John D. Murphy Claim

John D. Murphy Claim



VIRGINIA MURPHY.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF VIRGINIA MURPHY, WIDOW OF JOHN D. MURPHY, DECEASED, AGAINST THE UNITED STATES.

April 20, 1912 Referred to the Committee on Claims and ordered to be printed.

Court Of Claims, Clerk's Office,
Washington, April 19, 1912. Hon. James S. Sherman,
President of the Senate.

Sir: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact and conclusion filed by the court in the aforesaid cause, which cose was referred to this court by resolution of the United States Senate, under the act of March 3, 1887, known as the Tucker Act.

1 am, very respectfully yours,
John Randolph, Assistant Clerk Court of Claims.

[Court of Claims of the United States. Congressional, No. 14247-698. Virginia Murphy, widow of John D. Murphy, deceased, v. The United States.)

STATEMENT OF CASE.
This is a claim for payment of travel allowances alleged to be due said decedent, as one of the beneficiaries under Senate bill 9501, which was referred to this court May 22, 1908, by resolution of the United States Senate for proceedings under the act of March 3, 1887, known as the Tucker Act. The second section of said bill is applicable in this case, and reads as follows:

"SEC. 2. That the Secretary of the Treasury be, and he is hereby, authorized and directed, out of any money in the Treasury not otherwise appropriated, to pay to each of the following persons named in this section, or if deceased, to the party entitled thereto, the sum of five hundred dollars, or so much thereof as may be necessary, being for travel allowance when honorably discharged from the military service of the United States, namely, *'* * John D. Murphy. * * *."

The claimant thereafter appeared in this court and filed her petition, in which she makes the following allegations:

That she is a citizen of the United States resident in the county of Johnson, State of Kansas, and is one of the proposed beneficiaries named in said bill 9501 as widow of John D. Murphy, deceased.

That said John D. Murphy was on or about June 10, 1862, in the military service of the United States serving as second lieutenant, Company F, Fourteenth Kentucky Infantry Volunteers; that he then tendered his resignation through military channels, which was accepted, and he was honorably discharged from the service; that under the law then in force (sec. 15, act Jan. 29, 1813, 2 Stats., 796) any officer discharged from the service, except by way of punishment for an offense, was allowed his travel pay and rations commuted in the manner and at the rate therein provided; that he was denied a claim for travel allowances by the accounting officers of the Treasury on the authority of the case of Sweet i;. United States (189 U. S., 471); and that thereupon he applied to Congress for relief, and the claim was referred to this court as hereinbefore recited.

The case was brought to a hearing on its merits on the 19th day of October, 1910.

C. D. Pennebaker, Esq., appeared for the claimant, and the Attorney General, by W. W. Scott, Esq., his assistant, and under his direction, appeared for the defense and protection of the interests of the United States.

The court, upon the evidence and after considering the briefs and arguments of counsel on both sides, makes the following

FINDINGS OF FACT.
I. Claimant's decedent, John D. Murphy, , was enrolled in the military service of the United States at Louisa, Ky., for service in the Fourteenth Kentucky Infantry, and was honorably discharged as second lieutenant, June 28, 1862, at Cumberland Gap, Tenn., on tender of his resignation for his personal convenience. He was not furnished transportation in kind or subsistence, and has not been paid travel pay or travel subsistence from Cumberland Gap, Tenn., to Louisa, Ky.

II. The travel pay and travel subsistence of a second lieutenant of Infantry from Cumberland Gap, Tenn., to Louisa, Ky., 422 miles, at the rate of one day's pay and one day's subsistence (4 rations per day) for every 20 miles of travel between said points, amounts to fifty-six dollars and ninety-seven cents ($56.97).

III. Claimant's decedent applied to the accounting officers of the Treasury for travel allowances and his claim was disallowed upon the ground that he was discharged for his personal convenience.

Except as above stated, the claim was never presented to any officer or department of the Government prior to its presentation to Congress and reference to this court as hereinbefore set forth, and no reason is given to show why said claim was not earlier prosecuted.

Conclusion.
Upon the foregoing findings of fact the court concludes, on the authority of the case of Sweet v. United States (189 U. S., 471,) that the claim herein is neither a legal nor an equitable one against the United States, they having received no benefit therefrom, and any payment thereof rests in the bounty of Congress.

By The Court. Filed February 26, 1912. A true copy. Test this 18th day of April, 1912.

[seal.] John Randolph,



Source: Reports, Documents, and Journals of the U.S. Senate and House of Representatives.United States Congressional Serial Set, By United States Government Printing Office; Published by U.S. G.P.O., 1912, pp. 588/89


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