The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-10
COURT OF CLAIMS.


been appointed postmaster, in place of Edmond Palmer
The following opinion in the case of l. d. Beaugrand u.s.
The United States delivered by Chief Justice Gchrst
the 9th instant:
BY the resolution of March g. ls47 it provided that
the Secretary War should cause to be refunded the
several States individuals services rendered
ing under the authority Of any State the amount
incurred by them in organizing, substng and transporting
to their being and
the service Of the United Stat at Large 2o7
By the act OF June l84S 60 ST. 1885, the provisions Of
expenses heretofore incurred in organizing subs
ing and transporting volunteers previous to their being
tered and received into the service of the United States
the present whether by States counties, corporations
Individuals either acting with without the authority of
States provided however that proof shall be made to
the satisfaction OF the Secretary at Mar OF the amount thus
expended and that the same was necessary and proper for
the troops aforesaid"
to pay interest at the rate Of six per cent all sumsad
vanced by States corporations individuals in all
where the State CORPORATION, individual paid lost the
interest or is liable to pay it.
1t under this act and resolution that the petitioner pre-
sents his claim and from the copies OF the vouchers
panyng the petition appears that he has expended the
$3.50 Il for the purposes mentioned in the act The sixty
volunteers mentioned in the petition constituted
papy first regiment Ohio volunteers the expenses
Cured for their subsistence for five days. from the LIST
the lowest price for which the troops could be absted
slA cents per day for boarding and lodging Upon the
allowed sS7 40, being twenty cents per
day, and he allowed nothing He subsequently
made further application to the department with ad
dtiona testimony, and also made his claim for interest
the amount expended by him, but the Secretary de
clined to act further in the 1t appears from the
petition that the county commissioners session at
Fremont at the time the troops subssted by the
claimant, and that there being visiters than
usual impossible to procure subsistence and quar-
tiers for them for less sum than 81 cents per day.
allegations in the petition proved be true the
claimant entitled of the United the
Of Sl62 ST. being the balance of the OF $3.50 81 after
deducting the of sS7 40, which has been paid him.
with the interest the amount paid according the
visions of the
The papers in this case submitted to the House, in connex
ion with the memorial of the claimant have been laid before
The Hon. Mr.. McCeand, the Secretary of the Interior
State" The Hon. Mr.. Green of the representatives
certes that he is satisfied that he Beaugrand) "woud
claim nothing which he is entitled To the ef
feet the statements of the Hon. Mr.. Allen and Mr. Me-
dary OF Ohio. The claimant makes oath that at the
time of the enrolment of Captain Bradleys company, in
June, 1885, difficult to obtain subsistence for the
it being the time Of the meeting of the county commission
people, and the public houses being generally full made
il difficult to obtain quarters for any large number of
provided and having the company in charge by order
Captain Bradley, who temporarily absent business
this deponent was under the necessity Of making arrange
for tue subsistence Of the men, he did which the
vouchers in the War Department will chow.
" In contracting for the subsistence, he did to the best
advantage, and at as low rate az possible and the OF
eightyone cents day for each the lowest
at which he could their subsistence, thand
ing he constantly kept in view and pracsed the sctes
economy; and further that all transactions by him 10 fur
actions and ali Is were PAID IN good b ana that the
amount Of bills rendered twas paid by him the
full amount represented"
The original bills against the claimant of Isaac Knapp and
receped by him. amounting to SSl a. and Of George Bar
kemer amounting 10 ses Is, and also eoepted among
the papers The claimant also files his bill for the sub
sstence Of twenty volunteers his house.
ing to 500 a. the charges in which the
the others These bills appear TO have been signed the
26h OF July 1852, In the presence Of A. B. Taylor Justice
Of the peace, and amount to the Of s2bO al and
at the time the claimant made oath
Mr. John f. Hunt cortdes follows al am CONVEX
SAINT with the market price Of provisions both Cncin
natl and Fremont and far as INV knowledge extends
safely say that all kinds Of provisions higher
Fremont than at Cincinnati and for the best of reason
the west end OF Lake Erie Is the New York market
The Hon. Mr. Edgeron Of Ohio "Haying resided in
have had every opportunity Of knowing the prices usually
charged and paid BY travellers and transient boardcrs
hotels taVerns houses &C. have therefore,
hesitation in saying that eighty cents per day
able charge and such would be paid any
Of the places for board and lodging BY the day for
self paid at Lower Ssndusky, where have been very
frequently 81 and 81 2b day These have about
affidavit by the claimant II stated that Gin place Of
the word three rafon per day the word mens should
hessrs. +. w. Green, representative from Ohio, d.
bnsly, and A.. J. Edgerton certify, We familiar
occasion to put at the hotels in the town. and
90 sa .ons 'nSr range from one dollar 70 one and
the caiman acted in good faith and used all e1eron to
saosst ms men at as low rate as possible and the price,
cents, opinion, low
subsistence and quarters could be obtained in that place
that time"
Mr.. Conrad the late Secretary Of War decided in rea
ton to the claim reported by the Third Auditor the 10th
OF November, 1852, follows do think that only
ration per day admissible II Is evident that by three
raon per day The claimant three meals and II the
price be reasonable the whole might be allowed"
We have examined the the evidence laid before
Congress and the Department Of War upon this evil
dence that the department has acted and allowed ss 40
Of the claim. No question has made a. TO the authen
ITCHY Of OF the documents the truth of any the
witnesses.
The only question u.s. whether the claimant should be al
lowed twenty per day the subsistence of the
men, or eighty and quarter cents.
1t appears FROM the report Of the Third Auditor Of Novem
Der TO- 1852 that the claim for three raons per day. while
stons Of the subsistence department. should Be daowed
the report Of the Third Auditor to the Secretary Of the
23d March, 1884, he states There being that
decision in accordance with the rule that the al
lowances should in all be the same or an approxa
ton TO the same paid BY the United States or TO the
other caimants IL Il evident that te department feel
bound by the two regulations here referred TO- and in con-
authority to allow the claimant than the value Of one
ration day.
We do not by any intend say the decision Of
inc department was erroneous In view OF the rules which
had been established for lie guidance. The award Of the
partment was mot that the claimant had made no case
against the United States but ony decision that the claim
ant could not receive the compensation he sought through
me fundamentally d the department. Of the
istinR regulations
Among the papers L. memorandum stating that 'n the
claim OF the state OF Ohio, II viii be that John w.
smith charged $40 ~ for subslstng Capt D. Bradlays
company OF Ohio volunteers from the the 7th Of June
1885, Tbs matter was satisfactorily explained at the de-