Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-15
IOWA'S WAR CLAIM.

The Sioux City Tribune presents the
hopeful features of 1owa's war claim in
the subjoined statement:
When it Was first announced that
Captain ]. S. Lothrop of Sioux City.
formerly state senator, had compiled a
claim against the federal government
for interest paid on war bonds and for
expenses incurred in assuring war bonds
for the government to help fight the
unions battles, there was little hope
expressed that the claim of over Si55, 600
would prove successful. 1t was looked
upon as so antiquated that the govern
ment, always stickler for prophecies
in claims, would not allow it. But Cap
tain Lothrop was encouraged by the
success of other states which had come
to his notice, to believe the claim was
in part at least good and we'll worth his
time and the backing of the state. He
succeeded in getting the authority of
the state 70 present the claim, did 1t and
now there is small reason to doubt that
at least 900 will be allowed.
The point which WAS crucial was
whether the claim was stale" and
therefore barred by laches. Now right
here is a Very interesting point which
has been ruled upon by the federal court
of claims. Laches when urged in de-
Tense against claim or debt presup-;
poses that by reason of delay conditions
have SO changed that it may be consid-
cred that the claimant has surrendered
some of its rights, that the passing of
time has altered to a degree that equity
forbids consideration of the claim. In
the case of Iowa, the claim would be
considered outlawed because Uncle Sam
might have been able to pay at time of
maturity of claim but was not now in
position to do SO. Such was the way
that Captain Lothrop looked upon the
claim, and from the standpoint that I'm
Gle Sam is still able to do business on
business principles and pay all its debts,
old and new, he never lost heart. He
has been watching as cat watches for
a mouse for the ruling of the United
States court of claims on bills of Penn
sylvania Maine and New Hampshire
for interest on war bonds, identically
what Iowa wants reimbursement for.
The United States court of claims is
the advisory department. of the treasury
department. 1t is operated like judg-
ment court, but it's decisions are mere
ly used for guides to the payment of
claims. 1t is the oracle sitting behind
the secretary of the treasury. This
court of claims has just ruled on ques
tions submitted by the treasury depart
ment regarding claims of the states of
Maine and New Hampshire and on ev-
cry point the validity of the claims has
been established. Iowa claim will get
the benefit of this wisdom, and when 1t
comes to the desk OF the secretary he
will doubles rule in accordance with
the ruling for Maine and New Hamp-
shire, favorably. but cutting the total
claim down to the bare interest for the
period it was paid by the state without
reimbursement by Uncle Sam.
IA Des Moines item states that Attor-
ney General Mullan has received fur
Their information in regard to the atti-
tude of the court of claims toward the
old war claims of the state. indicating
that, at least a portion of the claims Of
the state OF Iowa presented to the gov
eminent some time ego Will be secured
without having the court of claims pass
upon them, but by direct action of the
auditing department Of the treasury
Ed