Legal Opinion

Hite v. United States

United States Court of Claims

Decided March 12, 1906No. 22517Published

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, John M. Hite, was appointed assistant engineer in the United States Navy, with the relative rank of ensign, for temporary service during the late war with Spain, on May 14, 1898; he reported for duty on board the U. S. S. Massachusetts, in obedience to orders of the Navy Department, on June 1, 1898, and served creditably as such officer on said ship until…

Read the full summary

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. The claimant, John M. Hite, was appointed assistant engineer in the United States Navy, with the relative rank of ensign, for temporary service during the late war with Spain, on May 14, 1898; he reported for duty on board the U. S. S. Massachusetts, in obedience to orders of the Navy Department, on June 1, 1898, and served creditably as such officer on said ship until December 17, 1898, at which date he was detached and ordered to his home, and on December 22, 1898, was honorably…

1Opinion of the Court

Peelle, Ch. J.,

delivered the opinion of the court:

On May 14, 1898, the claimant herein was appointed and commissioned an assistant engineer in the temporary force of the Navy, under the provisions of the act of May 4,1898 (30 Stat. L., 369), in substance authorizing the President in case of exigency to appoint from civil life such officers to serve “ only during the continuance of the exigency under which *259their services are required in the existing war.” The claimant was assigned to duty on the U. S. S. Massachusetts, a vessel in commission, on which vessel he served creditably in Cuban…

2Cases cited3 opinions

  1. Emory v. United StatesUnited States Court of Claims · 1884
  2. United States v. NorthSupreme Court of the United States · 1884
  3. Thomas v. United StatesUnited States Court of Claims · 1903

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API