United States v. Watson

• Court: United States Supreme Court
• Writing for the Court: LAMAR
• Citation: 32 L.Ed. 852,9 S.Ct. 430,130 U.S. 80
• Parties: UNITED STATES v. WATSON
• Decision Date: 11 March 1889

130 U.S. 80 9 S.Ct. 430 32 L.Ed. 852 UNITED STATES v. WATSON. March 11, 1889.

Asst. Atty. Gen. Howard and F. P. L. wees, for appellant.

W. W. Worden, for appellee.

LAMAR, J.

On the 24th of February, 1886, the appellee, Malbone F. Watson, filed his petition in the court of claims, in substance as follows: Claimant entered the United States Military Academy as a cadet, July 1, 1856; was appointed a second lieutenant of cavalry, May 6, 1861; first lieutenant of artillery, May 14, 1861; captain, March 9, 1866; retired from active service for loss of his right leg from wound received in line of duty, September 18, 1868. In computing his service for longevity pay he claims to be entitled to count his time as a cadet, under the acts of July 5, 1838, (5 St. 256;) March 2, 1867, § 9, (14 St. 423;) July 15, 1870, (Rev. St. 1262.) By so crediting his service, claimant alleges there is due him up to the time of filing his petition thesum of $2,611.10. To this petition the United States filed a general demurrer, which was sustained as to that part of claim accruing six years before the filing of the petition, and overruled as to the rest of it, without prejudice. The court thereupon rendered

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judgment in favor of claimant for $126.22. The United States appealed. The ground upon which this judgment rests is that the time of the service of claimant as a cadet in the Military Academy at West Point is to be regarded as a part of the time he served in the army, within the meaning of the act of July 5, 1838, and should be counted in computing his longevity pay under that act; and that he is entitled to receive so much of the amount thereon thus computed as is not barred by the statute of limitations.

The provisions of the acts of congress relied upon as the foundation of the claim of the appellee are as follows: Section 15, act July 5, 1838: 'Every commissioned officer of the line or staff, exclusive of general officers, shall be entitled to receive one additional ration per diem for every five years he may have served or shall serve in the army of the United States: provided, that in certain cases, where officers are entitled to and receive double rations, the additional one allowed in this section shall not be included in the number to be doubled.' Section 9, act March 2, 1867: 'That section 15 of the 'Act to increase the present military establishment of the United States, and for other purposes,' approved July 5, 1838, be amended so that...