Show NOT oT ENTITLED ENTITLED TO Tn MORE PAY Supreme Court Settles Case of a lieutenant Who Commanded a Company Washington March IS Some of or the tile questions pertaining to the subject of ex ox extra extra tra tm pay pa for officers of the army ann during war were considered by b the supreme court of the tho tim United States today toda in disposing of or ortho tho case of the United States vs Don C Mitchell which was all decided in favor of the United States in an opinion handed down by Chief Justice Fuller The par particular particular point involved was waS that relating to Lo extra pay pa for duty In III higher rank in iii time of or war but hut actually in the tile presence of or orthe the tho enemy Mitchell entered the army the tte war with Spain as ac second lieu lieutenant lieutenant lieutenant tenant of or troop E ot of the First Ohio vol volunteer volunteer 01 cavalry and while wiilie stationed at Huntsville Ala in August was w s des designated desIgnated designated by b an order from rom Captain Rogers Ro rs regimental quartermaster of Jho he First Ohio to take command of or the tile troop He lie continued to perform the duties of or that command until the following October He lie Het then t en made claim to the pay pa of or a captain under the act of April 1 providing that in time of or war every even officer sen serving serring ing with troops operating against the en enemy enemy enemy emy who shall exercise under assignment In orders by b competent authority a command above aboe that pertaining to his hm grade shall shaU be entitled to receive the pay pa and allowances of the grade appointed to the command so exercised and also for par PI pa for the extra month allowed at the rue roue paid a captain The court of claims decided In Mitchells favor holding that he was entitled to t A captains rate but Chief Justice opinion reversed reverse that ruling and held that he should receive only the pay of a sec ace second second ond end lieutenant |