Perigo, Annie

64th Congress 2nd Session House of Representatives Document No.1844

ANNIE E PERIGO

Letter from the chief clerk of the court of claims transmitting a
copy of the findings of the court in the case of ANNIE E PERIGO widow of EPHRAIM Y PERIGO deceased, against the United States.

JANUARY 2 1917-Referred to the Committee on War Claims and ordered to be printed.

Court of Claims, Clerk's Office, Washington, December 28,1916.

The speaker of the House of Representatives.

Sir: Pursuant to the order of the court, I transmit herewith a
certified copy of the findings of fact and conclusion filed by the court in the aforesaid cause, which case was referred to this court by resolution of the House of Representatives, under the act of March 3,1911, known as the Judicial Code.

I am respectfully yours, SAM'L A PUTNAM., Chief Clerk Court of Claims.

Court of Claims Congressional No. 17228-278. ANNIE E PERIGO, widow of EPHAIM Y PERIGO, deceased V. the United States.

Statement of case,
This is a claim for three months extra pay for military service
during the Civil War. On July 17 1914 House Bill 14528 was referred to this court by resolution of the United States House of Representatives for proceedings under section 151 of the Judicial Code. The section of the bill which relates to this case reads as follows:

"That the Secretary of the Treasury be and he is hereby, authorized and directed, out of any money in the treasury not otherwise appropriated, to pay to each persons hereafter in this section named or if deceased to the party entitled thereto, the sum of $300, or so much thereof as may be necessary, being for three months pay proper of the grade held by each of them when honorably discharged from the volunteer service of the United States after March third eighteen hundred and sixty five, namely***EPHRAIM Y PERIGO,***

The claimant thereafter appeared in this court and filed a petition in which it is alleged in substance:
That she is a citizen of the United States residing in Boonville,
State of Indiana, and is the widow of EPHRAIM Y PERIGO, deceased.

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That EPHRAIM Y PERIGO was enrolled in the military service of the United States as Private, Company K, Forty Second Indiana Volunteer Infantry; that he was promoted first lieutenant, May 1 1865, and was honorably discharged July 20 1865.

That the act of March 3 1865(13 Stats 497) provides:
Sec 4 that all officers of Volunteers now in commission below the
rank of brigadier general who shall continue in the military service to the close of the war shall be entitled to receive upon being mustered out of said service three months pay proper.

That by the act of July 13 1866 (14 Stats 94) it was declared that
this act should be so construed as to entitle to the three months pay proper provided for therein all officers of volunteers below the rank of brigadier general who were in service on the third day of March, eighteen hundred and sixty five and whose resignations were presented and accepted or who were mustered out at their own request, or otherwise were honorably discharged from the service after the ninth day of April, eighteen hundred and sixty five. That a claim for the benefits of this law was presented to the accounting officers of the Treasury and disallowed. The amount claimed is $150. The case was brought to a hearing on its merit on the 23rd day of Oct 1916.

C D PENNEBAKER Esq appeared for the claimant and the Attorney General by P G WALKER Esq, his assistant and under his direction appeared for the defense and protection of the interests of the United States. The court upon the evidence and after considering the briefs and arguments of counsel on both sides makes the following:

Findings of Fact
The claimant ANNIE E PERIGO is a citizen of the United States residing at Boonville,Ind., and is widow of EPHRAIM Y PERIGO deceased and the only person before the court as a party to this proceeding, that decenant left five children namely JOHN W PERIGO of Evansville, IND.,JAMES F PERIGO, OLIVER P PERIGO, ARTHUR C PERIGO, and LUBY B MILLER all now residing at Boonville, IND.

Said EPHRAIM Y PERIGO was enrolled in the military service September 1 1861 for three years and was mustered in as a Private Company K Forty Second Indiana Volunteer Infantry. He reenlisted as a veteran volunteer January 1 1864 and was promoted and mustered in as first lieutenant May 1 1865, and mustered out with his company July 21 1865. No claim for three months extra pay proper under the act of March 3 1865 (13 Stats 497) as amended by the act of July 13 1866,(14 Stats 94) was ever presented to any officer or department of the government prior to the presentation to Congress and and referenced to this court as hereinbefore set forth in the statement of this case.

Conclusion:
Upon the foregoing findings of fact the court concludes that the
claim herein is neither a legal nor a equitable one against the
United States.

By the court, Filed December 11 1916, A true copy, Test this December 14 1916.
SAM'L A PUTNAM, Chief Clerk Court of Claims.