Chapter 97. For the relief of Captain John W
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CHAP. 97.— An Act For the relief of Captain John W. Pullman.June 6, 1894. Whereas John W, Pullman, who was commissioned a second lieutenantPreamble. of the Eighth Cavalry in the United States Army on the fifteenth day of June, eighteen hundred and sixty-nine, and consequently commissioned a captain in the (Quartermaster’s Department; and Whereas Honorable W. A. Day, on the twelfth day of June, eighteen hundred and eighty-nine, then the Second Auditor of the Treasury of the United States, prepared a revised statement of Captain Fullman’s account, finding due the said John W.
Pullman the sum of one thousand three hundred and ninety-six dollars and thirty-one cents, and on the same day certified the result to the Second Comptroller of the Treasury for payment, which was subsequently returned to the Second Auditor without any decision, and “without prejudice” by him, inasmuch as Attorney-General Miller had expressed an opinion that a previous receipt given by Captain Pullman for an amount that the accounting officer had erroneously adjudged his due, estopped him from receiving the portion that had been erroneously and unlawfully previously withheld, supporting such opinion by the declaration that “had it happened through a mistake of law of the accounting officer of the United States the captain had been paid too much instead of too little, it would seem quite clear that the excess could not be recovered back:
” Therefore, FIFTY-THIRD CONGRESS. Sess. II. Chs. 97, 98, 111, 112. 1894.987 *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the accounting officersJohn W. Pullman.Payment to. of the Treasury be, and they are hereby, directed, on application being made by Captain John W. Pullman, or his legal representatives, to adjust and pay his said claim as stated and certified to by the Second Auditor of the Treasury on the twelfth day of June, eighteen hundred and eighty-nine, in accordance with such certificate and the law applicable thereto as construed by the Supreme Court of the United States, out of any money in the Treasury not otherwise appropriated.
Approved, June 6, 1894.