Legal Opinion

Hawkins v. United States

United States Court of Claims

Decided December 20, 1904No. 22396PublishedCited by 4 opinions

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 26th dajr of April, 1898, and prior thereto, the claimant was an assistant surgeon, with the rank of captain, in the organized militia of the State of Indiana in service therein in the First Regiment of Infantry, Indiana National Guard. II.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. On the 26th dajr of April, 1898, and prior thereto, the claimant was an assistant surgeon, with the rank of captain, in the organized militia of the State of Indiana in service therein in the First Regiment of Infantry, Indiana National Guard. II. The regiment was organized by virtue of a law of the State of Indiana, as follows: “7701. Regimental and battalion staffs. 18. The regimental staff shall consist of a surgeon, with the rank of major; an assistant surgeon, with the rank óf captain;…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

At the outbreak of the Spanish war, it appears to the court, the military forces of the United States consisted of three classes: The first was the Regular Army; the second was the volunteer regiments; the third was the State militia regiments which were received into the service as they then existed. As to the second class, the Act 22d April, 1898 (30 Stat. L., p. 362, sec. 6), enacted, specially, that each regiment of the Volunteer Army shall have one surgeon and two assistant surgeons. This was contained in the first proviso to the sixth…

2Cases cited2 opinions

  1. Wood v. United StatesUnited States Court of Claims · 1879
  2. McClure v. United StatesUnited States Court of Claims · 1883

3Cited by4 opinions

  1. Moser v. United StatesUnited States Court of Claims · 1907
  2. Cloud v. United StatesUnited States Court of Claims · 1907
  3. Mason v. United StatesUnited States Court of Claims · 1911
  4. Nutt v. United StatesUnited States Court of Claims · 1906

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