The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-11
HIS CLAIM is ADMITTED
ADJT. GEN. LAMBERT SECURES AN
IMPORTANT MILITARY
RULING
RAY C. DAVIS GETS MORE PAY
Was Improperly Mustered Out az Il
Private, and Long Correspond
ence With War Depart
mcnt Followed.

Adjt. Gen. Lambert, of st. Paul, has
just gained a concession from the United
States war department which will mean
about $3.50 to Ray c. Davis, of Mime
apolis, formerly a member of the Thir-
tenth Minnesota. .regiment, Of volunteers,
and which constitutes a precedent for
many other similar claims to that sub
nlitted by Mr.. Davis.
In the fail of SO, prior to the muster
Jig out of the Thirteenth, and while that
regiment was stationed at the Preside
San Francisco, Ray C. Davis was, by
an order of Col. Ames, promoted from
the position of a private in Company a,
to that of conlnissary sergeant, which
order was made Just three days previous
to the mastering out of the regiment
Mr.. Davis had, however, served as COM
nlissary, sergeant for some time before
the order of his promotion was made.
He succeeded to the duties of the place
upon the appointment of Arthur Den1uth
to the rank of first lieutenant 1t was
nothing but right that Davis should be
officially recognized conamissary since he
was actually serving in that capacity
and hence the order making such an ap-
pointment. - ~
After The regiment was mustered out
and the soldiers had received their pay,
Davis being given the salary of a private
he appealed to Adjt. Gen. Lambert for
advice, believing he was entitled to the
pay of a conlnissary. Gen Lambert
embodied the claim In q letter to the war
department at Washington He received
the statement back from the department
that after examining the records Of the
Thirteenth it had been found that that
regiment was entitled to ne comnissarv
sergeant and that therefore he claim of
Mr.. Davis Tor salary for this office wGuld
not be henorcd Gen. Lambert WAS con-
WINGED that the department. was ruling
arbitrarily and persisted IN his efforts to
get the cfain recognized. He was en-
posed the third time by the war depart-
ment, whose only contention was that
the regiment was not entitled to the o.
fee which Mr. Davis had Tiled and for
which he demanded pay
The question was one of a legal char
acter and Gen. Lambert looked I'm tie
law on the matter and having satisfied
himself that his grounds were rightly
taken, sent a request TO the United States
attorney general for his opinion. The at
torney general forthwith returned his Of
fetal opinion, which by the way is a very
Volu1nincus ore. 1t sustained the
grounds taken by Gen. Lambert and con-
Brfaed the rightful claim of Mr. Davis
TO the salary of the cominissary sergeant
ana the regiments right to such an Of
ficer
Gen. Lanbert's next letter to the war
department was accompanied by this
opinion from the attorney general and
at last the department aeceded to the
position of Gen. Lambert
Yesterday Gen. Lambert received
communication from WASHINGTON stating
that the records OF the war department
had been AMENDED SO as to show that
Ray G. Davis was mustered out of
service at San Francisco as a commits
sary sergeant, instead CT private.
While this does not actually give Mr.
Davis his claim 1T practically settles ali
questions as to it and after the fornsaI,.
ties of the law are complied with. In "A.
ditton TO what has already been done
ne viii get the money that he is rightly
entitled to. Mr.. Davis was formerly en-
ployed ir the Minneapolis Chamber of
commerce and is at present temporarily
in Kansas City
-AdJt Gen Lambert has a large num-
per of similar claims and 1t is probah,a
tflat since a precedent has been estahe
1ished with the opinion Of the attorney
general back of It, the others VIII not he
So difficult to obtain.