Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1894-08-23

the state of Wisconsin has already
paid the sum Of $I,32G,G3SO7 between
June l, 1868, and July %, 1894.
The records In the secretary o. states
office further show that up TO date the
state Of Wisconsin has received from
the national government only the sum
! of 81 ,lS1 ,194.JS, so that the total costs,
i charges and expense incurred by said
j state Of Wisconsin and due TO thu"
/ state from the United States is as
| follows:
! interest upon state bonds
Interest upon state bonds s. 4l2,3I3O9
certificates Of indebted
ness. $3.50. '"f''-oo'pSV'
/ Discounts upon bonds sold 1926, 7093l
Balance still due the state
Of Wisconsin upon original
Indebtedness ..........2,9 800 DO 80
Total. ............ 81 ,91J, OOJ.77
On July y, 1861, congress passed IN
act providing that THE secretary OF
tho treasury be and Is hereby directed
out Of any moneys in the treasury not
otherwise appropriated to pay to the
governor of any state, or its duly au-
thorlzcd agents, the costs, charges and
/ expense properly incurred by said state
In enrolling, subsisting, clothing, sup.
plying, arming, equipping, paying and
transporting It's troops employed in
aiding In suppresslng the present in
surrcction against the United States,
to be settled upon proper vouchers to
bc filed and passed upon by the ac-
counting officers Of the treasury"
The United States has paid to the
state of Wisconsin no part whatever
of said $3.50, 0O5.77, which the state
has thus necessarily incurred as
costs, charges and expense" in enroll
Ing, subslstIng, clothing, supplying,
arIning, equlpping, paying and trans
porting the troops Of Wisconsin en-
ployed in aiding in supprcssng the in.
surrectlon against the United States
and which sum the United States, by
the act quoted, promised to pay the
state of Wisconsin and other states
that incurred similar costs, charges
and expense This amount is still due
from the United States to the state
Of Wisconsin, according to the records
In the secretary Of states Office, and
1t Is my Judgment that the state Of
Wisconsin can recover said sum, or
large part thereof, in Il proper action
instituted against the United States,
unless the same Is barred by the
statute of limitations.
In stating this matter II seems ap.
proprintc to me that should state the
reasons for this conclusion. They are
rs follows: The state OF New York
In 1861 and 1862 for the same purposes
aS above stated and under Ike
promises from the United States to re-
pay Incurred expenses and issued its
bonds, bearing interest This interest
was paid by the state of New York,
and on Feb. Z, 1850, 1t filed its claim
in the court Of claims of the United
States, 1t also appears that the state
OF New York borrowed from its canal
fund and issued It's certificates of in
dcbtcdncss In like manner ms the state
fund and ISSUED It's certificates rs
above indicated The canal fund OF
the state of New York Is Il trust fund.
The school fund of the state of Wis,
conSin Is also Il trust fund. As | am
informed, the certificates OF Indebted
ness issued by both states are of
similar character. In addition to the
interest paid upon its bonds the state
Of New York also lilcd Il claim for the
interest paid upon these certificates OF
Indebtedness This action brought by
the state of New York against the
United States has already been tried
In the court of claims of the United
States and that court has found that
the state OF New York was entitled
to all the interest which II paid upon
the bonds from 1861 to lSG2 The ma
lority of the judges of the court OF
claims held that II was NOT entitled to-
the interest which II has paid upon lbs
certificates of Indebtedness for moneys
borrowed from its canal fund, but the
minority Of the Judges held chat the
state of New York was entitled to the
full amount which II demanded. being
the interest paid upon It's bonds and
also the interest paid upon its ccrti
tiratcS of Indebtedness
am informed that the ease of the
state Of Now York against the United
States will within a few months he
arGucd IN the United States supreme
court. 1t is my Judgment that the de
cision of the majority of the court OF
claims will be fully sustained and 1t
Is not entirely clear that the supreme
court will not hold the United States
Liable to the state Of New York for the
i entire amount Of the claim made, In
the latter event the entire claim of
, the state OF Wisconsin can be recoy
cred. unless the state is defeated Tor
the following reasons The revised
statutes Of tho United States provide
that all claims must be brought In tho
court of claims within period Of six
years after they have accrued 1t is
n universally recognized proposition of
law, adhered to by the United States