| Richmond June 3, 1863 |
| |
| Hon. J. A. Seddon |
| Secty of War |
| |
| In the case of the claim of the Ala. &
Fla. RR Co. {of Florida} for iron seized -- the Secretary of War required the
Auditor to receive testimony showing the value of iron at the time of
seizure of road by Government in May 1862. |
| The Auditor has thought proper to fix the
value at $100 per ton -- the rate paid by the Government of Geo. for
iron seized in April 1862. |
| The evidence of J. R. Anderson & Co.
-- which the undersigned thinks should have been considered conclusive
-- fortified as it was by certificates of Gentlemen of Character &
experience -- stated that while $120 per ton might be considered the
value at that time, taking their iron charges from government work as
the criterion & from $125 to 150 dollars per ton should not be
considered excessive. |
| The iron was seized from the road in May
1862. |
| The road having been taken up ????? the
resources of the Company for meeting interest on its bond indebtedness,
and keeping up its organization as a corporation, were in a great
measure taken away. |
| There has been no must of diligence on the
part of the Company, in endeavoring to obtain a settlement of this
claim. |
| At the second interview with the Secretary
of War, the undersigned understood the Secretary to concede interest
should be accrued from the time the iron was taken into the possession
of the Government by the seizure of the road. |
| The undersigned hopes 8 per cent interest
will be allowed, as he finds that the rate which Congress required
should be given on Bonds, issued to the State of Alabama on account of
purchases of Steamer Florida, by act approved April 22, 1863. |
| Respectfully Submitted |
| O. M. Avery |
| Prest &c {President,
Alabama & Florida RR (of Florida)} |
| |
| {File data on reverse} Claims |
| Ala. & Fla. RR Company |
| Received June 4, 1863 |
| O. M. Avery |
| President |
| |
| {Endorsements} |
| The ancient law
ruaxion "Uaela resusm occorit reg" has been the
settled principle of all governments and has been repeatedly so
decided. |
| To this germane principle the only exceptions that is ??? of are when it is by
contract, or where the claimant has been compelled to pay ??? the
benefits of the government, to ??? a state is compelled to receive
money on Int. to suppress hostilities &c. |
| The auditor does not
decide cases but only repeats this to the Comptroller. Judge
Taney decides all the comptroller's decisions conclusive upon the ???
sepoutment and cannot be interfered with ex?? on appeal of the
party to the Judiciary or Congress. |
| Sexius Cem?? |
| Comptroller |
| |
| As the claims for
damages has to be presented to Congress the claims for interest may
also be presented at the same time. |
| SC |
| Comptroller |
| |
| It seems to me that
the just principle in regard to interest is, that while the debt is an
unligor?? over interest should be charged at the rate the government
??? to lorning interest. That is to say 8 per ct while that was the
rate the government allowed ??? for it while the govt allows that.
When the debt is ??? dented and Bonds are issued the interest of
course is definitely settled by the stipulation of the Bond. I do not
see any sufficient reason to change that and ??? occasion about the
matter of the iron at the time of seizure. |
| 2d Auditor J.
E. B. |