Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-05-13

act was wise and desirable in it
self. he should not in equity urge
that it be segregated and acted
upon separately. The organic act,
with its compromises, its balances,
its offsettings of equities. is an
integral whole; and when the time
comes to change it radically, the
substitute for it should also be
complete, rounded and balanced
in all its parts; and its trainers in
molding it should give to all the
equities of all the parties con-
cerned the same wise and fair con-
sideration that was given by the
statesmen of the last century in
their four years labor OF framing
the organic act and establishing
the half-and-half principle.
I. Any claim of the United State.
interest of the 3G5 bonds between 1875
and 1873 would. in view of the under
taking of the United states In 1874 TO
contribute prOportionately in payment
Of these bonds and the fixing of that
proportion in 1878 Mt one-haif. he only
for the surplus over one-haIf Of this
interest, thus advanced ny inc tnne0
states.
irrespective Of the conditions under
which IL was created. this claim. II
1t survived the bankruptcy settlement
Of the District to he met like other In
terext and sinking fund payments on
the bonded debt ms an expense OF the
District and paid rs such under the
half-and-hnIf provision of the organic
act. II through neglect of the nations
agents this claim was not collected in
full prior to 1878 it could only he col
Iected after that date ON the haif-and-
half principle az nm expense under the
organic act. Since 1873 the nation has
been under obligations to pay One-half
Of the interest and sinking fund on all
the Districts debts, including this
debt; and If the nation collects at all in
1913 1t can equttably collect from the
District only One-half of this debt, OF
1t must cont ribufc One-half to the pay
mcnt of the debt, which amounts to the
same thing.
.. Between 1874 and 1873 the District
was in the hands of national receivers
In bankruptcy. The District had been
rendered bankrupt by the failure Of
Uncle sam. debtor i'm many millions,
to meet his capital-making obligations.
In 1873 the affairs of this bankrupt
were settled by n compromise agree
Uncle SANS debt to the District was
discharged by these proceedings in
bank ruptcy. except ms carried over into
the agreement of 1878. and SO were all
the debts of the bankrupt capital. Any
claim of the United states for any
amount on this 1S.6-7S interest adj
vance account WAS thus Cancelled by
the equitable compromise bank
ruptcy settlement of 1878. 1t has been
treated as thus settled wiped out
by every Congress and every national
executive administration in the thirty
five years since 1878. 1t was treated as
thus settled by the Treasury Depart
ment in 1855, when the possibility of
making such n claim for the United
States was pointed out.
II direct legal proof of such cam
collation. and settlement he lacking
after the lapse of thirty-five years
tncie Sam, against whom the statute
Of limitations may not be pleaded by
hostile Htisant, should apply to him
self the spirit of the statute of hmi-
tatiOns and the equitable principle in
which II IL rooted. He should says
with control over the whole affair In
five years I have during the whole
period treated this claim ms disposed
of in some way In the compromise or
bankruptcy settlement Of 1878. ] will
not now, In common fairness, reverse
my position and demand from the Dis
trict taxpayers OF 1913 legal proof of
this settlement on penalty of a fine
OF million dollars If this proof IL
not forthcoming. There was proof
which was satisfactory to me in 1873
and Immediately thereafter, whether 1t
can he found after the lapse of thirty
five years or not. And while the statute
of limit atfOns cannot he pleaded against
me. ! will not, i'm a matter in which I
a claim against the beneficiary of my
trust, which would he barred by this
statute. If this claim was not formally
and specifically settled In 1878 1t was
all my fault. The statute of limita-
tons may not be pleaded against me,
but I Will plead 1t against myself not
to permit my ward to evade n con-
coded honest debt, but to spare my
ward the demand of legal proof Of a
thfrt y-fve-year-O fact which I have
treated as n fact during these thirty
five years.
3. If equity II not to prevail; If Uncle
Sam as ShylOck will have his pound of
flesh; If this claim is to be collected
over again after thirfy-five years be-
cause technical legal proof of it's set
Element in 1878 IL Mt this late date
lacking, then Shylock must himself be
held strictly to his bond and be baf-
fed in his turn by technicalitfes If
there IN my conceivable method of
accomplishing this result. In this
transaction Uncle Sam, mOnOpOlixfnR
all the roles. must play POrtia as well
as Shylock. Relying upon technlcali-
ties on the one hand, he must ON the
other hand plead technicalities against
himself. The conditions surrounding
this transaction show that the advances
OF which reimbursement Is sought
after thfrfy-five years were unlawfulIy
made by an agent of Uncle Sam. Re
endorsement in strict conformity with
the terms of the statute can be re-
CURED only in respect to advances
made In strict conformity with the
statute. And these advances were NOT
thus made.
4. If old claims and equities prior to
1878 are to he revived In favor Of the
nffed States, then they must Also in
c0nsistency and fairness. he revived In
favor of Washington. The old claim
OF the District against the nation which
reVives IL 1t WAS not merged in the
bankruptcy settlement of 1878 amounts
TO more than $4,000. 900, and the Dis
trfcts resurrected claim liz to that of
L ncle sam I6 to L..
/.
q. S. Claim Only Halt a Million.
President Grant in his sixth ds74 mes
sage discusses the DiStrict 3aht o,1 r-;,a-