Legal Opinion

Lopez v. United States

United States Court of Claims

Decided February 1, 1909No. 29886Published

The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Robert F. Lopez, was on, and some time prior to’, July 22, 1904, a lieutenant-commander in the United States Navy with more than twenty years’ service, and was in command of the torpedo-boat destroyer Preble. II. The Preble had no pay officer assigned to duty on board.

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The Reporters' statement of the case: The following are the facts of the case as found by the court: I. The claimant, Robert F. Lopez, was on, and some time prior to’, July 22, 1904, a lieutenant-commander in the United States Navy with more than twenty years’ service, and was in command of the torpedo-boat destroyer Preble. II. The Preble had no pay officer assigned to duty on board. The claimant tinder the following appointment, viz: . “ U. S. T. B. D. Preble, “Mare Island, Gal., July £2,1901^. Sir: You are hereby appointed acting commissary, in accordance with article 387, paragraph 5,…

1Opinion of the CourtBooth, J.

The findings in this case disclose a situation certainly unique and somewhat perplexing. The claimant was in command of the torpedo-boat destroyer Preble; there was no paymaster or other pay officer aboard the vessel, and the claimant on July 22, 1904, in a formal written order addressed to himself, detailed himself as acting commissary.

*222“ Sec. 1261. The officers of the army shall be entitled to the pay herein stated after their respective designations:
“Acting assistant commissary: one hundred dollars a year, in addition to pay of his rank.”

This was by section 13 of the act of June 30, 1899…

2Cases cited1 opinion

  1. Humphreys v. United StatesUnited States Court of Claims · 1903

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