Chapter 241. For the relief of Charles B
528 words·~2 min read·
/statutes-at-large/vol-28/chapter-241-4101725·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 241.— An Act For the relief of Charles B. Stivers.August 8, 1894. Whereas Charles B. Stivers, late captain in the Seventh United Preamble.States Infantry, was summarily and erroneously dismissed the service on the fifteenth day of July, eighteen hundred and sixty three, by Special Orders, Numbered Three hundred and thirteen, by order of the then Secretary of War, which order of dismissal, upon proof being made to the War Department that an injustice had been inadvertently done the said officer, was revoked by order of the Secretary of War on August eleventh, eighteen hundred and sixty-three, by Special Orders, Numbered Three hundred and fifty-six, whereupon said Captain Stivers was restored to his rank in the Army and continued in honorable and faithful service therein until December thirtieth, eighteen hundred and sixty-four, when, by a proper order from the War Department, after due examination, on account of long and faithful service and physical disability, he was placed upon the retired list of the Army; and” Whereas the said Charles B.
Stivers was continued upon said retired list from the said date of his retirement until June first, eighteen hundred and ninety, when he was dropped from the same in pursuance of an order of the War Department made by reason of the decision of the Supreme Court of the United States (One hundred and fourteenth United States Report, six hundred and nineteen) to the effect that the revocation by the President by an order of dismissal of an officer of the Army did not restore him to his former position in the service, but that such restoration could only legally be effected by an Act of Congress:
Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Charles B. Stivers.May be appointed captain, Army retired list. That the provisions of law regulating appointments in the Army by promotion in the line are hereby suspended for the purpose of this Act only, and only so far as they affect Charles B. Stivers; and the President of the United States is hereby authorized, in the exercise of his discretion and judgment, to nominate and, by and with the advice and consent of the Senate, to appoint said Charles B.
Stivers, late a captain in the Seventh United States Infantry Regiment, to the same grade and rank of captain in the Army of the United States in the infantry service, and to place him on the retired list of the Army as of the date of December thirtieth, eighteen hundred and sixty-four, the retired list being thereby increased in number to that extent, with the pay of his grade and rank from said date the same as if he had never been considered out of the service since, his original entrance therein; such retired pay, however, having been heretofore duly and continuously received by said Charles B.
FIFTY-THIRD CONGRESS. Sess. II. Chs. 241, 242, 247–249. 1894.1001 Stivers up to the first day of June, eighteen hundred and ninety, the same shall only be due and payable to him hereafter from the date of the passage of this Act. Approved, August 8, 1894.