The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-23

Our Wsshis Stsss Correspondence.
WAsHrHorOs. August q, lsss.
re Opinion q 1e AHowy GessvaJ rstce Ne ko,y<~d
Interest Ciosm.
The State o( Maryland had ciam for inssress On "a ~
debt contracted during the OF lslc Tas matter has
been In litigation for some time, and the Hate has beea
unable get the nxer adjusted sssacsory. Coagrss
passed act for Ms settlement In 1926 but for
osbsr The matter failed. Al The last sosu;cn
element directed 10 be made bu! doubts of tn
Ing arose In the Treasury Department and tho subjet
referred to the Attorney General who has ven On see
opa on in the case, and sdviied the payment the no
re.t As there are questions In this which VIII be
applicable to o,her OF a similar nature, sad
there are some new points relative to the meaang end
power OF Congress 10 egsate pom OF this kind,
will mako few extracts from this cicar isg'oai ana
learned opinion The anouM involved some $4,000,
Tho following some of the points,
During the Of 1912 the United States became IN
deoted TO Maryland about half million Of dollars The
principal Of thai debt vas paid OF in various sums an
paid In 1928 auth ,rizpx nves 20
BE- computed and paid the Treasury This vas dooe GA
the principal, reducing the upon which wss
allowed by the full Of each payment ana allowing
ed Maryland never was sausned with tbs shs ooa
tpusd tn memorabilia Congress for more hbe al adiaA
nens o. her ols but never succeeded until he ias d.v
OF the LAT eon, when tbs act Consideration
passed This act requires tho accounting officers 10 mako
the calculation By the following rrle:Intereat shall b
calculated up 70 tho time OF sry payment msdei =
this interest lie pay meni shal he Ers: applied and II
exceed the interest due, tho balance shall be sppso6
tho nts1ss the psance Of interest shall no. be added :
the princ lal SO as 10 produce interest"
Since the dispute arose distinguished and load
ing members or Congress have sialed n letters which
have been laid before me) that they voted for In the
belief that II would and with the intent thai shouids
give TO Maryland all that she claims under 4. Tho
tuuhi I'D shan t,
House OF Representatives shows that 80 underssoo4
by the committee that framed IT, There was also an I'd.
verso report from another committee, by whom Il wss
opposed on the ground thai interest ought voa
to hepresent time The evidence, in shor makes toe-
raby clear that while the bill was ts passage shroagk
Oopgresg its fepds and its opponents In both houses
regarded Il a. provsonso the pay ent on the ~hole
OF the princi al debt az long a. that principal should
smallest weight on judgment The DO ooa-
srued cs6us suiS Congress addresses the executive
tie statute book Whom ,eak OF the intent OF the
legislature We refer to the meaning Of the words used
,Se. act and moi to the unszprs'.ed thought .hloa may
all OF the members OF legislative kody declare 70 have
been their intention that particular act sho5h have
certain construction such declaration II useless, their
construction be correct, and unwaanted II be wrong
In either case Il no proper element Of legal judgmsnk
You must ASCERTAIN In this - In other osses what Con
gres has commanded you do by tasiag, tho words a
the law, ana understanding them by the established rules
First Of al, must be kept In mind that Is general
rule government does NOT pay interest Toe 1oos -
this rule are found onl, 10 where tie demands
made under special conracs or special laws expressly
providing for the payment OF Interest An Obligation q
pay u moi 10 be implied against the government, b
against private party from the fAc that the psin-
opal was detained from the creditor after bis right 10
ce!ve II had accrued
There is another OF copstrucor which mus "a
be overlooked and that H. that all Ia which give away
the public money are 10 be Interpreted strictly sgarn the
party 70 whom 10 given. He who claims Q paymsM oSa
OF the Treasury and bases ths claim upon act u Ooa
gress must show the 10 hs authored either en-
presslya or by very clear implication AmblEu phrasu
will mot serve his turn When two meanings be
signed 10 an act Ike this, and tho arguments In fkvW
OF both arc nearly balanced, the punhc In emitted
to the bepent OF the doubt or do no! eay
that claim ought 10 be defeated by ssrxninx sense
Of tho law against But II Congress has eli the money
OF tho Emitted States under Ito control, also has the
whole Epglsh language 10 give Amy With and II %
easy 10 use definite terms In Law HE this thss whsu
they are not uscd VIC will presume them no, 10 be
All Legislative grants, whether Of money of privileges
End ocghi 10 be construed strictly against
After alludirg at some length to the n 1886, On
Ito hearings and 70 the quest raised In eepartau
against the payment Of the interest the Attorney GsoerS
ooncludeS-E couf reach Tho conclusion that this q
Doubtful statute would advse you not TO pay the oaim
for do not think that the respect owe n Q nae
makes any difference In tue right But Congress- hAs
given Mary land Inter eel her oes and lcok
for anything which decia-cs that be stoned
before the principal shall be paid