Persons sue in this court generally with the advantage
of a personal knowledge of the circumstances of the case, and are
prompted by personal interest to activity in its preparation for trial,
which consists sometimes in the production of false testimony and the
suppression of the truth, while the United States are dependent for
defense upon such inquiries as the officers of the Government, generally
strangers to the transaction, are enabled to make, not infrequently in
remote parts of the country and among those not averse to depredations
upon the National Treasury. Instances have occurred where the existing
opportunities for a new trial have enabled the Government to discover
and defeat claims that ought not to have been allowed, after judgments
thereon had been rendered by the Court of Claims.
By referring to the act which it is proposed to modify it will be seen
that the payment of judgments recovered is not necessarily suspended
for two years; but where the proofs are doubtful or suspicious the
Government may appeal to the Supreme Court, and in the meantime may
avail itself of any discovery or revelation of new evidence touching
the facts of the case.
I fail to see the necessity or advantages of the proposed change in
the law, and whatever may be the purposes of the bill, its effect,
if passed, I am apprehensive will be to facilitate the prosecution of
fraudulent claims against the United States.
Pages:
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436