River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1883-02-08
LITIGATION.
I pssGEyTTy PAY IN THE NAVY

LONGEVITY FA1 In LfiE MAJ l.
WAsHINGToN, Jan 20.-The court OF claims
to-day rendered its decision in a case of inn
portance, both as affecting tho public revenue
and in respect of the principles settled. AZ
result of the decision year ago in the Tyler
longevity pay case, large amounts of money
have been paid to retired officers and large
amounts are still being paid out Encouraged
by the success of the army officers, number
OF the officers of the navy have since brought
their several suits under the statutes relating
to the retired pay of naval officers for the long
evty benefits. To-day the unanimous Judgment
of the court was rendered in the test cases
against the claimants. The courts hold that
the laws governing the navy are not similar to
those governing the army in respect of lon
gevty pay, and that the reason for awarding
the longevity benefits 10 retired navy officers is
not as strong as for extending the same benefits
to army officers It is estimated that between
$500, 900 and 100000 will be saved to
the treasury by this decision.
In the supreme cour. to-day decision Of
some interest in army circles was rendered IN
the pension cases of the United States ex rel
Ward b. Burnetj, plaintiff in error,vs. Henry NJ.
Teller, secretary of tho interior This litigation
arises out of the following state Of facts: Gen.
Burnett by virtue of a special act Of congress,
passed March 3, 1879, was 10 receipt Of a
pension of $50 per month. Under the pro
visions of the general pension laws of 1872,
1874 and 1880 he became entitled 10 pension
at higher rate, aud the 18th of July, 1882,
new pension certificate of S72 per month was
issued to him under the general law. On the
2Ist of July, 1882, he returned to Secretary
Teller the certificate for pension of $50 a
month under the special act, and offered to
relnauish it. He asserts that in giving up biz
certificate he acted unadvisedy, and he there
fore prays for writ of mandamus to compel
Secretary Teller to return il to him and pay
him the special pension Of $50 per month for
which it provides, in addition to the
$40 per month which he is receiving upon the
certificate issued under tho general law This
court holds that Gen Burnett's right to double
peneon if he ever Lad such right has been
effectually cut of by Sec 5 Of the act Of
July 3, 1882 The judgment OF the
supreme court of the District Of Col
nmbia in refusing the writ Of mandamus
il affirmed An interesting decision involving
the question Of the liability Of the holders of
hvpothecated railroad stock for the debts of
the insolvent railroad company was rendered
in the case of Edward Burgess, plaintiff, Va.
Jesse seIigman ct al. This court holds that
Seligmans held the stock in question as trustee
and custodian by way of collateral securities
for themselves and the purchasers OF the bonds,
and that they are not liable for the company
debt The Judgment of the circuit court ls
affirmed with costs. decision was also rem
dered in the case of the Chicago d Alton Rail
road company vs. the Virgins Ferry company.
| This court holds that is not suit arising under
the constitution or laws Of the United States,
aud that the order Of the district court re-
| handing the cauae to the State court was cor
rect, and must be affirmed The other cases
decided to-day we're as follows:
I4s H. ]. Rogers vs.. William F. Dnrant. De-
| cree reversed and cause romauded.
| Il35, I,I36, I,137 and 1,13S. Robert j. Jen-
kins plaintiff VS.. The International Bank Of Chi
/ cago. judgment affirmed With costs -,
| I,2o4 J. d. Batty vs II. $. Young. DocEeted
and dismissed with costs.
| OTHER CssEs
WASHINGTON, Jan. % The couft OF com
missioners of Alabama claims will hear the
test case OF George II Williams against the
| United States tomorrow.
| The court Of claims has rendered Judgment
| for 500, $50 10 favor Of the executors Of James
| Green for use Of the Mansion house 10 Alexan-
| dria during the war. The case of John
Thornley,, involving the right OF retired naval
officers 10 receive longevity pay, was dismissed.
A decision was rendered in the supreme court
| to day in a case in which the counsel for the
| prisoner in the circuit court Of Kentucky
| moved to quash an indictment for murder
against his client for the reason that the grand
| jury which found IT was selected by virtue of a
Stale law from whites exclusively, in violation
| Of the fourteenth amendment of the federal
constitution. The State court Of appesls sus-
tanned the ruling. but 70 days decision reverses
| it, holding that the motion to quash should
have been granted for the reason that the State
has twice enacted laws inconsistent with the
| Fourteenth amendment The opinion 10 by
Justice Harlan