New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-30
THE SUGG FORT CLAIM.

THE SUGG FORT CLAIM.
REPRESENTATIVE r. r. BUTLER's CONNECTION WITH
THE CAsE-A LETTER FROM THE SOLICITOR OF
THE TREASURY TO TIE SECRETARY OF THE
TREAsURY-A BASE FRAUD UPON TIE GOVERN
MEST.
IRON THE REGULAR CORRESPONDENT OF THE rRIBUSE.I
WASHINGTON, Jan. 2S.-A letter from the Solicitor
of the Treasury regarding the notorious Sugg Fort
claim the payment of which so discreditable to
Representative Butler of Tennessee and some of the
high officers of the Government in the War and
Treasury Departments, was not included in the pa
pers sent to the House and printed with the report
of the special agents sent to Investigate the claim.
1t places the in still stronger light, and dis
poses of the report that Mr. Butler had no improper
connection with the case:
DEPARTMENT OF JUSTICE. OFFICE OF THE SOLICITOR
oFTHE TREASURY WASHINGTON, d. C., Dec ~, 1874
SIR: have respectfully TO inform you that have
carefully considered tho report OF Messrs. Smith and
Benjamin. together with the accompanying aihdaVts,
letters and referring the claim OF SuRg Fort OF
Robertson County, Tennessee, for 29l barrels OF HOUR
charged at sS2S &c. and alleged to have been taken
from him for the use of the United States during
the The reference OF the report and papers 10
my Office on the 9Th inst directed their examination
and such appropriate legal the interests Of your
Department might demand. In my judgment based
upon facts before me- the claim Is base fraud upon
the Government, allowed originally upon insufficient
testimony, without duo deiberaon and permitted to
be hurried through by the accounting officers upon repre-
sentations shown to be false. and under crcun-
stances that seem TO call imperatively for fuller and
more rigid investigation.
Aside from the fact that the claim was concluded I'M
der the opinion OF the Attorney General in Fuers case
op., 429 by the previous adverse action OF Congress,
his claim appears to have had in reality only the slight
est oundaton-no broader in fact stated in the re-
avieit ~ m Mt W.
claimants neighborhood during the and the appro'
priaon on one OF those visits Of small quantity OF
1our-he whole train consisting OF only three or four
wagons" Even these slender points, upon which are
hung great claim. do not seem TO be free from
doubt 1t is also to be noted that this claim sub
se0uently passed by the Commssary General was fled
before that officer in March, 1879 and disallowed with
ont examnatlon because he considered that he had no
jurisdiction.
Under the third section OF the act OF July 1854 as
extended By Joint Resolution No. co. First Session,
XXXIXth Congress such jurisdiction seems clearly con-
TERED upon him, aud it is made his duty to cause the
claim examined and convinced that Just ana
the loyalty Of the claimant and nat the stores have
actually received for the use of and used by the
army then 10 report for payment to the Third
Auditor OF the Treasury with o recommendation for
settlement.
IL must be admitted, IN view OF the law that the
sp0nHby for the payment OF every such claim must
rest largely upon the Commssary- General The ques-
ton OF suiciency OF the proof OF loyalty OF the
taking and USE is primarily for him. And yet the TErd
Auditor and Second Controller responsible we'll
In this connection deem it proper to call your aten-
ton especially that portion Of the report referring to
presumption that the claimant received AID both
advance and after the presentation OF the claim from
some Of the clerks In the employ 81 the Treasury ana
War Departments including the suppression OF infor
nation while the claim pending before Con
yppll "a examination
by the executive and accounting officers" Beside
establishing, in their judgment, the deliberate nature
the fraud these gentlemen in their report point out
as we see here OF the agencies probably employed
and fasten the responsibility directly upon the claim
ant his counsel, and reflect with severity upon tho
member OF Congress and the mora prominent examn-
ing and accounting officers In judgment. the facts
developed by their iuvestlgiti demand prompt app-
cation Of all legal remedies, both civil aud criminal In
order that Justice may DO done, and the facts finally
and authortatively ascertained and determined For
unatey the legal remedies for whatever wrongs may
have been committed against the public treasury or the
laws are plain and readily susceptible of such prompt
application Under the authority OF the case OF the
United States agt. Fenemore Dallas. 49, the moneys
having been obtained by fraud. may be sued for in
assumpsit and recovered.
The claimant Fort upon the best evidence attainabe,
is solvent and he resides in the Middle District OF
Tennessee suit has been ordered against him Ia the
advisable additional civil proceedings will hereafter be
instituted against such persons may be shown TO have
knowingly aha red in the spols Besides the civil suit
invited the attention OF the United States Attorney
of this District to the and have requested him to
cause IT TO be diligently and thoroughly inquired of by
first grand jury mpaneled TO the end that II there
has there is too much TO beove-an I'M
lawful combination conspiracy 10 defraud
the United States. the parties may be indicted,
and, If possible, speedily tried, convicted, and
punished. Criminal proceedings must be had in
this District rather than in Tennessee for the reason
that the conspiracy had its inception here anywhere,
and certainly conclusion. II. however, 1t turns out
otherwise further inquiry such proceedings may be
instituted and maintained the district where tho con-
spracy began. In conclusion II will be the aim OF this
Office follow up these legal proceedings, civil and GRIM
inal SO as to make them sautary warning TO all per-
sons chersbDg like unlawful and corrupt designs upon
the public treasury. Very respectfully
BLUPokD WILSON, Solicitor OF the Treasury.
To the Hon. b. H. BRIsTow, Secretary OF the Treasury