The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-12-21

MORNING, DECEMB BER
COURT or cLAIMs-oPINIoN or CHIEF JUSTICE
GtLCHRlST IN THE CASE OF SAMUEL +, TODD
~. UNITED STATES.
The following opinion delivered by Chief Justice Gil
christ on Tuesday, In the Of Samuel p Todd the
United States
To he Court of Claims
The petition OF Samuel r. Todd parser in the navy the
United States, respectfully represents:
That during tho time lie SUCH he received
between the years 1872 and 1875 from Washington,
tain amount Of money in treasury notes be used ia
King payments of the officers and others Of the
navy a the United States for pay accrung them SUCH
and Tor which he has tGy accounted 20 the
that portion Of the notes received by him
gotsted and old by direction and under the authority
tue commanding ocers at discount for the purpose OF
paying oil and Others who had served the time
Tor which they had enlisted in the United States Delaware
hots force employed for the defence of the Della
during tho late with Great Britain that the said
diseountpad thereon amounts five hundred and seventy
four dollars and fifty cents, S57i 60) which has been reg
aTly charged in bis accounts with the government, and
vouchers rendered for the which Tile in the
ogssf the Fourth Auditor OF the Treasury that he has
been credited with the aforesaid the
ing officers alleging as reason for not putting it to his
crslisy as follows
that the Of January 25 1898 which fcrtids
the OF public m'ney to any person for bis compen
viso that il shall be extended balances arising wholly
from the depreciation OF received by such
TO be expended in the public service bu no authority
has been given TO the accounting officers except by
special acts in particular instances credit any dsbursng
officer with his loss upon such notes. Your petitioner
would further represent that he has paid into the treas
ury Of the United States the above stated viz five hun
dred and seventy four dollars and fifty cents {s57i bo and
respectfully asks to be relieved by such act authorize
aud direct the Fourth Auditor of the Treasury admit the
same TO his credit that it be refunded and paid to
Samuel p. Todd vs The United States.-A mended petit
tony leave OF the court first had and obtained the said
Samuel H. Todd IN amendment OF his petition states that
the court should award him interest the which
be found due him. and which has been long and
upjusy detained from him.
lie farther that he the sole owner of this claim
never having assigned any portion thereof.
Ia consideration OF the premises he prays, in bis orig
BIRCHETT & DOWNING,
Counsel for Claimant
The claimants allegations are that being purser in
the navy and serving in the United States Delaware oa
he received in his official capacity from the government
between the years 1872 and 1875 certain of money
to be used in paying persons employed in the naval
vice. in treasury notes part of these notes sold by
him at discount, under the authority of his commanding
officers for the purpose of paying off and others
The discount amounted to the sum Of S574 So which he
has charged ia his accounts and furnished vouchers there
for which file in the Office of the Fourth Auditor
The given by the accounting officers for declining
TO put this to his credit is that authority has
been given ihem except by special in particular in
stances TO credit any discussing officer with his loss upon
such notes
In to call upon the Treasury Department
for information relating TO this claim, we have been
furnished with copy OF n letter addressed to the Sec
reary OF the Treasury dated the 21th day of Janu
ary, 1853, and written in to letter of the
hon. X. NJ. T. Hunter of the Senate, addressed 10 The
department The letter to which refer written by
Mr. Dayton the Fourth AUDITOR aud in i, he states fol-
lows: Mr. Todd during the last war with Great Britain
purser OF the Philadelphia station and had charge Of
the accounts OF the officers aud of the Delaware flo
ua OF gun-boats. In the year lsl7 he rendered an
count in which he charged the Of S574, for loss
tanned by him the sale OF treasury notes. which
Then 81 discount in the market and which he COM
leed 70 exchange for smaller money TO enable him TO
the mem This claim was disa.owed; but, upon what
grounds have not the of positively ascertanng
II has since been frequently renewed, however, and it
would appear from the correspondence of the Office that II
WAS rejected from time time, owing the want of
proper proof of the loss and of legal authority
make such an allowance In the year 1889 the deficiency
in the evidence supplied to part of the claim,
amounting to SSl3, by the production Of the approval
OF the commandant Of the hotila. The receipts of
brokers produced for portion OF the remainder
showing that in December 1874 they had sold treasury
notes for Purser Todd TO the amount OF $4,000 which
there was discount of $3.50 but these vouchers
approved by Commodore Rodgers the commandant of the
station On one of the rolls however, approved by the
commodore the following note is endorsed by the purser
The men whose herein mentioned all paid
oil in Philadelphia bank notes treasury having been
negotiated for that purpose by direction of Commodore
Rodgers The amount paid to the alluded to was
$3.50 u, and the approval of Commodore Rodgers is
directly under the note and as the roll is dated on the
3lst of December 1914, during which month the notes
We're sold presume that the approval may be considered
Of the same force TO the extent Of S2630 81 it had
been attached the brokers bills The average discount
on treasury notes during that month appears to have
been per cent. Purser Todd in of his letters to
this Office, complained that he not Informed of
the necessity OF Commodore Rodgers approval of the
vouchers until years after the first account
dcred and that owing the commodores loss of memory
II cood not then be obtained 1t the duty of the
moriast however being purser in the navy to be
ananed with the rules of the department and present
his evidence in the first instance ia the requisite form Up
the statement OF his account in lS49 balance of
era thousand dollars found to be due from him to the
United States including the of S514 now in ques-
on the whole of which balance he paid into the treasury
by order of the Secretary of the Navy
II think he has proved his loss the negotiation Of
treasury notes. under the circumstances mentioned in his
petition, to the amount Of $47o, or thereabouts."
from another letter dated the 4th Of December 1855
written by Mr. Dayton the Secretary of the Treasury it
appears that the Of 574 paid into the treasury
the llth of November, 1889.
by this of the Fourth Auditor appears that
in the first place. the claimant satisfactorily proved loss
by the depreciation OF treasury notes amounting the
OF 1913 lie then showed by the bills of the brokers
depreciation OF per cent upon the of $3.50 81
amounting TO the OF Sl57 81, making in the whole
the of $l70 49, which agrees with the loss es-
mated at the treasury This of 50 $50 81 is part of
the of $4,000 which sold in the Dacern-
be 1914 The claimant alleges that he Is entitled to be
allowed per cent this sum- but he is allowed per
cent the only of $2,630 81. The difference be-
tween the sum claimed and the allowed is 500 ls
and in the present stage of the it is upon this
only that any question arises for upon the vouchers show
ing loss to this extent the approval of the commodore
produced.
The objection is not that the notes amounting 81 900
improperly sold but that the proof adducod does
comply with the rules Of the department far regards
the of $92 ls.
We start however with the fact that in the month of