United States v. Watson

Decision Date11 March 1889
Citation32 L.Ed. 852,9 S.Ct. 430,130 U.S. 80
PartiesUNITED STATES v. WATSON
CourtU.S. Supreme Court

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 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 general officers shall not hereafter be excluded from receiving the additional ration for every five years' service; and it is hereby further provided that officers on the retired list of the army shall have the same allowance of additional rations for every five years' service as officers in active service.' Act of July 15, 1870, now section 1262, Rev. St.: 'There shall be allowed and paid to each commissioned officer below the rank of brigadier general, including chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each term of five years of service.'

That cadets at West Point were always part of the army, and that service as a cadet was always actual service in the army, has been settled by the decision of this court in the case of U. S. v. Morton, 112 U. S. 1, 5 Sup. Ct. Rep. 1, in which a question almost identical with the one now before...

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  • Friedman v. United States
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