OPINION OF THE SOLICITOR OF THE WAR DEPARTMENT. Section 10 of the act approved February 24, 1864, directs the exemption from enrollment and draft of "all persons actually in the military or naval service of the United States at the time of the draft." The Solicitor of the War Department, in an opinion given July 26, 1864, relative to an application for the exemption of members of the one-hundred-days' militia of the State of New York, under this provision of the law, held that— 66 By the true construction of the act those persons only who shall be actually in the service of the United States at the time when their respective names shall be drafted will be exempted from that draft, if such exemption shall be duly claimed." In a telegram to Lieut. Col. James Oakes, acting assistant provost-marshal-general of Illinois, dated September 25, 1864, the Provost-Marshal-General of the United States said: "One-hundred-day men actually in service when drafted are entitled to exemption." The only general laws hitherto enacted for refunding commutation money collected from drafted men in the late war for the suppression of the rebellion are the following An act approved February 28, 1867 (14 Stat. L., p. 417); and the act of March 1, 1869 (15 Stat. L., p. 282). The $300 commutation money was refunded under the acts of Congress of February 28, 1867, and March 1, 1869, but under said acts the period within which claims could be filed expired by limitation on February 28, 1871. CLAIMS OF OFFICERS AND ENLISTED MEN OF THE ARMY [23 Stat. L., p. 350.] AN ACT To provide for the settlement of the claims of officers and enlisted men of the Army for loss of private property destroyed in the military service of the United States. officers to set officers and Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the proper accounting officers of the Treasury Accounting be, and they are hereby, authorized and directed to ex- tle claims of amine into, ascertain, and determine the value of the pri- men in milivate property belonging to officers and enlisted men in tary service for the military service of the United States which has been, or destroyed. or may hereafter be, lost or destroyed in the militry service, under the following circumstances: First. When such loss of destruction was without fault or negligence on the part of the claimant. property lost When loss or destruction was without fault or negligence. When shipped by order on unseaworthy vessel. When lost in saving prop States. Provisos. Second. Where the private property so lost or destroyed was shipped on board an unseaworthy vessel by order of any officer authorized to give such order or direct such shipment. Third. Where it appears that the loss or destruction of erty of United the private property of the claimant was in consequence of his having given his attention to the saving of the property belonging to the United States which was in danger at the same time and under similar circumstances. Payment out And the amount of such loss so ascertained and determined of Treasury. shall be paid out of any money in the Treasury not otherwise appropriated, and shall be in full for all such loss or damage: Provided. That any claim which shall be presented and acted on under authority of this act shall be held as finally determined, and shall never thereafter be reopened or considered: And provided further, That this act shall not apply to losses sustained in time of war or hostilities with Indians: And provided further, That the liability of the Government under this act shall be limited to such articles of personal property as the Secretary of War, in his discretion shall decide to be reasonable, useful, necessary, and proper for such officer or soldier while in quarters, engaged in the public service, in the line of Claims to be duty: And provided further, That all claims now existing shall be presented within two years and not after from the passage of this act; and all such claims hereafter arising be presented within two years from the occurrence of the loss or destruction. presented in two years. Auditor for examines this Approved, March 3, 1885. NOTE. The Auditor for the War Department examines this class of claims. Five hundred and thirty (530) claims have been prethe War Dept. sented to that office under the provisions of the act apclass of claims. proved March 3, 1885. The act does not provide reimNumber of bursement for losses in time of war. claims presented. Payment for horses and lost or de CLAIMS OF OFFICERS AND SOLDIERS FOR LOSSES OF ACTS OF CONGRESS IN RELATION TO HORSES OR HORSE [9 Stat. L., p. 414.] AN ACT To provide for the payment of horses and other property lost or Be it enacted by the Senate and House of Representa- ice of the has sustained or shall sustain damage, without any fault or negligence on his part, while in said service by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died or shall die of said wound, or, being so wounded, shall be abandoned, by order of his officer, and lost, or shall sustain damage by the loss of any horse by death or abandonment because of the unavoidable dangers of the sea when on board an United States transport vessel, or because the United States failed to supply transportation for the horse, and the owner was compelled by the order of his commanding officer to embark and leave him, or in consequence of the United States failing to supply sufficient forage, or beçause the rider was dismounted and separated from his horse and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command ordered, or shall order, the horse turned out to graze in the woods, prairies, or commons, because the United States failed, or shall fail, to supply sufficient forage, and the loss was or shall be consequent thereof, or for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof, not to exceed two hundred dollars: Provided, That if any payment has been, or shall be, made to anyone aforesaid, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made, or shall make, the payment, or thereafter show, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot: And provided also, If any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements. Proviso. Proviso. provided for oxen, etc., cap emy. SEC. 2. That any person who has sustained, or shall Payment sustain, damage by the capture or destruction by an horses, mules, enemy, or by the abandonment or destruction by the order tured or de of the commanding general, the commanding officer, or stroyed by enquartermaster, of any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, and any person who has sustained, or shall sustain, damage by the death or abandonment and loss of any such horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, and any person who has lost, or shall lose, or has had, or shall have, destroyed by unavoidable accident, any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such Proviso. Claims pro vided for by Auditor of property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, It shall appear that such loss, capture, abandonment, destruction, or death was without any fault or negligence on the part of the owner of the property, and while it was actually employed in the service of the United States. SEC. 3. That the claims provided for under this act this, to be ad- shall be adjusted by the Third Auditor, under such rules justed by Third as shall be prescribed by the Secretary of War, under the Treasury. direction or with the assent of the President of the United States, as well in regard to the receipt of applications of claimants as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as in the opinion of the President shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individuals justice as to the interest of the United States; which rules and regulations shall be published for four weeks in such newspapers, in which the laws of the United States are published, as the Secretary of War shall direct. Adjudications upon claims to be recorded by Third Auditor, and when favorable, to be paid, etc. Parents or guardians to be allowed for SEC. 4. That all adjudications of said Auditor upon the claims above mentioned, whether such judgments be in favor of or adverse to the claim, shall be entered in book provided by him for that purpose and under his direction: and when such judgments shall be in favor of such claim the claimant or his legal representative shall be entitled to the amount thereof upon the production of a copy thereof, certified by said Auditor, at the Treasury of the United States. SEC. 5. That in all instances where any minor has been, or shall be, engaged in the military service of the United lost horses, etc. States, and was, or shall be, provided with a horse or equipments, or with military accoutrement by his parent or guardian, and has died, or shall die, without paying for said property, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, said parent or guardian shall be allowed pay therefor on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same. When persons other than minors vided with horses, etc., owners to be paid. SEC. 6. That in all instances where any person other than a minor has been, or shall be, engaged in the milihave been pro-tary service aforesaid, and has been, or shall be, provided with a horse or equipment, or with military accoutrements by any person, the owner thereof, who has risked, or shall take the risk of such horse, equipments, or military accoutrements on himself, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, such owner shall be allowed pay therefor on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same and having taken the risk on himself. demned as un of want of for for. SEC. 7. That in all cases where horses have been con- Horses condemned by a board of officers, on account of their unfit- fit for service, ness for service, in consequence of the Government fail- in consequence ing to supply forage, all such horses and their equipage age, to be paid shall be allowed and paid for whenever the facts shall be proven by legal and satisfactory evidence, whether oral or written, that such condemned horse and the equipage was turned over to a quartermaster of the Army, whether any receipt therefor was given and produced or not. Approved, March 3, 1849. [13 Stat. L., sec. 6, p. 160.] [Extract from AN ACT Making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1865, and for other purposes.] * * * * * SEC. 6. And be it further enacted, That in executing Testimony may be taken, the act of the third of March, eighteen hundred and forty- etc., in investigating claims nine, and the act amendatory thereof, provided for under act of payment for steamboats and other vessels and railroad 1849. engines or cars lost or destroyed while in the military service of the United States, the Third Auditor of the Treasury be, and he is hereby, authorized in person, or in such manner as he may deem most compatible with the public interests, to take testimony and make such investigations as he may deem necessary in adjudicating claims filed under said act, and for such necessary expenses incurred therein payment may be made out of the appropriation contained in said act, upon proper vouchers certified and approved by the Third Auditor. Approved, June 25, 1864. [13 Stat. L., p. 182.] AN ACT to amend AN ACT Entitled "An act to provide for the payment of horses and other property destroyed in the military service of the United States." officers lost by Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to which this is an amendment shall, Property of from the commencement of the present rebellion, extend capture by ento and embrace all cases of the loss of horses by any officer, emy to be paid non-commissioned officer, or private in the military service of the United States, while in the line of their duty in such service, by capture by the enemy, whenever it shall appear that such officer, non-commissioned officer, or private was or shall be ordered by his superior officer to surrender to the enemy, and such capture was or shall be made in pursuance of such surrender. Approved, June 25, 1864. |