Evening journal., 1908-06-06
DELAWARE GETS
$S3,25O CLAIM
CcOntinued from First Pars,l

defense during that war Efforts were nexi
made to see II data could be- procured
which were In exact accordance with The
facts upon which a claim could be based
To- full reimbursement of the State. Care.
fui examination of the early records be.
ginning from the very establishment OF
the state and covering the period from
that time up TO and including the War
Of 1872 which records had TO be cone
through page by page, being unindexed
finally brought to light data upon which
a claim could be based that appeared alb
selutely without flaw and without oppor-
tunity for attack This data, however,
showed. claim by the State against the
Federal Government, which including all
possible elements. amounted to s91. .2s991.
statement of claim was thereupon
made for the last mentioned sum and a
BRIEF OF the facts with documentary and
other references attached was prepared
Appearing before the auditor for the War
Department, a formal withdrawal and
abandonment Of the claim as originally
hied by Mr.. Brobson was made and
was allowed. Immediately the new
Claim was filed and an examina.
ton thereof was requested. This new
claim was received with apparent in
credulity. It being stated maj II was
! lnconceiVable that the Agent of the
state, Mr.. Brobson, who filed the
States claim in 1895, so near the time
OF the war itself. should have had no
knowledge Of the great mass of facts
embodied in the new claim which was
liled; and should have made no claim;
hiinseli based thereon. or presented no
evidence to establish the same and vet
those Facts be possible Of establish
neht one hundred years almost after
the event itself out of which they
grew. Indeed. the Washington coun-
sell representing the State, at that time
had little faith in the success of the
new claim.
Upon tho matter being pressed. the
Auditor for the War Department
through his officers and clerks, inves
tlgated the new claim, however. with
great care, both through various OH
cials Of this State and through sources
IN Philadelphia, namely banks and
BUSINESS houses, the predecessors Of
which were involved in the facts ncc-
essary TO sustain the claim, and after
several months of examination. the
matter was finally taken up by the
auditor for Tie War Department AMI
his law board and afler argument ani
presentation OF briefs and further de-
lay, The whole ,laim was allowed with
the exception oi one item, the item dis
allowed being The sum Of sS03s Al, riak- !
ing the claim as allowed to the State
the sum of SIS 250.5O. The matter was
then' In dH course. certified and trans
rlitted to the Comptroller of the Treas
Try, Judge Tracewell, and was again
by the representatives of tire State
taken up before him. The Comptroller
Of the Treasury, however, affirmed the
hnding of the auditor for the War De-
partment and allowed the claim for
SS5'25O.SO. This final finding by the
comptroller of the Treasury. which oc-
Cured in April, was equivalent to
judgment against the United States, as
MS was the last tribunal to which the
matter could be taken The item dis.
allowed was one as to which the attor-
ney-general had grave doubts from the
beginning as being properly a matter
that could be contained in a statenen
of the States claim against the Fed
eral Government and the decision Of the
two departments through. which the
claim passed, is convincing Of the fact
that this item was properly disallowcd. |
The claim having been established b.
the decision Of the Comptroller of the
Treasury. nothing more remained than
that 1t should be included in the GEN
eral Deficiency Bill of Congress and
an appropriation made Of the sum Of
money necessary TO liquidate the claim. |
Ihis Of course was done by the pas |
sage OF the General Deficiency Bill at
the end of the last session of Congress /
ana, pursuant thereto, the treasurer Of |
the United States drew his warrants In |
favor OF the attorney-general for the |
amount of the claim as allowed.
Some Facts Disclosed.
Following are some OF the facts
which were disclosed and submitted TO
sustain the claim Of the State, viz:--
On the fifteenth day of April, 1912 |
the Secretary Of War Of the United /
states, ~ an official communication. |
informed Governor Joseph Haslett Of /
the State of Delaware, that the Presi- /
dent Of the United States had issued a |
call upon the executives Of the several /
states to take effectual measures to I
organize, arm and equip, and hold IN !
readiness to march at moments |
warning, their respective quotas OF |
100000 militia.
on the goth day Of May, 1912, Cow I
ernor Iaslett in q message to the Cen /
eral Assembly OF the State of Delaware, |
then In session, called the attention /
OF said General Assembly to the COM
which he had received from /
the Secretary OF War of the Unlted |
states and called upon the said Cen
etal Assembly TO pass an act, making |
an appropriation for the purpose of |
arming and equipping the militia for |
readiness to march upon notice. QIouse !
Journal Vol. 6. 1Si2-1S14, Page 4 Of the
session beginning May 10, 1912.
The said General Assembly, in corr
pliance with the governors message /
and the call OF the President of the
United States, on the 25rd day of May, \
1912, passed an act authorizing. inter
ALA, the State Treasurer Of Delaware
10 obtain upon loan from any of the
banks of the State any sum not ex.
ceeding S25,0O0.00. provided the same
could be obtained at a rate not ex-
cecding the usual bank discount allow
ed by law. for the purpose Of provid-
ing for the public defense; and fur
ther provided that IL such loan could |
not be obtained by the said State
Treasurer upon tho term aforesaid, the |
said state Treasurer was by said act |
TO dispose of so much OF
any of the securities Qunds) of the
State of Delaware as might be sufii-
cient to raise the said sum Of S25.000.00.
or so much thereof as should be nec-
nr.ssF for At Fsa.s