The Montgomery advertiser., 1907-09-20
RELATIVES WANTED
DESCENDANTS OF GENERAL LED-
 BETTER MAY GET MONEY.
Inquiry By washington Lew Firm Contains Information that De- ceased General Had About
 sl,1O0 Due Him.


 Has Gen. D. Ledbetter any heirs in Alabama? If so, they may be entitled to $1.10o from the United States Gov ernment, according to a, letter re- ceived from Washington, D. C., by Gen. R. D. Johnston, Register of the United States Land Ofhce.
 Herbert & Micou. a law firm of Washington, of which Hon, Hilary A. Herbert Is the senior member, Is en- deavoring to recover a certain per diem which was allowed army officers under an act of Congress of July 5. 1888. A part of this money was never paid, and, as it seems from the letter sent out by the law firm, strong enort Is being made to secure such moneys for the beneficiaries of deceased army officers.
 It was for this reason that General Johnston was sent the letter, asking information concerning the heirs or General Ledbetter. The letter comes from H. H. Marmaduke, 1231 Eleventh Street, Washington, D. c.
 The letter of MT. Marmaduke, which explains itself, is as follows;
 General R. D. Johnston, Montgomery,
 Ala.;
 Dear Sir-I am anxious to get into communication with some survivlns relative of the late Gen. D. Ledoetter e. 8. A.), and at the suggestlon oi Gen, Marcus J. Wright take the in- erty of writing you on the subject. thinking you may be able to give me the desired information.
 'aThe enclosed printed circular VIII make plain to you the motive TOT this information. There is due General Ledbetter's heirs on the conditions ex- pressed in the circular, about $l,ioV.
 Our information Is he resigned rom the United States army in ieof' anu after serving with Alabama troops III the c. S. Army, died in Canada in 1866.
 .If you could furnish us with the name of some relative of the famiiy' we should be greatly indebted 10 you Hon. Hilary A. Herbert, former Secre- tary of the Navy, is the senior meihper of the law firm. Yours very truIy,
 HI. H. Marmaduke.
 rho a+tached circular of Herbert & Micou is. in part, as follows: / st.temept fin Regard to the Army
 Longevity Pay. Which Accrued
 Prior te February 24, 1881.
 "July 5. 1888, Congress provided that ofBcers of the army should receive an additional. ration per diem TOT each hvs vaars which they had served or might serve in the Army of the Ohiteu States. That is, If an officer was ap pointed Second Lieutenant in lSZS' ana Served through two periods of hve years, in 1888 he would De entlsieo so Srayv two rations per diem for this ten years service, in addition to otner ra- lions or, allowances provided for by law.
 "The accounting officers of the Gov arnment however, misconstrued the law and, in computing the length ok time that an officer had served. Tn the Army of the United States in order 10 ascertain how many longevity ratlons he should receive. they dld not count inc time spent at West Point as ser vice in the army. The following illus tration shows the difference this con strnctfon made in an officers pay:
 suppose that an officer entered the Academy in 1883 and graduated In 1898. spending five years at west Point, The accounting officers held ne had not served five years in the army until he had been out of the Academy five years. 1. e., until 1S4S; In 1s4S' therefore. he began to receive one ad- ditiona1 ration. or the commutation price thereof. for the five years ne had served; in 1S4S, he would peSih to draw two longevity rations, and ID 1853, three, and so on.
 s~The United States Supreme Court decided that service at West Point IS service in the army, and that omcers should have been credited with their Academy service in computing their longevity rations under the Act of 1888. That is, the officer who entered the Academy in 1883 and graduat'& in lSSS, had served five years at the time or his graduation. and should have begun to draw his first longevity ration in 183S: in 1S43 he should have begun to draw two; in 1S4S three; and in 1853 four, and so on.
 Tt will be seen, therefore, that this officer was entitled to one more ration per diem, or to its communication price, in addition to what he actually re- ceiyed, from the time that he gradu- ated from west Point to the time he retired, resigned, died or left the army. This was the case until 1870, when the present army rates of pay were es- tablished."
 According to Brewers History of Alabama, General Danville Leadbetter was a citizen of MopIle, but was born in Livermore, Me, in 1911. He was graduated at West Point in 1886, and assigned to the engineer corps. He was on duty for some years at Troy