Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-17
Adjudication OF Claims.
IMPORTANT DECISIONS OF TIE SECOND


mead, Second Controller OF the Treasury, in re-
gard to the adjudication of claims arising under
recent legislation. The Controller, in reply, has
decided as follows on several important points:
There are three separate acts relating to the
subject.
First. Army appropriation act (sec. p, ap-
proved June 16, 1874, which provides 90 That all
balances of appropriations, for whatever ac-
count made, for the service of the departments
Of the quartermaster general, and of the COM
misssry general Ofsubslstenee, prior to July LIST,
1S12, which on the 30th day OF june, 1874, sh ali
remain on the books of the Treasury, shall be
carried TO the surplus fund, except such as the
Auditor of the Treasury, whose duty il is to set
tie accounts against such appropriation shall
certify to the Secretary of the Treasury to be
Necessary in the settlement sf such accounts a
have been reported TO him Tor payment by the
qusrtermaster's and the commisssry DEPART
nents pending in his Office"
Second. The legislative executive aud judicial
Appropriation act (sec. 81, approved June 20,
1874, enacts THAT from and after the first d Az
OF July, loI4, and of each year thereafter, the
Secretary of tae Treasury shall cause all unex-
pended balances of appropriations which shall
have remained uI on the books OF the Treasury
for two fiscal years, to be carried to the surplus
fund, and covered into the Treasury with q
few exceptions specified in a proviso); and pro-
vided further, that this section shall not operate
TO prevent the fulfllment of contracts existing
at the date Of the passage of this act"
Third. The sundry civil expenses appropria-
ton act, approved June %, 1874, entitled IAN
act making appropriations for the support Of
1875, and for other purposes, passed at the
present session, shall be construed to direct the
Third Auditor of the Treasury to certify to the
Secretary of the Treasury the sum necessary in
the settlement of accounts for steamboats, and
other vessels, pending in bis office, under the
Joint resolution approved December sd, 1869,
and March Sd, 1871, and said sum so certified
shall be excepted from the operation Of the said
second section. But nothing herein contained
shall be construed to affect the present iuris-
diction of the Second Com ptI oller of the Treas
In my opinion, the law of June 20 suppressed es
the act of June is, far the excepted cl asses
OF accounts are concerned, ana necessitates the
covering In OF all balance that have stood upon
the books OF this department for two n-cai
years, out Of which quartermaster or commits
sary claims arising prior TO July l, 1872, could
be paid, except accounts and payments in full
flment of contracts existing at the date OF the
passage Of the act OF June ~, 1874.
A contract existing Is held To be a lCritten in
strumeDt in legal form properly executed in
process of completion, but not vet completed
by the fulfilment of It's stipulatiOns on the part
OF either or both of the contracting parties See
Act of June 2,,1s62; 10 Stat, ALL
do not see that the provisions of the act OF
June %. 1874, In regard to steamboats, and other
vessels, necessarily affect in any manner the
practice OF the accounting officers in relation
TO the settlement Of that class OF claims a.
they are settled under the provisions of Sec. 2,
act of March 3, 1919. and are paid out of the in
definite appropriation made by said act, which
still remains in force.
Sec. 2, act OF June &c, 1874, provides "tha;
the Quartermaster General, Commissary Gsn-
eral, and Third Auditor OF the Treasury, shall
continue TO receive, examine, and consider the
justice and validity OF such claims as shall be
brought before them, under the act OF July 4th,
1854, and the acts amendatory thereof; and the
Secretary of the Treasury shall make report OF
each claim allowed by them, at the commence
ment OF each session OF Con gress, to the Speaker
OF the Houee of Representatives, who shall Law
the same before Congress for consideration"
Under this provision claims under act of j uy
1, 1854, are TO he received, examined, aud ad-
iusted as heretofore, and an abstract list of those
allowed furnished the Secretary of the Treas
uTy for transmission TO Congress for its con-
sideration.
Sec. 8, act of June 20, 1874, provides "thst the
Secretary of the Treasury shall, at the begin
ming of each session, report to Congress, with
bis annual estimates, any balances OF appropri-
atoms for specific objects affected by this sec
ton that may need to be reappropriated."
The former OF these ac:s (June 16) provides
for the reception and adjustment of claims
uLder act of July 4, 1864, and the latter (June
2O) for other classes of claims; as the Secretary
could rot report to Congress the balances
needed TO he reappropriated for specific objects
unless the accounts were settled, and the bal
ances found to be due thereon reported by the
accounting officers.
In trief, it is my opiuion that there are no
appropriations applicable TO the payment OF
claims arising prior TO July I, 1872, except per-
maneDt specific appropriations-appropr
for rivers and hsrbors, light houses, fortifca-
tons, public buildings, pay OF the navy and
marine corps, and claims arising under con-
tracts existing June 20, 1874.
All other claims which arose prior to July :,
heretofore, and the balances found to be due
thereon are TO be certified In detail to the Secre-
tary OF the Treasury, for transmission TO Con-
gress.
The RAINFALL for the past week according
to the weather chronicle OF the Signal ofice)
averages about as follows in the districts men
toned st. Lawrence valley, l IS inches; New
=. mil ~
Atlantic states, LIS; eastern gulf states IS:
western gulf states. 80; lower lake region, A:
upper lake region, OIL; Ohio valley aud Ten
nessee, 10; upper Mississippi valley O 50; lower
Missouri valley, obs; Minnesota, OIL.
THB LONG BRANCH RACES YESTERDAY
Yesterday was the third race day OF the second
meeting at Monmouth Park. The fret race
was Tor the Thespian stakes, value 800, added
to sweepstakes OF $50 each, p. p, for two-yesr
olds. the second horse to receive 800 and the
third $50 out OF the stakes; distance three
quarters of q mile. The stakes closed with
twenty-three nominations, OF which eight came
TO the post. Morey's Eclipse, nlly, won the
race, McGrsth's Aristides second, and Hunt
REYNOLDS Amelia third. Time, 1:iS.
The second race, the Western Hotel stakes, A
renewal OF the Monmouth Oak stakes, value
$1,000, added TO sweepstakes of $50 each, piay
or pay TO Niles, foals Of 1871, second to receive
500, and third horse 500 out or the stakes
With twenty six nominations. Only three hor ses
started-Cotrill's BOnaventure and Banner
cite, and Morris Regardless. Bonaventure
came in first, Bannerette and Regardless ran
ming dead heat for second place. Time,
3:13I.
The third race was for purse of $500, for all
ages, entrance money to second and third
horses, two mile heats. The starters were Lit
ties FeIlowcraft, Ceffee's DOnnybrook, Lewi-
* Co.'S Nandslite, and Bannatyne's Stockwood
The first heat was won by Vandalite by three
lengths, Fellowcraft second, and Donnybrook
third. Time, $40. The second heat and race
was won by Vandalite by q neck, beating Eel
ioWcraft second, Stockwood third, and Donny-
brook fourth. Time, 1884.
THE CASE OF JAY COOKE & Coin PbiIa-
delphla, before Register Mason Yesterday, an
examination of the affairs OF Jay Cooke & Co.
bankrupts, by counsel for creditors, wa. com
menced. Jay Cooke was first examined He
referred counsel to the books OF the firm for
most Of the Information they desired. Mr..
Fahnestock, senior partner of the firm reside MT
In New York, said at the time OF the suspension
or the nrm Of Jay Cooke s. Co. il was indebted
to Jay Cooke, McCulloch & Co. The latter
firm held no collaterals to secure this indebted
ness. Jay Cooke & Co. were solvent on Sep
tember IL, and were insolvent on September fs,
caused By inability TO raise funds to meet the
demands. The chief cause was the advances
made to the Northern Pacific railroad. All these
advances were made by the advice Of Jay Cooke.
Witness frequently objected to this class Of
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