The age-herald., 1900-03-05
THE BILL WILL
 PASS CONGRESS COL Hilary A. Herbert Talks of
 Cotton Claim Gases THE PRESIDENT WILL SIGN II Extends= 1t for Filing Claims Lss Cotton Siezed IT All . 2 R0vIDES FOR PAYMENT ! FoI. 9,ecretary ot the Navy is Very | Hopeful and Believes Measure Will Become a Law-Rep. resents Claimants
IT Al : : RowOEs FOR PAYMENT

Washington, March 5.-(Speciai) i)-For- mer Secretary of the Navy Hillary A. Her bert has given out an interview the cotton claim cases, in which Alabama is especially interested, for the payment of which bill is now pending in congress. In discussing the matter Colonel Herbert said:
 "Yes, my firm has a number of these claims, and of course I am following the progress of this legislation with interest. 1 think the probabilities are in favor of the passage of the bill. It has been report ed favorably in both the senate and the house The bill reported in the senate was introduced by Senator Davis of Minnesota, and has been reported from the senate committee on claims favorably by Senator Mason of illinois. phe bill in the house was introduced by Mr. Cooper of Texas, and has been favorably reported by MT. Henry of Mississippi. The two bills are identical except in this, that the senate bill gives one year within which to begin suit after the passage of the act, and the house bill gives two.
 '"The time seems to have come when some measure like this is demanded by public sentiment Tue bitter feeling between the two sections engendered by the civil war and the causes which led up to 1t has gradually passed away. Patriotic men in both houses of congress have been working together for the unification of the country for many years It came about at length that both houses of congress unanimously sustained MT. Cleveands Venezuelan mes sage. With like unanimity both houses voted $50, ,0O0, 900 to prepare for the war with Spain, and all men, north and south stood by our country in that war. President Mo- Kinley had glorious opportunity to work for unification, and he was wise and patri- otc enough to improve it. He appointed southerners and nortllerners alike into the army and navy of the United States dur ing the war with Spain, and he has been continuing that policy since. There is no doubt that he would be glad to sign bill like this, and cannot but think that con- gress will pass some such measure, either at this session or the next.
 The Seizure
 "A large amount of property was seized and sold by the agents of the government as captured and abandoned property un- der the acts of March 12 1863, and July 2, 1864, and other supplementary acts, the proceeds of which went into the treasury. Much of this property seized was cotton. Other property was also seized. Two years after the close of the were given in the act within which to bring suit for the proceeds of this property. At first s4 1o1J hot o,,J,, ,.-t,n o.,,II prove loyalty were entitled to recover in these cases. It was afterwards decided, however (Illein V. T. S. and other cases), that pardon by the president restored the rights of claimants to their property and that recovery might be had without. proof of loyalty
 ''In the meantime, however. many cases had been dismissed for want of proof of loyalty the court of claims holding that this proof was a jurisdictional fact, and many other claimants had filed their suits after the statute of limitation had expired
 "An act was also passed May IS, 1872. authorizing the secretary of the treasury to adiudicate some of these claims, pro- vided they were filed by the first of Mo- vember 1872 and under this act consid- erable sum of money was refunded to claimants Many cases, however, were rejected under this act for various rea- sons, many of them because it was alleged that the cotton claimed had been sold to the Confederacy and was therefore not the property of the claimants.
 "The supreme court has ileld that prop erty seized under the act of 63 and the supplementary acts, was not devested out of the owners, citizens could only lose their title to property by confscation pro- ceedings regularly conducted in courts of law It is therefore perfectly clear that the claimants of property seized, provided their title had never passed out of them to the Confederacy, are entitled to the money which is in the treasury. The bill proposes to give to claimants of cotton the right to sue in the court of claims.
 The Bill
 ''TEe house bill gives two and the senate bill ons year after the passage of the act. within which to sue in all cases of seizure. under color of the act of '63, whether here-' tofore adjudicated by the secretary of the treasury or under authority of any act