University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 2-3-1898 Report of the Senate Committee on Claims. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation S. Rep. No. 544, 55th Cong., 2nd Sess. (1898) This Senate Report is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. / 55TH CONGRESS,} SENATE. f REPOR'.I.' 2d Session. ) No. 544. COLLATED CLAIMS. REPORT OF THE SENATE COMMITTEE ON CLAI~fS. [To accompany S. 3545.] RESULT OF INVESTIGATION UNDER THE GENERAL DEFICIENCY ACT OF THE FIRST SESSION OF THE FIFTY-FIFTH CONGRESS. FEBRUARY 3, 18!)8.-Reported by Mr. To1l er, from the Committee on Cla.ime, and ordered to be printed. WASHINGTON: GOVERNMENT 'PRINTING OFFIOE, 1898. SENATE COMMITTEE ON CLAIMS. H. M. TELLER, Chairman. F. E. WARREN. S. PASCO. W. M. STrnWART. T. S. MARTIN, W. V. ALLEN. A. s. CLAY. W. E. MASON. J. L. RAWLINS. C. W. E'AIRBANKS. J . L. MCLAURIN. 'l'nos. F. DAWSON, Clerk. C. G. NORTHUP, Assistant ClerJo. 2 REPORT OF SENATE COMMITTEE ON CLAIMS. UNDER GENERAL DEFICIENCY ACT OF THE FIRST SES· . SION FIFTY-FIFTH CONGRESS. During the first session of the present Congress tbe Senate Commit­ tee on Claims was instructed to prepare a general bill which should provide for the settlement of the meritorious claims before Congress. This direction was contained in a provision incorporated in the general • deti ciency appropriation act, and instructed the committee "to fully examine all the evidence in all cases of just claims that are now before them or that have been favorably reported and not finally disposed of, with the view of reporting the same to the Senate at the beginning of the next session of C011gress." In accordance with these instructions the committee has made tbe most thorough examination pos:--ible in tbe limited time allowed and with the meager appropriation made for the work, aud herewith reports two bills as the result of its labors. One of these is comparatively brief and provides for the reference of a number of claims before the committee to the Court of Ulaims. The other has been popularly desig­ nated an omnibus bill and is more extended, covering claims of wide range in subject as well as in amount. When the committee met last summer, at the close of the first session of this Congi:ess, to devise a plan of action it was decided to confine its investigations to claims which have received the approval of one House or the other of Congress or have been passed upon by the Court of Claims and which were then before the Committee by refer­ ence. This policy was adopted because it was believed that the limitation would be sufficiently broad to admit quite as many claims as Congress would be disposed to provide payment for in one act of legislation, and not because of any intention to declare against the justice of claims which have not received the sanction of either tbe Senate, the House, or the court. The greater number of claims which have received the attention of the committee are those known as "Bowman Act" claims and French spoliation claims, a large majority of which have passed the Senate repeatedly. With them Senators aJHl Members are presumably familiar. All the claims under both beadings have been passed upon by the Uourt of Claims, · and the allowance herein provided corresponds in each case to the findings of the court. It may be well to state that the Bowman Act claims allowed are in ·most instances for stores and supplies appropriated by the Army of the United States during the late war of the rebellion, but there are some cases in whfoh allowance has been made under this heading for occupation of real estate, destruction of property, etc., and which were allowed by the court under other statutes. In each case the court, passed upon the loyalty 8 4 COLLATED CLAIMS. of the cla.imants as well as upon the amount involved. The total allow­ ance under the Bowman Act and kindred laws amounts to $1,841,563.17 and on account of the spoliati~n claims ~o $1,0~3,117.~4_. ' Other subdivisions of the bill deal_w1th c_lau~~ ar1srng under con­ tracts with the Navy Department, claims of rnd1v1dual States growing out of their relation to the Union, under Treasury settlements, claims filed by colleges and churches for damages inflicted by the United States troops during the civil ~a.r, etc. Barring the claims of certam States, the most exte~s1ve_ al~owances are those made for additional pay under contracts for sh1pbmldmg made by the Navy Department. Many of these date back to the civil war, but others are of more recent origin. In each of these claims explana­ tions will be found under the proper beadings in this report, and they may be easily located by the use of the index. The total appropriation under this heading amounts to $792,500.62. The aggregate amount of the claims of Sta~es, where a direct appr?­ priation is asked, is $4,693,128.57. All of this sum except_ $2,0_19.57 1s for the refunding of money advanced by the States of Oahforma, Ore­ gon, and Nevada for the suppression of the rebellion, an~ the claim is of the same character as claims made by other States whJCh have been paid. Provision is made for the investigation by competent tribunals of the claims of Florida and Tennessee against the United States, and the counterclaims of the General Government against those States. Botli these contentions are of long standing. Provision is also made for the adjustment of claims of fifteen other States, amounting in the aggregate to $195,260.43, wnich are the results of expenditures made by the various States in equipping troops dur­ ing the war of the rebellion, the largest of these claims amounting to $36,665.02 and being presented on behalf of the State of Pennsylvania. In the e cases an official investigation is ordered and no appropriation i made. Accordingly the sum allowed is not counted in the total. Settlement is made, under the heading ''Miscellaneous," of quite a nulJl ber of claims which admit of no specific grouping. These claims are varied in character and cover an extended period of the nation's his­ tory. A large number of them grow out of the civil war, and in all uch cases the loyalty of the persons in whom the claim originated has been e tabli bed. A vast ma:jority of the claims ~llowed under this b adi11g have pa sed the Senate many times, and some of them have Pc ed the Ilouse, but they have all failed, through untoward circum- tance , to become Jaws. These claims are generally for comparatively mall amounts. The total for the entire number is $897 204.43. nd r thi grouping are included some allowances 'each of which cover a large number of individual claims. For inst~nce under the h adin~ of "Private dies," making provision for the r~firnding of mon y 111 gally co1lected, there are sixty individual claims while the aggr at um recommended is $153,526.37. A similar condition exists with refi ren_c~ to the Piute Indian claims and the claims of a large !)Umber of c1t1zcn~ of Utah. A number of Treasury settlements with rn nrance compame are also grouped under one heading and scheduled a among the mi cellaneous items. Provi, ion ha been made in the bill for the adjustment by the various Dep~rtmen~s and for ettlem~nt by the 'freasury of claims in which it wa 1mpo 1ble to make specific recommendations but in most of these ca e a maximum sum ha been named beyond 'which the allowance when ma~e can not go. The aggregate of the figures in cases thus dis­ po ed of 1s $130,359.74; but there are a few items in which no figure is named. COLLATED CLAIMS. 5 The totals under the various headings of the bill are as follows: Court of Claims cases ( mostly under the Bowman Act) . • • • • . • • • • . $1, 841, 563. 17 French spoliation claims............................................ 1,043,117.04 Under naval contracts .................•......... : . • . 792, 500. 62 On account of churches and schools . • . • . •• . 365, 974. 96 Claims of States ...............•............................••.... -- 4, 693, 128. 57 Miscellaneous claims................................................ 897,204.43 For adjustment and settlement (in part) . • . •. • . • . •. • . 130, 359. 74 Total .•••••••.•••••......•..•.•.....•............ ·... 9, 765, 823. 53 Some bills for t1Je reference of claims to the Court of Claims, which seemed to deserve especial consideration by reason of their long stand­ ing and the fact that they had been frequently passed upon by the Senate, were grouped, and are herewith reported in one bill, but separate from the principal or omnibus bill. It has been thought best, however, to have one report cover both bills, and accordingly the different items in the Claims bill will be found explained in their proper place in this report. The provisions of the bill relating to stores and supplies and those for the settlement of the French spoliation claims will be found attached to this report, and marked, respectively, Exhibits A and B.