Legal Opinion

Jefferis v. United States

United States Court of Claims

Decided October 27, 1919No. 33992Published

The Reporter's statement of the case: This claim arises out of the delay of the War Department in putting into effect the provisions of section 16 of the' national defense act. of June 8, 1916, 89 Stat., 176, giving veterinarians rank as commissioned officers in the Army. For this delay the officers for whom Congress intended the benefit should not be thereby prejudiced.

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The Reporter's statement of the case: This claim arises out of the delay of the War Department in putting into effect the provisions of section 16 of the' national defense act. of June 8, 1916, 89 Stat., 176, giving veterinarians rank as commissioned officers in the Army. For this delay the officers for whom Congress intended the benefit should not be thereby prejudiced. The portion of section 16 of the act of June 3, 1916, under which the claimant was commissioned provides that those veterinarians “ who at the date of the approval of this act ¡di all have had over fifteen years’ governmental…

1Opinion of the CourtHay, Judge

The plaintiff in this case claims that by virtue of section 16 of the act of June 3, 1916, 39 Stat., 176 he is entitled to pay as captain from the date of said act notwithstanding the fact that he was not appointed to the rank of captain under that act until the 22d day of March, 1917.

The provisions of section 16 of said act are as follows:

“ Sec. 16. The President is hereby authorized, by and with the advice and consent of the Senate, to appoint veterinarians and assistant veterinarians in the Army, not to exceed, including- veterinarians now in service, two such officers for each regiment of…

2Cases cited1 opinion

  1. Seifert v. United StatesUnited States Court of Claims · 1917

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