The Montgomery advertiser., 1903-02-27
SOLDIERS MAY GET PAY
ALABAMIANs WHO SERVED IN
 SPANISH WAR.
Governor Jelks Plans for Necessary Legislation in Congress and Collection of Moneys from
 Government Treasury.

Government Treasury.
 There Is a good prospect that Alabama soldiers who served in the war with Spain may receive extra pay for an average of some three weeks.
 Among the visitors to the capitol yes terday was Ben Carter. formerly of Birmingham. now of Washington, D. C.. who. as stated in The Advertisers Wash ingt6n special of February, 24th. has in hand the collection of claims of several States against the United States, created by certain acts of Congress, for expenses insured in mobihzing and equipping their volunteer soldiers for the Spanish war.
 MT. Carter's purpose in coming to Montgomery is to consult Governor Jelks and AdJutant General Brandon about plans for the collection and disbursement under certain proposed legislation of Congress, of the moneys that may be recoverable to the State of Alabama.
 In answer to enquiries of a representa- tive of The Advertiser, MT. Carter gave this explanation of the law affecting these claims and; in particular. of the interests of this State in the subject:
 My connection with this business be- gan in November, 1901, when I was consulted in reference to the claims Of another State.. The time for filing the claims being limited by the acts of Son. gress to January l, 1902. the accounts Tn that case were hastily prepared and filed at the Treasury Department and in due time they were collected. While was engaged on these learned that claims had never been made on behalf Of Ala bama for some portions of the reim- bursement that had been due under these acts. and this fact I communicated to some of the Alabama members or Con- gress.
 "Correspondence followed between Gov ernor Jelks and the Adjutant General Of the State and me, in which I explained to them that before these accounts could be collected it would be necessary to get through act of Congress, an extension or the time for filing them; and at the Gov- ernor's request prepared bill under which the State could obtain its full due. This was introduced in the Senate by Senator Pettus, who has since given 1t the full benefit of his influence. After the Senator and had several times consulted the accounting officers of the treasury and the bill had been slightly amended to meet their views, 1t was brought to a parliamentary status where 1t has fair | chance to be passed the last or next to last day of the session as clause of one of the appropriation bills-the rules of Congress as regards forms of legislation, being not so strict as those of our State LeRislature. If the effort should fall at this session, however. 1t will be renewed | in the next Congress and no doubt with success.
 1.-The failure of the officials of this State, as of some others, to collect these moneys was due to rulings of the Comp | troller of the Treasury which were actu- | ally or apparently inharmonious. His | later decision on some points would have ] authorized the payment of some claims not before allowable, but these decisions were not and could not we'll have been known to the State officials until the ap. pointed time had expired.
 ''The chief item of Alabama's claim is the pay due from the State but for which | Congress undertook to make good to its soldiers from tho time of their enrolment at company or battalion rendezvous to 1 their formal acceptance into the service | of the United States.
 1 "One of the later decisions of the Comp troller Is to the effect that, the United States having already made direct pay ment to the troops for this same service, these awards to the States, covering the amounts due from them under their own statutes, do indeed yield double pay to the troops for the same service. but that this does not bar them from collecting the money; all that Is required is that, or collecting it. they shall apply 1t to this particular purpose.
 "Of course collection cannot be made from the United States by the soldiers themselves, the acts of Congress being for reimbursement of the States. The law officers of the Government and oi those States which have received wha was due them have held that the States should and must make application and l get the money. charging the fund itsell with the expense of so doing.
 If the desired legislation should be had this term of Congress the adjustmentl can be made in a few months, and ar engagements will then be made by whici to make disbursements to the soldiert from the office of the Adjutant- General o the State.
 The pending measure in Congress has had all possible support from the Alabama delegation. Besides Senator pettus, Con gressmen Underwood, Taylor and Bank head have had especial opportunity to as sist. Mr. Taylor, who Is on the Hous, Apr ropriations Committee, Is watching every chance that may admit the proposed clause to an appropriation bill and keel it tkere."
 A resolution is pending in the Legisla ture authorizing Governor Jelks to ap point and contract with an agent for ad Justment of this matter.
 MT, Carter will remain in Montgomer, until tonight, when he will leave for Sir mingham.