Page:United States Statutes at Large Volume 28.djvu/1027

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IOOO FIFTY-THIRD CONGRESS. Sess. II. Cris. 240, 241. 1894. ,1894. HAP, .—- n o rovide for the 'ustment and ayment of the claim of

" theAmeric€:91‘ra£}spd1ft;3iod) Company for dtgiiging done atIl·`airport Harbor, 1D the

State of Ohio. Be it enacted by the Senate and House of Representatives of the United Amqricm Tr·¤¤- States of America in Oangress assembled, That the Secretary of War be, P°ii°;;:¤€mi»?°:dim and he is hereby, authorized and directed to examine and adp1st the fg{.d’°dS*¤¤F“*’P°”· claim of the American Transportation Company against the uovern- `°' ment of the United States for dredging done at Fairport Harbor, in the State of Ohio, under a contract between said American Transportation Company and the United States, and determine what amount of dredging was done thereunder, the amount paid on account thereof, and the balance remaining unpaid, which balance he shall certify to the proper accounting omcers for payment in the manner prescribed by law; and for the payment of said claim the sum of five thousand four hundred and thirty-four dollars and eighteen cents, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated. Approved, August 8, 1894. A¤g¤¤¢ 8- 189* CHAP. 241.-An Act For the relief of Charles B. Stivers. rmmme. Whereas Charles B. Stivers, late captain in the Seventh United 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dismissal, upon proof being made to the War Department that an injustice had been inadvertently done the said officer, was revoked by order of the Secretary of War on August eleventh, eighteen hundred and sixty-three, by Special Orders, Numbered Three hundred and fifty-six, whereupon said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 iirst, eighteen hundred and ninety when he was dropped trom 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 &nate and Home of Representatives of the United ensues B. smgers. States of America in Congress assembled, That the provisions of law gfx gg? regulating appointments in the Army by promotion in the line are use ’hereby suspended for the purpose of this Act only, and only so tar 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 in creased 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.