United States v. Hutchins

Statement by Mr. Justice BROWN:

This was a petition for mileage from the navy yard at Mare Island, in the harbor of San Francisco, to New York.

The court of claims found the following to be the facts:

(1) The claimant is an officer in the navy, to wit, a lieutenant commander. He was serving as such on the 22d day of May, 1890, when he was ordered to proceed by steamer from San Francisco to New York, via the Isthmus of Panama, in charge of a detachment of men.

(2) He did so proceed from San Francisco to New York, a distance of 6.186 statute miles, and paid his own transportation and expenses, which were afterwards refunded to him, in the sum of ninety-seven dollars, ($97,) but he was not allowed or paid anything on account of mileage.

(3) The distance from San Francisco to New York by the shortest usually traveled route is 3,266 miles.

Upon the foregoing facts the court held, as matter of law, that claimant was entitled to recover mileage at the rate of 8 cents a mile for 3,266 miles, deducting therefrom the sum of $97 paid to him for expenses; and a judgment was accordingly rendered in his favor for the sum of $162.28, and the United States appealed.

Asst. Atty. Gen. Dodge and Charles C. Binney, for appellant.

John Paul Jones, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.