CONGRESS. (CouET OF CLAIMS AND CIRCUIT COUETB.) 



189 



Catchings, Clements, Cobb, Collins, Compton, Corn- 

 stock, Cowles, S. S. Cox, \V. R. Cox, Grain, Crisp, 

 Culberson, Curtin, Daniel, Dargan, A. C. Davidson, 

 R. H. M. Davidson, Dawson, Dibble, Dockery, 

 Dougherty, Dunn, Eden, Ermentrout, Findlay, Fisher, 

 Forney, Gay, C. H. Gibson, Eustace Gibson, Glass, 

 Green, Hall, Halsell, Hammond, Harris, Hatch, Heard, 

 Heraphill, J. S. Henderson, Herbert, Hill, Hudd, Hut- 

 ton, Irion, T. D. Johnston, J. H. Jones, J. T. Jones, 

 King, Lanoon, Lanham, Martin, McAdoo, McCreary, 

 McMillin, McRae, Miller, Mills, Mitchell, Morgan, 

 Morrison, Muller.Neal, Norwood, Gates, O'Ferrall, 

 Outhwaite, Peel, Perry, Reagan, Reese, Richardson, 

 Robertson, Rogers, Sayers, Scott, Seymour, Shaw, 

 Singleton, Skinner, Snyder, Sowden, Springer, Stahl- 

 necker, Charles Stewart, St. Martin, W. J. Stone of 

 Kentucky, W. J. Stone of Missouri, Storm, J. M. 

 Taylor. Tillman, Trigg, Tucker, Turner, Van Eaton, 

 Vielc, T. B. Ward, A. J. Warner, Wellborn, Wheeler, 

 Willis, Wilson, Wise 125. 



NOT VOTING Aiken, C. M. Anderson, Buchanan, 

 Candler, Clardy, Croxton, Ellsberry, Foran, Glover, 

 Henley, Lowry, Pidcock, Reed, Rusk, Sadler, 

 Throckmorton, Wallace, Winans 18. 



Jan. 17, 1887, Mr. Eldridge, of Michigan, 

 from the House Committee on Pensions, re- 

 ported back the bill granting pensions to sol- 

 diers and sailors of the Mexican War, and moved 

 that the rules be suspended and the Senate 

 amendments concurred in. The motion pre- 

 vailed, by a vote of 247 yeas to 5 nays. The 

 original House bill and the Senate substitute, 

 which the House concurred in, were given in 

 the "Annual Cyclopaedia" for 1886, at page 

 258. February 1, Congress was notified that 

 the President approved of the measure. 

 Though containing an age limit, it virtually 

 provides for pensioning everybody who served 

 sixty days in the army or navy in the Mexi- 

 can War, even though the time was passed at 

 a frontier station, or en route to the seat of war. 



Court of Claims and Circuit Courts. Jan. 13, 

 1887, the House passed a bill to provide for the 

 bringing of suits against the Government of the 

 United States. In explanation of the measure, 

 Mr. Tucker, of Virginia, who reported it from 

 the Committee on the Judiciary, said: 



"As to this bill I would say that it is one 

 which was very carefully matured by the Com- 

 mittee on the Judiciary nearly a year ago. The 

 committee took all the bills with this general ob- 

 ject that had been referred to it, as well as one 

 reported by the Judiciary Committee of the 

 Senate, and from those bills matured this one, 

 which was reported, I think, from the com- 

 mittee with entire unanimity. The object of 

 the bill is this: It extends the jurisdiction of 

 the Court of Claims beyond the mere contract 

 obligations of the Government to obligations 

 of all kinds, as well those that could be asserted 

 in a court of law as those which could be as- 

 serted in a court of equity or in admiralty. The 

 bill also gives concurrent jurisdiction to the 

 Circuit Court of the United States in the locality 

 where the claim originates or where the party 

 plaintiff resides, to consider all claims concur- 

 rently with the Court of Claims up to the 

 amount of $10,000. The Court of Claims has 

 jurisdiction with the circuit courts as to all 

 claims, and under this bill the circuit courts 



will have concurrent jurisdiction with the 

 Court of Claims in all cases up to the amount 

 of $10,000. 



" The only cases not provided for are suits 

 upon the use of a patent right by the Govern- 

 ment and suits in reference to captured and 

 abandoned property which are now barred by 

 the statutes of limitations. This bill extends 

 the jurisdiction of the Court of Claims to all 

 cases which arise, not only ex contractu but 

 ex delicto, and to cases in admiralty, so that it 

 will take the whole mass of these claims away 

 from Congress." 



The Senate amended and passed the meas- 

 ure February 24. The House non-concurred in 

 the Senate amendments, and a conference com- 

 mittee was appointed, which recommended the 

 following measure, to which both Houses agreed 

 on March 3 : 



Be it enacted, etc., That the Court of Claims shall 

 have jurisdiction to hear and determine the following 

 matters : 



First. All claims founded upon the Constitution of 

 the United States or any law of Congress, except for 

 pensions, or upon any regulation of an Executive De- 

 partment, or upon any contract, expressed or implied, 

 with the Government of the United States, or for 

 damages, liquidated or unliquidated, in cases not 

 sounding in tort, in respect of which claims the party 

 would be entitled to redress against the United States 

 either in a court of law, equity, or admiralty if the 

 United States were suable : Provided, however, That 

 nothing in this section shall be construed as giving to 

 either of the courts herein mentioned jurisdiction to 

 hear and determine claims growing out of the late 

 civil war and commonly known as " war claims." or to 

 hear and determine other claims, which have hereto- 

 fore been rejected, or reported on adversely, by any 

 court, department, or commissioner authorized to 

 hear and determine the same. 



Second. All set-offs, counter-claims, claims for 

 damages, whether liquidated or unliquidated, or other 

 demands whatsoever on the part of the Government of 

 the United States against any claimant against the 

 Government in said court : Provided, That no suit 

 against the Government of the United States shall be 

 allowed under this act unless the same shall have 

 been brought within six years after the right accrued 

 for which the claim is made. 



SEC. 2. That the district courts of the United States 

 shall have concurrent jurisdiction with the Court of 

 Claims as to all matters named in the preceding sec- 

 tion where the amount of the claim does not exceed 

 $1,000, and the circuit courts of the United States 

 shall have such concurrent jurisdiction in all cases 

 where the amount of sucli claim exceeds $1,000 and 

 does not exceed $10,000. All causes brought and 

 tried under the provisions of this act shall be tried by 

 the court without a jury. 



SEC. 3. That whenever any person shall present his 

 petition to the Court of Claims, alleging that he is or 

 has been indebted to the United States as an officer or 

 agent thereof, or by virtue of any contract there- 

 with, or that he is tne guarantor, or surety, or per- 

 sonal representative of any 6fficer, or agent, or con- 

 tractor so indebted, or that he, or the person for whom 

 he is such surety, guarantor, or personal representa- 

 tive, has held any office or agency under the United 

 States, or entered into any contract therewith, under 

 which it mav be or has been claimed that an indebted- 

 ness to the United States has arisen and exists, and 

 that he or the person he represents has applied to the 

 proper department of the Government requcstinir that 

 the account of such office, agency, or indebtedness may 

 be adjusted and settled, and that three years have 

 elapsed 1'rom the date of such application and said ao- 



