The record-union., 1892-03-12
INDIAN WAR CLAIMS.
Hoary With Age, They Continue to
Bob Up SereneIy.
Judge Catlin, However, Renders De
cision Which May Relegate
Them to obscurity.

General Layson in the Superior Court
yesterday, sis sustained by the Supreme
Court it will save the State nearly half a
million dollars"
The decision was in the case of Sawyer
VS.. State Controller Colgan, and came up
In the shape of "a petition for writ OF
mandate to the State Controller COM
manding him to draw his warrants upon
the State Treasurer for certain sums
claimed to be due petitioner upon GER
tain bond and upon certain detached
interest coupons of the same bond, and of
other coupons of which he is the owner
and holder. Judge Catlin's decision is as
follows:
The bond is numbered 42o, and Is for $500,
and was issued ON the 15th of July, 1854,
under an Act authorizing the Treasurer of the
State to issue bonds for the payment of the
expenses of certain expeditions against the
Indians, approved May 8, 1852. Statutes
1852, page 59,) II promises to pay the said
sum Of $500 on the 2d of May, 1862, ''pro-
Y1ded the same be not sooner paid from funds
anticipated in said Act to be derived from the
Government of the United States, with inter-
est at the rate Off per cent. per annum," ac-
cording to the tenor of interest coupons
thereto annexed.
Upon this bond there is claimed TO be due
the sum of S273 16, as the aggregate princi-
pal sum of the coupons belonging thereto,
S773 16, exclusive of legal interest on the
overdue coupons, as the amount claimed to
be due.
Petitioner is also the owner and holder of
nve coupons for $40 each, detached from
bonds for 81, 900 each, which fell due Janu-
ary i, 1868, and were issued under the same
ACT OF May 3, 1852, above mentioned.
Petitioner is also the owner and holder of
coupons amounting, exclusive of legal inter-
est claimed thereon, to the sum OF 81 800,
being interest coupons detached from six
several bonds for 81 900 each, issued under
the Act of February 15 1851 Statutes, 1851,
page 500, an Act authorizing a loan TO defray
the expenses in suppressing Indian hostili-
ties, etc.
These aggregate the sum of So, ,92S 16, due
as principal on the bond and the several cou-
pons.
Legal interest upon the coupons from the
time they severally fell due TO the time of the
demand for payment upon the 31st of March,
1881, is also claimed, amounting TO the sum
OF S9,541 Al, making the whole sum de-
manded S12, 464 60.
Petitioner on March 81, 1891, before the
ming OF the petition, presented to the Con-
troller the bond and coupon. and offered to
surrender them. He made separate demands
for the principal of the bonds and coupons
and for the principal and interest. Both were
refused. The Controller made no question of
petitioners title to the bonds and coupons at
the time.
At the trial it was stipulated that at the
time OF such demand there were in the general
tund 100000 in excess of appropriations
i ior the e, forty-second fiscal year It appeared
both inclusive, there was not III any year a
surplus in the general fund of the State Treas
ury IN excess OF appropriations for the cur
rent expenses and special appropriations for
particular purposes for that year.
The Act of 1851 authorized q loan of
100000 and the issuing of bonds not ex-
ceeding that amount, in sums of not less than
81, 900, with interest at ~ per cent per an
mum, payable semi-annually by coupons at
tached to each bond, but so as to be detached
therefrom.
The seventh section of this Act set apart
and pledged for the payment of said bonds
and coupons all claims which the State had or
might have upon the General Government
for moneys expended out of the loan for the
purposes of the Act, to wit: the suppression
OF Indian hostilities, together with all other
moneys in the treasury not otherwise appro-
priated, or so much thereof as may be neces-
Sary."
This Act was repealed by the Act of Nav g.
1852. The repeating clause, however, pro-
vided that "the repeal in no wise effects the
war bonds already issued under the provis-
ions of the Act so repealed"
The petitioner alleges that in the year 1851,
under this Act there were issued 200 of these
bonds for 81, 900 each with the coupons pro-
vided, and that he is the owner and holder of
unpaid detached coupons Of said bonds to the
amount, as above stated, of 81 500, particu-
larly designating each coupon.
The first section of the Act of Nav g. 1852
reads as follows: "a sum not exceeding
100000 is hereby appropriated and set
aside as an additional war fund, payable in
ten years out OF any moneys which may be
appropriated by Congress to defray the ex-
penses incurred by the State of California
(and interest thereon at the rate of per cent.
per annum) in the suppression of Indian hos
Utilities, or out of the proceeds of the sale of
any public lands which may be donated or
set aside by Congress for that purpose and
should no such appropriation or donation be
made, or if an amount sufficient should not
be appropriated or donated within said ten
years, then the bonds authorized to be issued
by this Act shall be good and valid claims
against the State and shall be paid out OF any
money in the treasury not otherwise appro-
priated, to pay the expenses of the expedi-
tions mentioned in this Act"
1t is plain that the aforementioned appro-
priation is made in the first instance out of
any moneys which may be appropriated by
Congress or out OF the proceeds of sales of any
public lands which may be donated by Con-
gress for the expenses OF suppressing Indian
hostilities incurred by the State. 1t Is also
plain that the recognition of the bonds as
'good and valid claims against the State ~
and the appropriation of moneys from the
State Treasury to pay such bonds, are made
conditional and dependent upon the failure of
Congress within ten years to make a suffici-
lands for the payment of the bonds.
1t must be remem bered that by the Federal
Constitution ii is the duty of the General
Government to defend the States from inva-
sion or insurrection, and that when, by rea-
son of imminence OF danger from either of
such causes, a State finds it necessary to de-
fend itself political obligation arises by
which the General Government becomes
bound 10 reimburse the State for the cost of
such defense. Nevertheless the State incurs
an obligation 10 pay him, whether the Gen
eral Government discharges, ignores or
neglects its obligation to the State. Acting
upon these rules the State, by the Act of $50
provided that if Congress did not within ten
years provide for the payment of the bonds
then II would pay them. 1t becomes neces-
sery, therefore, to inquire whether the conti-
tion mentioned did in fact occur, for the rec
ognition OF the bonds as good and valid
claims upon the State and the appropriation
''out of any moneys in the treasury, not other
wise appropriated, to pay the expenses of the
expeditions mentioned in this Act" as before
stated, depends wholly upon the condition
mentioned, namely, the failure of Congress 10
make the proper provisions mentioned in the
Act
gress upon the subject must be considered:
Act of August 8, 1854 (U. S. Stat. vol O.
page 5s3l, the ninth section Of which appro-
PIRATES S924,259 65 10 be paid into the State
Treasury. This Act provided that the Secre-
tary OF War examine into and ascertain the
amount Of expenses incurred and now actu-
ally paid by the State of California in the snp.
preston of Indian hostilities within said
State prior TO January 1, 1854, and that the
amount of such expenses so aseertained be
paid into the treasury OF said State; provided
that the sum so paid shall not exceed the sum
of S924,259 90, which amount is hereby ap-
propriated out OF any moneys in the treasury
not otherwise appropriated
Under this Act the Secretary of War re-
CURED that vouchers upon which the bonds
were issued should pe presented TO ana be
passed on by him before making payment.
The State acted upon this requirement of
Congress, and by an Act passed April g.
1856 claws of 1856, p. 2o6), appointed Com,
missioners to prosecute before the Secretary of
War the claims of the State. and TO furnish all
the documentary evidence and s.origjnaI
vouchers, or exhibits of any kind whatsoever
existing relative TO the creation and settle
ment of the Indebtedness incurred by the
State of California prior to the first dav of
January, 1854. in the suppression of Indian
hostilities Aforesaid, and 10 use the same for
the purpose OF prosecuting the claims afore-
Saidn
Following this, Congress passed the Act of
1S5G -r,1 u