The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-02-19
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This case b one where the Govefun,ent
through the President ofthe United States and
Secretary Of War. promised 70 pay these troops
/ when mustered into the United States yervice
aud they would have been long siuce paid by
the aoverlment. u 20 mustered, bat the muster
ing onicsr arrived IN the etate after they had
to borrow money with which to ppy them. Con-
gress has universally paid interest 10 the States
where they hsye paid interssk We cite the
cases where interest hes been allowed and paid
for moneys advanced during the war Of iS1S-l6,
- follows:
vlrssis'A sas Act March .. isas Stat. a. Large.
Maryland, z. Ac, May Is, isss, sis,a at Large,
Delexare. Act May 20, 1898, 4sta,s. a. Large,
New York, Ac. Nay %. lsas. Stat. a. Large
PennsyIv.ni., Ac, March 8, 1887. s,a.a a,
South Carolina. Act Mch %, 1889. stats At
LAIEe. page -.
M.s'.chu.s,!,, @ ,sg Act July .. 1870, 10 sta,a at
For advances for Indian and other wars the
same rule has been observed in the following
| cases:
Alabama, Act Jan. %. 1S4O. 4 Stats at Large,
page S44.
n.ss esGsEa s}s Act Mar 81 1851 Stats at Large
Georgia, Act Mar. s. 1879, 90 Stats. a, Large,
page SS5.
s.s. Ma:s'Hs,Se :. Tssse Ts,r'1 9 Act Mar 1852
New Hampshire, Act Jan. 81, 1852, 10 Stats
at Large, page 1.
Thus II will be seen that the precedent for
the payment Of interest under the rule adopted
for the settlement Of claims of the war OF 1872
ID Is well established
Your committee, therefore. are of the opinion,
from all the precedents, evidence, &c, which
they have been able to obtain. that the govern.
ment OF the United States 10 still Justly due the
State much larger sum than the amount al.
lowed BY the Secretary Of War or the Commit
tee OF Congress on Military Affairs, which your
coramittee believes can and should be collected
q an early day, and would request that our
Senators and Representatives In Congress be
urgently requested to use their utmost endeavors
to procure q speedy settlement Of said claim.
And your committee would respectfully rec
this Legislature.
Your committee herewith submits the testi-
mony OF Hon. Geo. F. Drew, taken by them in
this matter, marked A.
Exhibit "A")
Testimony Of Geo. F. Drew before Senate Com
mittee on Iudian War Claims
Question. Governor. you made contract did
you NOT, with Colonel 8. 1. WALES to collect the
OIo Hf eha 6kata ane l.
the Indian wars within the State Of Florida.
that were due said State by the United States
Government
Answer. Ibid.
Q. What was to be said Wales compeusa-
ton.
A, He was to receive fifteen per cent of the
claim recovered from the government
Q. What was your understanding of the
contract made with 8. L Wailesf
A. My understanding was that he was to
have fifteen per cent. Of the total amount al
lowed by the Government to the State of Flor
ida.
Q. This contract then would eutitle ST.
Wailes to fifteen per cent on the two hundred
and twenty-four thousand dollars allowed by
the United Statesf
A. That was my understanding. on the total
amount.
@. Do you believe that 8. 1. Wailes has acted
well his part in good faith!
q Do you believe the present favorable con-
dition of this claim could have existed without
the employment ola ageutf
A. do not.
Q. Do you believe that y. l. WALES has been
TO great expense in preparing this ca.ei
A. do.
Q. Did Colonel Wailes have any one else
with himi
A. he associated w. Z. Beard with him in
the prosecution of the case. WALES paid all the
expenses.
Q. Do you think the Legislature has the
right TO cancel this contract ifit felt % inclined
A. l think the State is bound. / am salts
ned that Colonel WALES has vested rights under
The following computation from the Gov
eTnor was read:
ExEcUTIvR OyFIoH,
Tallahassee, Feb. 10 1888
HoN. NJ 81. MARRY,
President Of Tie &snats
SIR: have the honor to return without nv
approval, the accompanying Senate Bill. enti.
tied an act to establish Bureau of Agriculture
for the State OF Florida, and to repeal act en-
titled an act to establish Bureau of Immi1ra.
ton for the State of Florida, and to promote the
rapid settlement Of the State lands, approved
approved March 2, 1879.
The purposes Of the Legislature, If they ara as
l understand them, to provide selEsupportlng
syotCtA VI PtOts~tAuB Jul pSoPlo from lmDO8ltlOn
by manufacturers Of and dealers in commercial
fertilizers, meet my most hearty approval, and
regret that cannot satisfy myself that such
commcndable purposes can be effectually met by
this bill.
The bill as enrolled creates State o63ce nm
known 10 tho Constitution, and provides that
such office shall be hlled by the concurrent
action of the Governor and the Senate. This
provision l do not consider in harmony with
Section 81, Article ~, of the Constitution. which
Is 10 these words: The Legislature shall provide
for the election by tho people or appsintment
BY the Governor Of oil State, county or munich
pal ofacers not otherwise provided for bv this
Constitution.
The bill further provides a. to such newly
created Office:
That the salary Of the Commissioner OF Ar.
riculture shall be the same q Q member of the
cabinet" The Constitution (original Section
OF Article XVI, and Article of amendments TO
/ the Constitution Of 1871 after fixing the com.
pensation Of salaried officers, provides that an
other officers Of the State shall be paid nv feea
or per diem fixed BY law" The bin surely con-
templates another ofdcer Of the State, and If Il
makes any provision for his payment, provides
that he shall be paid BY salary and not aby fees
or per diem"
II 10 not TO me clearly manifest. how il Il con
templated by the bill that the salary Of the new
ofiicer and the hire Of his clerk shall be paid.
| Section Is Of the bill provides that salaries
shall be paid monthly 70 the Inpacton out Of