The Washington times., 1903-07-21
VETERANS MAY WIN
MANY THOUSANDS
Test Cases Ready for the
Court of Claims.
INVOLVE B0UNTIES AND PAY
Losses by Promotion and in State
Gratuities the Basis of
the Suits.
INVOLVE B0UNTIES AND PAY

The Government has completed its an
swers in several important cases in
volving State and Federal pay of thou
Spanish wars. and the papers were to-
day filed with the Court OF Claims for
final adjudication at the October term.
These cases are tests. and should the
claimants win, several thousand more
are likely to be iled at once.
One claim is made by the executors
of the estate of James Applegate, of
Pendleton county. Ky. who was mus
tered into the army as a second lieuten-
ant OF the Eighteenth Kentucky Infan
try. October 13 1851.
Prior to being mustered into the
United States service he served several
months with the State troops. and for
this he received pay from the State.
Applegate's Case.
Later. and after the Federal Govern
ment had paid the State for all expendi-
lures during the war. United States
Treasury officers deducted from the pay
OF the second lieutenant the amount
paid him by the State. the Treasury Of
ficers alleging that the State had acted
only as an agent for the United States
Government. and that the money paid
Applegate had simply been advanced to
him until such time as he came under
the control OF the Federal authorities.
Applegate's executors are OF the opin-
ion that the State payment was simply
sratuity. and that II should not have
been charged against he soldier.
The amount In 1861 was about s2o4
With interest and various costs since
then II has grown into several thousand
dollars.
When 1T is recalled that there were
about 100000 soldiers in various parts
of the country who lost the State pay
as did the Kentuckians. and that all
are to be entitled to this back pay il
the Government loses the AppleEate
case, the Importance OF the case is
apparent.
1t was said this morning that a num-
ber OF the civil war veterans are pre-
pared TO go into court as soon as a
decision is rendered.
II is also said that there are thousands
of similar cases growing out OF the war
with Spain, and that these soldiers are
likely TO also put in claims aggregating
several hundred thousand dollars.
In the forfeiture OF bounty case,
there are no veterans of the, Spanish
war involved. but il is believed that
many thousands of vefar.ps ~ fha c4vf1
war are watching to see what the deci-
sion OF the court may be.
Lost by Promotion.
In this matter the test is being made
on the case of Leonard H. Mahan. who
served In the first regiments called for
by President Lincoln. enlisting in 1851.
and under the veteran bounty act en-
listing again for three years. or until
the end of hostilities, January l. 1864.
Mahan was to receive s492 in bounties.
paid in installments. He served several
months, collecting some OF the bounty
and then he was promoted. being made
second and later a first lieutenant
On April Is. 1865. he was honorably
discharged. and the amount OF the
bounty paid him was deducted from his
pay as an officer. the Treasury Depart
ment asserting that he had forfeited the
bounty when he accepted the commits
sions
In these cases the Government attor-
neys admit that they have a very weak
case. the promotion being evidences on
the face OF it that the soldier had done
his duty so we'll that he had been re-
warded Mahan did not leave the ser
vice until the war ended, when he re-
ceived an honorable discharge. He
served all of the time required. and just
/ how this class OF men can be deprived of
their bounties the attorneys cannot see
The claims Of a few hundred dollars
| in 1865 have grown in the subsequent
/ forty-three years until they have
/ doubled and trebled. and naturally the
veterans are going to try to get all OF
| II II they can.