*1 CLYATT 207 Syllabus. U. S. to be a Superior city Now that have increased grown they He value. in financial con- largely engaged operations, debts on the strength tracted based responsibility upon of these and ownership lands, finally he became so deeply that the property debt into the passed possession receiver at the instance his appointed creditors. Although bona the latter not be technically yet purchaser, fide he holds lands those who have dealt with the defendant Stinson, on the faith of. ownership, they are equitably entitled to protection. the Circuit
Further, Court, review the testimony, found that there was' no fraud decreed a dismissal, and decree finding approved by Court of Ap- While such a peals. not conclusive finding upon court, it is yet entitled to receive great consideration, and will not be disturbed unless plainly testimony. against all these we are of the
Putting things together, opinion that the decree of the Circuit Court it is right,
Affirmed. CLYATT v. UNITED STATES. THE
CERTIORARI TO CIRCUIT COURT OP APPEALS FOR THE FIFTH
CIRCUIT. Argued 14, December March No. 235. 13, 1905. 1904.Decided Peonage compulsory upon a status condition service based the in- to the master. The service enforced debtedness unless the created, paid, involuntary, it is debt be and however servitude within the prohibition of Thirteenth Amendment to the Federal Constitution. ordinary subject are While the relations of individuals individuals to the Government, the General Thir- of the States and not to control grants prohibition enforce teenth Amendment TERM, 1904.
Statement of the Case. servitude, including punish persons peonage, and peonage; Rev. Stat. are §§ valid another in *2 operate legislation directly every on person and vio- under such Territory provisions lating their whether in State or and whether there municipal any sanctioning holding. ordinance or state law be or not such charging had under an indictment cannot be defendants with Conviction peonage proof returning persons to a condition of certain unless there is persons actually prior so returned had been in such that the condition returning them thereto. alleged act of the referring empanelling exceptions, jury, after the bill of the of the Where produced witnesses, plaintiff that the in contains recitals followed each testimony of of of the witness at the close all which there case the rested, parties these are farther recitals that the statements suffi- effect, cient, a in the absence of technical affirmative recital that even exceptions testimony, bill of contains all the to show that the de- deprived question of a full the is not to be consideration of of fendant omission; and in guilt by such even the absence of a motion to in- jury may find the the defendant this court examine struct question plain it where that error has been committed. severe be condemnation to the conduct No matter how due crime, party charged duty it is with of the court to see that all the proved testimony or elements crime are is offered which finding justifies jury in those elements. read; and 5526, Stat., Rev. Sections of any service or labor person “Sec. as known system (cid:127)under abolished and forever Territory in thé or in New.Mexico, any other prohibited , of the United and all Territory States; acts, laws, or State or Territory resolutions,. orders, usages regulations, Territory or of other or which have any State, Mexico, New or or established, enforced, by virtue maintained, heretofore shall be made to any attempt establish, of which hereafter enforce, indirectly, voluntary or or or maintain, directly any service or labor of in peons, .persons liquida- any otherwise, debt or or are declared null tion obligation, and void.” Every* holds, arrests, returns, who. or person “Sec.
n causesto be returned, manner héld, arrested, any aids or return of condition of person the arrest peonage, fine not less one nor punished than shall thousand CLYATT UNITED STATES. Argument for Plaintiff Error. not less dollars, by imprisonment five thousand than
more more than five years, nor both.” one year than into the 21, 1901, jury returned grand November On District of-the States the Northern Court Circuit in two of which is counts, an indictment first of Florida ... as follows: America, United States of em “The- jurors grand aforesaid, sworn within and for the district paneled heretofore, one M. Clyatt, their oaths Samuel present,’ day year our to wit: on the eleventh February, one, county one nine hundred and Lord thousand within Florida, aforesaid, State of within the district Levy, court, unlawfully of this did then iand there jurisdiction Will Ridley return one Gordon and Mose knowingly to a the will of by forcibly condition *3 the said Will Gordon and the-said Mose return them, Ridley, Ridley Will to work them the said Gordon-and Mose ing for and Clyatt, Clyatt, Tift, and Samuel M. H. H. co- D..T. style business. under the name and partners doing firm. Tift, held, by them, Tift,, & be the said & Clyatt Clyatt .to said them, work out a debt claimed to due the & Clyatt said and by.the Ridley; contrary Will Gordon Mose Tift, in such the form of statute case made and and provided, and Ofthe United States.” peace against dignity differs in only second count that defendant charging The. caused and aided in Gordon and A trial returning Ridley. in resulted a verdict and the defendant guilty, thereupon was sentenced to confinement years. at hard labor for four case was taken on writ to the Court of appropriate Ap- Fifth peals Circuit, which certified to this court three questions. Subsequently the entire record was here brought on writ of certiorari and the .a case was heard on its merits. .
Mr. W. G: and A. Brantley Mr. Bacon, 0. with whom Mr. M.W. Hammond was on the brief, for in error: plaintiff laws, Rev. 1990, 1991, 5522, Stat. anti-peonage §§ §§ cxovii—14
YOL. TERM,
Argument Plaintiff in Error. 546, the act of Stat. define 1867,14 aiid do not definition see Standard, Webster, Worcester, peonage—for Law, Law, Dictionaries; Black’s Anderson’s Century, Jaremillo Romero, 1 New Mex. 190; given Congress, Cong. vol. Pt. Pt. see Life Globe, 239, 764, 789, 3, 1571; also 1, pp. Corwin, of Thomas 473; Rep. Fed. Speeches status and the act of was directed is a Peonage legal as then New Mexico. system peonage existing against not Individual acts were legislated against. so far as act,
The true intent the States meaning was to them from concerned, prevent establishing or from or en- “system” peonage enacting, maintaining, resolutions, orders, “laws, forcing regulations, usages” far could be enforced. So as the States are act concerned, specifically is directed them as against is directed in- individuals it are the States; only dividuals the Territories.
. not make any law, The act void regulation, etc., does usage, in- merely which there maintained voluntary or’ labor of a voluntary person liquidation service debt or obligation. it is from the act, clear
“Peonage,” something authorized, State, or maintained An Territory. recognized, create individual cannot it. Congress endeavoring legislate
Nor because effect, Amendment into the terms “slavery” act, servitude” do “involuntary appear is used and the words “as “voluntary service,” peons,” term *4 had in mind different from Congress something showing named in the servitude” Amendment. “involuntary or Florida no law Georgia The record discloses creating as system or New practiced sanctioning Mexico. resolution, order, no law, usage
There State being is maintained, established, enforced, which “peonage” citizen of citizen in another depriving liberty. the act CLYATT v. 211 (cid:127) Argument Plaintiff Error. 197 U. S. name, other merely
call the offense “peonage” The an individual. wrong private act of wrong exclusively it is vested the State. Such power punish within police punishment State, .comes has no Our jurisdiction punish system same. have a is dual one. We National Government government Each has certain powers, and a state duties government. proper each jurisdictions, sovereign sphere. States is one of The Government United enumerated to the see As to reserved States Ninth and powers. powers 14 Amendments; Illinois, 17; How. 13, Tenth Moore v. United 1 DeWitt, 45; Hunter, 9 Wall. Marlin v. States v. Wheat. Slaughter Cases, 36; House Wall. United States 304, 326; v. 16 v. 123 Cruikshank, 542; Groover, 1, 31; U. S. 92 Coffee v. New v. 11 Fox, Miln, United States U. S. 670: York 95 Pet. 103. personal
If there be but
kind of
we sub
liberty —and
mit there is
one—its
the lawless
protection
against
acts
be with
of individuals
lawless violence must
either
against
the United
be with
the State or
States.
cannot
both.
jurisdiction by
There is no such
concurrent
State
thing
States over the same criminal
the United
Sec
offenses..
States
Stat.;
Cruikshank,
tion
Rev.
United
U.
Fox v.
550;
Ogden,
1, 234;
Gibbons v.
9 Wheat.
United States,
559;
Mangold
States,
v. United
How.
434;
5 How.
Cross v.
The act of 1867 not directed a law or being license of- a State permitting slavery involuntary servitude, legislation same is not “appropriate” under the *5 212 TERM, 1904.
Argument for Plaintiff in Error.
U.
197
S.
Plessy
Amendment.
v. Ferguson,
542;
aimed States words language. as a for crime whereof the shall “except party punishment ” convicted necessarily only have been could to the duly apply full is States, scope Amendment meaning Cases, made House 16 plain. Slaughter language Wall. 12 States, v. United Fed. 36, 69; Le Grand and note on Rep. Fed. Parrott, Turner, 1 Re 1 583; Rep. 481; Re Tiburcher Ab p. 84; California, and see 28 458; bott’s U. S. 40 California, 198. Amendment also is an The Fourteenth against inhibition' the Fifth is Amendment not—the victim a the States of his life without due process murderer of law deprived punished only murderer can be under the law; but the state a man in apply the same rule should servitude liberty. him of deprives Thirteenth and Fifth, Fourteenth Amend- Considering, they liberty with and the prohibitory deal ments together laws, state National. United v. States against feature one Undoubtedly 48 Fed. detained Sanges, Rep. freedom under the Thirteenth slavery can be set at Amend- 1 Abb. S. Re Turner, 84; Quah, U. Sah 31 Fed. ment. Re mean does not the person depriving but that Rep. him can be the National his-liberty punished Govern- State. The offense ment. the citizens of the over of Congress
The power
of the States was
broadened
the police
over
or Fifteenth Amendments.
Fourteenth
Thirteenth,
either the
339;
U.
Powell
Ex
S.
Virginia,
100
parte
cited supra,
Cases
678;
Texas,
v.
Leeper
v. Pennsylvania,
James
Rep.
301;
16 Fed.
v.
Owensboro,
v.
463; Claybrook
CLYATT
Argument for
United States.
U.
n
interpretations,
admits of two
of Congress
If an act
*6
of
beyond
other
constitutional
within
former
construction.
adopt
must
courts
Congress,
The act of 1867 The indictment is in in that State. system peonage no and the did offense, proof sufficient, defining mot had been committed. United States v. crime any show that 252, Fed. Rep. 127 Eberhart, construction of the act of reasonable and proper
Under
of one for
the conviction
order to authorize
returning
necessary
it is
allege
a condition
another to
to show
some
by proof
'and
the indictment
existence
State
order,
usage”
resolution,
regulation,
“act,
have been committed “by.
the offense
alleged
where
“return to a condition of
said
peonage”
of which”
virtue
or sanctioned.
authorized, permitted,
Rev.
Stat.,
ambiguous.
Neal
The language
§
708; Kohlsaat v.
Murphy,
159;
Clark,
v.
95
The Attorney brief, was .on the for the United States: Purdy General Thirteenth Amend- under the plenary power system "any- the existence of peonage ment to prohibit . States as a form of the United within the jurisdiction where TERM,
214 Argument for the United States. U. 197 S. of involuntary servitude, and make also to it a criminal offense individual hold, arrest, or return any to a person condition peonage.
As to term see servitude Northwest Territory Ordinance of Robertson 1787; Baldwin, v. U. S. 275, 165 282; House Law, 237; 36; Const. 16 Cooley Slaughter Cases, Wall. Civil U. Rights Cases, 3, 20; Ferguson, 109 v. Plessy 163 U. S. 537, 542. of,Mexican system peonage person
to a is involuntary condition servitude within the Romero, Constitution. Jaremillo Gilder meaning M.), sleeve (N. citations; historical Yoakum’s Hist, Hist, of Texas, 262; Mexico, 6 Bancroft’s 612; XIII El 9.17; 231; New International Davis's Fiske’s Ency. Gringo, *7 Hist, of of 1 Bancroft’s Pacific Discovery America, 427-442; 262; Laws of Mexico, New 1850-1860. Peonage of the master to the compel The power specific performance of an contract for ordinary personal services never been either the or those of by laws the recognized England In case the servant abandoned the service United States. of his of the the completion contract, master before the master an recover damages could maintain action to because always breach such but could never a contract, of the compel Charles Manley Smith Master and specific performance. cases cited. Servant, chap. IX, p. and forcibly
The unlawfully returning arresting act a the of such custody person's creditor, person control labor him held of the debtor to to pay will by is of the of the States within a violation laws debt, of section 5526 of Revised Statutes of the meaning It was the United States. intent legislative Sess., so Sen. 2d 39th enact. Cong. Reports, day to the definitions of lexicographers According a person compelled by tlie word was not confined to “peon” service in perform involuntary liquidation master contract, debt but included personal service, under a 215 CLYATT UNITED of the Court. Opinion 197 creditor bound to serve his person which service was paid. debt until a state statute usage or nonexistence existence
The system peonage or sanctioning creating and effect 5526 far as the immaterial, operation so wholly § Cases, Peonage of individuals. the acts upon is concerned, Fed. Rep. 123 state- after making foregoing
Mr. Justice Brewer, court. opinion delivered ment, constitutionality and sections scope our They the first consideration. questions pro*- present What is- be defined as hibit peonage. peonage? or condition of based compulsory service, upon status master. basal fact indebtedness As said Benedict, indebtedness. Judge delivering Romero, Jaremillo v. N. Mex. “One opinion 190, 194: fact all universally; existed were indebted their masters. This was the cord seemed bound to they their masters’ this is based a condition of Upon service.” serv- compulsory ice. sometimes classified as or invol- Peonage voluntary untary, implies simply difference the mode of but none the character of the origin, servitude. The one exists where the debtor voluntarily contracts to enter the service of his creditor. The other is forced the debtor upon *8 some of law. But by provision however is created, service, involuntary compulsory servitude. The can re- therefrom, lease himself it is true, by payment of the debt, clear, but otherwise the service is enforced. A distinction exists between voluntary performance of labor or services rendering payment debt. In the latter case the debtor, though his contracting pay indebt- by edness labor or service, subject like other con- any contract, to an tractor action for for breach damages can elect at time any to break it, no law or compels force TERM,
Opinion of the Court. aÜ. a continuance of the need or service. performance We to consider limits or such any possible exceptional cases, stop of a Baldwin, as the service Robertson 165 U. sailor, of a its or of parents, child to an obligations apprentice to his or the to make master, power unlawful legislature an an criminally by abandonment punish employé labQr in is any extreme That which contem- post cases. plated the statute service to secure by compulsory pay- Is ment within Con- legislation power debt. be conceded as a gress? general proposition relations of' to individual ordinary subject individual are control of the are 'the States and not entrusted to the General Amendment, but the as an Government, adopted outcome of civil reads: war, nor servitude,
"Sec. slavery except Neither for crime whereof .have been party as a shall punishment States, -shall exist within the United' duly convicted, any jurisdiction. to their place subject shall have to enforce this article power "Sec. 2. Congress by appropriate legislation.”
This amendment denounces a status or irre- condition, manner it spective authority created. of the Fourteenth and Fifteenth prohibitions Amend- ments are the acts upon but Thir- largely no authority, teenth Amendment names party simply involuntary servitude, slavery grants forbids to enforce this prohibition appropriate legislation. The differences between the Thirteenth and Amend- subsequent have so considered this court that it is ments been fully Rights to the' In the Civil Cases, refer decisions. enough the opinion Mr. Justice 3, 20, 23, Bradley, delivering court, uses this language: Fourteenth, undoubtedly "This as well as the Amendment, without so far' as its self-executing ancillary, legislation, are terms state of circumstances. applicable any existing own unaided force By slavery, and effect it abolished
CLYATT Opinion the Court. be nec- Still, may universal freedom. legislation established all the cases and circum- meet various essary and proper modes of proper and to by- it, prescribe affected stances n letter or And such spirit. legisla- for its violation in redress in its for the amend- character; and direct tion bemay primary or of state laws is not-a mere prohibition establishing, ment slavery an absolute declaration that slavery, upholding of the any shall not exist part servitude or United States.
¿p «p v «J» of the scope the province “We must not forget different; Amendments are and Fourteenth Thirteenth latter slavery: abolished prohibited simply former or immunities of citizens the privileges from abridging States life, them liberty from States; depriving and from law, any denying without due process property are differ laws. The amendments equal protection are under them different. Congress and: ent, powers have may to do under it one, has power What Thirteenth Amend under the Under the to do other. power Under and its incidents. slavery it has to do ment, only with to counteract and it Amendment, the Fourteenth which have the all laws proceedings render state nugatory or immunities citizens any privileges effect to abridge liberty them of deprive life, prop or to of the United deny or to them the law, due erty process without Under the Amend of the laws. protection equal necessary so far to eradicate ment, proper legislation, slavery involuntary servitude, all forms incidents be direct and the acts of individ primary, operating upon under the not; whether sanctioned state uals, legislation already shown, necessarily be, as we have it must Fourteenth, addressed to character, and can corrective only be, relief state or pro counteract and afford regulations ceedings.” TERM,
Opinion of U. the Court. *10 In Justice Ferguson, v. Mr. Plessy Brown, said: opinion court, delivering conflict with the “That it does not Thirteenth Amendment, and slavery involuntary which abolished servitude, except as a is too clear for punishment crime, argument. Slavery involuntary servitude —a state of implies the'owner- bondage; of mankind as or least the of ship chattel, at control man and services of one for the benefit of and another, labor to, the absence of his own disposal person, legal right and This amendment in services. was said property House to have Slaughter Cases, 16 Wall. been intended abolish as it had been slavery, previously primarily known in country, and that it forbade Mexican equally peonage trade, or the coolie when they Chinese amounted to slavery ‘ and use of servitude, that the the word involuntary servi- intended to the use of prohibit all forms in- tude’ slavery, of whatever class or voluntary name.” Other the same effect might authorities to be cited. It is may to doubt that enforce the open by direct legislation, punishing holding Amendment slavery in servitude person involuntary except In the of that crime. punishment power Congress exercise these enacted sections denouncing punish- peonage, one who holds condition another ing involuntary This servitude. not limited- the Territories legislation other strictly domain, National but is parts operative the States wherever the sovereignty doubt of the of this validity States extends. We entertain no the case or of its person legislation, applicability this whether there another a state peonage, or state such be ordinance law municipal sanctioning holding. wherever directly every citizen of operates Republic, may residence be. who “every holds, punishes arrests, Section 5526 person be or returned.” Three held, arrested, or causes to returns, holding, are here arresting, returning. distinct acts mentioned — CLYATT Opinion U.'S. of the Court. disjunctive "or” indicates them, between separation
and shows that either one may subject be the indictment A hold in a punishment. party may another state of without ever him for arrested having purpose. He may come inheritance into the of an estate possession which the and he continues the condi- held, simply tion which was before he came into He existing possession. arrest also an individual for the him purpose placing in a condition of this whether he peonage, whom the service be rendered simply for the Or he employed purpose making may, arrest. one has from after fled a state of return him to it, *11 he whether himself claims the service or is acting as an another enforce the simply agent to return. The indictment did that defendant "unlaw- charges one Will Gordon and fully return one Mose knowingly Ridley to a condition of and' by forcibly peonage, them, will of the said Will Gordon and the said Mose Ridley, them, the said Mose Will Gordon and said returning Ridley, to and for Samuel Clyatt.” work to M. a "return”
Now existence some state implies prior or condition. Webster defines it "to turn to or come back; go same to the In the place condition.” ‘Standard again it is defined "to cause to take a former Dictionary again carry, or send as a former position; put, back, to place A holder.” technical in the law is thus meaning given Black’s Law "The act of a Dictionary: sheriff, constable, or other ministerial back to the officer, court a delivering writ, notice, other paper.” was essential, therefore, under the in this case charge to Ridley
show that Gordon and had been in a condition of which, by defendant, the act of the peonage, they We liberty are at transform this indictment returned. into one them that the defendant held in a condition charging or state of them that he arrested with a view of them in such condition or has seen placing pleader state. TERM, 1904.
Opinion oí the Court. to a fit to a return condition The defend- peonage. charge that as the either rely upon ant had and to right charge, Ridley offer show that Gordon and had never testimony rest been a condition or to the Govern- upon of that ment’s omission of fact. proof examine first must, therefore, testimony, We and the is, whether arises the record shows sufficiently question The bill of testimony. it contains all the exceptions, jury, proceeds after these reciting empanelling words:
“And to maintain the plaintiff, issues thereupon upon and offered as a witness part, produced Dean, James R. as sworn;' testify first did who, being duly follows:” That recital is followed what be the purports testimony Then follows in succession the testimony witness. each witnesses, being preceded several statement form “The similar this: then introduced plaintiff and offered witness, Sutton, who, duly H. S. first did being sworn, testimony as follows.” At the close of the of the last testify witness named is this statement:’ rests its
“Whereupon plaintiff case. testimony. “Defendant rests —introduces no “And the said after on judge, the'jury the law in charging submitted, the case, said issues and the evidence so given trial, jury, to the aforesaid then and there jury *12 verdict for the plaintiff.” their gave no It is true there is affirmative statement the bill that it contains all the testimony, such omis exceptions is not fatal. This was presented sion Gunnison question v. a civil County case, Commissioners Rollins, court on to the Circuit Court of Ap this certiorari brought did not which court had held bill of exceptions that the peals, trial, all the adduced at the purport contain evidence whether, error for that reason did not consider the question find for defend was committed the the instructing jury Mr. Justice the Harlan, ant. unanimous delivering opinion v. STATES..
CLYATT UNITED Opinion Court. of the that in these words question court, disposed the (p.261): pf the bill of should be that opinion exceptions
“We are all evidence. that as soon the. containing appéars as taken the issues in the cause ‘the com- try sworn the jury the the issues on their offered follow- part, to sustain plainants, Then follow many evidence.’ documentary oral and pages ing when this entry testimony part plaintiffs, on Immediately rested.’ ‘Whereupon complainants appears: defendants, to sustain entry: this ‘Thereupon after comes on their joined part, produced following herein the issues follow of evidence many given Then pages evidence.’ and the evidence a witness recalled defendant, behalf ‘ with this defendant, entry: Whereupon concluding by were continued until the 20th day herein further proceedings Immediately o’clock a. 1896, at 10 May, following m.’ at ‘Wednesday, May 20th, o’clock, further entry: this was continued as follows.’ The of this cause transcript trial counsel as discussion to the exclusion of next shows some which is evidence,- entry: after ‘Thereupon particular made a formal motion under evi- counsel for defendant that the court instruct the return jury dence on both sides the bill of verdict for the defendant.’ does Although exceptions all words, evidence, that it contains the above state, show that it does contain all sufficiently entries the evidence.”. case is covered that completely decision. present in a civil case such recitals in the bill of are suffi- exceptions If it contains all the testimony cient to show a fortiori rule in a criminal case, should this be the and the defendant should not be of a full deprived therein consideration cf the an of his omission from the bill of the tech- guilt question nical it all recital contains the evidence. no
While motion or was made that request jury for defendant, instructed to find such a motion although is the method of whether proper presenting question there verdict, evidence sustain yet Wiborg *13 TERM, 1904.
Opinion of the Court. 197 U. inus in 632, 658, justifies examining question error has been in a matter case a committed so vital to plain the defendant. testimony discloses that the defendant with another went and caused the arrest of to Florida Gordon and
party a in on warrants issued Ridley magistrate Georgia little but there can be doubt that these criminal larceny, pro- an excuse only were ceedings securing custody them back to Gordon and work Ridley taking Georgia testimony out a At there was abundant any rate, from debt. that been which the could find to have the fact. While jury is-true, is not a scintilla of to'show testimony there that were ever in a Gordon and theretofore condition of Ridley That debt and that had left they they peonage. debt, to Florida without that does Georgia gone paying had held in a not show that been condition of they ever at work for their unwillingly or were creditor. willingly the testimony We have examined with care to if great see fact, would justify finding there anything which and can find No matter how severe be the nothing. which is conduct of a party due charged condemnation duty is the court to offense, imperative with a criminal it crime,are at all least that the elements of his proved, see those testimony jury finding offered justifies administration of the will Only elements. exact law done, public run be in the confidence long justice administration be maintained. in such constrained, to order a reversal therefore, areWe remand the case for a new trial. judgment, concurs the judgment. Justice McKenna Mr. my I concur with brethren in Harlan: Mr. Justice are valid question the statutes relating of the United States. I also Constitution agree under the - evi- shows that it contains all the sufficiently record that the at trial. introduced dence STATES MILLS. *14 Statement of the Case. U. in court erred I cannot trial
But agree from the Without into the case jury. going not taking only that, my I care evidence, say of the opinion, details to make a case within the evidence statute. tending there was court concedes that there was of the abundant The opinion with another from to show accused went testimony two to Florida arrest Gordon negroes, Georgia their will and take them back against Ridley, Georgia taken they a debt. And force. work out Georgia is based It'is conceded that indebtedness upon to the master. The accused admitted to In any the witnesses that the owed him. there negroes view, motion or verdict for the request was no defendant. direct to the objection made no submission of case accused far in a jury, very this, to the and it to hold case like going barbarities the worst kind these disclosing negroes, trial erred the case to the sending that the court jury. STATES v. MILLS. APPEAL FROM THE COURT OF CLAIMS. March February 20, 13, 1905.
No. 509. Submitted 1905.Decided per pay proper cent increase over above allowed to The ten an officer Rico¡ Cuba, Army Philippine for United States service Porto 26, Islands, Alaska, 1900, May 211, Hawaii and under act of 31 Stat. beyond comprising the limits States Union and Territories contiguous under thereto the act of March 31 Stat. tois upon computed the total amount to which the officer is entitled at the longevity of such pay pay provided time service both 1261, Rev. Stat. § is an from appeal judgment the Court of Claims This favor appellee. relates to the amount question of compensation to him under payable the acts May 26,