The record-union., 1896-06-01
by any departmental erroneous con-

py oily GTTOuGOuS Gull
struction thereof
Wherefore respectfully submit that
such solution is to be found by hav-
ing Congress declare, nunc pro tune,
In the form of a joint resolution, it's
meaning and the intent of said Act of
July -, 1861, and in so doing to adopt
form in harmony with the unanimous
decision of the United States Supreme
Court In the New York interest case
Q6O q. S. 590; full copy Of which is
printed in said report No. 1,64S herein
before referred to-and which report
is in harmony with this resolution, and
l further submit that both are in full
harmony with said decision of the
United States Supreme Court in said
New York case.
This joint resolution No. 1S5 recites:
First-A general declaration as to the
intention of Congress in and meaning
of said Act Of July 81 1861, which will
afford fixed rule whereby to guide
the Treasury Department in it's future
| administration of said Act.
Second-It recites sundry classes of
items of costs, charges and expenses,
which said Act is declared to include,
and the classes so named therein con-
stitute the exact and specific classes of
costs, charges and expenses" hereto
] fore disallowed by the Treasury De-
partment, but for the reason only that
the Treasury Department did not rec
ognize said classes of "costs, charges
and expenses" as included in said Act.
even although authorized by the Legis-
latures of the States to whose detri-
ment such disallowances. have been so
made, but which classes Of costs,
| charges and expenses" under the said
decision of the United States Supreme
Court IN the New York case are now
allowable, but cannot be settled, ad-
| justed and reported to Congress until
some supplemental legislation shall
have been duly enacted in these prem
| ises.
Third-Section of said resolution
| declares that said Act of July 27, 1861,
be extended to cities dixie New York;,
| to towns (as in New Hampshire) to
counties (as in Pennsylvania) which
incurred costs, charges and expenses,
| similar to those incurred by States and
for the same purposes as provided for
in said Act of July q, 1861.
| While Section of this resolution
may not be as obligatory upon Con-
gress to now adopt, as submit Section
L thereof is, yet all the same the equi-
| ties due cities, towns and counties
where conditions exist similar to those
existing in the cases of States provid-
| ed for In said Act of July 27, 1851, ap-
| peal in very strong terms to the fair
dealing and even-handed justice of
| Congress in all these premises.
| 1 therefore respectfully submit that
while the whole of said joint resolu-
ton No. 1S5 is entitled to the favora-
| BILE consideration of your honorable
committee at this time, yet there ought
not to be any valid reason why Section
l thereof should not be unanimously
concurred in by your honorable COM
mittee and by the House.
! also respectfully suggest that any
report which may be made by your
| honorable committee to the House on
this Joint Resolution No. 185, may have
| attached as an appendix thereto, a
| copy of said House Report No. 164S
| and for reasons as follows, to wit:
First-Because said Report No 164S
| pages 43 to 53) contains a full copy of
said decision Of the United States Su-
preme Court in the said New York State
case, wherein the cause of action
against the United States by said State
was to recover the amount of interest
actually paid by the State of New York
for the hire of the principal by her bor-
| rOwed to defray the costs, charges and
expenses" of said State to aid in the
defense of the United States, etc, "in-
terest" so paid being one of the classes
of items of costs, charges and ex-
penses" so disaHowed by the Treasury
Department under said Act of July 27,
1861, and which action on the part of
said department the United States Su-
preme Court declared was error, such
interest being now one of the classes OF
items provided for by this Resolution
No. 1S5.
| Second-Because said Report No
1G4S contains official tables (pages 40 to
43) of troops by States, which aided the
| United States during the War of the
Rebellion, and for which troops the said
States incurred said costs, charges and
expenses, under said Act of July 81
1861.
Third-Because said Report No. 164S
contains official Treasury settlements
tabulated by States pages SO to 39)
made by the Treasury Department with
the several States under said Act OF
July q, 1851, reciting what was allowed
and what rejected
| Fourth-Because said Report No. 1e4S
contains (pages 80 to 33j resume Of all
general lave enacted by Congress cog
nate to said Act Of July 27, 1861, and
said Act itself
Fffth-Because said Report No. 164e
contains (pages % to 800 copies of GER
tain reports heretofore made by COM
mittees in the House and Senate on a
similar subject matter
| Sixth-Because said Report No. 164S
contains (pages 1S to 2D a copy OF
Senate Document No. DOT, Fifty-fourth
Congress, first session, officially recit-
ing the classes of items Of "costs
charges and expenses rejected by the
| Treasury Department under said Act
ot July q, 1861, the amount thereof
and the States affected thereby; and
all of which this Resolution No. 1S-
seeks to adjust.
! Seventh-Because said Report No
164S contains (pages 10 to I'D official re-
citals made by the Treasury Depart
ment itself of the history of some of the
past contentious had therein between
the United States and several of the
States arising under said Act of July
p, 1861, and under the rules adopted
for the settlement of State Rebellion
War claims.
Eighth-Because said Report No
164S contains (pages to % a copy OF
said rules Of the Treasury Department
50 complained of by several of the
States, and because. as alleged by them
they are not in harmony with said Act
of I,1Iv o7 1891 and N +to ov+o,s +lo,