Evening star., 1935-07-07
Congress Held Dictator Often
In Rejecting Rulings of Courts
Tyranny Seen in Refusal to Allow
Appropriations for Judgments Or
dered BY Court of Claims.

nent Is not O mere matter OF favor,
as 'it is as Iauch the duty OF the
Government as Of individuals 70 fulfill
its obligations"
No Power 10 Compel Congress.
This Is all well and good. In pri-
vate litisatior final judgments are
satisfied by means of appropriate
judicial writs issued against the judg-
ment debtors property and sometimes
his person. But none such can lie
against the Government and its prop
erty. OF course, it is the constitutional
obligation Of Congress to pay the judg-
ments rendered against the Govern
ment by its own courts, but there is
no judicial power to compel Congress
to perform its constitutional duty.
At present the thought seems upper
most that, except for executive dom
ination, Congress would not deny our
citizens The right TO sue the Govern
ment. As q matter Of fact, Congress
frequently, on its own initiative, arbi-
trarily and illegally refuses TO make
appropriations for the payment OF
final Judgments against the Govern
ment rendered in cases by courts of
competent Jurisdiction conferred for
the purpose by the laws OF Congress.
1t Is but sticking in the bark TO criti-
cize Congress for refusing TO subject
the Government TO suit when 1t fire.
quently airogates TO itself the arbi-
trary power TO refuse TO pay judg-
ments rendered In cases in which it
has subjected the Government to suit.
Several Appropriations Rejected.
Within the past three or four years
Congress has refused TO make appro-
priatiOns TO satisfy such final judg-
ments in several cases known TO me,
with no better reason than the state
ment Of some member of the Ap-
preparations Committee that the
judgment was wrong.
In one case in which I happened
to be counsel for the claimant (Dal-
ton VS.. United States. K-3lO judg-
ment for $4,000 for services was
rendered by the Court OF Claims on
January IL. 1881. The decision could
not have been otherwise; it was in line
with all the precedents; the Attorney
General, accepting it as the law, took
no appeal; and the President certi-
fled the judgment to Congress for pay
ment. A member of the House Ap-
preparations Committee, personally
hostile TO the claimant, abused the
claimant and accused the court of
being in collusion with dishonest
claimants and helping them TO get
their hands into the Treasury" 1T
is time" he said amidst applause. eve
called halt on this court by revers-
ing some of its decisions" See Con-
gresSional Record, January and S,
1882. pages 1910, 1890. 1881 Thus
were both houses content TO discharge
their constitutional obligations
This and other judgments still
remain unpaid. Such dictatorship Is
imposed. not by the Chief Executive,
but at the will of Congress itself. To
the suffering citizen it can make lit
tie difference in which branch die
tatorship or tyranny is encountered.
Whether found in one or another it
is equally destructive of constitutional
government, only the more centainly
so if two branches combine. 1t
seems it ought to be patent TO every
thoughtful citizen that, in our land,
We must have either a government of
law or government by tyranny;
there is no stop between.
SAMUEL T. ANSELL,