Oxford eagle. (Oxford, Lafayette Co., Miss.) 1876-current, 1911-03-23
NOTED JURIST m MEMPHIS
SUNDAYS Commercial Appeal.

~lliecleclHpts ehc OhF
member OF TIE United States
court Of claims. is in Memphis
for a short visit. Judge Howry :
presence in the city serves u r.
call important jurisdicdonai leg
islahon affecting that court OF
claims against the government
ty the people from the South.
Jurisdiction was recently con-
terred upon the court 70 hear and
determine To judgement claims
for all cotton seized after January
/, 1885. where the proceeds Sere
placed in TIE treasury The
amount of cotton seized i vari-
ously estimated in value AZ from
six 10 eleven millions q dollars
Many planters in NississipH~
Louisians. Arkansas. Texas,
Florida. Alabama and Georgia
(and in fact. in all the cotton
producing sta;es) had their cot
ton seized by treasury agents ana
the proceeds put into the
federal treasury on the grounds
that i, was Confederate govern
ment cotton. or the owners had
agreed 20 sell TO the COafederscy.
By the recent law the statutes OF
Limitation Of the captured and
abandoned property act Of 1864
is now removed regardless OF the
loyalty or disloyalty OF the prop
erty owners.
The work Of the courto claims
for cases involving stores and
supplies. tina, is for property
taken for the Use OF the army
during the war between the states
under the Bowman act, has been
advisory % congress. After jan
usry l. 1912, cases Of this chsr-
scter mus, be dismissed by the
co1r. unless he owner Of such
property 50 taken Is shown by
satisfactory proof 10 nave been
Loyal to the United States
@4E0A-LQA- AAc VAL
This legislature does not aTec;
the discretion of congress in all
cases Of that character hereto
fore reported to congress under
any act.
Wheat, corn. oats, rye, barley
and other agricultural products
we're exempt from federal taxa
ton after the war, but cotton vas
heavily taxed. Many eminent
lawyers believe federal taxation
Of cotton was discrimination and
Unconstitutional, though tobacco
has been the subject Of internal
revenue taxes. Il IS believed that
congress will provide for the re-
fund OF the cotton tax by judg-
ments in the court % claims on
!, proof of payments
The court of claims was crea-
ted nearly sixty years ago and
hears nothing but cases where
the citizen is on one side and the
government either directly OF as
trustee Is on the other side. L
has I'VE judges who sit as chan
cellors, without, juries, with
power 70 hear all cases against
the United State. where the
cases brought TO it are under
$4,000 concurrently with the
district courts Of the United
States. But when the amount
sued for exceeds $1,000 the
court OF claims has exclusive
jurisdiction founded on contract.
express or implied, OF upon any
law or departmental regulation.
Il is a just tribunal. The court
sits continuously in Washington
from October into June OF each
year. Much OF its business IS not
appreciable, but where cases are
made SO by law the appeal must
De taken directly to the supreme
court of the United States. On
account of the facilities for o.
tanning proof and data for the
executive departments most cases
against the United States are
brought TO the court OF claims.
The attorney-genersl recently
gave the court notice that the
government was ready to try in
the next two months three sep
arate patent cases involving
Sl,950,000 three elevator COM
pany cases, involving claims for
heavy sums; a case of damages
of the Louisville and Nashville
railroad for $4,000; a contract
case for $4,000 growing out OF
carrying the mails in Alaska:
the Purcell Envelop Company
for S6t5, 900; China and Australia
Telegraph Co. involving the con-
struetion of a treaty between the
United States and Spain; ten or
twelve Mississippi River over
flow cases, involving 81, zoo, 600;
a test or class case relating 10
the coast survey; the Mile Lac
Indians of Minnesota, claiming
S.6OO,0OO for alleged destruc-
ton by the government of timber
on Indian lands in violation of
a treaty; and finally a suit of the
Missouri, Kansas and Texas
Railway Company. claiming S61-
100000 for land alleged to have
been granted but on which pat
ents were Withheld on technical
grounds.
The total of these important
cases aggregates S79, 900. 900.
Judge Howry was President
Cleveland's last appointment to
to any office. He is the only
/ S0ftharp ma~ba,