New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-12-29
SURGEON BILLINGS'S DISPUTED CLAIM
ONLY CONGRESS HAS AUTHORITY TO REVohl
THE DISALLOwANCE.


ONLY CONGRESS HAS AUTHORITY TO KEFOhE
THE DIsALLowANCE
washington. Dec. % speclaD.-Second Controller
Gilkeson has made decision denying the application
Of the War Department 10 reopen the accounts Of
Pavmasters Smith and Roche that credit might DC
given for so1s5 o. paid by them to surgeon John D
Bellings and disallowed against Billings by Coh'oicI
MAYNARD I'm the settlement of the p1ymaStcrs accounts
in 1857 The disaowance was for mileage CNusou
by Surgeon Billings while attending the international
Medical Congress held at London III august A0'A
Controller Maynard held
First, that the War Department had no authority
10 send delegate to the Medical Congress at Govern
mont ovpen,e Congress alone could determine the
propriety of sending such representative. IL was
in no proper sense a military service or service
which the military establishment was required 10
render
secondly. that the International Congress which
Surgeon Billings was directed to attend did not meet
until August ISL and ,he not authorized 10y inc
order Of the War Department 10 leave Washington
tv, months I'm advance Of that date. and spend tho
Intervening time in travelling I'm Belgium, FRANCE
Germany. switzerland, Austria, Holland and Italy.
Thirdly. that an order TO travel must
specifically designate the place or places rom WHICH,
and the point points 10 which, the tTdNel Is per
formed. The commanding officer must decide upon
the necessity Of travel and fix the limit in the Order
Secretary Endicott thought that the Controllers
decision was an infringement upon the jurisdiction
Of the War Department in matters pertaining 10 inc
performances Of military duty, and he suggested 10 inc
Controller to request the secretary OF the treasury 10
send the case to the Court of Claims. The Con
troIer replied that the Treasury Department enter
tanned no doubt a. to the correctness Of the decision
Init that il the secretary Of War had any doubts III MS
own mind as 10 his jurisdiction, he might submit the
abstract question to the court, under the bowman
Act Int rs thi, act provided for advisory judg'
nent only the action upon the Billings could not
he changed. subsequently Controller Butler reported
DR. Killings to the Paymaster General as in arrears
and the question arose whether or not he should be
put on the stoppagc list.
Upon this question the case was referred by the
Secretary Of War to the Court Of Claims. under sec
ion ! O63 OF the Revised statutes or such other
statute. as the court may deem applicable The
CONT took Jurisdiction under the Bowman Act tNlarch
g. 1--3 and advised the secretary, upon tnc C oIIlo
verified question Of law and OF iact, that inc "iu'ra
sending EilHuy, abroad legal ana could not De
cOutroycrted ly any other executive branch OF the
Government The court transmitted 1t, Innings 81
fact conclusion, OF law and opinion To the secretary
OF War for his guidance ana dctloh T..
secretary Proctor referred these findings OF 1act
and opuion 10 Controller Glke>On, with the request
That the suspended charge be allowed, III a.'oruduIc
that fhe ouiuion of the court purely ADVISORY
for the .,dancc of the secretary OF war that tns
case l.. nat before him, having been determined ana
.etled by hi, predecessor, and he cannot take lus
~uDrornc Court IN the case OF the BANK ol VI"
Metropolis a Controller cannot reopen cases auJudl
Gated by his predecessor, unless there De newly u
covcrth material evidence or errors III CdCu
zion Error, i'm law. under the the decisions ~ thc
SuDroue Court will not reopen claims nor accounts
The remedy Therefore is an appeal to Congress.