Arizona silver belt., 1896-04-09
COSTS IN INDIAN CASES.

district court of Gila county. An order was made authorizing the withdrawa of the stubs and files in reference tC Indian claims from 1889 to 1894, in elusive, the same to be transmitted tc Washington in lieu of atfidavits whict can not now be obtained owing to [ number of the men who were officially connected with the cases being dead Another order was issued that, in al Indian trials hereafter, the bills o expense be filed in duplicate, and sep srate receipts be taken by the ClerR of the Board when payment IS made All claims in Indian cases will be paid by the county, in conformity with decision of Judge Rouse, the county to recover the amounts thus expended from the Federal government.
 It is our opinion that the Board Ii wrong in this matter, as the Supreme Court did not affirm the decision ot Judgo Rouse, but dismissed the case, on the application of Sheriff Thomp sons attorneys, because of error in the appeal. It settles the question of the liability of Gila county for costs il Indian trials only in the one claim oi Sheriff Thompson, otherwise leaving the entire question open. The Board has letters on file in the Clerks office, the perusal of which would have given them light on this subject and perhap' have altered their decision. We refer to a letter from Attorney General Olney, dated October 5, 1893, addressed to the First Auditor of the Treasury, quoting the act of March 3, 1889, winch reads: Thereafter the costs of the trial of the cases in the courts oi the several Territories, tried pursuant to an for offenses named, shall be audited by the accounting off cers of the treasury and paid ont oi money for similar expenses in the triaI of criminal cases in the courts of the United States"
 First Auditor of tue Treasury E. P. Baldwin, in a communication dated October IS, 1893, to Mark Smith, Delegate, with which is returned the account of Gila county for expenses incurred in the prosecution of Indians under the act of March 8, l8S5, and which account was presented for pay. ment under the act of March 8, 1889, says: "The act of March 8, 1889, section II, 25 Statutes at Large, page l004, provides that the costs in cases of this kind shall be audited by the accounting officers of the treasuary, paid out of moneys for similar ex- penses in the trial of criminal cases in the courts of the United States. IL follows from this provision that costs in these cases must be paid from the same appropriations to which such costs would be chargesble if the. prose- cutions had been conducted in the courts of the United States for violations of the United States laws" The First Auditor then directs that new accounts must be rendered and how they must be divided before the claim can be audited. '1n conclusion" he says, ''permit me to suggest that, beginning with the fiscal year, 1894, the county should not pay the costs for which the United States is liable, but that the officers performing service should pres ent their accounts to this office quar, terly, half yearly, or at the close of each fiscal year "
 This opinion is sustained by the fact that special act of Congress was deemed necessary to validate the claims of counties in Arizona for costs incurred in Indian cases, which was introduced and passed by Congress in the form of joint resolution, approved August G., 1894, which reads: Resolved, by the Senate and House of Representatives that the First Auditor and First Comptroller of the Treasury be, and they are hereby authorized to examine all claims which may be presented in proper form by the different counties of Arizona Territory, and to ascertain the amount due to each of said coun- ties on account of legal costs and ex- penses incurred from March 3, 1889, to June 80, 1893, in the prosecution of Indians under the act of March 8, 1885, for which the United States is liable under the act of March 3, 1889, and which have been paid by said counties; and the amounts so found due shall be certified by the Secretary of the Treasury to the Speaker of the House of Representative for deficiency appropriation"
 It will be noted that claims author. ized by this act to be paid cover only the period from March 8, 1889, toJune 30, 1893, and all claims of the counties for costs in Indian trials incurred sub. ecquent to June 80, 1893, will require