
    (2 Court of Claims R., p. 1; not reported in Wallace Es.)
    John E. Reeside v. The United States.
    
      On the Appeals of both parties.
    
    
      The claimant, a civilian, not connected with the Army, brings his action in the Cowrt of Claims to recover his commissions on the purchases of army horses. The court finds that he purchased under an appointment of General Frémont, made during a public exigency, whieh appointment allowed to him a commission of two and a half per cent. Also, that the horses were turned over to the Quartermaster’s Department and used in the military service of the Government. The court on these facts decides that the appointment by General Frémont ivas unauthorized by law and void, but that the claimant having rendered valuable service to the Government, the benefits of which it accepted, he should recover such amount as his services were reasonably worth. Both parties appeal.
    
    On tlie facts found ry tlie Court of Claims in tliis case, the Supreme Court is equally divided, and the judgment stands affirmed without opinion'.
    
      Findings of the Court of Claims.
    
    In this case, the court, upon due consideration of the premises, find the following facts in the nature of a special verdict:
    In July, 1861, Major General John 0. Frémont was appointed by the President to the command of the Department of the-West, with headquarters at Saint Louis, Missouri. So far as the President and Secretary of War could confer them, he was invested with all their authority and power in raising, equipping, and supplying an army in the shortest time possible. The public exigency in the department was immediate and pressing.
    To obtain horses for the artillery, cavalry, and transportation in the department, General Frémont appointed John E. Beeside purchaser and inspector of horses at Cincinnati, Ohio, by the following official documents and orders, and at tbe designated compensation:
    t£ Headquarters Western Department, •
    ££ Saint Louis, August 10,1861.
    
      “ Sir : Haying confidence in your knowledge and experience, I hereby authorize and command you as inspector of horses for this department, holding you responsible that every animal passed by you shall be equal in value to the price paid. You will be allowed two and a half per cent, commission.
    “ J. O. FBEMONT,
    ££ Major General Commanding.
    
    “John E. Beeside,
    ££ Inspector of Horses.”
    
    £< Headquarters Western Department,
    • ££ Saint Louis, Atigust 10, 1861.
    ££ Sir : You will proceed without delay to Cincinnati, and purchase, cause to be purchased, or inspect when purchased by other contractors, two thousand horses for the service of the army in this department. You will not pay, on an average, over $130 each, at such places as you may name, as places of inspection. The horses are required to be suited to the most active field service; and not too heavy for artillery, nor too light for cavalry; of. approved blood, so far as the prices will obtain such.
    “ J. C. FBEMONT,
    ££ Major General Commanding.
    
    ££ John E. Beeside,
    ££ Inspector of HorsesP
    
    Mr. Beeside was an expert in the purchase of horses, and a responsible man.
    Under this appointment Beeside purchased, of various persons, five thousand and twenty-seven horses. These horses, under the orders of General Frémont, were turned over to the various Quartermasters of the Department of the West, and by them vouchers were given to the persons from whom the horses had been bought by Beeside, and the horses were put into the service of the United States. Beeside was employed in this business from the 11th day of August, 1861, till the 7th day of December, in the same year. The commissions, at two and a half per centum upon tbe aggregate of the purchases made by him, amounted to the sum of $19,791.12, and for cash disbursements, out of his own funds, the sum of $585.50, amounting in the whole to $20,376.02.
    We further find that the services and disbursements of Mr. Eeeside, while so employed, were reasonably worth the sum of $4,000, irrespective of any contract engagement.
    Upon these facts, the court hold—
    1st. That the appointment of Eeeside, by Major General J. O. Frémont, was unauthorized, and therefore void.
    2d. That the appointment being void for want of power to make it, the agreement for compensation, for the same reason, is a nullity.
    3d. But, that having rendered valuable service to the United States, the benefits of which were realized and accepted by ■ them, he is entitled to be paid such sum as his services were reasonably worth.
    
      Mr. J. M. Carlisle and Mr. T. J. D. Fuller for the appellant Eeeside. *
    
      Mr. Solicitor Norton for the appellants the United States.
   The judgment of the Court of Claims was affirmed by the equal division of the Justices of the Supreme Court, no opinion being delivered, at the December Term, 1868.  