Birmingham state herald., 1895-10-31
After the Sugar Bounty.

Congressman Myer of Louisiana and Col J. D. Hill, representatives of the su- gar planters executive committee, today made application to MT Baldwin, audi tor of the treasury department, for the confiseation of the claim of John H. Pharr for $4537 and of Cleophas Legarde for $4274, payable out of the $23S, ,000 su- gar bounty appropriation. Their object was to get the case before the comptrol1- CT and on his disallowance of the same to bring suit in the United States dis trict court of Louisiana having jurisdic- tion, and then by appeal to the supreme court of the United States to have the matter determined speedily. The claim ants say they have no control over the Oxnard case. which has been certified by the auditor and comptroller to the secretary of the treasury for transmits sion to the court of claims. The auditor holds that as one case has been certified to in the decision in the court of claims it would be against the practices of the officers to send another, but he would do so if requested by the comptroller. Comptroller Bowler Is out of the city at present, so what action he will take as to requiring the auditor in this case can not be stated.
 They also made application for the presentation of a claim of Andrew Gay for the sum of $8758 for bounty claimed on sugar produced between August 28, 1894 and June 30, 1895, for payment of which claims $5O00,00 was appropriated. The auditor refused to audit the claim for the reason that it was the only one of that class that had been received by him from the commissioner of revenue, and the circular of the secretary of the treas ury, dated June IS, 1895, directed that these claims be prorated and the $5,OOO,- 900 divided among all proved claims. The ella inns filed with the commissioner of in- ternal revenue are fifty-two in number and amunt to $6,111.5 .505 and only six have been examined by that officer. Un- til all are examined the auditor would not know what sum is to be paid.
 The section of the treasury regulations bearing on this subject reads: "No boun- ty will be paid on sugar produced in the period beginning August 2S, 1S94,and end ing June 30, 1885, until all claims for bounty thereon have been filed and ad- justed in the office of the commissioner of internal revenue. If the. sum appro- priated for that measure is not sufficient to pay bounty at the rate of S-10. of a cent per pound on the claims adjusted, the same will be prorated among the claimants entitled thereto"
 They also made application for the cer- tifcation of the claim of the realty con- pany. As this claim was presented to the fifth auditor and certified to the first comptroller prior to October l, 1894 the auditor for the treasury department is without jurisdiction. The effect of Aud- itor Baldwins action in all the cases in which application was made to him Is to leave all the sugar bounty cases in ex- actly the same position they were left by Comptroller Bowler. viz; That until the constitutionality of the act of congress ma king appropria ton for the payment of the sugar bounty shall be determined by competent judicial tribunal, he will refuse to certify the claims for payment.