Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1900-05-26
A CIVIL WAR CLAIM,
A Bill to Reimburse a New Mexico
Claimant Reported Favorably.
IHE HISTORY OF TIL CASE,

The committee on war claims Of the
house of Representatives has reported
favorahiy a bin introduced by Repre-
sentative Doli.ver 0f lowe Tor the re-
lief Of Agnes and Maria De Leon. The
bill provides for tho payment u $1,000
for injury TO the buildings OF said Re-
becca l.. De Leon. In AlbuquerQue. n.
~. aud consequent loss Of rent. in is62
and In the lifetime Of the said Rebecca
l.. Do 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 war between the states.
The committee on war claims report
ed az follows. Accounts in the quar-
lormasters generals ofiioe show that
house OF seven rooms was rented
from claimants or their intesiate. at
Albuquerque, ~ NJ. from August i6.
1856 20 September. tsei. az the rate Of
$50 per month. and occupied by Assist
ant Surgeon Norris no quartermastor
store rooms and Office.
In OctOber, 1851, house OF four
rooms was occupied by Assistant fur
geon Bailey for store rooms az g2e pei
month. and two rooms as store rooms
for medical stores at fl6 per month.
un,il May 2. 1859 II IL also shown that
a nominal balance was then due Tor
rent.
The report of a board Of survey in
the same ofiice shows that 1t was ap-
pointed Ito assess the damages upon
the buildings which were rented and
occupied the 90 OF March. 1862 when "A
portion OF these houses we're destroy
ed" which they assessed al $3.50 The
said damages according TO said report.
were consequent upon the abandon
ment by the United states troops on
the "a OF March 1862. and their
subsequent occupation by the enemy
two rooms % the same building hav-
INK been destroyed by order of the as.
sistant surgeon In charge OF the hos
pital.
The committee further aud that the
actual cost Of restoring said building
90 is former condition was 81 900 and
upward, and tha:. by reason Of the
damages 70 the house and the inabll-
ity OF is owners to repair a. there
was loss Of two years or more rent
entailed upon the owners The rent oi
tire rooms at the rate at which they
were rented 80 the time OF the burning
fGr the period OF ts'O years, would
amount % t.Oa6. n. therefore. th,
government was required TO make gool
the entire loss-that In. the cost Of re-.
storing the property TO the condition
In which Il was when they had pos.
session. and the loss of rent consequent
upon the destruction ot property by IN,
government-the amount would be 81,
u56 nut the claimants only ask Il
their bill Tor the sum OF $1,000
There h. no evidence OF the time o
duration of the lease OF the property
The general rule on the parl OF tn,
government Is 10 provide in the lcas
Tor Us termination az the viii OF thl
government but. although such ma,
have been one of the provisions OF thl
lease. yet, when the government des
troycd tdc property leased. thus piac
ing Il beyond the power OF the tcnan
70 secure another tenant. the govern
ment should. Il seems TO the commit
tee, make good the rent during tn
time the premises. by reason OF IN
destruction. remained unoccupied. or 1
should make good the amount neces
saTy 10 restore she property TO its FOR
mer condition. and ia either event IN
amount would reach the sum asked il
the bill
II h true the board 0f SURVEY place
The damages at $3.50. but the sWOr
statement of the claimants places th
actual expenditures Ia repairing IN
property az $1,000 and upward. Tn
committee think the sworn statemen
OF actual outlays In repairs as the mos
reliable basis OF calculation Tor reach
ing the amount which ought to b
lpald.
The committee, therefore. rcporte
the bin back To the house and recon
Imended lfH paaaage