Thirtieth Congress,
thiSecond Session.
BE IT ENACTED
By the Senate and House of Representatives of the United States of America in
Congress Assembled.

That a board for the settlement of claims against the United States be, and the same is hereby, constituted and established, to consist of three commissioners, to be appointed by the President, by and with the advice and consent of the Senate. The said commissioners shall severally take an oath before a judge of the circuit court of the United States for the District of Columbia, faithfully and impartially to execute the duties of his office to the best of his judgment and ability; and each commissioner shall receive a compensation of three thousand five hundred dollars per annum, to be paid quarterly from the treasury of the United States.

Sec. 2. And be it further enacted, That claims against the United States shall, as heretofore, be presented to and settled by the proper accounting officers; and if upon any such settlement the claimant shall be dissatisfied, he may appeal to the board of commissioners herein constituted, and the proper officer shall lay before the board all papers and facts on which he acted, with his decision in the case. And in all cases where the subject matter of the claim is by law cognizable by any of the officers of the Treasury Department, or other officers of the United States, it shall be the duty of the claimant first to make application to such officer or

officers for the settlement of his claim; and the said claimant shall not be entitled to have his claim examined, or acted upon by the said board, unless it shall have been so presented and acted upon as aforesaid, unless said board shall be satisfied that there has been unreasonable delay on the part of the proper officers in the consideration and decision of said claim.

Sec. 3. And be it further enacted, That all petitions asking relief from Congress on account of any claim against the government of the United States shall, as soon as the same have been presented to either House of Congress, be referred to the said board of commissioners; and the clerks of both Houses shall, immediately transmit to said board the petition and papers in each case; and if during the recess of Congress, any person or corporation, shall desire to prefer any such petition to Congress, such person or corporation shall be allowed to file his petition with the Secretary of the Senate, or Clerk of the House of Representatives; and when so filed, the same course shall be pursued as if the said petition had been regularly presented during the session of Congress; and all petitions so filed shall, after the same shall have been duly registered, be by the said Secretary and Clerk transmitted, together with the accompanying papers, to said board of Commissioners.

Sec. 4. And be it further enacted, That said board, when organized, shall proceed, with all practicable despatch, to establish suitable rules in regard to the receipt of the applications of claimants; the species of evidence the claimant shall produce; the manner in which such evidence shall be taken and authenticated, with the view most effectually to secure the just rights of the claimant, and of the United States. The rule and regulations, when so adopted, shall be published for eight

successive weeks in the newspapers of the several States and Territories in which the laws of the United States shall there be published.

Sec. 5. And be it further enacted, That it shall be the duty of the Solicitor of the Treasury, under direction of said board, to prepare all necessary forms and instructions as to the taking of testimony: to give his opinion as to any matter of law in any case pending before the board; to file a written agreement in a case where the claimant shall file an agreement; or to propound interrogatories in a case where a commission shall issue; to take testimony and to give instructions as to the testimony to be taken ; and as to the mode and manner of taking an authenticating it; and generally to render such services as may be required of him by the board of commissioners, and as may lead to the speedy and just decision of the claims before the board.

Sec. 6. And be it further enacted, That it shall be the duty of the district attorneys of the several districts of the United States, to render such services as may be required of them by said board, or by the Solicitor of the Treasury, under its direction, in relation to the taking of testimony, or other matters connected with the investigation of the claims before the board. It shall also be the duty of district judges of the United States for the several districts to attend to the taking of testimony to be used before said commissioners, whether such testimony is taken at the instance of the claimant, or of the United States. And the said commissioners shall issue their commissions to take testimony before said judges, unless it shall appear to them at the time that the same cannot so issue without interfering with the ordinary judicial duties of such district judges; and in such cases, and in those in which the convenience of the

parties would be, in the opinion of the board, promoted by so doing, they may direct the commission to a commissioner of the United States, whose duty it shall be to execute said commission.

Sec. 7. And be it further enacted, That in all cases where it shall appear to the board that the facts set forth in the petition of the claimant do not furnish any ground for relief, it shall not be the duty of the commissioners to authorize the taking of any testimony in the case, until the same shall have been reported by them to Congress, as is hereinafter provided: Provided, however, That if Congress shall, in such case, fail to confirm the opinion of said board, they shall proceed to take the testimony in such case.

Sec. 8. And be it further enacted, That in taking testimony to be used in support of any claim before said commissioners, opportunity shall be given to the United States to file interrogatories, or by attorney to examine the witnesses under such regulations as said board shall prescribe, and like opportunity shall be afforded the claimant in cases where testimony is taken on behalf of the United States under like regulations.

Sec. 9. And be it further enacted, That if any person shall knowingly and wilfully swear falsely before said commissioners, or before any person or persons commissioned by them, or authorized by this act, in a case pending before said commissioners at the time of taking said oath, or in a case thereafter to be submitted to said board, such person shall be deemed guilty of perjury, and, on conviction thereof, shall be subjected to the same pains, penalties, and disabilities which now are, or shall be hereafter, by law prescribed for wilful and corrupt perjury.

Sec. 10. And be it further enacted, That all letters and other written

and printed papers, to and from each of said commissioners and the secretary of said board, on business of the board, shall be received and carried by the mail free of postage: and, if either shall violate the franking privilege, he shall be liable to the same penalties as are prescribed for violation of the same privilege by other officers of the government.

Sec. 11. And be it further enacted, That no costs or fees shall be charged by any of the officers aforesaid to any claimant, except for such services or expenses as arise from the taking of the testimony of witnesses at the instance of the petitioner, and for such copies of papers as he may desire, and that the said board shall prescribe the charges which shall be made in such cases, and no fees shall be charged by the several district judges to whom commissions shall issue for taking testimony in said claims for services so rendered by them.

Sec. 12. And be it further enacted, That said board shall, at the commencement of each session of Congress, and at the commencement of each month during the session of Congress, report to Congress the facts found by them in the several claims referred to, and acted upon by them, with their opinion in relation to the same, and shall prepare a bill or bills in those cases which shall have received the favorable decision of said board: and that the said board shall transmit with said reports the testimony in each case, whether the same shall receive the favorable or adverse action of said board.

Sec. 13. And be it further enacted, That said reports of said board, and the bills reported by them, shall, if not finally acted upon,

during the session of Congress to which said reports are made be continued from session to session, and from Congress to Congress, until the same shall be finally acted upon, and the consideration of said reports and bills shall, at the subsequent session or Congress, be resumed, and the said reports and bills be proceeded with in the same manner as though finally acted upon at the session when presented.

Sec. 14. And be it further enacted, That the claims reported upon adversely shall be placed upon the calender when reported, and if the decision of said board shall be confirmed by Congress, said decision shall be conclusive: and the said board shall not, at any subsequent period, consider said claims unless such reasons shall be presented to said board as, by the rules of common law or chancery in suits between individuals, would furnish sufficient ground for granting a new trial.

Sec. 15. And be it further enacted, That it shall be the duty of the speaker of the House of Representatives, within a reasonable time after the passage of this act, to appropriate such rooms in the Capitol at Washington, for the use of said board, as may be necessary for their accommodation, unless it shall appear to the speaker that such rooms cannot be so appropriated without interfering with the business of Congress; and, in that event, the said board shall procure at the city of Washington such rooms as may be necessary for the convenient transaction of their business.

Sec. 16. And be it further enacted, That said board shall have the use of all recorded and printed reports made by the committees of each House, when deemed to be necessary

in the prosecution of the duties assigned by this act. Said board Shall appoint a chief clerk, whose salary shall be eighteen hundred dollars per annum, and an assistant clerk, whose salary shall be fifteen hundred dollars per annum, to be paid quarterly at the treasury. The said clerks shall be under the direction of said board in the performance of their duties, and for misconduct or incapacity may be removed from office by it: but, when so removed, said board shall make report thereof, with the cause of such removal to Congress, if in session, or at the next session of Congress. Said clerk and assistant clerk shall take an oath for the faithful discharge of their duties.