The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-02-04
Senate Committee Recommends
That 1t Be Refunded.
AN INTERESTING REPORT
ILLEGAL COLLECTION BY THE
GOVERNMENT.
Jim Bridger's Claim, On Account of
the Action of Johnston's Army, Is
Allowed-King Introduces a Gil
sonite B1l-Apostles Lyman and
Cowley at Washington.
lsnecial to Th. HeraIdN


nibus claims bill was favorably report
ed this afternoon from the senate COM
mittee on claims. 1t carries a total OF
about $40, 600, 900. There are several i'm
portant Utah items in it. The princi-
PAL one is the sum of s12,125 for the
refunding of revenue taxes illegally
collected in Utah The tax consisted
of levy of 10 per cent upon notes
used as circulation, and was assessed
by the commissioner of internal reve-
nue., ard collected by the collector of
internal revenue for the Utah district,
III 1878 and 1879.
In its report, the committee says:
THE assessments were, in fact, not
made on notes subject to the tax of 10
per cent under the statute. but upon or
ders to deliver merchandise at retail,
and we're illegal, as subsequently de-
cided by the supreme court of the Unit
ed States, in the case of HOLSTER VS..
lions Cooperative Mercantile lnstitu-
t,oc.
"Of the total collected, the amount of
$40 224 assessed against the Brigham
City Mercantile and Manufacturing as
scciation the amount of $12,OS1.SO, as
sessed against the Provo Manufactur-
ing company, were refunded; that is,
able to and did employ attorneys, were
enabled, through their efforts, TO en-
force the refunding of the moneys IL
legally eXacted, while the smaller con-
Germs, located mostly in remote country
towns, where legal assistance could not
be procured. failed to take the requl-
site steps within the limited time to en-
force collection of their claims. In such
cases the claimant is required to sue
n of
before suit can be brought. an appeal
must first be made to the commissioner,
and his decision obtained, unless such
decision IS delayed more than six
months. The claimants named in the
provision failed to get in their appeal
to the commissioner in time to enable
them to begin suit within the two years.
1t is submitted that as the larger sums
have been refunded, it is but just that
lected clearly did not belong TO the gov
eminent. The expense of making an
appeal to the commissioner at Wash
ington, and of commencing and prose-
cutting suit through the courts would,
in most of the cases. have exceeded the
amounts illegally exacted. Under the
circumstances, these parties were REM
ediless for the wrong perpetrated-"
JIM BRIDGER'S CLAIM.
The bill also carries $4,000 for the
heirs of James Bridger. The favorable
report says Bridger erected in western
Wyoming, in the year 1913, a trading
post which was known as Fort Bridger,
the premises enclosed embracing some
:. 1000 acres, with many improvements.
In 1857 the United States army, under
command of General Albert Sidney
Johnston, comprising what was known
as the Mormon expedition" took pos
session of this property, the govern
ment making a lease on il and agree
ing to pay a rental of $500 per year,
when Bridger should establish his title
to the land, the United States to have
the right of purchase at any time for
$4,000. Bridger claimed the title to
8 600 acres of land through a grant
from the Mexican governor of upper
California. the site of the post being
then Mexican territory; but. having
lost his papers, was unable to legally
his claim to the title.
Consequently he received nothing from
the government for the use of the
premises claimed by him, nor was the
property ever restored to him. He
claimed that if he had not surrendered
possession to the United States troops
he could have perfected title.
A GILSONITE BILL.
Representative King introduced a bill
this afternoon to open up the gilsonite
lands on the Uncompahgre reservation.
He also introduced a duplicate of the
Wolcott bill to provide for a new tenth
judicial circuit. His bill puts all the
mountain states in the new district,
just as Senator Wolcott's did, but his
draft differs from that of the senator
in that he locates the court in Salt
Lake, instead of Denver
TWO APOSTLES.
Apostles Lyman and Cowley arrived
from a trip through the southern states
this morning. They are the guests of
Representative King and will remain
here short time. From here they go
to New York, and a conference is to
be held in Brooklyn. Judge King will
accompany them to the metropolis.
UTAH POSTMASTERS.
The following Utah postmasters were
today: Assays, Garfield
county, w. r. Riggs, vice Anna A.
Barnhurst, removed.
Benjamin, Utah county, George A
Hone, vice David Hone, removed.
RockpOrt, Summit county, Joshua
Cousey, vice Henry Seaman, removed.
West Portage, Box Elder county, Jo-
seph E Gibbs, vice Charles T. Gibbs.
resigned.
An original pension of IS per month
is granted to Joseph B. McGonagle of
Ogden, Utah.