Savannah morning news. [volume] (Savannah) 1868-1887, 1883-10-09
ARMY OFFICERS In PERIL.
UNCONFIRMED REINS FATE
MENTS BEING HUNTED UP.

Many of the GiIded IdIers Tremorous
Tor Their Stipend and Trying to Have
Further Investigation StOpped-Lieut.
Miller's Case in IIIustration-Forty
Officers Interested.
WASHINGTON, Oct. ). Immediately
| after Congress made an appropriation for
the army longevity claims, which were
brought about by favorable decision of
the United States Supreme Court in the
Tyler suit, officers of the army made haste
TO nile their claims for settlement. Recent
developments have caused a number of
officers to regret their impulsiveness in
this regard. Accounting officers of the
Treasury have long been of the opinion
that certain number of officers were
Illegally in the army by reason of their
having been dropped from the muster
rolls for various causes and subsequently,
reinstated by the President without re-
ceiving confirmation of the
senate. The question, however
never formally presented itself un-
tll these longevity claims were
taken up. In settling the claims a care
full examination of the officers record is
made, in order to find out if from any
cause the officer is indebted to the gov
ernment, so that the amount due, if any.
can be checked against his longevity The
records of ten officers thus far discovered
show that they had been dropped and
atterWard reinStated without receiving a
reappointment through the proper chan
nels. This being so, the Second Auditor
held that they must have drawn their sal
airy when not legally entitled thereto.
Their claims were accordingly disallOWed
by him and then referred to the Second
COmptrOller'S office. Second COMPTROLLER
Upton, not being willing to put himself on
record as questioning the power of a
President to appoint an officer in the man.
ner mentioned, decided not to act. and
recommended their reference to the Court
of Claims, where they were subsequently
sent and now await action. The claims
are those of Gen. Adam Badeau, Col.
Frank I. Bennett, Col. Francis f. Lacey.
Maj. Benjamin =. Runkle, Mai, VIM. i.
Gould, Capt. Robert II. Montgomery.
Capt. Joseph A. Vanderslice, Capt. Benz.
+. Pope, Lieut.. John Ii. McBlair. Jr.,
Lieut.. Charles p. Miller and Chaplain
Vincent Palen.
Some Of these officers are now making
strong efforts to have their claims with
drawn from this tribunal, being fully con-
WINGED that the views of the accounting
officers will be sustained by the court.
They state that they would be willing to
lose their longevity pay rather than their
commission, which, it is considered bv
those thoroughly acquainted with the
facts, as certain to be the result, if the
question is passed upon from a strictly
legal standpoint by the Court of Claims
or the supreme Court should an appeal
be noted.
The Second Comptroller has declined to
Withdraw the cases, and the officers con-
cerned are seeking, through higher chan
nels, to have the matter hushed up 1t is
known that Secretary Lincoln approves
the step taken by the Treasury officials.
He has for some time been Of the opinion
that these officers and number of others
who have similar status were not Ie-
gally III the service.
AS an illustration of the underlined
standing of the officers of whom refer
ence is made, the case of Lieut.. Miller
will be briefly stated. He was examined
by retiring board and recommended to
be wholly retired, which means dropped
from the army with one years paw. The
board held that his disability was not in
CURED i'll the line of duty. Lieut.. Miller
claimed that the bOrad was preiudiced
and requested and was granted a hear
ing by another board. This board came
to the same conclusion as the former,
and, upon its recommendations. an
order was issued by the President
dropping him from the army. Feeling
that he had not had justice done him, he
urged and secured the reference of his
case to the Surgeon-General for an opin-
ion. This officer submitted report to the
effect that Miller's disability was incident
to the service. On this opinion, the Presi-
dent revoked the order wholly retiring
him and reinstated him to the regular re-
tired list of the army. The question now
remains: Had the President the authority
to make this reinstatement?
Although the other cases have each a
different bearing, the vital question at
stake is similar to that in the Miller case.
list is being prepared at the War De-
partment Of all those now termed rein
stated officers. There are thought to be
between thirty and forty of this class.
Some of them were placed in this position
by accid mt, and their treatment would
be very unjust were they thrown out of
the service in this manner. They all re-
cogniZe the serious position in which they
are placed, and good deal of quiet work
is going on to get their cases out OF the
Court Of Claims and hush the matter up.