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debate, questions of order, preservation of order and the like, he has all the authority of the Speaker. It is his duty to take notice of any standing or special order of the House, as well as rule, as, for instance, when the hour or time arrives when the House is to take a recess or proceed to the consideration of another question or proposition, he must vacate the chair and report the action of the Committee to the House.
(See RULES II and VII.) The practice which had prevailed for several years, of the election by each house of a chaplain, who should open their daily sessions with prayer, alternating weekly between the House and Senate, was suspended during the 35th Congress. At the first session of that Congress a resolution was adopted by the House, which directed that the daily sessions of that body be opened with prayer, and requesting the ministers of the gospel in this city to attend and alternately perform this solemn duty."-Journal, 1, 35, p. 58. The clergymen of Washington generally responded to this request, and for the remainder of the Congress performed the duty of chaplains. At the first session of the 36th Congress the old practice of the election of a chaplain by each house was revived, and it was at that time decided that a proposition to proceed to such election presented a question of privilege.—Journal 1, 36, pp. 442, 443.
Until the revision of the rules in the 2d session of the 46th Congress there was no rule in this regard.
CHARTS OF COAST SURVEY.
Each Member and Delegate entitled to ten charts of coast survey for each regular session of Congress.-See Statutes at Large, vol. 20, p. 382.
House employés shall not be.—RULE XLIII.
Members, officers, and employés not to act as.—R. S., sec. 5498.
CLAIMS, ADJUDICATED AND ALLOWED.
The Secretary of the Treasury shall, at the commencement of each session of Congress, report the amount due each claimant whose claim has been allowed in whole or in part to the Speaker of the House of Representatives and the presiding officer of the Senate, who shall lay the same before their respective houses for consideration.-Sess. Laws, 1, 48, p. 254, act of July 7, 1884.
CLAIMS, COMMITTEE ON
This committee was created November 13, 1794 (2d session 3d Congress). For history of, see PENSIONS, COMMITTEE ON. Until the creation of the Committee on War Claims, December 2, 1813 (1st session 43d Congress), this committee had jurisdic. tion of ali private claims against the Government.
CLAIMS, COURT OF The Court of Claims was established by act of February 24th, 1855.- Stat. at Large, vol. 10, p.
The act of July 4th, 1864, Stat., vol. 13, p. 331, restricted the jurisdiction of the Court of Claims in respect to war claims and provided that claims for quartermasters' stores, etc., should be submitted to the Quartermaster-General.
Rooms for.-R. S., sec. 1051.
Members of either house of Congress shall not practice in the Court of Claims.-R. S., sec. 1058.
The act of Congress (commonly known as the “Bowman Act”), approved March 3, 1883, Statutes, vol. 22, p. 485, entitled 66 An act to afford assistance and relief to Congress and the Executive Departments in the investigations of claims and demands against the Government,” enacts
That whenevor a claim or matter is pending before any committee of the Senate or House of Representatives, or before either house of Congress, which involves the investigation and determinatioa of facts, the committee or house may cause the saine, with the vouchers, papers, proofs, and documents pertaining thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found the court shall not enter judgment thereon, but shall report the same to the committee or to the house by which the case was transmitted for its consideration.
SEC. 2. That when a claim or matter is pending in any of the Executive Departments which may involve controverted questions of fact or law, the head of such Department may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said court, and the same shall be there proceeded in under such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall not enter judgment thereon, but shall report its findings and opinions to the Department by which it was transmitted for its guidance and action.
Sec. 3. The jurisdiction of said court shall not extend to or ivclude any claim against the United States growing out of the destruction or damage to property by the Army or Navy during the war for the suppression of the rebellion, or for the use and occupation of real estate by any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue of the provisions of any law of the United States.
Sec. 4. In any case of a claim for supplies or stores taken by or furnished to any part of the military or naval forces of the United States for their use during the late war for the suppression of the rebellion, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact; and unless the said court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed.
Sec. 5. That the Attorney-General, or his assistants, under his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is now required to defend the United States in said court.
Sec. 6. That in the trial of such cases no person shall be excluded as a witness because he or she is a party to or interested in the same.
SEC. 7. That reports of the Court of Claims to Congress under this act, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon.
The act of Congress “to provide for the bringing of suits against the Government of the United States” (commonly known as the “Tucker act," 2d sess. 49th Congress), approved March 3, 1887 (Stats., vol. 24, p. 505), enacts:
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 Department, or upon any contract, expressed or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases pot 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, howerer, That nothing in this section shall be construed as giving to either of the courts herein mentioned jurisdiction to hear and determine claiins growing out of the late civil war, and commonly known as war claiins," or to hear and determine other claims which have heretofore been rejected or reported on adversely by any court, Department, or commission authorized to hear and determine the same.
Second. All set-offs, counter-claims, claims for damages, whether liquidated or unliquidated, or other demands wbatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, That uo 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 section where tho amount of the claim does not exceed one thousand dollars, and the circuit courts of the United States shall have such concurrent jurisdiction in all cases where the amount of such claim exceeds one thousand dollars and does not exceed ten thousand dollars. All causes brought and tried under the provisions of this act shall be tried by the court without a jury.
Sec. 3. That wbenever 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 therewith, or that he is the guarantor, or surety, or personal representative of any officer, or agent, or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed that an indebtedness 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 requesting that the account of such office, agency, or indebtedness may be adjusted and settled, and that three years have elapsed from the date of such applieation and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the United States, said court shall, due notice first being given to the head of said Department and to the Attorney. General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account.
The AttorneyGeneral shall represent the United States at the hearing of said cause. The court may postpone the same from time to time whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brongbt at any time within three years after the final judgment of said court. Unless suit shall be brought within 'said time, such claim and the claim on the original indebtedness shall be forever barred.
SEC. 4. That the jurisdiction of the respective courts of the United States proceeding under this act, including the right of exception and appeal, shall be governed by the law now in force, in so far as the same is applicable and not inconsistent with the provisions of this act; and the course of procedure shall be in accordance with the established rules of said respective courts, and of such additions and modifications thereof as said courts may adopt.
Sec. 5. That the plaintiff in any suit brought under the provisions of the second section of this act shall file a petition, duly verified, with the clerk of the respective court having jurisdiction of the case, and in the district where the plaintiff resides. Such petition shall set forth the full name and residence of the plaintiff, the nature of his claim, and a succinct statement of the facts upon which the claim is based, the money or any other thing claimed, or the damages sought to be recovored, and praying the court for a judgment or decree upon the facts and law.
Sec. 6. That the plaintiff shall cause a copy of his petition filed under the preceding section to be served upon the district attorney of the United States in the district wherein suit is brought, and sball mail a copy of the same, by registered letter, to the Attorney-General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the district attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of the petition upon hiin, unless the time should be extended by order of the court made in the case, to file a plea, angwer, or demurrer on the part of the Government, and to file a notice of any counter-claim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises : Provided, That should the district attorney neglect or refuse to file the plea, answer, demurrer, or defense as required, the plaintiff may proceed with