The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-17

and unless Il should be granted he expected no would
be taken to Louisiana ard prosecuted.
He was asked TO give particulars Of OF the
criminal transactions, without giving any names but
he declined to do So
M Blackburn then renewed his motion, made yes
terday. that the chairman be instructed apply 70
the Attorney General for immunity for the witness
In reply 70 cross questions the witness said he made
statement OF the principal points against Morcy
year ago and showed to several persons and that
was one Of the papers sold to Morey but he kept
rough copy OF It for self-protection
THE KENTUCKY CENTRAL RAILROAD CLAIM
JUDGE ADVOCATE GENERAL DUNN IN xxPLAxA-
TON OF IT'S PAYMRNT-THE FACTS or THE
CASE sUccNcTLY STATED.
The Committee on Expenditures in the War Depart
ment to-day resumed their inquiry into the matter Of
the Kentucky Central Railroad claim. General w. H.
Dunn, Judge Advocate General OF the Army testified
that during the years 1870 and 1871, while Assistant
Judge Advocate General he was duty law Officer
Of the War Department, and in tho fall or 1870 this
claim was referred 70 him by tho Secretary OF War in
the ordinary or business for examination and
report The papers remained IN his once from some
time In November until the next Nav, and received
very careful and thorough examination at his hands
As the result OF this he was clearly sahs-
fed that II was just claim and therefore, he mado
favorable report which, being approved by tho Sccre-
tary CT War and aferward by the Third Auditor and
Second Comptroller OF the Treasury procured its pay
ment No effort was ever made in any quarter TO In
fuence his judgment
In response TO further questions General Dunn pre-
scented the following tho chief points or his reports
on tho claim. showing the considerations when
trolled his action, and bringing regard
ing It's history that have not hitherto been published
First-Thc Kentucky Central Railroad Company was
entitled, under tho constitution. to Just compensation
for services rendered the government, and what
just compensation not matter 10 be determined
arbitrarily by tho Quartcrmaster General or any ono
Sscond-The military rates. so called, imposed upon
said company against lis protest were compen
sation for the services rendered
Tsrt-Thc rates OF compensation asked for and
an lowed were no more than just compensation
FourA-The payments made to tho company by tho
Quartermastcr's Department, having been received
under protest that they were not all the company
entitled TO receive, IN manner concluded the
pany against demanding further payment. and tho
Quartermaster General erred IN holding the company
concluded BY tho acceptance OF such partial pay
and In representing to tho Secretary OF War the
services were pad.ior and settled.
F.fiA-The Quartcrmasler General recommended that
the rates asked for by tho company NINETY per OF
It's regular arn be pad for after August /,
1864. which accommodation was approved. Tho
reasons given TOR that recommendation apply moro
forciby for the time such were refused than for
the time they were allowed.
StxlN-Aprll 10, 1904, tho Recommendation OF inc
Quaftcrmaster General that this claim be rejected
approved IN this iorm:"By order Of the Secretary OF
War, Q. II. Dana, Assistant Secretary Of War; Ina
few days thereafter on the application 0f Mr.. Magraw,
then the attorney In the case the Secretary Of War;
under his own hand, ordered the Quarermasicr Gem
era to call on Colonel Swords the Assistant Quarter
master General duty Cincinnati. Tor report on
tho then presented. Colonel Swords mado
such report, showing fully that tho payments for
transportation made to the railroad company bad
been received under protest. and upon the assurance
OF the Quartermaster making the payments
ments, would not 6c dobarred from asserting is
clam TO ninety pes cent on Tvs regular tariff rstca SUBJ
scqucntly Mr.. stanton verbally, -as stated by the
solicitor OF the War Department, Hon. William Whit
ing and also under his own hand, appears by the
record referred the report OF Colonel Swords through
the Quartermascr Generals Department. 10 Solicitor
Whiting for q report All these references took
place after tho time IL Is stated that
the claim was rejected by the War Depart
rotary Stanton considered the claim rejected The
Last reference seven months afterward The ref
last Official act OF Secretary Stanton record in
gard to this claim, and excepting report by Solicitor
Whiting that The claim still open for settlement
further action appears 10 have been taken regarding
1t until tho year 1870
SepsnA-fns National Railroad Convention which
held In Washington on February 20, 1862
whose recommendation the so-callcd military rates
were adopted, passed the following resolution =
Resolved That is the nion Of this Convention that
win 30 equitable 70 those roads whose
General under authority OF the Secretary OF War
lowed to the Baltimore and Ohio the Louisville and
Nashville the North Missouri and the ST. Louis ana
Iron Mountain railroad companies more than tho
military rates for the transportation of army supplies
The Kentucky Central entitled to be placed in
same category those roads, the reasons that
justified the payment OF higher than the military rates
to those roads obtaining with equal force in the
OF the Kentucky Central
Quartermaster General Mcgs, who was present, was
asked by Mr.. Clymer whether he desired TO say any
replied that he did not think It necessary 10 do So as
his Official action concerning the matter fully set
forth In tho record
IN EXPLANATION OF HIS LABOR AND HIS
CHARGES.
>~h4 Committee rvpanAitures In the Department
Of sustice this morning resumed the examination of
John l. Davenport who produced tho law showing his
authority for receiving pay for ndexny his books. In
the index books there are including Names nearly
5000 900 words, and witness claimed for these words
tho sum allowed by law. This index was simply copy
OF the registration lists alphabetically arranged In
all hts charges for this index the witness made
charge not warranted by law. The indexing he con-
ceived be necessity the indcxing diminished tho
labor Of tho onlce very materially In reply 70 Mr..
Meade the witness said that prior 10 1871 he was
member Of q law firm IN New York. The first work no
did alter the dissolution OF the law Arm was TO take
copy Of the census
Question--where did you get that copy Of the con-
sus; for. as understand It, the mot then
printed
Witness could not that question as put I'M
less he permitted TO make explanation. Some
charges had been made against him Of wrongdong in
connection with that census, and he would NOT answer
unless he could explain IL He was willing say. how
ever. that he obtained the copy Of the from
Marshal sharpe
Amer discussion by the committee he was per.
mitted 10 explain that no made his compilation In
room Of the United States Court House. and whom he
said he obtained the papers from tho United states
Marshal ne meant only 80 far as his clerks were per
mtted to handle them. HIS compilation was NOT
made from the regular June census. but census
taken october account OF feeling that the June
census was incorrect.
Witness examined at some length In relation to
his compilation tho OF doing, &C., but no new
far nd