The times., 1899-04-09
NORTHERN LIBERTY
MARKET CLAIMANTS
Signatures to Be Affixed to
the Payroll Tomorrow.
List of the Beneficiaries and the
Amount Due to Each.
nesday-Work of the Audi
tcr's Ohice.

Pfonptly at 10 O'Clock tomorrow morn
ing Auditor ]. T. Petty. of the District
government, will open to those interested
the pay roll of the old Northern Liberty
Market claims, so that claimants may affix
their signatures preparatory to receiving
checks for the full amount of their al
lowances.
For several months the force of the
Auditors Office has at intervals been pre-
pairing the payroll, and the announcement
that they had completed their work was
made by Auditor Petty yesterday after
noon All arrangements have been made
fer payment of the claims on Wednesday,
when the Auditor will hand checks to all
who call tomorrow and sign their names.
The market claims have engrossed pub
lie and official attention for two decades
They grow out of the destruction OF the
market by the Board Of Public Works dur
ing the regime of Gov. Alexander r. Shep
herd, on the night of September 8, 1871.
The structure was pulled to the ground to
make way for street improvements, and
was part of the programme of Governor
Shepherd to lift Washington out of the
mud" and make 1t the most beautiful
capital in the world. The old market was
intersection OF New York and Massachu-
sets Avenues. In this place the spacious
public park known Mount Vernon
Square took form. Within few years the
proposed Carnegie Public Library will
have been erected in its stead.
VoIuminous Testimony Taken.
James G. Payne, Auditor for the Supreme
Court OF the District of Columbia, was
delegated to hear the claims. Volumes of
testimony was taken by him from the nu-
merous claimants and their witnesses He
completed his work last year. Prior to
that time he had made an allowance of 81
21666. in seven claims, which was paid in
drawback certificates to the following per-
sons: George Glorius. 1892 80; Arnold H.
F. Holster, 80; Tim ID. DAILY, 81 ,l32 80;
Theodore Barns. 81. 2.0s3.S5; Gustav E Rott,
395125; John ]. Lightfoot, s1.o41.66; Thorn
as G. Hoover, S1,04le6.
The exact amount of money TO be paid
out Wednesday is l25.34635. The amount
yet under consideration by Auditor Payne
and not placed on the payrolls Is $3, ,222. Is,
which would bring the total up to
s12s. s.57S.50, the amount of the Congress
eiolal appropriation
The aggregate amount of the claims was
s5e2,2l5. They were originally presented
under the act of January &c, 1897. Auditor
gross extravaganza of these demands, and
strenuously opposed their allowance. He
advocated an amendment 10 the act re-
stricting the possible awards to reasonable
limits. The amendment was adopted July
10, 1897, and in accordance with its pro-
visions he submitted his final audit last
fall
The report OF Auditor Payne. in addition
TO the seven claims enumerated above and
allowed in May, 1897 and seventy-three
allowed in November 1887, included all
the claims presented except those dismissed
by counsel for the petitioners and cases in
which, after full opportunity, claimants
failed TO complete their proofs.
Gratuituous Payment.
On account of the action of Governor
Shepherd and the Board of Public Works
in tearing down the market, claims were
soon rushed into the courts for damages
II was held that the District was not the
responsible party, but Governor Shepherd
The struggle continued for years, however
and Congress finally agreed to pay the
claims as a gratuity, and an act was passed
with that end in view January 26 1881
Only seven claims were paid under this act
1t was believed that many OF the claims
were exorbtant, and payment of them was
discontinued. resolution for that purpose
having been introduced in Congress.
Since that time Auditor Payne has gone
over the claims and reduced them to the
amount allowed by the last Congress, and
which viii be paid on Wednesday.
In connection with the proposed payment
OF allowances 1t should be stated that an
important legal point has arisen during the
past few days. The attorneys who have
been pushing the claims, IT Is understood
have stipulated that they should be paid
in some cases fees OF from So TO so p.r
cent Congress was aware of this fact, and
took steps to secure the money for the
claimants by inserting a provision in the
appropriation providing that in their pay
ment section 3417 Revised Statutes of the
United States. should be observed. That
section reads as follows:
"All transfers and assignments made of
any claim upon the United States or OF
any part or share thereof, or interest there
in, whether absolute or conditional, and
whatever may be the consideration therefor
and all powers of attorney, orders, or other
authorities for receiving payment of any
such claim, or any part or share thereof
shall be absolutely null and void unless
they are freely made and executed in the
presence OF at least two attesting wit
nesses, after the allowance of such a claim,
the ascertainment of the amount due and
the issuing Of warrant for the payment
thereof. Such transfers. assignments and
powers Of attorney must recite the warrant
for payment, and must be acknowledged by
the persons making them before an officer
having authority 10 take acknowledgements
of deeds. and shall be certified by the of
Scer; and 1t must appear by the certii-
cate that the officer, at the time of the
acknowledgment, read and fully explained
the transfer. assignment. or warrant of at
torney TO the person acknowledging the
same"
Attorneys May Take Action.
In accordance with the provisions OF the
statute. Auditor Petty decided TO pay the
checks in settlement of the claims only to
The parties in whose names they are is
sued. The statement is made that these
persons cannot be compelled 10 pay over to
their attorneys any part Of the funds paid
them. In view OF this condition, II is
stated that an attempt may be made to
insure the attorneys il question. and In