Every evening, Wilmington daily commercial., 1921-02-22
STATE MAY GET
Sl,500,000 FROM
j. s. GOVERNMENT
Amount Said to Have Been IL
legally Collected During
the Years 1866-7-8.
THE CLAIM SEEMS SOUND


s,an corresrondenoc Of Every Evening.
state House. Dover. Feb. %.
S,nator Alice. 10y unanimous con-
ssrt introduced I'm the Senate yester-
tav afternoon hill providing for the
rropoundinE and prosecution Of a claim
ia, aud in the name of the State OF
Delaware against the government of
tho United States OF America for the
recovery. undor the present laws of the
United states. or such ms may be here
after enacted. from said government
~ all moneys heretofore paid illegally
into the Federal treasury as a direct
tax uVon property situated In the State
~ Delaware. providing for the recovery
- same authorizing the governor OF
the state 10 employ counsel and enter
into the necessary contracts and agree
ments for the carrying out OF the OBJ
ect ~ the act. providing for notice TO
and procedure by claimants OF such
moneys and fixing a prescription period
after which such moneys shall escheat
to and become the absolute property
of the State of Delaware
Senator Alice also presented tho fol-
Io.viEg communication from former At
toruey General Robert II. Richards:
Claim Is Sound.
some recent investigation made by
ne based on some information that
ramc 70 my attention a short time aSo.
has convince me that the State OF
Delaware - a position TO make
claim against the United States, on be-
half of citizens OF the State OF Della
ware. for the reiundlng 70 the State of
about 81 500 600 Of direct taxes paid by
,ltixons Of this State TO the United
ha g a.
ent decision by the Supreme Court OF
the United States has convinced me
that il IS quite possible that the State
can successfully prosecute such
claim. The money recovered would.
~ course lie for the benefit OF the citi-
ems who paid the taxes. or their heirs.
louhtless IN many cases there would
oc iobody 20 prove claims on behalf
uf thc original taxpayers, and in this
connection the money would remain In
snc treasury OF the State and escheat
Ill Tho State
am enclosing herewith a bill that
have prepared authorizing the gov
ornor 20 prosecute such a claim and to
,mploy counsel for that purpose. The
governor can employ whenever he
pleAses.
4 have not mentioned the matter to
the governor. nor 20 any one else e1-
ccpt yourself.
Il think IL would be wise for the
legislature 70 pass this bill. as the
prosecution OF the claim. II unsuccess-
rul could no. cost the Stats anything
.nd ~ successful would result In the
recovsry OF q large sum OF money for
the eeneat OF the people OF the State
- . very small cost TO those who
would be benefited. 1t would be mani
testify impossible for each individual
cisisoca- or hts heirs. 70 be Iett OF pros
ecufe claims separately. Some OF the
clains would be very small. and per-
hap. ,he largest would not be enough
20 warrant action. bill such as I
enclose is the proper method OF acting
n such matters"
what the Bin Calls for.
Provisions Of the bill follow:
The governor Of the State s. directed
% PROFOUND 20 and against the govern
nent os the United States and 10 pros
eeute 20 collection a claim by and IN
he name OF the State OF Delaware for
all moneys heretofore paid illegally int
the Federal treasury as a direct tax
upon property situated IN the State ot
Delaware.
II the governor nnds tha. there is
providing FOR the payment OF such
funds into the treasury OF Delaware.
ne is directed 20 seek. IN such manner
as 70 him shall appear necessary and
proper. legislation az the hands OF the
Congress of the United States providing
FOR the payment Of such moneys into
the treasury OF Delaware.
such moneys, so collected anc paid
~ The government Of the United States.
shall b. paid into the treasury Of Della
ware less the commission for the COL
ectlou thereof. and shall be held by the
state o. Delaware for period OF five
wears in trust for the claimants OF /
such funds
The governor - authorized 70 employ /
counsel and 70 enter into the necessary /
contracts and agreements with such !
eounse! for the propounding and prose- /
-ution of such Claims and fixing the /
commission 20 10 allowed counsel. such |
commission 70 be contingent upon the
collection OF such moneys from the
United States and 70 be payable out Of
same and not 20 exceed 10 per cent
thereof. provided that the State shall
incur no cost or expense in tho pro-
rounding or prosecution ot such claim
other than such commission.
Upon receipt of such funds from the
United States by the treasurer Of Della
ware Il shall be his duty 10 give notice
20 ell claimants thereof by publication /
once each week for a period Of eight
successive weeks IN q newspaper pub
iphed in each of tho counties OF the
state, which notice shall set forth that
such moneys have been collected, and
shall notify all claimants Of same to |
propound their claims in writing by fill
ing same with the easurer Of Della
ware and shall warn all claimants and
persons interested therein that failure
80 70 file their claims within a period OF
TWO yeare from the date on which such
moneys were paid into the treasury of
Delaware shall forever bar their right
70 such funds or any part thereof and
mat ia default OF the fling OF such
q lains such funds shall escheat 10 and
become the absolute property OF Della
ware.
All such claimants OF such moneys
shall fle their claims III writing with
tho State treasurer on such forms as
shall be provided and shall submit their
proofs and evidence 70 a commission,
q bs known as the Direct Tax Com
which is hereby created and
shall be composed Of the governor. the
State treasurer and the auditor Of ac-
counts II such claims are approved
~ said commission, the auditor of ac-
counts shsll draw a warrant on the I