Evening journal., 1913-02-10


storing him to the Regular Army with
the rank of colonel as OF the date OF
his dismissal, coupled with the pro-
yiso that he was to receive no pay or
emoluments during the time he was
out of service.
Gen Porter, upon his complete
vindication and restoration to the
! Army. did not receive the back pay
and emoluments. amounting TO s97.-
/ 3iO1S, to which he would have been
emitted had he not been most uniustly
deprived of his commission, and which
he should have received under every
! principle Of justice and equity and
in conformity with the precedents es-
tablished by several analogous cases.
In the opinion OF your subcommittee
this is a sufficient reason for exclud-
ing from consideration the fact that
Mrs Porter. who owns no real estate
whatever, has an income Of a little
/ over S1700 a year upon which she had
/ to support herself and an unmarried
daughter
Attention is called to the state
ment of account hereto appended in
/ lhe cass Of Gen. Fitz-Jonn Porter, and
also 70 a statement of analogous cases
in which back pay and allowances
were granted tc officers who were re-
stored to the Army as OF the dates
Of their original commissions
3 In All the cases referred to the
parties 20 whom back pay has been
allowed have been considered by Con-
gress to have been illegally or unjust
ly or inadvertently dismissed from
the service. In order to remedy the
wrong or repair the injustice of such
dismissal it has been considered both
Just and humane that its revocation
should be complete, and should relate
back to the day of the order Of dis
missal, so as to make the party en-
titled to full pay as though no such
order had ever been made. (Winters
v. The United States. 3 @. els. r., 1876
Smith v United States. 2 c. Cls r,
206 But such arrearages of pay have
in every instance been allowed only
under the acts Of Congress authoriz-
ing the benefciaries under them tC
assume a definite rank from a past
date This doctrine is fully expound-
ed in the case Of Maj Collins (ante
p. 22).'
Mrs. Porter now receives a pension
Of sl2 per month, provided by the acts
of January %, 1887, and April 19. 1908
on account of her distinguished hus-
bands service in the Mexican War
She was married TO the deceased Off.
Ger March 10. 1857, and is now ovei
72 years of age and in very poor
health.
"In a sworn statement accompany
ing the Till she declares that her aver
age income from railroad bonds, etc.
is about S1,7OO per year.
I'm view OF the statements set fortl
, in the foregoing a majority Of YOU
committee recommend the passage o.
the bill when amended as follows: On
, line 8 strike out the words 'One hun
drcd' and insert In lieu thereof th'
word 'fifty'
"On line strike out the words
'brevet brigadier' and insert in liel
thereof the word major and in th'
same line strike out the word Army
and insert I'm lieu thereof the wor'
Volunteers
Senator McCumber read minorit,
report in which It was asserted tha
the claim for a special bill in behal
OF Mrs. Porter was wholly unjustifieS
from any viewpoint. II also helG
that the plea Of destitution could no
be urged in her behalf as. including
her present pension, she has an in
! come of S1,844 year, or $3.50
month.
4, 'This is not a case OF destitution.
the McCumber report concluded
"And If il is not a case Of destitu
! tion, what is it? Favoritsm, pure ant
! simple If Mrs. Porter Should be en-
titled to $500 per year pension, in ad
ditiOn 10 her present income iron
: other sources, then the widow OF ever,
+, other officer Of similar rank should
= receive the same, and she should re
! ceive ii under general law, lt is no
! the proper privince of either the com
! mittee or Congress 10 single out any
one for special favor If the genera
|, law does not grant sufficient pension
! to the widow of officers, then the gen
! eral law should be changed and mad
applicable to all cases. BY grantin:
this special favor to one who is no
y in need of IT We are committing
/ rank injustice to the hundreds WHIT
7 are refused and who are in neel
of it,"
Senator DUPONT made spirited re
I ply to that report. saying:
I The views of the minority, afte
: citing the rules of the Pension Com
!, mittee, which have already discussel
I in the case OF Mrs Hawkins, state
T that Mrs Porter's case is not a cas-
of destitution but of 'favoritism, pur
and simple and that if she shoul
be entitled to 5000 per year. as pro
, vided in the bill. in addition to he
. present income from other sources
Il then the widow of every other Office
!, lof similar rank should receive tn
= same, and that by granting this 'spe
cial favor we are committing a ran
Injustice to others.
L. Il take issue with these statements
y Mrs. Porter's case has nothing i
. common with the hundreds of othe
Q cases that have come before Congress.
1, Il is unique. Nothing like it ha
u ever occurred before and probabl
: viii never occur again. Gen. Porte
belonged to the Regular Army for a
!, most twenty-five years, his service in
" cluding both the Mexican and Civ
!, Wars. During the former war he wa
I, wounded I'm the heroic assault upo
y the Belen Gate of the City OF Mexico
the other two officers of his batter
= being killed. and % Of the 80 enliste
~ men which composed it being killed {
wounded. In the latter war he serve
y with great distinction and gallantr
~ until the autumn of 1862 when he wa