroughly examine all claims and justly
TO act upon the myriads Of prayers FOR
relief presented at every session. they
created the Court OF Claims.
The first definite step for Justice 70
claimants and relief to Congress was not
taken until the second session OF the
Thirty-third Congress, in 1854, when Sen
ator Richard Brodhead, Of Pennsylvania
introduced a bill to establish commits
sion for the examination and adjustment
of private claims The bill was acknowl-
edged to be meritorious. but it was urged
by Senator Robert NJ. T. Hunter, of Nir-
GINA that something more dignihed and
enduring than a mere commission, sub
jeCt to political changes. was desirable.
Thereupon a select committee, consisting
of Senators Br0dhead OF Pennsylvania.
Jones Of Tennessee. Hunter of Virginia.
Clayton Of Delaware. and Clay of Ala
bams. was appointed, and reported a
substitute, which called for the establish
ment Of a court for the investigation Of
claims against the United States The
Senate unanimously passed the bill, and,
in February, 1855, it was passed by the
House and President Pierce made it a
law With his signature.
1t provided for the appointment Of three
judges and a solicitor The presiding
judge was John J. Gilchrist of New
Hampshire, and the associate judges were
Isaac Blaekford, of Indiana. and George
p Scarburgh, of Virginia, The solicitor
was Montgomery Blair of the District
of Columbia, who afterward became Post
master General in President Lincolns
first Cabinet.
Some idea OF the mass and variety of
the business OF the court pertinent TO
il as it is to-day. was given in the first
report of Judge Gilchrst after a year
of work. He said that no one without
personal experience could have any cor
rect idea of the diversity. intricaey. per
piexity and exhausting labor necessary
for the investigation OF claims, much
less than OF the sum of money involved.
'It Was astonishing" said the Judge
that among 25,000,O00 inhabiting the al
most boundless territory comprehended
by the Union innumerable questions OF
the most difficult and delicate nature
must have arisen, delays in the decision
OF which We're alike discreditable to the
moral sense of the people and the public
faith Of the government of which the
people are founders" The Judge declared
legislative bodies unfit for a judicial
investigation into private rights. claims
having accumulated until all desire TO
investigate them had become repressed. -
The court got on very we'll until Con-
gress began to complain again. 1t had
required the laying before Il of all rec
ords of cases, and, in order TO be re-
lieyed from this burden. amended the law
March 3, 1868. giving the court five judges.
ana where the amount exceeded S, 900,
allowing an appeal to the United States
Supreme Court by either party. Interest
was allowed on judgments in certain
cases I'm favor of claimants when. on
appeal the Supreme Court should affirm.
Other amendments have from time 20
time bToadened the jurisdiction of the
Court Of Claims, and of course. imposed
additional labor upon the judges and at
tOrneys representing the government
When the court was created il was for
q population Of 25,000,OO0 Since that time
OS55) an enormous civil war. strife with
Indians. and war with foreign country
have occurred, and now it serves a pOpu-
lation Of nearly S7,O0o 600. Had there been
such court from the beginning of the
government. its records to date would
give more completely the grand narrative
o. the American people than it would be
possible for all historians to tell. and
would impart TO it a fascination OF init
nance and poetry.
The court held its first session in July
1850, in the room in the Capitol now useS
for the Law Library OF Congress. It re-
NAMED in the Capitol until 1879. when It
removed to the Department of Justice
building. opposite the north front Of the
Treasury. on Pennsylvania avenue, con-
tinuing there until the government bought
the old Corcoran Art Gallery building, TO
which It was removed and where it now
sits. The term lasts usually from the
third Monday IN October until about the
middle OF June The Office OF the clerk
is open the year round for the filing of
papers and the transaction OF necessary
business.
There is no jury In this court. All
questions OF law and fact are submitted
10 the five judges. who read the record. |
so that there is no necessity for oral ar
guments as in common law courts The |
court must find the facts as well as
apply the law; but in cases involving |
large amounts or important questions of |
law. especially those Of test cases, the |
evidence is submitted in the form OF |
dispositions. Nothing is decided on ex
parte affidavits Counsel for the govern |
ment cross-eXamine witnesses. There is !
a special Office or division of the Depart |
ment Of Justice under an Assistant Attor- |
ney General, who has the aid of a num- |
Der Of subordinate attorneys. whose duty
Il is carefully 10 guard the interests OF |
the government
The first claims against the government |
were for services in the war of the Revo- |
luton. Congress early turned over to the |