19 Ct. Cl. 509 | Ct. Cl. | 1884
delivered the opinion of the court:
The Act 30th June, 1876 (19 Stat. L., p. 65, ch. 157), allowed mileage to officers of the Navy u while engaged on public business.” The only evidence which the claimant; has introduced to show that, while traveling from Montevideo, Uruguay, to Sandy Point, Strait of Magellan, in December, 1880, he was on public business is the following order:
“Flagship Shenandoah, 2d rate,
“ Montevideo, Uruguay, December 21 st, 1880.
“ Sir : Take passage in the first steamer bound to Sandy Point, Strait of Magellan, at your own expense, and rejoin the Marion. On your arrival on board make such statement as you can to Commander F. M. Bunce regarding your absence from the Marion at the time of her departure from Montevideo.
“Respectfully, &c.,
“A. Bryson,
“ Rear-Adm’l, Commanding U. S. Naval Force,
u S. A. Station.
“ Acting Boatswain Xavier Perrimond, U. S. N.,
“ Montevideo, • Uy.”
The evidence does not sustain the case.
The learned counsel for the claimant contends that Admiral Bryson could not compel him to pay his own expenses. The admiral certainly could not, if the cause of his traveling was the public business. But it is also equally plain that if the claimant was not traveling on public business, the admiral
The judgment of the court is that the petition be dismissed.