United States v. La Tourrette
Supreme Court of the United States
APPEAL FROM THE COURT OS CLAIMS. This was a petition filed in the Court of Claims by James A, M. La Tourrette, and prosecuted after his death by his executrix, to recover the sum of $333.75, for longevity pay as a chaplain in the Army from February 7, 1885, to April 26, 1887, inclusive.
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APPEAL FROM THE COURT OS CLAIMS. This was a petition filed in the Court of Claims by James A, M. La Tourrette, and prosecuted after his death by his executrix, to recover the sum of $333.75, for longevity pay as a chaplain in the Army from February 7, 1885, to April 26, 1887, inclusive. The facts found by the Court of Claims were in substance as follows: . ■ ' On February 6, 1865, the claimant was-elected and appointed chaplain for the post of Fort Columbus, New York Harbor, by the council of administration at the post, under the provisions of the act of July 5, 1838, c. 162, §18; and of the…
1Opinion of the CourtJustice Gray
This claim for longevity pay is based on the' provision of the act of .July 15, 1870, c. 294, § 24, reenacted in the Revised Statutes, by which “ there shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each term of five years of service.” 16 Stat. 320 ; Rev. Stat. § 1262..“Service” in this statute evidently, as both parties admit, means military service; and the question is whether the claimant was in that service from February 6, 1865„to…
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