The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-10-05
Bncerning the Collection of the Claim from
the United States.
EswERs ALL THE CHARGES CONCERNING IT
y At Length n.s'ory OF the Claim How It Was Established
why was Lett oncolected and How Finally Worked
the and Collected the Money that Belonged to Te.a

| ,,,s " .ne STATE Oh tue uneXpendei bal
ance on this account With these iavs
every well-posted pubEc man, esnccisl,y
" .he tgal profession. must be more or
| ,ess lamiliar. Since that time m. s,o4a
mas coilected from the Feaeral goyernmer,
over million dollars on various o,hpr acS
s1un's' III had, Tor long sine. heen mn.
uei sloou that repeated efforts had hes n
noif IL, through the proper authorities. 10
eoiieet ms particular claim. but wlthout
avail. By the time | reached the st,re ~
pupiic action 1t had diea out. Many ~
une ATTEST Lawyers lcug ago expressed ,ba
opiniou that the State had no right IN mis-
! uheNpended balance. In 1885 after Ibs
az Oh congress had passed. Senator rude
BENJAMIN OF Louisiana, afterwards tho
"..o' my general of the Confederacy. ex
I plessed the opinion in the Unito9 S,,tos
senate. in public debate. that 10 nona
vi inns fund did the State have the shadow
vi cialm Senator Rusk, who was al
/ ways regarded by his compatriots nc ono
vi the ablest lawyers of the State. in re
rponse TO Mr. Benjamin publicly an.
nouhceu that he agreed with him. Hsre
Us one OF the impediments that thwarted
- state in her subsequent efforts IN 60.
cure This money. Many other difficulties
stooa in her way, as facts recently brought
TO light demonstrate.
inat lifelong patriot, learned statist
ana honored Office holder. Hon. stephen
H. Darden, in criticisng this transaction
| anu oiiiinS 1t joke, also gives his opinion
VII H. lie was in the Legislature in 1896.
ana supported the bill accepting the nron-
osi,ion OF the congress to settle this old
eia'ln' lie was, thereafter. for nearly n
| illetithe, working for the State on a salary
part or the time as comptroller With ali
MS consummate ability ast1Ite sag,city un-
tagging industry, and unquesti0ned pntrl-
ntl,m' charged as he was by his oath TO
TOOK after the States finances, he did not
collect this money. He did not believe
mat the State had a right to it. In his
public letter of September "a on the sub
lect, he shows the current, prevalent opin-
ION as to who owned il. Speaking of what
was thought of it in 1856, when the bill was
PASSED, he said in that letter: 4 was a
member OF the house, favored the bill and
voted for It.. II was the construction GEN
erally placed upon the act by those voting
Tor and against 1t that neither the Federal
government nor the State of Texas could
ever be entitled to any part of the fund
thuS set apart to the creditors OF the Re-
public of Texas
He further exclaims that neither the
Federal government nor the State of Texas
had any valid claim to it, The opinion
Of this venerable, honorable, clear headed.
lifelong public servant always had weight
with his official associates. He was elected
comptroller in 1873, and held that office by
successive elections until 1880. Thereafter
at different periois until 1895, he occupied
one responsible position and another in
that office. What he believed, we adhered
to. Probably this opinion of his had much
to do with the many decades of sleep which
this moss covered Old claim has taken in
Times waste basket,
"Waiio engaged in other professional du-
ties and researches last year came to the
conclusion that these gentlemen were all
wrong in their opinion. and that the State,
by proper efforts. could recover THIS
money. / therefore thoroughly investigated
and brief6d the case. In all my professional
career | have never discovered a more in
terestng question, nor one that seemed
clearer 10 my own mind to have Deen
wrongly construed by bright lawyers as
this or any other country has produced.
submitted my conclusions to my partner,
who ! am proud to say is a fine lawyer.
He agreed with ne.
81 then laid the matter fully before Gov
ernor Culberson, expressing to him my
surprise. and the opinion tEat there was
not the least doubt that the State could
collect this monty He discussed it with
me and took the matter under advisement.
After the lapse OF a week or so | called
again to see him about it. He then told
me that he had lookei thoroughly into II,
and that in his opinion the State could not
recover it. This was in the ante-room OF
the executive office. AT my request he
sent for the attorney general, and laid the
matter fully before both OF them. Not only
this but | offered them the data and the
services | he'd up TO that time performed, |
free OF charge, and told them that the !
claim should be collected Neither Of these |
gentlemen seemt1 to have any confidence in |
the ability OF the State 10 make the coffee
ton. The governor was unalterable IN ms |
10 ..I fw. he
the attorney general that he agreed with |
the governor. This officer was very ousy
with heavy litigation on other lines. and II |
is but Just 10 say that the governor ninseii
was then much engrossed with other pup
lie affairs. After the governor repeatedly .
and finally told me that there was nothihg
in It and that it coull not be collected
then proposed to undertake the coiectioh az
my own expense for 20 per cent of what !
could recover. He readily agreed ID H. and
said that It was a good trade so far as the
State was concerned ! thought so then,
know il now. | told him to prepare Inc
contract and send 1t to me, he did so
within a few weeks thereafter.
81 then prepared an analysis OF the laws
on the subject and studied the case more
In the following December |
wen. 10 Washington prepared TO press the
demand before the court or the appropria-
ton committee, as should appear proper and
best under the circumstances. On golnS 10 |
the capitol | met and told Major Sayers'
who was the Texas representative on tne
committee. and therefore the
proper person for me to speak TO concern
ing Ii. that | had claim against the United
states government in favor Of Texas he
asked me what i, wss. | explained ~ 10
BIN. He expressed the conyletion that
hero was no.hiag in II. The mater
seemed TO be treated lightly by everybody
On my request Major Sayers went to tue
supreme cour. library with Ve, ana pa,
tIenil, examined the authorities and heara
me In the light OF my brief, whica hsn
snread out before him. ] must say 10
iustice 10 him, that never knew m9h 70
greater interest In an old qufslioa
nor to grasp more readily or with cieers,
any proposition than ne ni1
he ono involved in this claim. AFTER
haa presented my side Of tbs ease nc
looked M with astonshment. and laagnea'
while exclaiming that there wss nct tns
Iiphtes. doubt OF the correctness o. my /
,osi,iou. and that he believed after the
,nnroprlatIons committee should become
,eaua nted with the law and the facls sne!
would allow the claim without fuitne'
.T afterwer~i discussed the matter win
s.nator Ch4Iton. and asked him 10 ic,,s
Ter il should 1t reach the senate !"