Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1900-05-24
A CIVIL WAR CLAIM.
A Bill to Reimburse a New Mexico
Claimant Reported F%ayorably.
THE HISTORY OF THE CASE.

The committee on war claims OF the
house OF representatives has reported
favorably a bill introduced by Repre-
sentative Dolliver of Iowa for the re-
lief of Agnes and Maria de Leon. The
bill provides for the payment OF $1,000
for injury to the buildings OF said Re-
becca l.. de Leon, in Albuquerque. N.
NJ, and c%onsequen loss Of rent, in 1862,
and in the lifetime OF the said Rebecca
l.. de Leon, which buildings. while oc-
cupied under a lease by the United
States. were partially destroyed by the
United states troops to prevent them
and the stores therein contained from
falling into the hands Of the enemy In
the var between the states.
The committee on war claims report
ed as follows: Accounts in the quar-
termaster's generals Office show that
a house OF seven room was rented
from claimants or their i~ntestate, at
Albuquerque, N. M. from August Is.
1856. to September. 1851. at the rate OF
$50 per month. and occupied by Assist
ant Surgeon Norris az quartermaster
store rooms and Office.
In october. 1861. a house OF -four
rooms was occupied by Assistant Sur
geon Bailey for store rooms at s2s pei
month, and two rooms as store rooms
for medical stores at SIG per month,
until May 2, 1862. II Is also shown that
a nominal balance was then due for
rent.
The report Of a board Of survey In
the same office shows hat 1t was APP
nninfad afn aaaaag Nh. lan. 49,.
the buildings which were rented and
occupied the % of March, 1862, when a
portion of these houses were destroy
d." which they assessed at $3.50. The
said damages according to said report,
were consequent upon the abandon
ment by the United States troops on
the 2d OF March, 1852, and their
subsequent occupation by the enemy
two rooms OF the same building hav.
ing been destroyed by order OF the as.
sistant surgeon In charge OF the hos.
pital.
The committee further find hat the
actual cost of restoring said building
to its former condition was 1000 and
upward, and that, by reason OF tn,
damages to the house, and the inabil.
ARs VI lAH oWHtIE " TtDdlT III, tneIt
was a loss OF two years or more rem
entailed upon the owners. The rent o.
the rooms at the rate al which they
were rented at the time Of the burning
for the period of two years, woulC
amount to 1865. II, therefore, tn,
government was required to make GOO
the entire loss-that is. the cost Of re
storing the property to the condition
In which 1t was when they had pos
session, and the loss of rent c~onseuuen
upon the destruction Of property by tn
government-the moun would be 81,
O56. But the claimants only ask ii
their bill for the sum OF 81, 900.
There Is no evidence OF the time O
duration of the lease OF the property
The general rule on the part of tn
government is to provide in the leas
for it's termination at the will OF tn
government. But. although such ma
have been one of the provisions OF thi
lease. yet, when the government des
troyed the property leased, thus plac
!, ing 1t beyond the power of the tenar
to secure another tenant, the govern
ment should, IL seems to the commit
tee. make good the rent during III
time the premises, by reason of I'll
destruction, remained unoccupied, or
/. should make good the mount neces
sary to restore the property to its fol
. mer condition, and in either event tn
amount would reach the sum asked 1
the bill.
. 1t Is true the board Of survey place
the damages at $3.50. but the swor
statement OF the claimants places tn
actual expenditures In repairing n
c property at $1,000 and upward. I'll
committee think the sworn statemer
y of actual OUTLAWS In repairs as the moi
reliable basis of calculation for reach
y ing the amount which ought TO /
paid.
. The committee. therefore, report,
the bill back to the house and recon
nandaa 10 naaaaua