Milford chronicle., 1921-03-04
MAY GET $l,5OO,OOO
FROM OUR UNCLE SAM
AMOUNT SAID TO HAVE BEEN ILLEGALLY
COLLECTED FROM STATE DBRlNG
The YEARS 1S66-78.
THE CLAIM SEEMS SOUND
SENATOR ALLEE HAS INTRODUCED ABILL
PROVIDING FOR The PROPOUNDING
AND PROSECUTION OF CLAIM.

PROVIDING FOR The PROPOUNDING
AND PROSECUTION OF CLAIM.
Senator Alice, by unanimous con
sent, introduced in the Senate a bill
providing for the propounding and
prosecution of a claim by and fp the
name of the State of Delaware against
the government of the United States
of America for the recovery, under
the present laws of the United STAKES,
or such as may be hereafter enacted,
from said government of all mOnieS
heretofore paid illegally into the Fcd-
eral treasury as a direct taA upon
property situated in the State of Del
aware, providing for the recovery of
same, authorizing the governor of the
State to employ counsel and enter
into the necessary contracts and
agreements for the carrying out of
the obpect of the act, providing for
notice to and procedure by claimants
OF such monies and fixing a prescrip-
tion period after which such monies
shall escheat to and become the alb
solute property of the State of Della
ware.
Senator Alice also presented the
following communication from former
Attorney-General Robert H. Rich
ards:
Claim Is Sound
Some recent Investigations made
by me, based on some information
that came to my attention a short
time ago, has convinced me that the
State of Delaware is in a position to
make a claim against the United
States, on behalf of citizens of the
State of Delaware, for the refunding
to the State of about $1,500,000 of
direct taxes paid by citizens of this
State to the United States during the
year 1868. A recent decision by
the Supreme Court of the United !
States has convinced me that it is
quite possible that the State can sue
cessfully prosecute such a claim. The
money recovered would, of course, be |
for the benefit of the citizens who |
paid the taxes, or their heirs. Doubt |
less in many cases there would be no
body to prove claims on behalf of |
the original taxpayers, and in this
connection the money would remain
in the treasury of the State and es-
cheat to the State.
Il am enclosing herewith a bill that
have prepared, authorizing the gov
ernor to prosecute such a claim and
. employ counsel for that purpose.
The governor can employ whomever
he pleases.
Il have not mentioned the matter
20 the governor, nor to any one else
except yourself.
Il thin kit would be wise for the
legislature to pass this bill, as the
prosecution of the claim, if unsuccess-
ul, could not cost the State anything
md if successful would result in the
ecovery OF a large sum of money for !
he benefit of the people of the State !
It a very small cost to those who .,
would be benefited. 1t would be man
fesly impossible for each individual
itizen, or his heirs, to be left to pros !
cute claims separately. Some of the
la1ms would be very small, and per-
APPS the largest would not be enough )
o warrant action. A bill such as
nclose is the proper method of act
1g in such matters"
what the Bill Calls for Y
Provisions of the bill follow: v
The governor of the State is direct h
d to PROFOUND to and against the S
overnment of the United States and a
D prosecute to collection a claim by c
nd in the name of the State of Del r
ware for all monies heretofore paid
legally into the Federal treasury as
direct tax upon property situated in I
ne State of Delaware. a
If the Governor finds that there is Il
o Federal statute or law now exist a
lg providing for the payment of P
lch funds into the treasury of Del t.
ware, he is directed to seek, in such
anner as to him shall appear neces- y
Try and proper, legislation at the Z
ands of Congress of the United +
tates providing for the payment of {
ich monies into the treasury of Del Il
ware. A
Such monies, so collected and paid ~
Y the government of the United -
Eates, shall be paid into the treasury
Delaware, less the commission for N
lie collection thereof, nd shall be held r.
Z the State of Delaware for a period ir
tlve years in trust for the claimants W
such funds. II
The governor is authorized to en- is
oy counsel and to enter into the G
contracts and agreements II
it'll such counsel for the propound- II
g and prosecution of such claims
ID fixing the commission to be al
wed counsel, such commission to be ca
ntingent upon the collection of M
ch monies from the United States gs
ID to be payable out of same and OF
It to exceed ten per cent thereof, H
divided that the State shall incur by
cost or expense in the PROFOUND M
3 and prosecution of such claim Sc
her than such commission. ca
Upon receipt of such funds from =
e United States by the treasurer of
'laware it shall be his duty Ito give ar
tice to all claimants thereof by au
blication once each week for a per- ra
of eight weeks in a newspaper to
blished in each of the counties of tr
z State, which notice shall set forth on
1t such monies have been collected, go
d shall notify all claimants of same he
PROFOUND their claims in writing SUI
filing same with the treasurer of aW
laware and shall warn all claim m;
is and persons interested therein Di
It a failure so to file their claims pc
thin period of two years from the wa
e o nWhich such monies xvera 0o;d c1a