IX^ 
 
64Tn Congress, | HOUSE 
 Id Session. I 
 
 OF REPRESENTATIVES. 
 
 Report 
 No. 1005. 
 
 RELIEF OF THE STATE OF KENTUCKY 
 
 July 21, 1916.— Committed to the Committee of the Whole House on the state of the 
 Union and ordered to be printed. 
 
 ;r. Stephens of Mississippi, from the Committee on Claims, sub- 
 mitted the following 
 
 REPORT. 
 
 [To accompany S. 2513.] 
 
 The Committee on Claims, to whom was referred the bill (S. 2543) 
 for the relief of the State of Kentucky, having considered the same, 
 report thereon with a recommendation that it do pass. 
 
 Senate Report No. 382, Sixt3"-fourth Congress, first session, 
 together with a memorandum submitted by C. C. Calhoun, agent 
 for the State of Kentucky; also cop}^ of an act, public No. 168, are 
 appended hereto and made a part of this report. 
 
 [Senate Report No. 3S2, Sixty-fourth Congress, first session.] 
 
 The Committee on Claims, to which was referred the bill (S. 2.543) for the relief of 
 the State of Kentucky under the act of July 8, 1898, and acts amendatory thereto, 
 ha vine had the bill under consideration, recommend that it do pass. 
 
 The piu-pose of the bill is to enable the State of Kentucky to obtain identically 
 the same relief which a majority of the other States have already received by pro- 
 \'iding for the consideration under the "'reimbursement acts," so called, of July 8, 
 1898 (30 Stat. L., 730), March 3, 1899 (30 Stat. L., 135G), and April 27, 1904 (33 Stat. 
 L., 312), of its claim, amounting to .SI, 400. 44, for expenses incurred in aiding the 
 United States to raise the Vohmteer Army fdr the War \Wth Spain, and which, because 
 of certain rulings of the accounting officers of the Treasin-y Department, was not filed 
 before the limitation expired, and was not disallowed before the amended act of 
 April 27, 1904, was passed, which provided for the consideration and allowance of 
 those claims only wliich had been filed by the States for expen.-^es incmred after 
 their respective Volunteers had been mustered into the United States service and 
 which had been disallowed, for the reason that such exjienses were incurred after 
 the Volunteers liad been mustered into the United States service. 
 
 The result has been that a majority of the States have been reimbursed for expen.ses 
 inciu'red by them after their soldiers were mustered into the United States service, 
 while the State of Kentucky has not been so reimbursed for identically the same 
 character of expenses, which were necessarily incm-red and paid by it, and the object 
 of the bill under consideration is to afford io the State of Kentucky, which has not 
 been thus reimbursed, exactly the same relief which ha^ been afforded to those which 
 have been reimbursed for identically the same kind of expenditures, made under 
 the same conditions and for the same purposes. 
 
2 BELIEF OF THE STATE OF KENTUCKY. 
 
 MEMORANDUM. 
 
 An examination of tliis bill (S. 2543) discloses its merits and the necessity for its 
 passage. Its purpose is to enable the State of Kentucky to obtain a consideration 
 under the "reimbursement acts" of Congress, so called, of July 8, 1898 (30 Stat. L., 730), 
 March 3, 1899 (30 Stat. L., 1356), and April 27, 1904 (33 Stat. L., 312), of its claim for 
 expenses incurred in aiding the United States to raise the Volunteer Army for the War 
 with Spain. 
 
 Certain of the States filed before the accounting officers of the Treasury Department 
 claims under said acts of July 8, 1898, and March 3, 1899, for expenses which had 
 been incurred after their respective volunteers had been mustered into the United 
 States ser\-ice. 
 These claims were of a like character as the present claim of the State of Kentucky. 
 In a decision dated May 15, 1900, the Comptroller of the Treasury Department, held 
 "that expenses incurred for supplies fiu-nished to troops after they were mustered into 
 United States service can not be reimbursed under the provisions of the acts above 
 mentioned" (6 Comp. Dec, 873). The above-mentioned acts referred to are those 
 of July 8, 1898, and .March 3, 1899, supra. 
 
 This was followed by the passage of the act of April 27, 1904, supra, which provided, 
 among other tilings, for the consideration and allowance of claims for stores furnished 
 or expenses incurred or transportation furnished after the troops had been mustered 
 into service of the United States, provided said claims had theretofore been filed and 
 disallowed. 
 
 Because of this prior decision by the Comptroller of the Treasury of May 15, 1900, 
 in which he held that claims for expenses incurred after the troops had been mustered 
 into the service were not allowable under said acts of July 8, 1898. and March 3, 1899, 
 the State of Kentucky did not go to the apparently useless trouble of filing its claim 
 for expenses incurred"after muster and getting it disallowed before the passage of said 
 act of April 27. 1904. , . , , , 
 
 Subsequent to the passage of tliis act of April 27, 1904, which provided for an allow- 
 ance of these after muster claims, Kentucky filed its claim which is covered by the bill 
 under consideration, but it was disallowed because the State had not gone to the 
 apparently useless trouble of having had it previously disallowed under acts wliich 
 had been decided not to apply to it. ... 
 
 In passing upon tliis claim of the State of Kentucky, in a manuscript decision, 
 dated October 26, 1905, the comptroller held as follows: 
 
 "The expenses for which reimbursement is claimed were incurred after the troops 
 were mustered into the United States service; the said claim had not been dij^allowed 
 prior to April 27, 1904, the date of the act authorizing the allowance of certain expendi- 
 tures incurred after muster; the relief as to said items afforded by said act extended 
 only to such as had theretofore been disallowed. * * * See, decision of this date 
 in the case of the State of Ohio." . , , 
 
 The following is the part of the decision dated October 26, 1905, on the claim of the 
 State of Ohio, which is referred to in the decision in the Kentucky case: 
 
 " Section 2 of the act of April 27, 1904, supra, specifically refers to claims on file at 
 the time of the passage of the act in the office of the Auditor for the War Department, 
 and theretofore disallowed. The language is clear and ex])licit. I do not think its 
 provisions can be extended to any claims not on file and disallowed at the time said 
 act became a law, April 27, 1904." ^ , ., . ^^ , ,, 
 
 A copy of said act of April 27. 1904, is filed here\nth, marked "Exhibit No. 1. 
 Private bills have been pa.ssed for a number of other States for similar clainis of 
 identically the same character as the one under consideration for the State of Ken- 
 tucky, among them being the act approved March 3. 1904, for the State of Iowa (^33 
 Stat.'L., 58),^ and for the State of Rhode Island, June 7, 1906 (34 Stat. L., 215). 
 
 At least two favorable reports have been made in the Senate on bills similar to the 
 one under consideration, except thev were of a general character, wherea.s the present 
 one is limited to the State of Kentucky. Copies of these reports. Senate No. 1052 
 Sixtieth Congress, secotid session, and Senate No. 1054, Sixty-first Congress, third 
 session, are filed herewith as "Exhibits 2 and 3." 
 
 It oimht to reiiuire no ar^uinent in support of this bill, which is intended to remove 
 this doubtless uuintentii.iial inc(iiialilv in the dealing of the Federal Government 
 with one of the States of llie liiioii in tlie settlement of its valid claims for identically 
 the same kind of expenditures, made under the same conditions and for the same pur- 
 poses, for wliicli rcimlxir.scmt'iil has been afforded to other States. 
 Uespeclfullv sul.mitte.l lliis 1th dav of February. 19115. 
 
 C. C. Caliuutn. 
 Aqcnl lor tin Stale of Kcniudy. 
 
 D. of D. 
 AUG 8-. 1916 
 
RELIEF OF THE STATE OF KEXTUCKV, 
 [Public — No. 16S.] 
 
 to amend an Act ent itled 'An act to reimburse the 
 by them in aiding the United States to 
 
 governors of States and Territories for ex|)eases incurred 
 
 thP TTniJin |i^i^g/^e'-n»ed states to raise and organize and supply and equip the \-olunteer Armv of 
 
 rnca 
 
 -^^. :^i^^ T° a?i"^d an act approved March third, eighteen himdred and^nmety^nine. entitled "An act 
 
 and I 
 
 -- — - - — —v«v^^ *^ i^iiv \^.-wioiAiA^ *Ya.i mill oP*^*" 
 
 eight," and so forth, and for other purposes. 
 
 Be it enacted hy the Senate and House of Representatives of the United States of Aweric 
 in Congress assembled, Tliat section six of tlie act of ( onVres.s ajiproved .Marcli tliird 
 eigJiteen hundred and ninety-nine, entitled "An act to amend an act entitled • \n 
 act to reimburse the governors of States and Territories for exjienses incurred by them 
 m aidins the United States to raise and organize and sui)i)Iv and equip the \'oiunteer 
 Army of the United States in the existing war with Spain," ai)proved Julv eighth 
 eighteen hundred and ninety-eight, and for otlier purposes," be, and tlie same is 
 hereby, amended by striking tlierefrom the words "nineteen liundred and two" and 
 inserting in lieu thereof the words "nineteen hundred and six," so that the same shall 
 read : 
 
 "Sec. 6. That all claims for reimbm-sement under this act or the act approved 
 July eighth, eighteen hundred and ninety-eight, shall be presented in itemized form 
 to tlie Treasury Department on or before January first, nineteen hundred and six 
 or be forever barred." ' ' 
 
 Sec 2. That where the governor of any State or Territorv lias furnished mililarv 
 transportation, or has purchased or authorized the purchase of supplies, or incurred 
 expenses for services rendered, and which purchases of suppliesaud expenses for mili- 
 tary transportation and services rendered have been certilied by the governor of such 
 State or Territory as necessary, just, and reasonable for the organization, maintenance, 
 transportation, and comfort of troops raised by him and accepted into the service of 
 tlie United States Army in the said war with Spain, the Secretary of the Treasm-y be, 
 and he is hereby, authorized to allow in the settlement of claims for reimbursement 
 now on file in the office of the Auditor for the War Department, such items or parts 
 thereof as have been disallowed in the consideration of said claims, for the reason that 
 they appear to have been for stores furnished or expenses incm-red or transportation 
 furnished after the troops raised had been mustered into the service of the United 
 States; and the certificate of the governor of such State or Territory that such expenses 
 were incurred in good faith, for the sole purpose of aiding tlie United States in the 
 raising, organization, transportation, and equipment of troops, shall be held to be 
 sufficient to authorize the final settlement and payment in full of such claims for re- 
 imbursement. 
 
 Approved, April 27, 1904. 
 
 o