Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-12-22

4, surviye,l tsc bankruptcy settfcmen.
OF 1873, survived rs mn ordinary us"'
80 th.. Dist rict to be met Ike etner IN
,.~rst a-,J sinking funj payments on
tt.. scnac,l debt AZ an expense of inc
District and paid as such unaer me
baif-and-h.if provision OF tne ofE"A.c
.cs ~ through neglect of the naton
a-c,ts this e.af.a Was not collected IN
full prior to 1873 ii could Oni! ne COT
lcetcd after that date ON the h"ii
half principle as an expense "naer N"
er-artr get. since 1878 the nation mas
been under obligations 10 pay One-haI
al th, interest and sinking FUND ON an
thr Districts debts, including tnis
debt: and III the milton coiiecfs at MI :"
1917; ii en- equisab'y collect from the
District OILY onc-kalf Of this debt; or
d u-us.t contribute oEe-aaif to the pay
aren't os the debt. " hich amounts 10 the
ssEs~ thing.
=. B.f,,ecn 1874 ANA 1879 the District
ur~ e, the hands eG national receivers
m bankruptcy The District mad been
rendered bankrupt by the failure OF
Incc sam, debtor in MANY miiIaons,
10 meet his capi:ai-makiEE obligations.
In f<.S the affairs of this bankrupt
were settled by compromise agree
rent affecting both past and future.
nclc SANS debt tn the District was
discharged by these proceedings IN
bankruptcy. except as carried over into
the agreement of 1873, and SO were all
the debts of the bankrupt capital. Any
cissiH of She United states Tor any
amount ON t.sis iS5G-sS interest ad-
v-rrc account WAS thus Cancelled by
the equitable compromise or bank
rg.sscs settlement of iSsS- Ii 0is been
frcatcd shu~ settled o. wiped our
Ia every Congress and every natfO'1i
executive administration IN the thirty
i've years siGrc 1873. u waS treated ns
shus settled BY the Treasury Depart
lncnt i'm 1886, when the. possibility of
making such claim for the nhted
states WAS poiated out.
III direct legal proof of such can
collation. and settlement be lacking
after the lapse of thirty-five years
nclc sam, against whom the statute
Of Limitations may not be pleaded by
a hostile Iitigant, should apply to him
self the spirit of the statute OF Hmi-
tstions and the equitable principle In
which ia is rooted. He should say:
with control over the whole affair In
N, own hands all the time for thirty
GV~ years . have during the whole
period treated this claim disposed
80 ip sse,,.r way IN the compromise or
h7rSr-ptcy settlement of 1873. VIII
in common fairness, reverse
fi.N pcstsiSn and demand from the Dis
tr,tt tax payers of 1913 legal proof OF
Of million doiiars if this proof is
nos forfhcomiag. There proof
which WA satisfactory 20 In 1873
and imme ,iiateIy thereafter, whether 1t
can be found after the lapse of thirty
live years or not. And while the statute
81 Limitations cannot be pleaded against
me- \ vii, not, In a matter in which
occupy the position of trustee, make
claim against the beneficiary of my
trust. which would be barred by this
statute. Ii this claim was mo-. formally y
and specifically. settled In 1878 Ii was
ssii nay faait. The statute OF Iimita-
Hons Iaay not hc pleaded against me.
but viii plead ia a-sirst myself not
to aerIE.t my 0a-d to cyadc :: con-
cedci ho=e>t debt, hut to spare my
wHrd the demand oil irGa. proof of 81
thfrf y-HNe-1ear-ctd fact which have
treated fast during fhcse thirty
i've years.
= N equity u not tn prevail. III Uncle
sam ~ Shylock viii have his pound of
flesh; IL tals claim il to- he collected
over again after thirty-ive years he
rausc technical legal proof of it's set
tienIrnt Ian 1878 IL at this late date
lacking. then ShSiock must himself he
hrid strictly To his bond and be baf-
Hca In his turn by technicaIfties III
there il any conceivable method of
accomplishing this result. In this
transaction neie Sam, mon0pOIizing
all the roles, must play Porfia well
a. >hNtock. Relying upOn technicali-
ties on the one hand. he must on the
other hand PLEAD technicaIities against
himself. The conditions surrounding
this transaction show Tint the advances
at which Embarrassment il sought
AFTER thirty five years were. unIawfulIs
made - an agent OF DcIc sam. Re
imhur>rDIcnt i'm strict conformity with
the terms eli the statute can he re-
Gusrci co.N ia respect To advances
made ~ strict conformity with the
statute and these advances were aof
thus made.
y. IL old claims and equities prIor To
~ are Ia he revived I'm favor of the
nted states. then they must also, In
e"nSistencH and fairness, he revived In
fns"r OF Washington. The old CHIN,
"i the District against the natiou v, hich
fesiNrs ~ 10 was not merged I'm the
onnar"ptcy settlement OF 1873 amounts
'" more than SI5,000,0Oe. and the Dis
Fe>"Trccted claim ~ to- that oi
n'lc sam 10 10 g.