63D CONGRESS, HOUSE OF REPRESENTATIVES. (DOCUMENT 3d Session.

SALLIE PERDUE.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF SALLIE PERDUE, WIDOW OF GRANVILLE C. PERDUE, AGAINST THE UNITED STATES.

FEBRUARY 6, 1915.-Referred to the Committee on War Claims and ordered to be

printed.

Hon. CHAMP CLARK,

COURT OF CLAIMS, Washington, February 5, 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. 15833-180. Sallie Perdue, widow of Granville C. Perdue, 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 section 151 of the Judicial Code. The section of the bill which relates to this case reads as follows:

"That 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 $300, 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 and sixty-five, * Granville C. Perdue, * 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 Clinton, State of Kentucky, and that she is the widow of Granville C. Perdue, one of the proposed beneficiaries under said bill 23375, above set forth.

That said Granville C. Perdue was enrolled in the military service of the United States in the Eleventh Tennessee Cavalry, and was honorably discharged July 6, 1865, as lieutenant of Ninth Tennessee Cavalry, to which promoted.

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 Stats., 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."

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 he 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 decedent was not "in commission" on March 3, 1865, 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, and until he was honorably discharged.

That there is no set-off against this claim; nor has there been any assignment thereof, and the amount claimed is $160, 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 5th day of January, 1915. 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, Sallie Perdue, is a citizen of the United States, residing in Clinton County, Ky., and is the widow of Granville C. Perdue, deceased, and the only person before the court as a party to this proceeding. Said decedent left surviving him 11 children, all of whom are now living, namely: Fred Perdue, Nora Perdue Beck, Cleo Perdue, Maud Perdue Smith, Bertha Perdue Owens, Guy Perdue, Edna Perdue, and Jummie Perdue, living in the State of Kentucky; Abe Perdue, living at Trenton, Tex.; and Ima Perdue Conn and May Perdue Coleman, living at Bartlesville, Okla. II. Said Granville C. Perdue was enrolled and mustered into the service of the United States July 4, 1862, as sergeant, Company A, Eleventh Tennessee Cavalry, Volunteers. He was promoted to be first sergeant December 1, 1863, and was mustered out as such July 6, 1865, as of Company G, Ninth Tennessee Volunteer Cavalry to which he was transferred March 24, 1865. Under the provisions of the act of June 3, 1884, and amendatory acts, his record has been amended by the War Department to show him mustered into service as second lieutenant, Company G, Ninth Tennessee Cavalry, to date from June 3, 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 herein before 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 judgment of Congress.

Filed January 11, 1915.

A true copy.

Test this 5th day of February, 1915. [SEAL.]

BY THE COURT.

JOHN RANDOLPH, Assistant Clerk Court of Claims.

CONGRESS

RICHARD F. JACKS.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF RICHARD F. JACKS AGAINST THE UNITED STATES.

FEBRUARY 6, 1915.-Referred to the Committee on War Claims and ordered to be

printed.

Hon. CHAMP CLARK,

COURT OF CLAIMS,

Washington, D. C., February, 5, 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. 15833-124. Richard F. Jacks 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 section 151 of the Judicial Code. The section of the bill which relates to this case reads as follows:

"That 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 $300, 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 and sixty-five, namely,

* * *

Richard F. Jacks,

*

*

The claimant thereafter appeared in this court and filed a petition, in which it is alleged, in substance:

That he is a citizen of the United States, resident in the county of Marion, State of Indiana, and that he is one of the proposed beneficiaries under said bill 23375 above set forth.

That he was enrolled in the military service of the United States in the One hundred and fiftieth Indiana Volunteer Infantry, and was honorably discharged August 5, 1865, as second lieutenant.

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 Stats., 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."

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 he 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 he was not "in commission" on March 3, 1865, as required by 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, and until he was honorably discharged.

That there is no set-off against this claim; nor has there been any assignment thereof, and the amount claimed is $135, 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 5th day of January, 1915. 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 herein, Richard F. Jacks, was enrolled in the military service of the United States as private in Company C, One hundred and fiftieth Indiana Volunteer Infantry, on February 6, 1865. He was promoted to be second lieutenant March 11, 1865, and mustered out as such August 5, 1865.

II. A 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 presented to the accounting officers of the Treasury and disallowed on the ground that claimant was not a commissioned officer on March 3, 1865. Except as above stated the claim was never 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 equitable one against the United States, and any amount that may be appropriated in payment of the demand rests in the judgment of Congress.

Filed January 11, 1915.

A true copy.

Test this 5th day of February, 1915. [SEAL.]

BY THE COurt.

JOHN RANDOLPH, Assistant Clerk Court of Claims.

63D CONGRESS, HOUSE OF REPRESENTATIVES. (DOCUMENT 3d Session. No. 1569.

H. GRANT HOWARTH.

-LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF H. GRANT HOWARTH ET AL., HEIRS OF JONATHAN HOWARTH, DECEASED, AGAINST THE UNITED STATES.

FEBRUARY 6, 1915.-Referred to the Committee on War Claims and ordered to be

printed.

Hon. CHAMP CLARK,

COURT OF CLAIMS, Washington, February 5, 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. 15833-105. H. Grant Howarth et al., heirs of Jonathan Howarth, 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, House bill No. 23375 was referred to this court by resolution of the United States House of Representatives under the provisions of section 151 of the Judicial Code. The section of the bill which refers to this case reads as follows: "That 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 * * Jonathan Howarth, * * * "1 and sixty-five, namely: *

The claimant thereafter appeared in this court and filed a petition, in which it is alleged in substance:

That he is a citizen of the United States, resident in the county of Fulton, State of Georgia, and that he is a son and one of the heirs of Jonathan Howarth, one of the proposed beneficiaries under said bill (H. R. 23375) above set forth.

That said Jonathan Howarth was enrolled in the military service of the United States in the First Tennessee Cavalry, and was honorably discharged March 30, 1865, as first lieutenant.