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, not has there been any assignment thereof. and the amount claimed is $210, 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 1st day of February, 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, Joseph Berry, was mustered into the military service of the United States December 11, 1861, as sergeant, Company H, Third Ohio Volunteer Cavalry. He reenlisted as a veteran volunteer January 4, 1864; was promoted to be second lieutenant to take effect from April 8, 1865, and was mustered out as such with his company August 4, 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 May 28, 1892, for the reason that claimant was not in commission 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 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. 3d Session. CONGRESSIONAL CASES DISMISSED. LETTER FROM THE CHIEF CLERK OF THE COURT OF CLAIMS, TRANSMITTING LIST OF CONGRESSIONAL CASES, REFERRED BY THE HOUSE OF REPRESENTATIVES DISMISSED ON THE PRELIMINARY QUESTION OF LOYALTY. MARCH 2 (calendar day, MARCH 3), 1915.-Referred to the Committee on War Claims and ordered to be printed. Hon. CHAMP CLARK, COURT OF CLAIMS, CLERK'S OFFICE, Speaker of the House of Representatives. DEAR SIR: Pursuant to the order of the court, I transmit herewith a list of congressional cases referred to this court by the House of Representatives, which cases were dismissed on the preliminary question of loyalty. Respectfully, SAML. A. PUTMAN, Chief Clerk Court of Claims. 63D CONGRESS, 3d Session. } HOUSE OF REPRESENTATIVES. (DOCUMENT { SEBRON L. LOWE ET AL. LETTER FROM THE CHIEF CLERK OF COURT OF CLAIMS TRANS- MARCH 2 (calendar day, MARCH 3), 1915.-Referred to the Committee on War Claims and ordered to be printed. Hon. CHAMP CLARK, COURT OF CLAIMS, CHIEF'S OFFICE, Speaker of the House of Representatives. Respectfully, SAML. A. PUTMAN, Court of Claims. Congressional, No. 16126. Sebron L. Lowe et al., heirs of Moses B. Lowe, deceased, s. The claimants herein claim to be children of Moses B. Lowe. At a former hearing of the matter of the taking of these properties a claim was filed on behalf of Mrs. Adaline J. Lowe as executrix, and it appearing that the property was taken from her, the court found that she was not loyal to the Government of the United States throughout the late Civil War and dismissed the claim under the Bowman Act. The claim now comes to the court on the part of certain heirs claiming that they were interested with their mother in the property. No proof has been adduced which shows to the satisfaction of the court that she did not have the title to the property at the time it was taken, and hence under the adjudication in this court her loyalty is involved, as the property was taken from her possession while she was executrix. The petition is therefore dismissed on the authority of the Newman case (21 C. Cls., 205). 3d Session. No. 1662. FRANCHISES GRANTED BY EXECUTIVE COUNCIL OF PORTO RICO. MESSAGE FROM THE PRESIDENT OF THE UNITED STATES, TRANSMITTING, AS REQUIRED BY SECTION 32 OF THE ACT OF CONGRESS APPROVED APRIL 12, 1900, ENTITLED "AN ACT TEMPORARILY TO PROVIDE REVENUES AND A CIVIL GOVERNMENT FOR PORTO RICO, AND FOR OTHER PURPOSES," CERTIFIED COPIES OF FRANCHISES GRANTED BY THE EXECUTIVE COUNCIL OF PORTO RICO. MARCH 2 (calendar day, MARCH 3), 1915.-Referred to the Committee on Insular Affairs and ordered to be printed. To the Senate and House of Representatives: As required by section 32 of the act of Congress approved April 12, 1900, entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," I transmit herewith certified copies of franchises granted by the Executive Council of Porto Rico, which are described in the accompanying letter from the Secretary of War transmitting them to me. THE WHITE HOUSE, March 3, 1915. The PRESIDENT: WOODROW WILSON. WAR DEPARTMENT, Washington, February 24, 1915. Pursuant to the provisions of section 32 of the act of Congress approved April 12, 1900, entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes" (31 Stat., 77), I have the honor to inclose herewith, for transmission to Congress, two certified copies of franchises granted by the Executive Council of Porto Rico, as follows: An ordinance granting a revocable permit to Jose Ramon Figueroa to take and use for domestic purposes one liter of water per second from the spring El Chorro, Aibonito. Approved by the governor October 16, 1914. An ordinance granting to Carmelo Rodriguez authority to use & portion of the seashore and maritime zone of San Juan Harbor in connection with a pier to be constructed by him at Catano. Approved by the governor November 24, 1914. An ordinance repealing an ordinance entitled "An ordinance granting to Vicente Usera y Seda, his heirs and assigns, the right to use for the irrigation of his lands in the Jauca Ward of the municipality of Santa Isabel 40 liters per second of the waters of the River Jueyes, in addition to the prior grant of 65 liters." Approved by the governor November 30, 1914. An ordinance authorizing Padron Hermanos to take and use for industrial purposes 25 liters of water per second from the Canas River. Approved by the governor February 5, 1915. Very respectfully, LINDLEY M. GARRISON, [AN ORDINANCE Granting a revocable permit to José Ramón Figueroa to take and use for domestic purposes 1 liter of water per second from the spring El Chorro, Aibonito.] Be it ordained and enacted by the Executive Council of Porto Rico: SECTION 1. That authority is hereby granted to José Ramón Figueroa, hereinafter called the grantee, to take and use 1 liter of water per second from the spring El Chorro, Aibonito, for domestic purposes. SEC. 2. That the said authorization to take water from the said spring as herein above provided is granted subject to prior rights of all persons, and also subject to any general system of irrigation, or any general plan for the utilization of the waters of the streams of Porto Rico that has been or may be hereafter authorized or established by law. The said authorization is also subject to any plan or system of water works which may be authorized for supplying the inhabitants of any municipality or town with water. SEC. 3. That plans drawn to scale, and complete specifications, in triplicate, showing the construction work proposed for taking the water from the said stream shall be submitted by the grantee to the commissioner of the interior for rejection, amendment, alteration, or approval by him. Construction work shall not be commenced until the commissioner of the interior shall have approved such plans and specifications. All construction work, including that necessary or proper for the diversion of the water, shall be performed strictly in accordance with the plans and specifications approved as aforesaid, and the work shall at all times be subject to the inspection and supervision of the commissioner of the interior and of such persons as may be authorized by him. SEC. 4. That the right is hereby expressly reserved to the Executive Council of Porto Rico, at any time to alter, amend, or revoke this permit; and the Executive Council shall be the sole judge of the |