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Excerpt from The Law of Claims Against Governments, Including the Mode of Adjusting Them and the Procedure Adopted in Their Investigation There were two principal objects in preparing the following pages: first, to show that the whole business of examining claims by committees of Congress should be abandoned, and appropriate tribunals created for that purpose, having judicial powers, with all the machinery now exercised by the commissioners of claims tor ascertaining the truth; and, second, to state some principles of law which seemed necessary to secure justice for honest claimants and to protect the Government against demands which find no sanction in sound precedent or public law. Some of the reasons in favor of withdrawing from Congress the consideration of claims were presented in a speech in the House of Representatives June 3, 1874, (Congressional Record, vol. 2, part 5, (vol. 6, ) p. 4511, ) and still more appear in the following pages. Since that time the writer has found a valuable discussion of the subject at the second session of the Thirtieth Congress, which is well worthy of attentive perusal. (Globe, vol. 20, pp. 38, 139, 144, 159, 163, 172, 178, 188, 198, 203, 302, 303, 307, 378, 492, 543.) A report made at the same Congress on the same subject is also very instructive. (See House Report 441, vol. 2, first session 29th Congress; House Report 498, vol. 3, first session 30th Congress; House Report 937, vol. 4, second session 27th Congress; House Report 295, vol. 1, first session 28th Congress; House Report 442, vol. 2, first session 30th Congress; House Report 10. vol. 1, first session 39th Congress.) Some of the earlier debates in Congress are equally deserving attention. (Annals of Congress, 14th Congress, second session, 1816-'17, pp. 245, 299, 382, 426, 462, 1028, 1035, 1040, 1051, 1211.) Some of the reforms which are believed to be just, salutary, and desirable are indicated in the following pages. The vast increase of population and business in the United States is such that it is believed there should be a tribunal of claims, the members of which should be selected from the best talent of the country, and have a tenure of office like that of the judges of the courts, with power to make awards to be reported to Congress for payment. Their opinions on questions of law should be subject to revision by the Supreme Court. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Excerpt from The Law of Loss and Damage Claims: Including the Cummins Amendment, Bill of Lading Act, Twenty-Eight Hour Law, and Federal Control Act It is now three years since the first edition of this work was published. Litigation concerning loss and damage claims has materially increased since then. The author has been greatly perplexed with the problem presented of covering the field thoroughly and at the same time keeping the size of this book down so that by its very appearance it would not frighten the layman. As in the case of the first edition, this work is prepared primarily for the use of traffic managers It is nor intended primarily as a law book for the use of the lawyer, although as will be seen by referring to the number of cases cited, it will be found well adapted for the use of any lawyer. Mr. Moore, in his excellent work on the subject of Carriers, makes a pertinent observation in his preface that has always made a deep impression upon me, He says" "The writer does the most who gives his reader the most knowledge and takes from him the least time." That thought has been paramount in the preparation of this work. Interstate shipments are now governed solely by the federal law. When, therefore, a principle has been settled by a decision of the Supreme Court of the United State, that fact has been noted and the citation given, but it has not been deemed necessary to notice ad infinitum a large quantity of state decisions that may have discussed the same proposition. It is believed that this work will be found complete in discussing all principles that have been decided in the adjudication of loss and damage claims. All decisions, both federal and state, have been examined, and such principles as it has been thought will be sustained by the federal courts will be found to be fully explained. Where there are divergent views on the same proposition, and it is doubtful which line of authorities will be followed by the federal courts, the author has given both views. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.