The Birmingham age-herald., 1905-05-20
Cavalry Won't Pay Assessment
 for Broken Window
COMPLICATIONS POSSIBLE
Use of National Guard Armory for Convention Purposes May Come Up for Discusslon-Pay for
 Alabama Volunteers.

1 $2 65 placed against the command by the Mayor for a broken window in the Ma tional Guard armory This was decided upon at conference between the troop officers held Wednesday night. The ac- tion of the National Guardsmen may bring on complications.
 Several days ago the Mayor addressed the following letter to Captain Price of Troop D, Captain Gregory of the Jef- ferson Volunteers, Captain Brown of the Birmingham Rifles and Captain Seals of the Graves Rifles:
 During the first part of April some of the soldiers, while playing ball in the armory, broke a window glass which the city has replaced at a cost of s10.60. As it was impossible to find t who did this damage the amount has been divided among all four compan.es. which will make 2,65 each.
 "Please send the city treasurer check for this amount. Of course if the dam age can be fixed on anyone company the others will be relieved and the assess ment rebated. In thu future this plan of dividing the assessment will be fol- lowed out in the. inabilit. of the custo- dian to fix the responsibility on the per- son doing the damage.
 q will also call your attention to the fact that the lights are frequently burn Ing at nights, after drills. l should think that specific orders to some one officer of each company uo look after this mat ter would prevent any such complaint in the future"
 It seems that the officers of the cav airy were the first to take the matter up with the above results In speaking of the matter yesterday afternoon Lieut.. Malcomb B. Stewart of the troop said:
 Position of Cavalry.
 ''The officers of Troop D carefully con sidered the proposition and decided not to pay the assessment, for the reason that we do not think that it is just one. If it can be proven that member or our organization broke the window then the city will be reimbursed by us, but not until then.
 My understanding is that the National Guard armory was provided for original ly solely for the use of the militia and the police department 1t seems now, however, that almost every convention that comes to Birmingham occupies the drill room. On several ocasions l have known of the several companies being compelled to postpone their weekly drills on account of the a-.nory being occupied. We do not object to the fremen and po- lcemen holding their annual balls in the room, I might state. however
 "The armory is open at all times, and unless the military companies are given the keys, and it is left to them to say who is to use the room, l cannot see that the city authorities can hold the military responsible for any damage done to the furniture or fixtures"
 | A copy of the letter of the mayor was not sent to tho captain of the Brandon Light artillery.
 Another Window Broken.
 The mayor stated yesterday afternoon that since writing the letter to the cap tains of the four companies that 1t mas been repored to him by Custodian Jack Curran that another window has been broken.
 At the recent meeting of the City Coun- ell, the matter of allowing conventions l the use of the National Guard armory came up but it went over. Every week night, except Saturday is taken up by the various military organizations, for either weekly drills or monthly musters | The right of the states to recover Uni ted States moneys due from the states to their militia for the period of the organization of the volunteer troops for the war of 1898 has been formally recog- nized, under an act of Congress approved July 8, 1S9S by the court of claims in Washington.
 Alabama Is Included. l Alabama, Georgia and Virginia are among the states which will share the benefits of the decision for the whole amount of the pay due by them to their troops and Arkansas, Tennessee and Mis- sisslppi with respect to some unpaid I items. The decision probably means that | the members of the three regiments from J Alabama, who did service%in the Span ish-Amerlcan war are soon to receive 1 pay for a period of several weeks eaps- | ing between the time they were muster l ed out as state militiamen and mustered in as United States volunteers. | The court of claims takes tfe view held in 1899 by the comptroller of the treasury that these moneys are lawfully collect | able by the states to be paid by them to the soldiers, notwithstanding the United States government itself under different act has already paid tine soldiers for the same period.
 On May 1, after elaborate argument, the court in a case of an officer suing | for the pay due him from the United States directly allowed the claim, al- | though the claimant had been paid by his state, and the state had been reim- | bursed by the United States for this ex- penditure. Pending the trial of that case the treasury department had referred to | the court of claims a claim of the state | of New Jersey for reimbursement of the amount of it's liability to it's troops, and | 1t was on this claim that the court of l claims today rendered it's decision, Tn which the same principles are applied | as in the other case
 Must Pay Men. l The decision opens the way to the l collection by the states of the money due l from them to their soldiers which they are bv the terms of the reimbursement act. obligated to pay directly to the men without converting 1t into the state treas |