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UNITED STATES v. HITE

February 25, 1907

UNITED STATES
v.
HITE



APPEAL FROM THE COURT OF CLAIMS

Fuller, Harlan, Brewer, White, Peckham, McKenna, Holmes, Day; Mr. Justice Moody took no part in the disposition of this case.

Author: Fuller

[ 204 U.S. Page 344]

 MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

This was a petition for the recovery of $116.66. The case having been heard by the Court of Claims, that court, upon the evidence, filed the following findings of fact and conclusion of law:

" Findings of Fact.

"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 discharged from the naval service.

[ 204 U.S. Page 345]

     "The order referred to is in the words following:

"'Navy Department,

"'Washington, D.C., Dec. 12, 1898.

"'Sir: You are hereby detached from duty on board the U.S.S. "Massachusetts," and will proceed to your home.

"'Immediately upon your arrival report your local address in full to the Bureau of Navigation, Navy Department, Washington, D.C. See article 224, U.S. Navy Regulations, 1896.

"'Report also the date of your detachment, and inform the Department of the status of your accounts, and whether you are indebted to the ...


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