New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-04
BOWLER AT HIS OLD TRIChS
HE AGAIN IGNORES DECISIONS OF THE
SUPREME COURT.
LONGEVITY PAY REFUSED TO ARMY OFFICERS
on THE RETIRED LIST. IN DEFIANCE

on THE RETIRED LIST, IN DEFlANCh
OF LAW AND EQUITY.
fBY TELEGRAPH TO TRIBUNEJ
Washington. April 3.-Thc House Committee on
War Claims has made report bill in which a
large number Of Army officers are much Interested
The measure provides that the accounting oHcers
of the Treasury shall reopen accounts on Claims o
Army officers heretofore settled under an erroneous
construction of law. as decided by the Sup'e'''
Court. 1t appears that tie accounting oIhcers' en-
cept the Second Auditor of the Treasury nave us
regarded several acts OF Congress IN CALCULATING
longevity allowances to officers Of the military
branch for every five years they may have served
in the Army. and have ignored the decisions OF inc
Supreme Court The committees report says that
believing that continued military service would best
insure efficiency in the Army. Congress. In It's laws
held out an incentive to long service by enactlng
bin which gave TO every commissioned officer OF the
line or staff exclusive Of general officers, one add-
tional ration per diem for every five years he may
have remained in the military service
According TO the report, the Controller OF the
Treasury had cvad,d this law by holding that SER
vice of Army officers must be In the regular service
This conclusion has been arbitrarily enforced by
the accounting officers for many years. Some time
ago Captain Tyler who then the retired list.
In order test the legality Of the Controllers ru-
ing brought suit In the Court OF Claims for payment
OF his dues which he asserted were unswfully with
held He obtained judgment for the amount he sued
for. The Government took an appeal 10 the SUI
preme Court. but that tribunal affirmed the decision
of the court below. holding that. within the mean
ing Of the acts # Congress. Captain Tyler was en-
titled to his longevity allowance. although not In
active service. but on the retired list The report
says that the committee is advised that In some
instances d limited number OF claimants were paid
by the accounting officers with show of submis-
sion the decision OF the court in the Tyler case
but later tho accounting officers reapsed into their
previous disregard Of both the letter and the spirit
of existing laws
In 1870 Congress passed another law which. the
report says. the accounting officers have dubbed
over This act provided that each commissioned
officer Of the Army below the rank OF brieader.
general should receive ~ per cent oil MS current
The ruling OF the Controller operated njurousy TO
practically every officer Of the Army VINO retained
The soundness OF the Controllers views Captain
Morton short time ago brought suit against the
longevity pay. which, he asserted. were arbitrarily
ard enormously withheld by the Controller. The
an appeal was taken to the supreme Court That
court reafirmed the conclusion Of the lower court
This would appear to be sufficient 10 induce the
Controller to settle the claims OF Army officers on
The basis Of the decision in Captain Mortons case
mentioned decision " the Court OF Claims was ron
dereI there has been a continued refusal by me ac
OF the court 81 last resort Certain exceptions were
made by the Controller. notably IN the cases Of Cen
eral Grant and General Rosecrans Identical
in principle with those OF Captains Morton and Wat
son only recently the Controller passed the on
geylty claim OF the late General Juas1n Fitzpatrick
He refused. however. To honor III" certificates OF
other officers Of the Army Of TX. character which
had been approved by the Second Auditor. IL be-
came necessary. therefore. FOR All officers who had
longevity Gains to proceed individually against the
Government through the United States courts.
The biz ia relation 10 which tho report is made Is
an omnibus and provides that the account
ing officers shall rrstat", r"adJust ana settle pay
ncni OF dues Army officers In u" cases "f claims
FOR longevity Increases % pay. Forming part or
the report Is a letter from General Schonrll. IN
which he says that IL X that the action ~ the
Government should be- uniform and impartial IN the
application Of the general principle 10 al officers OF
the Army. and that. Congress haVlng recoSnH"d me
lion I'm consequence OF length OF service which right
has heretofore been denied by the Treasury Depart
menf the same rule ~ equity should he applied 10
ali other officers In similar circumstances.