Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-04-03
DECISION OF TIE COURT.
Appendix.
Court OF CLAIMS, Eel

COURT OF CLAIMS, February IL, 1867.
LoRING 1.-The petitioner claims, that as colone
in the army he was entitled to the paw ratons AM
clothing of two servants, or money in lien thereof
that is, thirty-two dollars per month from the ls
day of May, 1854 to the Sd day of March. 1865
that be was paid only at the rate of twenty-five dol
lars per month as the pay OF his said servants and
and one dollars, for which this suit is brought.
| The rate of the servants pay was fixed IN 1917
at the pay Of private soldier and from that dsy
to this such rate has remained unchanged. but tho
amount of servants pay during that time has va.
ried continually, because the amount Of q rrivofe
soldiers pay has varied with each successive act re-
atng to the subject. By the act of july 6 1919 If
was FIVE dollars per month; By the act of Decem.
Der, 1872, it was eight dollars per month. hv tbo
act Of 1885, it was seven dollars per month; bv the
act of 1854, it was eleven dollars per month and
by the act OF August l6 1861, it was thirteen dol
lars per month ana under this last mentioned act
officers who elected to commute the paw rations
and subsistence of servant for money were en- Il
tied to and received thirteen dollars per month for
each servant until the act of July II 1862 which s
the ground of defence in this case =
The first section of the act of August G. 1861 is as
follows That the pay of the privates in the reg
ular army, and volunteers in the seryice of the
United States, shall be thirteen dollars per month
for three years from and after the passage of this
act, until otherwise fixed by law"
The fourth section Of the act of July II, 1862 is
as follows: That the first section of the act ap-
proved August 6, 1861, &C. shall not be so constrn
ed after the passage Of this act to increase the
emoluments OF the commissioned officers of the
army"
Now, the fourth section of the act of 1862 repeas
nothing and construes nothing. 1t repeals nothing
because its operation is by its terms confined to the
first section of the act of 1861 and that leaves all
preceding acts untouched. 1t construes nothing
for 1t leaves the frst section of the act of 1861 to
operate according to its terms on the only subiect
to which it relates, the pay Of private soldiers.
which it makes thirteen dollars per month and the
only effect of the fourth section of the act of 1860
is to bar the use Of the first section of the act of
as measure computing the pay of officers servants
But when the first section of the act Of 1861 was
repealed, the bar necessarily ceased because there
was nothing left for it to act upon, for by its ex-
press terms it confined to the first section of the
act of 1851 and could not be applied to act of 1854
which made the pay Of private soldiers sixteen dol
lars per month.
From that time, as before, the rate of servants
pay was under the early acts Just referred to- that
of private soldier and by the act of 1864 the
amount of private soldiers pay was sixteen dol
lars per month, that was also the amount which an
officer was entitled TO draw in money for each of his
servants.
If this result of the acts cited were doubtful we
think it would be clearly established by the act of
March 3, 1885, which enacts That the measure
of allowance for the pay Of an officers servant
is the pay of aprvate soldier as fixed by law at the
time" This, necessarily, means at the time the al
lowance is to be made, and it is we think adeclara-
tory statute constituting the acts relating to the sub
ject, and fixing imperasively for judicial action,
their result as above stated
The decision of the court is that the demurrer be
overruled and judgment entered for the petitioner
for the sum of one hundred and one dollars. 4
Through the press it was announced that appli-
cation for these claims would not be entertained.
A. j. Johnson, Esq., Claim Agent, of the firm of
Curtis johnson, of this city addressed the follow
ing letter of inquiry on this subject:
KNOXVILLE, Tenn. March 4, 1857.
MUOr- GsneraL B. ". Brice Pay Master General,
Washington, D. c.:
GENERAL Il have the honor to request infor-
nation if officers are eligible TO pay for Ser
wants" from March 81, 1854, to May, 1866, under
the decision of Judge Loring under date Of Febru-
ary II, 1857 And will application be entertained
at your office for above claims without further rul
lngs OF the War Department, acts Of Congress,
or decision of the Supreme Court of the United
States, in the premises
am, General
Very respectfully,
Your obedient servant
A. j. JOHNSON, Attorney
Knoxville Tenn.
In reply, Captain Johnson received the follow
ing
PAYMAsTER GENERALS OFFICE, /
Washington, February 81, 1867. !
Respectfully returned The action of the Court
Of Claims is not final Should it be decided that
The Department is to act this class of claims the
public will be advised through the press. Till then