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Bietry, late of Company G, Tenth New York Volunteers, and Company A, One hundred and sixty-fifth New York Volunteers, and Seventh Regiment United States Infantry, and pay her a pension at the rate of twelve dollars per month.

Approved, June 7, 1902.

CHAP. 1061.-An Act Granting an increase of pension to David Topper.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of David Topper, late of Company C, One hundred and sixty-fifth Regiment Pennsylvania Volunteer Infantry, and pay him a pension at the rate of twenty-four dollars per month in lieu of that he is now receiving.

Approved, June 7, 1902.

June 7, 1902,
[Private, No. 914.]

David Topper,
Pension increased.

CHAP. 1062.-An Act Granting an increase of pension to Elizabeth G. Getty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Elizabeth G. Getty, widow of George W. Getty, late brigadier-general, United States Volunteers, and colonel, United States Army, and pay her a pension at the rate of thirty dollars per month in lieu of that she is now receiving.

Approved, June 7, 1902.

June 7, 1902.

[Private, No. 915.] Elizabeth G. Getty. Pension increased.

CHAP. 1063.—An Act Granting an increase of pension to George Chamberlin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of George Chamberlin, late of Company M, Second Regiment Pennsylvania Volunteer Heavy Artillery, and Company E, Eleventh Regiment Pennsylvania Volunteer Infantry, and pay him a pension at the rate of twenty-four dollars per month in lieu of that he is now receiving.

Approved, June 7, 1902.

June 7, 1902.

[Private, No. 916.

George Chamberlin.

Pension increased.

CHAP. 1064.-An Act Granting an increase of pension to Eleanor Emerson.

June 7, 1902.

Eleanor Emerson.
Pension increased.

Be it enacted by the Senate and House of Representatives of the United [Private, No. 917.] States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Eleanor Emerson, widow of Warren C. Emerson, late major and additional paymaster, United States Volunteers, and pay her a pension at the rate of fifteen dollars per month in lieu of that she is now receiving.

Approved, June 7, 1902.

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CHAP. 1065.—An Act Granting an increase of pension to Francis W. Anderton.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Francis W. Anderton, late first lieutenant Company 1, Eleventh Regiment Ohio Volunteer Infantry, and pay him a pension at the rate of forty dollars per month in lieu of that he is now receiving.

Approved, June 7, 1902.

June 7, 1902.
[Private, No. 919.]
Melissa Burton.
Pension.

CHAP. 1066.-An Act Granting a pension to Melissa Burton.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Melissa Burton, widow of William Burton, late of Company A, First Regiment Tennessee Volunteer Light Artillery, and pay her a pension at the rate of twelve dollars per month.

Approved, June 7, 1902.

June 7, 1902. [Private, No. 920.]

Pension.

CHAP. 1067.-An Act Granting a pension to Arthur J. Bushnell.

Be it enacted by the Senate and House of Representatives of the United Arthur J. Bushnell. States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Arthur J. Bushnell, late of Company A, First Regiment South Dakota Volunteer Infantry, war with Spain, and pay him a pension at the rate of twenty dollars per month. Approved, June 7, 1902.

June 7, 1902. [Private, No. 921.]

CHAP. 1068.—An Act Granting an increase of pension to William H. White.

Be it enacted by the Senate and House of Representatives of the United William H. White. States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of William H. White, late of Company I, One hundred and twenty-eighth Regiment New York Volunteer Infantry, and pay him a pension at the rate of twelve dollars per month in lieu of that he is now receiving.

Approved, June 7, 1902.

June 7, 1902.

[Private, No. 922.]

Mary S. Downing.
Pension increased.

CHAP. 1069.—An Act Granting an increase of pension to Mary S. Downing.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the

laws, the name of Mary S. Downing, widow of Robert L. Downing, late of Company E, Sixty-ninth Regiment Ohio Volunteer Infantry, and pay her a pension at the rate of twenty dollars per month in lieu of that she is now receiving.

Approved, June 7, 1902.

CHAP. 1070.-An Act For the relief of Thierman and Frost.

June 7, 1902. [Private, No. 923.]

Thierman and Frost.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction is hereby Claim referred to given the Court of Claims, any statute of limitations to the contrary Court of Claims. notwithstanding, to hear, try, and determine the claim of Henry Thierman and White Frost, late partners doing business under the firm name and style of Thierman and Frost, by reason of the alleged unlawful seizure and sale by the revenue officers of the United States of the distillery property of the said Thierman and Frost in Concordia, in the State of Kentucky; and the said court shall have full power to determine whether said property was unlawfully seized and sold; and if the same were unlawfully seized or sold, then the said court shall try and determine whether, under the then existing laws of the United States, the said Thierman and Frost sustained any damages by reason thereof and whether the Government is or was liable under such laws for the damages sustained, limiting such damages to the reasonable value of the property seized and sold at the time of such seizure and sale; said case to be tried and determined under the laws, rules, and regulations governing proceedings in said court and upon such evidence as is legally admissible under the ordinary laws and rules of evidence as pursued in the practice of said court, hereby reserving to the Government the right to interpose any defense, whether legal or equitable, that it may have to said cause of action, except only the defenses based on the jurisdiction of the court and the statute of limitations: Provided, however, That said action shall be commenced within six months after this Act shall go into effect: And provided suit. further, That in said action the said court shall try and determine the Proceedings. question, notwithstanding any adjudication that may heretofore have been had, whether at the time of said seizure and sale there was any special tax due or owing by the said Thierman and Frost to the Government of the United States pertaining to said distillery, or growing out of the operation of the same, or on the output or product thereof; and if any such tax was then due or owing to the Government of the United States, the said court shall determine the amount thereof and apply the same as a set-off to any amount that may be found to have been due the said Thierman and Frost as damages sustained by them by reason of the wrongful seizure and sale of said distillery property, and shall only enter a judgment in favor of the said Thierman and Frost for such balance, if any, as may be found to be due after applying as an offset any tax as aforesaid that may be found to be due with

Provisos.

Commencement of

out awarding any interest to either party: And provided further, That Right of appeal. either party to such action shall have the right of appeal to the Supreme Court of the United States under the rules, laws, and regulations governing appeals in other cases from the Court of Claims.

Approved, June 7, 1902.

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CHAP. 1072.-An Act Granting an increase of pension to Frances H. Anthony.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Frances H. Anthony, widow of De Witt C. Anthony, late lieutenant-colonel Twenty-third and colonel Sixty-sixth Regiments Indiana Volunteer Infantry, and pay her a pension at the rate of twenty dollars per month in lieu of that she is now receiving: Provided, how ever, That in the case of the death of the helpless child Myrtilia H. Anthony, on whose account the pension of Frances H. Anthony is increased, the pension of said Frances H. Anthony shall continue only at the rate of eight dollars per month from and after the date of death of said helpless child.

Approved, June 9, 1902.

June 10, 1902. [Private, No. 925.]

Jerome E. Morse. Transfer on Navy retired list.

CHAP. 1075.-An Act For the relief of Lieutenant Jerome E. Morse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he is hereby, authorized and empowered to transfer Lieutenant Jerome E. Morse, of the retired list of the United States Navy, from the half-pay list to the seventy-five per centum pay list of R. S., sec. 1588, P. retired officers, under section fifteen hundred and eighty-eight of the Revised Statutes of the United States; and the said transfer shall take effect as of the passage of this Act.

271.

Approved, June 10, 1902.

June 13, 1902. [Private, No. 926.]

Pension increased.

CHAP. 1083.-An Act Granting an increase of pension to George C. Tillman. Be it enacted by the Senate and House of Representatives of the United George C. Tillman. States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of George C. Tillman, late of Company C, First Regiment Alabama Volunteer Infantry, war with Mexico, and pay him a pension at the rate of twenty dollars per month in lieu of that he is now receiving.

Approved, June 13, 1902.

June 13, 1902. [Private, No. 927.]

Pension increased.

CHAP. 1084.-An Act Granting an increase of pension to Hattie M. Whitney. Be it enacted by the Senate and House of Representatives of the United Hattie M. Whitney. States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Hattie M. Whitney, widow of Folliot A. Whitney, late major, Sixth Regiment United States Infantry, and pay her a pension at the rate of thirty-five dollars per month in lieu of that she is now receiving, and two dollars per month additional on account of the minor child of the said Folliot A. Whitney until he reaches the age of sixteen years.

CHAP. 1085.-An Act For the relief of Charles H. Robinson.'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of seven hundred and twenty dollars be allowed to Charles H. Robinson, former pension agent at Des Moines, Iowa, being the sum deposited by him to cover a deficiency arising in his office, caused by the negligence of a clerk, and without blame or fault on the part of said Charles H. Robinson, and that the aforesaid sum is hereby appropriated out of any moneys not otherwise appropriated.

Approved, June 13, 1902.

June 13, 1902. [Private, No. 928.]

Charles H. Robin

son.

Relief of

June 13, 1902. [Private, No. 929.] Charles C. Wash

burn.

CHAP. 1086.-An Act Granting an increase of pension to Charles C. Washburn. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the Pension increased. pension roll, subject to the provisions and limitations of the pension laws, the name of Charles C. Washburn, late of Company C, Ninth Regiment United States Veteran Volunteers, and pay him a pension at the rate of thirty dollars per month in lieu of that he is now receiving. Approved, June 13, 1902.

CHAP. 1087.-An Act Granting a pension to Emily Briggs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the provisions and limitations of the pension laws, the name of Emily Briggs, dependent mother of James Briggs, late of Company G, Forty-seventh Regiment New York Volunteer Infantry, war with Spain, and pay her a pension at the rate of twelve dollars per month.

Approved, June 13, 1902.

June 13, 1902.

[Private, No. 930.]

Emily Briggs.
Pension.

CHAP. 1091.-An Act For the relief of George T. Winston, president of North Carolina College of Agriculture and Mechanic Arts, and W. S. Primrose, chairman board trustees.

June 14, 1902. [Private, No. 931.]

North Carolina College of Agriculture

Relief of.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized and directed to relieve W. S. Primrose, and Mechanic Arts. chairman of the board of trustees, and George T. Winston, president of the North Carolina College of Agriculture and Mechanic Arts, Raleigh, North Carolina, from all money responsibility for so much of the ordnance and ordnance stores issued to said college under its bonds dated May twenty-eighth, eighteen hundred and ninety-four, and February eighteenth, nineteen hundred and one, as were destroyed by fire on November twenty-ninth, nineteen hundred and one.

Approved, June 14, 1902.

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