holders, and it was held that the suit was not a suit against the State; that the commissioners constituted an administrative board, which the State had a right to create; and that, while a court of equity might declare any rates established by it unreasonable and unjust and restrain their enforcement, the court could not itself make rates nor restrain the commission from again establishing rates.

In Interstate Commerce Commission against Brinson it was held by a bare majority of the court that a circuit court of the United States was bound to use its process to compel a witness to testify or produce papers in aid of an investigation by the Commission. The farreaching consequences of this decision are thus succinctly stated in the dissenting opinion of Mr. Justice Brewer:

If the power exists, as is affirmed by this decision, it carries with it the power to make courts the mere assistants of every administrative board or executive officer in the pursuit of any information desired or in the execution of any duties imposed. It informs Congress that the only mistake it made in the Kilbourn case was in its attempting to punish for contempt, and that hereafter the same result can be accomplished by an act requiring the courts to punish for contempt those who refuse to answer questions put by either House or any committee thereof.

CIRCUIT COURTS OF APPEALS.

As might be expected from what has already been stated respecting the business of the Supreme Court, that of the circuit courts of appeals is steadily enlarging, as shown by Exhibit 1. From the table there given it appears that during the fiscal year ending June 30, 1894, there were docketed in these courts 766 cases as against 704 in the preceding year, and that there were disposed of during the same period 684 cases as against 542 in the preceding year; that July 1, 1894, there were pending in these courts 510 cases as against 431 pending July 1, 1893; that of the cases so pending 169 have been argued and are awaiting decision as against 171 argued and awaiting decision at the date of the last annual report; and that of the cases so disposed of during the year ending June 30, 1894, only 21 were appealed to the Supreme Court of the United States.

It seems to be conceded that, for reasons connected with these courts, an additional circuit judge should be appointed in each of the seventh and ninth circuits, and possibly in the sixth circuit also, on the same grounds which have already induced Congress to provide for additional judges in the second and eighth circuits. It is also represented to me, by those best cognizant with these courts and their practical workings, that they would be much strengthened and improved if each of the remaining circuits were furnished with an additional judge.

The reasons assigned are that under the present arrangement in these circuits the personnel of the courts is constantly varying, with the result that their decisions lack consistency and stability; that two district judges, sitting with a circuit judge, may feel themselves called upon to overrule not only him, but another circuit judge who had presided at

the circuit, a spectacle not calculated to add to the dignity of the court or conducive to confidence in it on the part of the bar and the public; and that the proper business of the district and circuit courts is often greatly delayed and deranged by the forced attendance of the district judges at the sessions of the circuit courts of appeals. These considerations seem to me of great weight, and I ask their careful consideration by Congress-that the circuit court of appeals system, which has evidently come to stay, may be made as perfect as possible.

COURT OF APPEALS, DISTRICT OF COLUMBIA.

This court continues to discharge its important duties to the general satisfaction of the lawyers and clients concerned, and is rapidly reducing the mass of appealed cases which had continued to accumulate prior to its organization. As shown by the report of the clerk, the cases docketed during the year ending June 30, 1894, were 136, including 11 patent appeals; the cases disposed of were 274, including 11 patent appeals; cases pending July 1, 1894, were 66, including 7 patent appeals, while of the cases pending, 13 (including 1 patent appeal), had been argued and were awaiting decisions, and of the cases disposed of, 13 had been appealed to the Supreme Court of the United States.

COURT OF CLAIMS.

The accompanying report of J. E. Dodge, the Assistant AttorneyGeneral having charge of the defense of the Government in the Court of Claims exclusive of the Indian depredation cases (Exhibit 3), presents not only an undiminished but slightly increased volume of business pending in that court, notwithstanding the fact that the amount disposed of during the past year has considerably exceeded that of former years.

It is not probable that the annual dispatch of business upon the present rate of appropriation and with the force organized as at present can be very greatly increased, and the conclusion, therefore, is irresistible that without substantial enlargement of the force which can be devoted to this work those delays must continue which now constitute a reproach to the Government and justify the importunity and solicitation which are so serious burdens upon the time of those who must listen to them.

The various recommendations as to details presented by said report will each of them pro tanto facilitate the dispatch of business, but none of them go to the root of the difficulty. An increase in the number of the assistant attorneys and in the amount of the general appropriation for taking testimony, etc., is, of course, the most direct and probably the only method of remedying the evil, if all the present classes of claims must go before that court. The extent to which this shall go must rest with Congress.

WAR CLAIMS.

Since my last report there has been completed a detailed examination of all the cases pending under the Bowman Act, something over 7,000 in number, in order to distinguish from others those which are to be classed as war claims, defined as those "growing directly or indirectly out of the late war for the suppression of the rebellion." I am now able to report, as a result of such detailed examination, that up to the present time 9,162 claims of this description have been referred by Congress to the Court of Claims, the aggregate whereof is about $36,000,000. Of these, about 2,177 cases have been disposed of, aggregating on the face of the claims the sum of $16,184,000—the amount found due by the court thereon aggregating $2,344,000.

There remain pending in the court 6,985 claims of this character, which aggregate upon their face about $21,500,000. In addition to the foregoing, suits are pending within either the general jurisdiction or jurisdiction conferred by special acts of Congress, based upon claims either directly or indirectly growing out of the said war, the aggregate whereof, as stated by the petitions, is about the sum of $2,600,000, thus making the total amount of war claims pending in both jurisdictions about $24,100,000, instead of the $400,000,000 stated to be pending in reports of my predecessor, presented in 1890 and 1892, and in the message of President Harrison to the second session of the Fifty-second Congress.

FRENCH SPOLIATIONS.

The past year has witnessed but slight progress in these cases, only 17 having been decided, the number and amounts of those pending being, therefore, but slightly changed from the figures given a year ago. A large number of these cases are ready for trial on the part of the Government, but as stated in my last report, the failure to appropriate for payment of judgments already rendered, deters the claimants from incurring the labor and expense of trials and the Court of Claims from allowing this class of business to be pressed to the interruption of others.

CIRCUIT AND DISTR CT COURT JURISDICTION OF CLAIMS.

I renew the suggestions with reference to this subject presented in my last report. The evils of the jurisdiction there pointed out have increased rather than diminished in the past year.

INDIAN DEPREDATIONS.

The claims known as Indian depredation claims, and the action of the Department respecting them, are treated in an elaborate report of Assistant Attorney-General Howry (Exhibit 4), to which the attention of Congress is especially invited.

The time within which such claims must be presented under the act of March 3, 1891, providing for their adjudication, expired March 3, 1894,

so that the number of such claims, if not the amounts actually involved, is now ascertained. The claims are 10,841 in number, and on their face represent demands amounting to a total of $43,515,867.06. This figure, however, must be regarded as almost wholly nominal, and there can be little doubt that when the claims in question are investigated and liquidated not more than one-quarter of that sum will be found actually due. There can be no question that at least $30,000 can be effectually used the coming year in the defense of Indian depredation claims, and that true economy requires that that amount should be appropriated at the beginning of the fiscal year so that the Department may know at the outset what its resources are. I therefore fully indorse the recommendation of the Assistant Attorney-General in that regard, as also his suggestion that for the reasons stated by him legislation should be had by which the making of false claims against the Government may be more effectually prevented and punished, either by an amendment to the statute limiting the time within which prosecutions for perjury may be begun, or otherwise.

COURT OF PRIVATE LAND CLAIMS.

Exhibit 2 is the report of the United States attorney for the Court of Private Land Claims for the period between November 6, 1893, and September 30, 1894, and shows that a very large number of important claims have been disposed of, with results on the whole very favorable to the Government.

This court expires by statutory limitation December 31, 1895, and it seemed clear that, if practicable, the United States attorney should have such aid in his work as would enable him to dispose of all the cases on the docket before that time. Otherwise an extension of the life of the court, entailing great additional expense, would be applied for and would almost certainly be granted by Congress. On communicating with the able and efficient United States attorney on the subject, he gave it as his opinion that all the business of the court could be wound up before January 1, 1896, if he were furnished the proper professional and clerical force, the additional cost of which he estimated at $16,000. His views and estimates were, therefore, laid before Congress, with the result that the $16,000 was promptly appropriated as suggested. Mr. Reynolds assures me that, unless some unexpected obstacle is presented, he will be able to finish the business of the court within the time specified, and without exceeding the special fund appropriated for that purpose.

REPORT OF THE SOLICITOR OF THE TREASURY.

The amount, character, and results of the litigation conducted under the direction of the Solicitor of the Treasury for the fiscal year ending June 30, 1894, are shown in his report, hereto annexed as Exhibit I. Certain tables accompanying the report comprise:

(1) Suits on transcripts of accounts of defaulting public officers, excepting those of the Post-Office Department, adjusted by the accounting officers of the Treasury Department.

(2) Post-office suits, embracing those against officers of the PostOffice Department, and cases of fines, penalties, and forfeitures for violation of postal laws.

(3) Suits on custom-house bonds.

(4) Suits for recovery of fines, penalties, and forfeitures under the customs revenue and navigation laws.

(5) Suits against collectors of customs and other officers or agents of the Government, excepting internal-revenue officers, for refund of duties and acts done in line of their official duty, including appeals from the decisions of the Board of General Appraisers.

(6) Suits in which the United States is a party or is interested and not embraced in the other classes.

(7) A general summary or abstract of all the other tables.

An examination of the tables will show that the whole number of suits commenced within the year was 6,114, of which 35 were of class 1; for the recovery of $101,297.52; 479 were of class 2, for the recovery of $228,825.88; 43 were of class 3, for the recovery of $30,458.53; 244 were of class 4, for the recovery of $500,491.65; 691 were of class 5, and 4,622 were of class 6, for the recovery of $1,439,255.54, making a total sum sued for, as reported, of $2,300,329.12.

Of the whole number of suits brought 3,640 were decided in favor of the United States, 12 were adversely decided, 543 were settled and dismissed, in 6 penalties were remitted by the Secretary of the Treasury, leaving 1,913 still pending.

Of those pending at the commencement of the year 826 were decided for the United States, 41 were adversely decided, 1,208 were settled and dismissed, and in 2 penalties were remitted by the Secretary of the Treasury.

The whole number of suits decided or otherwise disposed of during the year was 6,278; the whole amount for which judgments were obtained, exclusive of decrees in rem, was $533,531.73, and the entire amount collected from all sources was $217,720.95.

The number of cases in which offers of compromise were pending and received during the fiscal year was 165, involving the sum of $145,991.34.

The number of offers accepted was 113, involving the sum of $102,112.61; amount accepted, $20,265.54.

The number of offers rejected was 21, involving the sum of $18,778.48; amount rejected, $9,502.60.

The number of offers pending at the close of the year was 31, involving the sum of $25,100.25; amount offered, $3,765.59.

A statement of real property in charge of this office, acquired in the collection of debts due the United States during the fiscal year, is also appended.