APPROPRIATION FOR TRANSPORTING AND CARING FOR INTERNED MEXICAN SOLDIERS. LETTER FROM THE SECRETARY OF THE TREASURY, TRANSMITTING COPY OF COMMUNICATION OF THE SECRETARY OF WAR, SUBMITTING AN ESTIMATE OF DEFICIENCY IN THE APPROPRIATION FOR TRANSPORTING AND CARING FOR INTERNED MEXICAN SOLDIERS AND MILITARY REFUGEES, FOR THE FISCAL YEAR ENDING JUNE 30, 1915. JANUARY 26, 1915.-Referred to the Committee on Appropriations and ordered to be printed. TREASURY Department, OFFICE OF THE SECRETARY, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication of the Secretary of War, of the 21st instant, submitting an estimate of deficiency in the appropriation for transporting and caring for interned Mexican soldiers and military refugees, for the fiscal year ending June 30, 1915, $71,253.13. Respectfully, W. G. MCADOO, Secretary. WAR DEPARTMENT, Washington, January 21, 1915. SIR: I have the honor to forward herewith, for transmission to Congress, a deficiency estimate of an appropriation of $71,253.13 required for the service of the fiscal year 1915 for transporting and caring for interned Mexican soldiers and military refugees at Fort Wingate, N. Mex., and elsewhere. As explained in the note to the estimate, this deficiency is to cover clothing and transportation furnished the interned Mexican soldiers and military refugees and to provide for three interned Mexican officers during the remainder of the fiscal year who are now at Fort Wingate, N. Mex. All of the interned Mexican soldiers and military refugees held at Fort Wingate and elsewhere, except three at Fort Wingate, were released during the latter part of September, 1914, and furnished transportation to various points in the United States and on the Mexican border. The cost of clothing and transportation furnished these interned Mexican soldiers and military refugees exceeded the amount appropriated by $70,653.13. The additional $600 asked for is required to care for the three interned Mexican officers during the remainder of the fiscal year who are still being held at Fort Wingate, N. Mex. Very respectfully, LINDLEY M. GARRISON, The honorable the SECRETARY OF THE TREASURY. Estimates of appropriations required for the service of the fiscal year ending June 30, 1915, by the Quartermaster Corps, United States Army. Transporting and caring for interned Merican soldiers and military refugees— NOTE. This deficiency is to cover clothing and transportation furnished the interned Mexican soldiers and military refugees who were interned at Fort Wingate, N. Mex., and elsewhere, and to provide for three interned Mexican officers during the remainder of the fiscal year who are now at Fort Wingate, N. Mex. All of the interned Mexican soldiers and military refugees held at Fort Wingate, N. Mex., and elsewhere, except three at Fort Wingate, N. Mex., were released during the latter part of September, 1914, by order of the Secretary of War, and furnished transportation to various points in the United States and on the Mexican border. The cost of clothing and transportation furnished these interned Mexican soldiers and military refugees exceeded the amount appropriated by $70,653.13. The additional 8600 asked for is required to care for the three interned Mexican officers during the remainder of the fiscal year who are still being held at Fort Wingate, N. Mex. J. B. ALESHIRE, $71,253. 13 $170,000.00 " 3d Session. No. 1524. EMMA L. CONGER. LETTER FROM THE ASSISTANT CLERK OF COURT OF CLAIMS TRANSMITTING FINDINGS OF FACT AND CONCLUSIONS IN THE CASE OF EMMA L. CONGER, REMARRIED WIDOW OF PETER J. HOWE. JANUARY 27, 1915.-Referred to the Committee on War Claims and ordered to be printed. Hon. CHAMP CLARK, COURT OF CLAIMS, Washington, January 26, 1915. Speaker of the House of Representatives. SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact and conclusion in the aforesaid cause, which case was referred to this court by the House of Representatives under the act of March 3, 1911, known as the Judicial Code. I am, very respectfully, yours, JOHN RANDOLPH, Assistant Clerk Court of Claims. [Court of Claims. Congressional, No. 15833-117. Emma L. Conger, widow (remarried) of Peter J. Howe, deceased, v. The United States.] STATEMENT OF CASE. This is a claim for three months' extra pay for military service during the late Civil War. On June 22, 1912, H. R. bill 23375 was referred to this court by resolution of the United States House of Representatives under the provisions of the Judicial Code. The section of the bill which relates to this case reads as follows: The Secretary of the Treasury be, and he is hereby, authorized and directed, out of any money in the Treasury not otherwise appropriated, to pay to each of the persons hereinafter in this section named, or, if deceased, to the party entitled thereto, the sum of three hundred dollars, or so much thereof as may be necessary, being for three months' pay proper of the grade held by each of them when honorably discharged from the Volunteer service of the United States after March third, eighteen hundred * * Peter J. Howe, and sixty-five, namely: * * * The claimant thereafter appeared in this court and filed a petition, in which it is alleged, in substance: That she is a citizen of the United States, resident in the county of Ottawa, State of Michigan, and that she is the widow (remarried) of Peter J. Howe, one of the proposed beneficiaries under said bill 23375, above set forth. That said Peter J. Howe was enrolled in the military service of the United States in the Forty-eighth Indiana Volunteer Infantry, and was honorably discharged as first lieutenant July 15, 1865. That the act of March 3, 1865 (13 Stats., 497), provides: "SEC. 4. That all officers of Volunteers now in commission, below the rank of brigadier general, who shall continue in the military service to the close of the war, shall be entitled to receive, upon being mustered out of said service, three months' pay proper.' That by the act of July 13, 1866 (14 Sts., 94), it was declared that this act should be "so construed as to entitle to the three months' pay proper, provided for therein, all officers of Volunteers below the rank of brigadier general who were in service on the third day of March, eighteen hundred and sixty-five, and whose resignations were presented and accepted, or who were mustered out at their own request, or otherwise honorably discharged from the service after the ninth day of April, eighteen hundred and sixty-five." That by act of July 3, 1884 (23 Stats., 66), the law was further extended- "to entitle to the three months' pay provided for therein the heirs or legal representatives of all officers of Volunteers specified therein who were killed or who died in the service between the third day of March and the tenth day of April, eighteen hundred and sixty-five.' 27 That a claim for the benefits of this law was duly presented to the accounting officers of the Treasury and was disallowed upon the ground that it was not embraced within the terms of the act of March 3, 1865, as amended. That feeling that she was equitably entitled to the amount claimed, application was made to Congress for special relief by means of the bill aforesaid. And that petitioner contends that the bounty of three months' pay proper is equitably due for the reason that while said decedent was not in commission on March 3, 1865, as required by the act of that date, he was then in service as required by the act of July 13, 1866, and the Government received the benefit of his services until after April 9, 1865. That there is no set-off against this claim; nor has there been any assignment thereof, and the amount claimed is $150, being three months' pay proper of the grade held at the date of said discharge. The case was brought to a hearing on its merits on the 9th day of December, 1914. C. D. Pennebaker, Esq., appeared for the claimant, and the Attorney General, by B. W. Andrews, Esq., his assistant and under his direction, appeared for the defense and protection of the interests of the United States. The court, upon the evidence and after considering the briefs and arguments of counsel on both sides, makes the following FINDINGS OF FACT. I. The claimant, Emma L. Conger, is a citizen of the United States residing at Grand Haven, Mich., and is the widow (remarried) of Peter J. Howe, deceased, and the only person before the court as a party to this proceeding. Said decedent left surviving him one son, Frank Sherman Howe, now residing at Bakersfield, Cal., and seven grandchildren, all of whom are minors. II. Said Peter J. Howe was enrolled in the military service of the United States and was mustered in as a private December 16, 1861, in Company B, Forty-eighth Indiana Volunteer Infantry. He reenlisted as a veteran volunteer January 1, 1864; was promoted to be first lieutenant May 20, 1865, and mustered out as such with his company July 15, 1865. The War Department has declined to recognize, under existing law, claimant's decedent as a first lieutenant prior to May 20, 1865. III. No claim for three months' extra pay proper under the act of March 3, 1865 (13 Stats.. 497), as amended by the act of July 13, 1866 (14 Stats., 94), was ever presented to any officer or department of the Government prior to the presentation to Congress and reference to this court as hereinbefore set forth. CONCLUSION. Upon the foregoing findings of fact the court concludes that the claim herein is neither a legal nor an equitable one against the United States and any amount that may be appropriated in payment of the demand rests in the bounty of Congress. |