The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-06
THE WATSON LONGEVITY CLAIMS
Ruling which May Make n Difference of
Sa,5OO.OOO to Army Omcers.

WASHINGTON, july 5.-The decision lust
given by Second Comptroller Gilkeson In the
longevity pay cases Is one OF the most i'm
portant that has come for years from this
branch OF tho Treasury Department.
To begin with. thousands OF officers and
representatives Of officers are affected by these
claims, and the aggregate amount on which an
adverse ruling Is rendered must be in the
nelghborhood OF s2,5O00O0. An interesting
point also is made by the Second Comptroller
In directly holding that the decision In tho
Watson case is not OF binding authority upon
me In disposing OF the claims under considera-
ton" the decision thus referred 10 being that
OF the Supreme Court OF the United States
Finally the urshot OF the present ruling Is
that whenever Treasury settlement has been
effected. on a Misunderstanding or error after
ward made known tho accounting officers
will not oren II and correct tho error II n long
time has olapsed.
Tho Watson case, which furnishes the basis
for the present ruling, depended on previous
one that OF Capt Charles Morton, Third Cav
airy. He had sued, while Lieutenant. for ad-
ditional longevity pay, on the ground that tho
four years which he had passed ut West Point
rs cadet ought to be counted In making up
his frs: longevity period. The law gives an
officer an nd lition Of ~ per cent. upon his cur.
rent yearly pay after each term OF 1--WE years
service. W. to 40 per cent OF the grade nay. as
an extra allowance. The statute declares that
be eotoned IL his onRevty al
lowance: The accounting officers OF the
I Treasury had for many years been IN the
Academy from this computation, and Attor-
ney.General MacveaEh, on being consulted;
the ruling In the Court OF Claims. That tribunal
decided IN his f ts on various gr9nnds and
Statutes mentions the CORPS of cadets as a |
part Of the army, while section 1923 requires
Inc accounting officers appealed to the Su-
preme Court. but that tribunal sustained the
DECISION Of the Court OF Claims.
+. Watson Of the retired lat, whose suit was
brought i2r the purpose OF extending the de-
tired list and. In short. to all having a status
like his oTn. His claim. after being rejected
prosecuted in the Court Of Claims, and the de-
cision OF the latter was confirmed on appeal by |
Now we havo the third step. which involves
peculiar features. The suit OF Capt. Watson |
had been for $2Gl1.lO. But the Court Of Claims |
II. to award conpens Ition Tor amounts accru- |
Ing more than xix years prior 10 the applica- |
Watson claims it was found that ali except
Sl2G.22 was barred 10y this limitation; Accord |
nay vas rendered for 9qy about
The officers whose cases stood on the same |
footing with his, thereupon turned away from
once more to the accounting offlcers OF the
Treasury. They argued that tho law and
decision OF the Court Of Claims. SUSTAINED as It
was by tho Supreme Court But since tech-
i iHnr Limitation itan would prevent the former
than one-twentieih nhrt OF what seemed to I've
Justly due n anyIhi Ing at al was due they
diction was not subject TO any such six years
limitation, to 81, Q them the full amount which
" atson decision.
The Second cGmptroller. however. answered
bv any six years limitation. he feared that it
WAS bound by certain other rule still more
s,weespingy effective against the pending
MOI 9, he referred this point 10 Attorney: en-
that the settlements could not be reouened.
Still. rs the cases pending had cen settled be;
come up. hearings We're given to the claimants
on the question involved. Now a. lerG' h, the
eison whch is tha ne I Claims nm must itT ali be-
di -Hllowed. His view is that they do not come
within the jurisdiction of the Srprenle Court
Watson decision rendered by that court is TO
be me ~ hy the statutory limit Of the
Treasury DEPARTMENT.. it must take in view tho
length OF time which has elapsed since the
settlements OF the accounts now disputed:
l have shown think That the construction placed
upon The act of l.a By the accounting "n'ccrs
%, H s %n Ss
s he en- NIB s .he 4s
men NJ intelligence and Tor educ
Of every CRATE from Lieutenant up I" General many OF
the m as dsbursng oticerS jude Advocates &c and
on tGtY ia tue War DenartInent at Washington. re
CURED t. become famRc wi h law and its niernreta
ton having facility to observe AMI take advantage OF
any possible chance II favorable construction with
o iurtunity during a period ~ twenty--X year., at
least prior 10 e ~ ISL t" bring suit In the Court Of
Claims and ct these persons with these OPP ortnues
and haTnR arSe prcnliary Interests my ven &C
from ls- l6 when atson brought his suit in tho
Court OF Claims
Whit will re the next stage in this hard
fought contest? The thousands OF persons
into, ested will perhaps appeal to Congress.
aud risk relief from that boiy, In the form OF a
bill directing I 9 accounting officers to settle
the claims on the n inriplrs announced 10y the
uit b,,tf l,a ri Inn, al hy,