Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-17
AN IMPORTANT DECISION
In Regard to Property of Soldiers and
Sailors.

The second controller of the treasury
has given decision OF interest to every
man in the army, officers and soldiers
alike. 1t was in reference to claims made
under the act approved March 3, 1856. Ito
provide for the settlement of the claims
Of officers and enlisted men of the army
for loss of private property destroyed IN
the military service of the United States"
In his decision on this question the second
controller says:
THE statute as printed is divided into
first second and third independently
of these specifications, it is apparent that
only two clauses were intended to indicate
when payment should be made.
The first clause commences with,
when the others with where Ii it was
intended to state three distinct instances
when payment should be made, the change
of expression would not occur; each clause
would commence with when or with
where If the first clause is not limited
by the second and third clauses, then
II is unlimited. except by the action of the
Secretary of War. and payment must be
made Tor the loss Of all private property
belonging to the officers and enlisted men
Of the army. when such loss or destruc-
ton was without fault or Negligence on
the part of the claimant There is no
limit to the amount. value or kind OF prop
the articles to be reasonable useful neces-
sary and proper for such officers or soldier
while In quarters engaged in the public
service in line Of duty Such a construc-
ton OF the statute at once makes the offi-
GERS and soldiers of the army a privileged
class, entitled to payment from the govern
ment for all private property lost without
their fault. Nearly every article of dress,
furniture books. pictures. &c, found in
the houses of officers Of the army from a
second lieutenant to the general command
ing department, may truly be certified
to as reasonable, useful, necessary, proper,
&C. All of1cers living at their post es-
pecially in or near large cities. are supposed
TO maintain style of living and en-
PERTAINING suitable to their rank
what articles are reasonable ana
reasonable and necessary for the major
generals in command and having quarters
in New York and Chicago. and especially
for the major general commanding the
army and living in Washington? 1t would
be difficult to place a limit on the articles
of dress, furniture. horses, carriages, books.
pictures. statuary. plate, silver. gold, dia-
monds and money which would be reasona-
BILE and proper for them to have while in
the public service And yet If the construc-
ton of the statute asked for should pre-
vail all losses of such property must be
paid for by the government If certified to
by the Secretary of War. The manner of
the loss. whether by fire, theft or otherwise.
is not essential; it is sufficient to know
that the loss was without fault or negli-
gence on the part of the claimant and
that the Secretary of War has decided that
the articles are useful. proper. &C. But for
tunately Congress did not intend to make
the officers and soldiers of the army a
privileged class, and Congress did, by the
act of March 3. 1855, make the manner of
the loss an essential feature. and limit
payment to such articles as were lost with
out fault or negligence on the part of the
claimant by reason of being shipped by
order on unseaworthy vessels, and by rea-
son of the claimant giving his attention
to the saving of government property at
the same time.
Frequently the meaning of a statute is
made comparatively clear by transposition
of divers clauses of its sentences and claus
es. BY transposition the statute will show
this reading: Lost or DESTROYED in the mill
tary service under the following circum-
stances. where the private property so lost
or destroyed was shipped on board an un-
seaworthy vessel by order of any officer au-
thorized to give such order o. direct such
shipment. And where il appears that the
loss or destruction Of the private property
of the claimant was in consequence of his
having given attention to the saving of the
property belonging to the United States
which was in danger at the same time and
under similar circumstances. and when
such loss or destruction was without fault
or negligence on the part Of the claimant T"