New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-09-26

q The opinion of MI Attorney. General ButIer, re-.
ierred TO on page l,ll9, was given in she ca5a Ji
Mrs O'sul!iva n
Fer husbaud John O'sollivau Owned a vsqsel
which wss detained by John H. Fo-bet c,rnnar-
ca bDd POLITICAL agent o. toa Uaita1 States Al
BuerCs Ayres i'll 1923. aud finally gent by hin 20
,1e Uoied sores
By as set approved 81 Jaly 1886 the 8.c.etary
OF tte Treasury was directed 70 sstse the cai,n,
"sDd to pay ire amount Of octa@ loss whica might
be shown
In e.cer.ainirg az the act1-l oas,, the astorpey.
Gene9al thought iItereet might be estimated on
the value of the vessel. Ire accounting atic-rs by
the ecs ere CLOTHED with ths game 20 zsr that d
jury is u giving damages ia e case OF tori They
arrived a. reeult by conliderlnz various 2c:on-
psDyipg oircumstanc5s 4od intetest may WIN
proptiety he Que element in dsci4ing ynat amount
of damages the defends nt should pay
Your att ution ID invited to the opinion OF Mr.
Attorney General Writ in tho cass Of Aqail.
Giles, as conisiniog the general principles which
hNve governed the Accounting Officers, and the
Heaoa Of Departments In deciding the question
wtetherinter 81 should DE allowed
On be 81 March 1919 Cousress passed an act
for the relie' oil Aq1'lt Giles Hc held warran.
ifsued ny B Lincoln, dated % December, t782,
eXpregsine of IFS face 10 haze been isaued lar the
balance Of bis pay Il ajor FOR thaE yesr for five
| hoLdred ooiias the Accounting Ofi;sra Here
| DIRE cited to s. tile the claim
Mr Giles having calmed in,srest the opinion Of
| the Attorney General, Nr Writ was asked, aud
| given as follows, viz:
al have examined me case Of Ad1ila Giles, and
sec no reeaon in ,bG instance 70 depart from the
usual practice Of the Treasury Department The
| Act OF Coberess does not direct ths ptymaut of
ioteteat, does il Hs 10 the case of Ms Hanil.
ton refer to any principles OF settlement, from
which IL can be Inferred that lhterest inrend.
ted TO be p lowed The act merely refers 10 TIA
warrant for $500 aR the basis of settlement; the
warrant referred does not carry intersst IN
it's face. aud understand i 10 be tbs coils aul. of
Nj Giles Himself that 1t has not long since BEEN
presented AID paid or funded. Interest Is il the
nature of dsmssoe for Withholding 1oaey whicd
the party ought to psy, aud woald or cllli not
Blu here IL aDpeSrs on the face OF Nt Gess own
memorial, that he res never made an application
TO- payment, ard Therefore there hAa been no WIKI.
holding payment sselns. big consent. Ii Nj.
Giles coDceves himself To be azg,isyed by the
prSctice OF tho FresSnry IL smilsr cssae, ha has
remedy before Cong ess who, il shey think il
equitable, can direct the payment Of interes. az
they did III The case Of Iokn rhom Pson"
The resut oi nay examination il:
First: Inet, as Il general rule, the accounting
officers co lot slIoW interest
Sec0hd: The allowance Of interest in the com.
notation csaer Is by contract.
Ihiqd; Interest il allowed in time Of war sud
"
heern oDd contrsctots HAYS b8en directed to raise
money by losnf, and have paid nterest- aud
here bGis have been drswn ahd not pgd and
Baths hevo taken them up on en- assuraace that
interest Seood he paid sud where 5is have been
drawn by Contractors agreeable 70 contract aud NOT
peld itr 1aEt OF fHnds
Fcurth: When iuteresti 10 stip1la.sd 20 ba paid by
contract, ard act is petged for the reiiefo the
contractor directions given to psy interest, as
in Che OF the Springfield Manufacturing Com
pFry, ~ Augu6t 1912
T:td: During the war of 1912 general of the
SGT, ex pended money for the benefit Of The Uni,
TED states Wren the same wce borrowed by the
St0te ard ntstee! paid, auch iuseres: waa repaid,
but wbt ,ht money was rsken l3in TIC rfessury
Of the State, The pIiaolpa was refunded without
iterest
wanna vi s'.oie' 81 La'eo.......,....g. -
MARY IErd :. : ,.......,...:.p asc 1914
blgih: The accounting officers hive ellowed ia
terest ia cases referred To them by C1ngreas,
where iuter,tt under lag pertainihg to 4 class
O cases u ould have oeen allowed to she perscn
performing TIE services, II he had applied, bat ne
jre 90 ed relief is granted tnthe re presona i've or
herr Sc tbs Of Mrs HsutIton
] fed 40 FerersI pfucille OF rue Hf'ch au;h n
zef he S-Crs'ar n the treasury 60 s,iow lafereas
~ this cpee The phras eology OF the lazy does not
iDoica that it W IS the mis- uton of Congress tgst
! interest should DO aiio~ed The position ID "a.
sumtd in the argument that the queston Of the
pljpcit al wss not noubed, and therefore mat the
utefett lhe main subject referred t. decision.
nm obliged TO dissent from this uupgon.
In nv opinion IL " as strictly within the power ct
the Secretary Of the Treasury TO aslarrain whist
| would have been r. allied If The land bed bsen
sold undsr thn pr0c mai i'm o. the Gnverror or
under he substituted proposition Of the g JveraOr
eno Council. or under the proposition Of ths cred.
itora N ms as mentioned above. This could not
have heen reduced 10 mn absolute certainly, but
mn
the population Of Georgia, aud the ssie u o.hs
lanes open 10! settlement IL that colony at the!
iiue Much reliable information might ba sbtsined
i7oiu RSceItBi' the price paid for aud 10 other
co'nn'es about The tsmo time. srd tne progress
made IN their settlement The Crown being q
ifusEee without restriction bad the rsht TO ael at
such time as It thought proper to fig, aud az sum
pice Is II could obtain, acting in ali things IN good
taNh IL eXercisiug THE discretion, as to tne time
three years were limited b. Gov. Wright in his
proclamation
Il the principal rss aacertained and established
by Cmeresf, there wsg no necessity to refer the
computation OF interest to the Secretary of the
| Trtssury
II interest had been in the contemplation OF Con.
grees some rules would have been laid down 40.
corong TO precedent, mshiog Ano~n its will ia re-.
gard IN it, or it's views would have been made
known ia some other way. If further iuform alton
le deslfed ard time hall be given TO me- will en-.
fer mere fully Into the examination of the cues.
ton OF interest by referring to numerous sports
aud tracing TIE action Ct Congress on them a nj
by special acts allowing interest and setting forth
the circumstances attending each oase, and show.
ing the reason for the allowance, witboutde parting
from the ger era principle that inserest il not al
lowed on debis sesiuss the United States, and tea
SANITATION will show great harmony in the vAri
ops decisions, by the scon of the accounting Off
Gers, the Heads OF Departments and Congress
sm not able TO record Ehe extent of my exam
NATION IN confsqaence OF toe buIiness of the otiJe
requiring my undivided attention during the day,
sna the pressing opportunities Of the represents
uFes OF the ciaimsnts forbids my asAiag for more
time. Most respectfully submitted
ls&nedl ELISHA WHlTTLEsEY.
Honse Journal (Gtorsi ! 1885, page 1873
MIR howard 'rom he Committee 10 whom was referred
he petition OF mieage Galptin III behalf himself and
! Others, made report ihereon which wsa read