McCook weekly tribune. (McCook, Neb.) 188?-1886, 1885-01-22
EXTRA PAY TO MEXICAN VETERANS.
Three aonths' Full Pay and Allowances
Claimed Under an Old Law.

Hew York Herald, have raised q very
important point in connection with the
recent decision of the supreme court
in the case of Gen. Emory-namely,
that they are entitled not only to three
months pay proper, but to three
morths' pay and allowances, which
makes considerable difference. the
pay proper of an officer prior to july
1870, when allowances were abolished,
being generally less than one-half. and
in many cases not much more than
One-third of his compensation. III the
veterans Interpretation OF the law be
correct, all officers who have received
three months pay proper for their
services in Mexico have been under
paid, and the whole matter will have
to be reopened and probably relegated
30 the courts.
70 properly understand tie question
involved brief statement OF the law
and the facts is necessary.
In July, 1S4S, congress passed an act
providing that officers and enlisted
men of the army who were in actual
service during the war with Mexico,
and who served out the term of their
engagement, or were killed or honor
ably discharged. should be entitled to
three months extra pay. At that
time, and for more than twenty years
afterward, the remuneration of an OIL
Ger consisted of pay proper and allow
ances of various kinds. A captain OF
cavalry, for example, received $50 per
month pay proper, S24 for rations, S16
Tor forage, and $16.5 so for servants
pay, clothing, and rations, making his
total monthly compensation Sl06.5O.
He was also entitled to an additional
ration (S6 per monthly for every five
years service as an officer. The sex
ira pay" granted by the act of 1S4S
was construed to mean pay proper
only, and payments were made accord
ingly.
In accordance with an opinion given
by Atty. Gen. Reverdy johnson soon
after the passage of the act of 1913,
the secretary of war ruled that officers
of the regular army, who continued in
service after the close of the war were
not entitled to extra pay. and that rul-
ing was adopted by the accounting Of
ficers. About six hundred officers were
thus deprived of the gratuity bestowed
by congress.
In February, 1879. the law of 1S48
was revived with the following pro-
viso: provided that the provisions of
this act shall include also the officers,
petty officers, seamen. and marines of
the United States navy, the revenue
marine service. and the officers and
soldiers of the United States army en-
ployed in the prosecution of said war. ;"
On the strength of this additional leg
islation large number OF officers OF
the regular army whose claims had
been barred by the ruling of the au-
thorities in 1848 made application for
three months extra pay, but their de-
mands were not acceded to. Gen.
Emory, one of the claimants, took his
case to the court of claims and re-
covered Judgment in March last. The
government appealed to the supreme
court, which has affirmed the judy
ment of the court below
This, il was supposed, was definite
and permanent settlement OF the whole
matter, and the accounting officers
were preparing to adjust all the claims
WHICH, HAVE UCCu lC1u UP ChO
decision of the court, but the old vet
Grams have sprung mine under the
astonished treasury officials, and boldly
claim three months full pay and al
lowances. The acts of 1S4S and 1879,
they say, do not contain the words
.'pav proper" and the word pay as
used in said acts means the salary,
compensation, or recOmpense that the
government paid to its military officers
for their services. In other words, it
is pay, rations, and allowances.
If the veterans are successful in this
their latest claim at least three thou
sand officers, including volunteer and
militia, who have already been paid,
will be entitled to the difference be-
tween pay proper and pay and allow
ances, which will amount to about
100000. Those who have not been
paid-about six hundred officers and
between four and five thousand enlist
ed men-will receive upwards of $780,
600, making a total cost of 100000.
If they fail, then only the unpaid Off
GERS and enlisted men will be benefited,
and the drafts on the treasury will not
exceed 100000.
The roll of living officers vino are
now entitled to the gratuity provided
by the act of 1879 contains many nota-
BILE names: Gems. Bragg, Don Carlos
Buell., Joseph E Johnston, Mcdowell,
and Rucker were captains Gems.
Grant, Sherman, Longstreet, Beaure-
gard, Fitz John Porter, Getty, Ingalls,,
II. j. Hunt, Doubleday, and Truman
Seymour were first lieutenants, and
Gems Hancock, Franklin, Mcclellan,
Pope. Augur, Gibbon, Pitcher Charles
2. Stone, Gustavus w. Smith, Pleason-
ton, Sturgis, Stoneman, and others,
were only second lieutenants. The
octogenarian Harvey was colonel of
dragons, and Philip St. George Cooke
was a major in the sam, regiment.
Fremont, the Pathfinder, was lieu
tenant colonel OF the mounted rifles,
and Gen. Emory, who has had the
trouble and expense of sighting the
government in two courts, was first
lieutenant in the Typographical engi-