The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-07-02

upon the public market, receiving therefor
par value the said bonds bearing stipulated
interest at the rate Of 6 per cent per
annum-
The State paid out OF its treasury for
interest alone. and a small additional
expense for the selling OF the bonds. as
tuily set forth and computed in the claim
Med by the State in the office OF the
Secretary Of the Treasury May II. 1881
the sum Of S452. 247S9- The State suffered
no discount O. loss in the sale OF these
bonds upon the public market
During the year 1866, the Third Auditor
OF the Treasury disallowed this claim Of
the State Of Ohio on the ground that:
1t Is the declared policy OF the United
States not to pay claims OF Ills character
unless provided for special contract or
special law II viii not be commended that
any express authority is contained in the
act of July p. 1851, TO reimburse the items
composing his installment, and under the
rule laid Do by the late Attorney General
that author y cannot be taken by mere
inference,
subsequently this report and finding OF
the Auditor was approved by the Second
Comptroller of the Treasury
The Claim of New York.
During The month of January, 1899. the
papers and vouchers relating to a claim
for interest paid on bonds made by the
State of New York against the United
States, then pending in the Treasury De-
psrtment, was by order Of the Secretary
OF the Treasury transmitted to the Court
OF Claims in accordance with the laws OF
the United States relating 20 the refer
ence OF claims 10 said court. This claim
was iientically the same in every essen
tial particular as the claim OF the State
of Chic. which had been disaliowed, as
heretofore shown. and was founded upon
the act Of July q. 1851, and resolution
approved March s. 1852 Upon due and
full hearing judgment was rendered IN
favor Of the State Of New York on July s.
1891
Both the United States and the State
Of New York appealed from the judgment
rendered by the Court Of Claims 10 the
Supreme Court OF the United States Sub
sequently this court OF last resort in opin-
ion rendered by full bench. during the
month Of December, 1895. gave judgment
IN full to the State of New York for her
claim as set up. and held that the act of
July "a 1861. and the resolution OF Con-
gress OF March s. 1862, created on the
part OF the United States an obligation
TO indeUlify the States for any costs,
charges. and expenses properly incurred
for the purpose expressed in the act OF
1861. the title OF which shows that its OBJ
jeet was to indemnify the States for ex-
penses incurred by them in the defence
OF the United States. This court also held
that the words costs, charges. and ex-
penses properly incurred included inter
est paid by the State of New York upoE
the money borrowed for the purpose OF
subsisting aud supplying its troops en-
ployed In suppTsssing the rebellion.
PennsyIvRnia's War Debt
Another bill Of this character was that
20 indemnify the State of Pennsylvania
for money expended for militia and other
purposes in 1854.
The origin Of this Indebtedness is fully
explained IN the special message OF Gov
ernor Curtin OF April 80 1864 from which
IL appears that when the militia. called
out by the Governor under the prOclama-
tion OF the President OF June 10 1853 were
disbanded the appropriation in the Treas
ury of the United States from which the
militia were paid had been exhausted. and
the Secretary OF War requested the Gov
ernor 10 borrow the money needed to
pay them for services rendered the United
States. assuring him az the time that he
would secure from Congress at the next
session the appropriation TO pay the par
ties from when the money was obtained
the expense occurred.
That upon the faith of this assurance
the Governor, with the sanction of the
Secretary of War, induced a committee of
bankers in Philadelphia, OF which Charles
H Rogers was chairman to borrow on
their personal credit the amount required
with the understanding that II the United
States failed 20 indemnify them, he would
ask the Legislature TO do so, and the mill
tia were paid by said committee in Au-
guest and September. 1863, from funds
thus obtained. the sum of S67l. 476. 43. the
vouchers for which we're forwarded to he
War Department for payment in Decem-
Der, 1863, through tie Ad1utant General OF
the State.
Congress failed TO make the appropria-
ton promised by the Secretary OF War
but the Legislature promptly responded to
the Governors request to redeem the
pledge that he had made. and the Roge s
committee were on September s, 1854 raid
by the State treasurer their account OF ex-
penses incurred in paying of the militia
in full to date, as follows:
For amount paid the militia in August
and September. 1853, S671, 476 as for in-
terest on the money borrowed to Ssp.em-
Der 5, 1864, 81. S90.71: for expenses. $52.47:
making a total of $7I34 1851
We think the people of these States
will see that the only way to get these
just claims settled is to give the Demo-
cratic party full control in Congress AT
any rate. 1t is one of the factors in the
campaign"