
    CROSBY’S CASE.
    William Crosby v. The United States.
    
      On the Proofs.
    
    An officer of tlie Army “unassigiiecL” and “awaiting orders” at headquarters, who makes no application for fuel and quarters, and does not show at the trial that no quarters were to he had at headquarters, is not entitled to commutation therefor; hut upon showing that there were no quarters at headquarters, he is entitled to commutation.
    
      The Reporters’ statement of the case:
    At the first trial of this case, at the present term, the following facts were found.
    I. At the time of his appointment as an officer in the Army of the United. States, the claimant resided in the State of Maine.
    II. On the 15th of January, 1870, the claimant, being an unattached first lieutenant in the Army of the United States, was relieved Nom dirty at the general recruiting depot, Angel Isl- and and from general recruiting service, and was ordered to report for orders to the commanding general, Department of California, whose headquarters were at San Francisco.
    III. The claimant reported for orders, as directed, at headquarters in San Francisco, and on the 19th January, 1870, in accordance with Paragraph IY, Special Orders No. 9, current series, Military Division of the Pacific, was placed on “awaiting orders ” by order of the commanding general of the Department of California.
    IY. On the last day of each month during the year 1870 the claimant reported to the Adjutant-General as at San Francisco, Cal., awaiting orders.
    Y. There were no quarters at San Francisco subject to the control of the quartermaster’s department which could be assigned to the use of the claimant, and none were assigned him.
    YI. The commutation value of quarters and fuel for an office of tbe claimant’s rank at San Francisco from tbe 19tb January, 1870, to tbe 15tb July, 1870, was $491*98.
    VII. On tbe 2d January, 1871, by direction of tbe President, tbe claimant, among other officers, was honorably mustered out of service.
    (And on tbe claimant’s request:)'
    VIII. That tbe commutation value of quarters and fuel for an officer of tbe claimant’s rank, at San Francisco, from tbe 19th January, 1870, to tbe 15th July, 1870,. was $491.78.
    IX. Tbe claimant was put on “ awaiting orders” by an order of tbe commanding general of tbe Department of California.
    
      Mr. Lowndes for tbe claimant.
    
      Mr. Assistant Attorney-General Simons for tbe defendant.
   Davis, J.,

delivered tbe opinion of the court:

Tbe claimant, a first lieutenant in the Army, unassigned, was ordered to report at headquarters, San Francisco. _ He reported there, and was placed on “ awaiting orders ” by tbe commander of tbe department. From month to month be regularly reported himself at headquarters, and while at San Francisco was honorably mustered out of service by order of tbe President. He claims commutation for fuel and quarters while there awaiting orders, without showing that lié made unsuccessful apphcation therefor, or that there were no quarters in San Francisco. Tbe court is therefore of opinion that be cannot recover.

Mr. Loiondes thereupon moved for a new trial, on tbe ground that, relying upon tbe authority of. Whittlesey’s Case (5 C. Cls. R., 99), be bad not thought it necessary to show, as be might have done, that there were no quarters in San Francisco.

Tbe motion was granted, tbe court adhering to its opinion notwithstanding tbe decision in Whittlesey’s Case. Tbe claimant’s counsel then submitted the case on an agreed stipulation of both counsel that there were no quarters at that time in San Francisco.

On tbe stipulation and on tbe facts found at tbe former trial, judgment was rendered for tbe claimant.  