The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-09-05
A Puzzling Case.
THE PERSONALITIES OF THE LAW-AN
AUGUSTA CITIZENS CLAIM,

THE TECHNICALITIES OF THE LAW-AN
AUGUSTA CITIZENS CLAM,
For about three years the senior editor OF
the VIRGINIAN. on occasional visits to
Washington. actively aided by Hon. John
T. Harris, has been endeavoring to rescue
from technical environments claim allowed
by the Court OF Claims to Capt. Alexander
Anderson, of this county. After the claim
had been allowed. application was made for
the warrant covering the amount, when the
information was communicated that it had
already been issued. The assurance was
given tliet Cart. Anderson had never re-
ceved it, An examination OF the pap'rs IN
the case followed, and it was discovered
that the power of attorney upon which the
warrant had been paid over, was from lex.
Anderson, of Amelia county. The atten-
ton Of the clerk in charge OF .he matter
was called to this, and then commenced the
difficulties. A further examination disclosed
that the signatures OF the two Ander sors
were precisely alike, so much SO as to arouse
the suspicion that something was wrong IN
this. But a search of the original papers
established that both were genuine. The
case was then followed from one room to
another, and the examination given by each
clerk and bureau head drawing out conflict
ing opinions and presenting technical diff
culties to the right Anderson getting
his money. The law officer OF the Treas
ury Department was as much puz-
zled as any one else. He recognized
the right of Capt. Anderson to his
money, but how to pay it, or whence the
money was to come was the perrleXlng
question. About two months ago the case
was found before the Second Comptroller,
who, upon being approached, put on his
studying cap, and then calling for clerks,
consulting and finally determining that
Capt. Anderson should have his money and
that the warrant would be sent in few
days, 1t was about this time that Mr..
Fant:s claim was allowed. and as he, repre-
sentng the parties to whom the power OF
attorney of the Amelia Anderson had been
given, had gotten draft and endorsed it,
the conclusion was reached that enough to
cover the Anderson claim should be with
held from the appropriation. allowed FAINT.
The Washington correspondent OF the
New York Times OF the 25th gives the fol-
lowing further particulars, which, as far as
we know, are correct, except the asserted
presence of Capt. Anderson in Washing
ton:
51,ao
submitted to the First Controller OF the Treas
ury for adjudication. 1t appears that a Mr.. Alex.
o OF o cSay V or
his property by the Union Army during the war.
By strange coincidence another Mr.. Alexander
Anderson, hailing from Augusta County, Va,
urged before Congress a claim OF a similar char
acter and for about the same amount. Both
cases were considered by the proper committees,
and the result was that the claim of Alexander
Anderson, of Augusta County, was allowed.
while the claim of Alexander Anderson, of Anne
liza County, was rejected. But in the bill appro
priating the money to pay the Augusta County
mans claim, the Clerk designated him simply
as Alexander Anderson of Virginia" AS for
tune would have it, Alexander Anderson, of
Amelia County, whose claim had been rejected.
and as subsequently transpired, being ignorant
OF having a namesake in Augusta County, and
much less that that namesake also had claim
against the United States, concluded that he
the person meant. and forthwith transmitted a
power OF attorney to Mr.. H. G.. FAINT, promi-
nent banker OF this city authorizing him to
collect the money. p III
Mr.. FAINT presented his power at the Treasury,
paid the amount of the claim. few days later
Mr.. Alexander Anderson, of Augusta County,
the man who was properly entitled to payment,
walked into the Treasury and demanded the
money granted him by Congress. The officials
at first thought he was some impostor, but af-
ter few words of explanation the Treasurer be-
came satisfied that he had paid the wrong per-
son. and that the Augusta County man was en-
titled to the appropriation. But what as he to
pay Augusta County Anderson with There
was no longer any money in the Treasury for
that purpose because it had been paid out to the
attorney for Alexander Anderson, OF Amelia
County. Was the Treasurer to pay the claim out
of his own pocket Mr. GilflIan thought not
He had exercised ordinary care, and if Congress
chose to be ambiguous in designating the pages
of its appropriations, he did not think he ought
to suffer and would not if he could avoid it,
This ruling on the part of Treasurer Gilfllan
left but two ways OF obtaining Augusta County
Anderson his money. The first was to get 1T
from Mr.. FAINT or his principal; the second was
to appeal to Congress and secure another appro-
pr1atlon No time was lost in making demand
upon Mr.. FAINT for a return of the money He
declined, saying he had paid it over TO Alexan
ger Anderson, or Amelia County. The latter was
in turn communicated with, but he had spent
it, and was insolvent At this iuncture the case
became still further complicated by the passage
of an appropriation in favor of Mr.. FAINT himself
for damages to his property i'll the South during
the war. Treasurer Gilfllan, who doubtless
wanted to made sure to save himself harmless,
was on the lookout for the draft in MI. Fant's
favor, and when the same was presented, he de-
deducted the amount that had been enormously
paid him on behalf of the Amelia County Ander-
son. Mr.. FAINT protested against any such treat
ment but the Treasurer was memorable. In
vain did Mr.. FAINT argue that he was only an
agent, and had acted in good faith, Treasurer
Gilfllan met these arguments by saying that the
draft was paid upon his (Fant'S) Endorsement, and
that his power of attorney only authorized him
to collect the claim of Alexander Anderson of
Amelia County-the county had been stated in
the power-and as that person had no claim
against the Government, Mr.. FAINT had no right
tocolect the money. The case was finally refer :
red to the First Controller, and he finds it the
most difficult legal problem he had to solve
i'll his life.