Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-06-26

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necessary for the equipment of II regi-
ments of infantry. In buying these sup
plies the state expended about Sl63, 600, no
portion of which has ever been repaid. In
1879 the state sold portion Of these dis
used arms and ordnance stores furnished
by the government for the sum of Sl43,-
460.66 which, was turned into the state
treasury. at is claimel,' the opinion
says, ION behalf of the state that these
arms, etc. had remained on hand for about
five years after the close of the war and
that no national law existed authorizing the
return of the arms to the general govern
ment, that the arms were charged to the
state upon a continuing account, that the
annual allotment of arms, etc, under the
statute of 1908, was withheld from the
state and was charged against the property
so charged to the state, that the property
required expense in care and protection,
and was deteriorating in value, and that
being offered liberal price for portion of
the property the state properly and iustifi-
ably disposed of the same
From this point we quote the closing por-
ton OF the opinion in full:
The Attorney GenerHi's Findings.
1t is not my duty to determine the cor
rectness or the validity of the claims, but
the question submitted to me is, in sub
stance whether the law requires that the
proceeds of the sale of these arms (Sl43,-
1863. G6) should be set off against or de luct-
ed from the Sl79. 407. so to which Vermont
is stated to be entitled under the direct tax
act of March ,, 1891?
The questions arising as 10 the remain
ing 100000, or Whereabouts. are left in
such obscurity from complication of facts.
and perhaps from deficiencies of legislation.
that they can only be reached 10y the ac-
counting or law-making departments of
| the government.
! 1t is understood that the property was
charged against the state when the same
was delivered and the balance has been
carried along from year to year under the
account of the act of ls0S until the law of
February II, 1887, was enacted changing
the policy of the issuance of arms for the
militia. and, consequently. the government
has had continuing knowledge of the ex-
istence and condition Of the transaction.
The law of 1905 re Iuircd an annual is
sue of arms in each state with the view of
| keeping up a constant supply. No state
! had any interest in the arms supplied to
| any other state, nor was there any provis-
! ion for national control or state RESPONSE
| bilty to the general government after the
! arms were delivered. Here were delivered
| to one state under one order, more arms
than the law allowed to be issued to the
whole United States in three years
1t is plain that the arms were delivered
| to Vermont to meet. or To prevent. threat
ened attacks in such manner as should
avoid withdrawing men from the armies
| then active in the South: and the charges
were placed under the account of the act of
lS0S, as matter of bookkeeping and with
ont the direction OF any law.
BY act of July -, 1861 ~ stat. 276).
the secretary of the treasury is directed to
pay to the governor of any state the eX-
penses properly incurred by such state for
enrolling, subsistng, paying, clothing
equipping, etc. its troops employed in aid
| ing to suppress the ''insurrectiOn against
the United States, to be settled upon prop
er vouchers to be filed and passed upon by
the proper accounting officers of the treas
ury.''
Vermont makes claim for about 500, 500
under this statute.
BY the act of March 3, 1873, it is provid-
ed that all issues OF arms and other ord
nance stores made by the war department
to states between January /, 1861, and
April 9, 1866. under the aforesaid act of
| lSOS, and charged to the state, having been
made for the maintenance and preservation
of the Union and properly chargeable to
the United States, the secretary of war is
authorized upon proper showing by such
states of the faithful disposition of such
arms and stores, to credit to the states the
sums so charged to them.
Provided, that if he shall find that any
of such arms or stores have been sold or
otherwise misappied, he shall refuse credit
for such portion thereof, and the amount
thereof shall remain a charge against the
state, the same as if this act had not been
passed.
If it be held that the arms charged which
were sold and disposed of were improperly
sold, and were misapplied, then this act
has no application as to those, and no ad-
iusument can be made under it.
1t is true that the expression of Congress
implies that the selling of arms without the
authority of the government is a misappli-
cation, but the act declares that the issue
was made for the maintenance and preser-
vatiOn of the Union, and was properly
Chargeabe to the United States.
\ reasonable deduction is that the act of
1870 is without effect as to the question
now under consideration.
1t may properly be said, also, that the
act of March 3, 1873, does not apply to an
mliquidated claim in favor of a state aris-
ing out of a property charge which is sub
iect to equitable recOupments, in an unad-
justed transaction; and that statue has no
application in this case.
1t is manifest that ii the act which
placed Vermont in condition for defence
should be treated as a movement intended
to defeat or ward off attacks made upon the
United States by belligerent enemy, then
the claim that the general government
should furnish, and that it expected to pay
for the war supplies for such defence is not
an unreasonable one.
The auditor of the state says: at was
agreed by and between the president and
secretary of war of the one part and the
governor and quartermaster of the state of
the other part, that the state should raise a
division of militia and that the United
States should provide arms, ordnance stores,
camp and garrison equipage and other sup
plies to put such force i'm condition for SER
vice, if required for the defence of the
frontier
The official utterances of Cows. Smith
and Ormsbee, as hereinbefore quoted, are
practically, to the same effect. Gov
Smiths requisition of December calls fol
''camp and garrison equipage complete
and also uniforms, consisting of caps, coats
Lot. ats