Daily Kennebec journal., 1901-12-21
STATE HOUSE,
Opinion of Attorney General on
Spanish War Claims.
Governor Has Made 66O Appoint
ments to Office This Year.
AoVocaie OF Hunters License Advances Arcu.
ments in Favor OF Same.

Attorney General Geo NJ. Seiders
aiFes the following opinion in the case
oi state Of Maine VS. United States
Spanish War Claims:
me state of Maine at the COM
iuthcement and during the Spanish
war dlSbursed certain amounts of
h'uheF Tor the purpose of raising a VOL
! dhteef army in said war. These dis
! p"'SSmentS seem to cover the period
/ pi nme from the commencement to the
'l'st OF the war, and on application by
| the state Of Maine for reimbursement
| of SAID moneys by said State paid. the
| War department at Washington has al
lowed on said claims filed, the sum of
! SG3S.i@ and has disallowed the sum of
7''@'S.25. y check or draft for said sum
OF SG3S.43 has been forwarded to the
state of Maine for such part of the
claim as has been allowed by the de-
paltment.
And the question is. if the accent
| dnce Of this check Or draft will. under
Sec. s, Act of July 81. 1894. United
states Laws. operate - q bar to OBJ
tainin" a full revision of settlement"
The attorney general here recites the
1t will be seen. therefore. that the
acceptance of said check or draft in
settlement Of the items covered bv said
check or draft fully precludes the Oh
tanning Of a revision Of such settlement
as To such Items: but | do not under
stand thai il operates as Il bar to OBJ
tanning = revision as to the rejected
portion OF the account. The acting au-
ditor in his letter under cover Of Aug
II. 1901, To Maj. Gen. John r. Rich
ards. quoting from said act IF July 81.
1854, substantially states the rights Of
the parties.
| understand further from the pro-
visions cited, that as T. those items
which We're rejected ana disallowed.
the state of Maine has a right within
one year 10 obtain a revision of said
account by the comptroller of the
treasury. Hence. my Judgment is. that
II" acceptance # said check or draft
aLsplut -ly prccludes and bars any re-
vision of those items covered by said
chcrk or draft, although only por-
ton of the items should have been al
lowed rs appears by the provisions
cited. As TO the items ii the account
which have been wholly disalloWed, a
revision may be had by the comptroller.
Of the treasury within the period Of
one year; but his decision on such re-
vision shall be final and conclusive
upon the executive branch Of the gov
ernment only. / do not understand
that ii will be absolutely conclusive.
for instance, as against action in the
legal department should thu State of
Maine undertake To enforce its claim
in chat way. Immediate action. then.
should be taken on the acceptance of
tn check or draft for said sum Of
>t3S. l5 for Il revision Of the auditors
report as II those items which Were
wholly disalloWed. If tn" State de-
sires to maintain its rights before the
comptroller Of the treasury there
seems to be in the case presented as to
those items for which reimbursement
is not made. no suspension of the same
as provided in the sections referred To.
hut disallowance There seems also to
be another provision relating TO the
settlement of auditors. embodied in the
same provision referred to. which
reads:
Provided. that the secretary of the
treasury may. when in his judgment. !
thu. interests of the government require |
1t. suspend payment. and direct the |
examination of any account. rms /
clause seems to come largely on the |
government side Of the question, that |
*. whether or not il Will be for the |
interest of the government to suspend |
paymcnt and direct a re-eXamlnation. |
Doubtless little or nothing could be
accomplished under this provision. al |
though il may be well to bear it in |
mind For the purpose OF protecting |
the rights of the State of Maine fully, |
and to take no chances in the matter |
at all, would suggest that Maj. Gen.
John T. Richards write f. T. Seeds, |
acting auditor. submitting to him II 1t |
is substantially the understanding or |
fbe Law in said department"
Governor and Mrs. Hill have received |
cards from Rear Admiral and Mrs |
bradford requesting their presence al
ihe marriage Of their daughter Elise
IL The Rev. Edward Darlington John |
son. Wednesday, Jan. s. at st. Marks
Prof. o-Cathedral. Washington. Admiral
many warm iflenQS III I