Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-05-10


under the Bowman act does not cover
destructive or damage OF property. but
ineluGes only claims for supplies or
stores taken for the use ef the Govern
ment. Tie Tucker act of 1887 permitted.
Congress 10 refer claims of any kind
except pensions to the Court of Claims
and also authorized the court to report
any facts bearing upon the question
whether the bar of any statute of linz
ifatior should be removed in favor Of
the claimant
fhe policy of Congress has been To
spread the payment of claims over a
series Of years rather than TO settle
promptly. The Court of Claims early
Laid down the rule applying 10 claims
of individuals that the pers II
from whom the property wa S
taken must have been loyal to the
United States Government throughout
the civil War TO be entitled to reeov-
erV and the Court Furthermore insist
ed that the property for which the
claim was made must have been ap-
propriated by proper authority TO tile
use OF the army and that only the val.
ne Of such property TO the Government
should be allowed. For example where
houses were torn down and trees feled
for purely military reasons nothing
Las been allowed. Where fruit trees
aud shade trees and fences were taken
the owner was allowed only for SO
much cordwood. Where building was
torn down and the material used, the
allowance was for SO much old brick
ard second hand lumber. Thus
bailding valued at $4,000 might be de-
stroyed and only $1,000 worth Of brick
used for making bake-oyens for the
troops be paid for. In the case OF
churches. lodges and eleemosy nary in
stitutions a more liberal rule was laid
down and the loss WAS adiudicated up
on the actual value OF the property at
the time Of it's destruction.
Where Claimant Had No Chance.
stringent as these rules were, they
were generous compared with the de-
ciaions of The Southern Claims Com
mission, which first passed upon Civil
War claims. Under the law and the
still narrower rulings of this commits
stcn nothing whatever was allowed for
rental of church or lodge property;
the commission held that a corporation
was not q citizen and therefore il could
not prosecute a claim before the
commission. Claims OF those who dur
ing the war were aliens could not be
presented to that commission, as it had
authority to inquire into the claims
only of persons who were citizens of
the inslrrectionary States and who
We're found loyal The commission held
also that claim presented by one who
had passed through bankruptcy must
be rejected. Notwithstanding that the
bankruptcy may have been caused by
an act of the Government troops. On
the subject of loyalty. the commission
held that not only must loyalty be
proved IN the person making the claim,
bat in the event OF his death every dis
tributee or heir or creditor entitled to
receive the money must be proved to
have been loyal.
Seceders Got Nothing at First.
The Government started out original
~ to allow war claims only in states
which had not seceded. The act of 1864
provided that the Court of Claims
should not have jurisdiction of claims
III the disIoyal states but that claims
OF loyal citizens of the states not in
rebellion might he presented to the
Quartermaster General or the Commits
sary General il for quartermaster's
stores or cominissary's supplies. AS
far as concerned claims for eommis-
sary supplies. this act was almost in
operative. for the Commissary General
refused to honor any claims unless they
were accompanied by official receipts to
the property or unless the property was
found to have been accounted for on
tae returns of some coinmissary officer
Such receipts and returns were few
and FAR between. hence few claims were
allowed. The act gave some relief to
claimants on account of auartermas-
ter's stores. for the Quartermaster Gem
erai appointed special agents to make
personal Investigations and they took
sworn statements of witnesses both for
and against the claim These investi-
cations were largely ex parte, however,
and although undoubtedly they saved
the Government much money. they
failed 10 do justice to many, legitimate
claimants.
II was not until 1871 that claimants
in the seeding states were given any
rights, Under an act of that year the
Southern CLAIMS Commission was es-
tablished, but Il characteristcaliy made
the path of the claimant as rough as
possible. Ths commissioners at first
refused to entertain any claim for
$4,000 or more unless the witnesses
came to Washington and testified in
person Later the commissions raised
the limit to $4,000 and Congress in 1872