question or proposition certified to it, and its instructions shall be binding upon the circuit court of appeals. § 135. All appeals, and writs of error, and other cases, coming from the district court for the district of Alaska to the circuit court of appeals for the ninth circuit, shall be entered upon the docket and heard at San Francisco, California, or at Portland, Oregon, or at Seattle, Washington, as the trial court before whom the case was tried below shall fix and determine: Provided, That at any time before the hearing of any appeal, writ of error, or other case, the parties thereto, through their respective attorneys, may stipulate at which of the above-named places the same shall be heard, in which case the case shall be remitted to and entered upon the docket at the place so stipulated and shall be heard there. CHAPTER VII THE COURT OF CLAIMS § 136. Appointment, oath, and salary of judges. § 137. Seal. § 138. Session-Quorum. § 139. Officers of the court. § 140. Salaries of officers. § 141. Clerk's bond. § 142. Contingent fund. § 143. Reports to Congress-Copies for departments, etc. § 144. Members of congress not to practice in the court. 145. Jurisdiction. Par. 1. Claims against the United States. 2. Set-offs. 3. Disbursing officers. § 146. Judgments for set-off of counterclaims-How enforced. § 147. Decree on accounts of disbursing officers. § 148. Claims referred by departments. § 149. Procedure in cases transmitted by departments. § 150. Judgments in cases transmitted by departments—How paid. § 151. Either house of congress may refer certain claims to court. § 152. Costs may be allowed prevailing party. § 153. Claims growing out of treaties not cognizable therein. § 154. Claims pending in other courts. § 155. Aliens. § 156. All claims to be filed within six years-Exceptions. § 157. Rules of practice-May punish contempts. § 158. Oaths and acknowledgments. § 159. Petitions and verification. § 160. Petition dismissed, when. § 161. Burden of proof and evidence as to loyalty. § 162. Claims for proceeds arising from sales of abandoned property. § 163. Commissioners to take testimony. § 164. Power to call upon departments for information. § 165. When testimony not to be taken. § 166. Examination of claimant. § 167. Testimony-Where taken. § 168. Witnesses before commissioners. 8169. Cross-examinations. § 170. Witnesses-How sworn. § 171. Fees of commissioners, by whom paid. § 172. Claims forfeited for fraud. § 173. Claims under act of June 16, 1874. § 174. New trial on motion of claimant. § 175. New trial on motion of United States. § 176. Cost of printing record. § 177. No interest on claims. § 178. Effect of payment of judgment. § 179. Final judgments a bar. § 180. Debtors to the United States may have amount due ascertained. § 181. Appeals. § 182. Appeals in Indian cases. § 183. Attorney general's report to congress. § 184. Loyalty a jurisdictional fact in certain cases. § 185. Attorney general to appear for the defense. § 186. Persons not to be excluded as witnesses on account of color or be cause of interest-Plaintiff may be witness for government. § 187. Reports of court to congress. § 136. The court of claims, established by the Act of February twenty-fourth, eighteen hundred and fifty-five, shall be continued. It shall consist of a chief justice and four judges, who shall be appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them shall take an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office. The chief justice shall be entitled to receive an annual salary of six thousand five hundred dollars, and each of the other judges an annual salary of six thousand dollars, payable monthly, from the treasury. See R. S. § 1049; 2 Fed. St. Ann. 53. § 137. The court of claims shall have a seal, with such device as it may order. R. S. § 1050, 2 Fed. St. Ann. 53. § 138. The court of claims shall hold one annual session at the city of Washington, beginning on the first Monday in December and continuing as long as may be necessary for the prompt disposition of the business of the court. Any three of the judges of said court shall constitute a quorum, and may hold a court for the transaction of business: Provided, That the concurrence of three judges shall be necessary to the decision of any case. R. S. § 1052; Act of June 23, 1874, c. 468, 18 Stat. L. 252, 2 Fed. St. Ann. 54. § 139. The said court shall appoint a chief clerk, an assistant clerk, if deemed necessary, a bailiff, and a chief messenger. The clerks shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; but the court shall report such removals, with the cause thereof, to Congress, if in session, or if not, at the next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause. R. S. § 1053, 2 Fed. St. Ann. 54. § 140. The salary of the chief clerk shall be three thousand five hundred dollars a year; of the assistant clerk two thousand five hundred dollars a year; of the bailiff one thousand five hundred dollars a year, and of the chief messenger one thousand dollars a year, payable monthly from the treasury. See R. S. § 1054, 2 Fed. St. Ann. 54. § 141. The chief clerk shall give bond to the United States in such amount, in such form, and with such security as shall be approved by the secretary of the treasury. R. S. § 1055, 2 Fed. St. Ann. 54. § 142. The said clerk shall have authority when he has given bond as provided in the preceding section, to disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper ac counting officers of the treasury in the same way as the accounts of other disbursing agents of the Government are settled. R. S. 1056, 2 Fed. St. Ann. 54. § 143. On the first day of every regular session of Congress, the clerk of the court of claims shall transmit to Congress a full and complete statement of all the judgments rendered by the court during the previous year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were rendered. At the end of every term of the court he shall transmit a copy of its decisions to the heads of departments; to the solicitor, the comptroller, and the auditors of the Treasury; to the commission of the General Land Office and of Indian Affairs; to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States. R. S. § 1057, 2 Fed. St. Ann. 55. § 144. Whoever, being elected or appointed a senator, member of, or delegate to Congress, or a resident commissioner, shall, after his election or appointment, and either before or after he has qualified, and during his continuance in office, practice in the court of claims, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust or profit under the Government of the United States. See R. S. 1058, 2 Fed. St. Ann. 55. § 145. The court of claims shall have jurisdiction to hear and determine the following matters: First. All claims (except for pensions) founded upon the Constitution of the United States or any law of Congress, upon any regulation of an executive department, upon any contract, express or implied, with the |