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Dr. Pleasant Almery Cashon
b.4 Mar 1839 Weakley County, Tennessee
d.Abt 11 Mar 1916 Los Angeles, Los Angeles County, California
Family tree▼ (edit)
m. 10 Dec 1835
(edit)
m. Abt 1866
Facts and Events
Weakley County, Tennessee, 1870 ceneus:[5]
Weakley County, Tennessee, 1880 ceneus:[6]
Weakley County, Tennessee, 1900 ceneus:[8]
___________________________________________________________ [Case of] PLEASANT B. CASHON. LETTER FROM THE CHIEF CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF PLEASANT B. CASHON AGAINST THE UNITED STATES. February 21, 1916. -- Referred to the Committee on War Claims and ordered to be printed. Court Of Claims, Clerk's Office, Washington, February 21, 1916. -- To the Speaker Of The House Of Representatives. Sir: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact and conclusion filed by the court in the aforesaid cause, which case was referred to this court by resolution of the House of Representatives under the act of March 3, 1911, known as the Judicial Code. I am, very respectfully, yours, Saml. A. Putman, Chief Clerk Court of Claims. [Court of Claims. Congressional, No. 17223-48. Pleasant B. Cashon v. The United States.] STATEMENT OF CASE. On July 17, 1914, House bill 14528 was referred to this court by resolution of the United States House of Representatives under the provisions of the Judicial Code. The section of the bill which relates to this case reads as follows: "That the Secretary of the Treasury be, and he is hereby, authorized and directed, out of any money in the Treasury not otherwise appropriated, to pay to each of the persons hereinafter in this section named, or, if deceased, to the party entitled thereto, the sum of $300, or so much thereof as may be necessary, being for three months' pay proper of the grade held by each of them when honorably discharged from the volunteer service of the United States after March third, eighteen hundred and sixty-five, namely, * * * Pleasant B. Cashon, * * *." The claimant thereafter appeared in this court and filed a petition, in which it is alleged, in substance: That he is a citizen of the United States, resident in the county of Weakley, State of Tennessee, and that he is one of the proposed beneficiaries under said bill H. R. 14528 above set forth. That he was enrolled in the military service of the United States in the Sixth Tennessee Cavalry, and was honorably discharged August 10, 1865, as surgeon. PLEASANT B. CASHON. That the act of March 3, 1865 (13 Stats., 497), provides: "sec. 4. That all officers of Volunteers now in commission below the rank of brigadier general who shall continue in the military service to the close of the war shall be entitled to receive upon being mustered out of said service three months' pay proper." That by the act of July 13,1866 (14 Stats., 94), it was declared that this act should be "so construed as to entitle to the three months' pay proper provided for therein all officers of Volunteers below the rank of brigadier general who were in service on the third day of March, eighteen hundred and sixty-five, and whose resignations were Presented and accepted, or who were mustered out at their own request, or otherwise onorably discharged from the service after the ninth day of April, eighteen hundred and sixty-five." That by act of July 3, 1884 (23 Stats., 66), the law was further extended "to entitle to the three months' pay provided for therein the heirs or legal representatives of all officers of Volunteers specified therein who were killed or who died in the service between the third day of March and the tenth day of April, eighteen hundred and sixty-five." That a claim for the benefits of this law was duly presented to the accounting officers of the Treasury and was disallowed upon the ground that it was not embraced within the terms of the act of March 3, 1865, as amended. The amount claimed is $1,240. The case was brought to a hearing on its merits on the 27th day of January, 1916. C. D. Pennebaker, Esq., appeared for the claimant, and the Attorney General, by P. G. Walker, Esq., his assistant and under his direction, appeared for the defense and protection of the interests of the United States. The court, upon the evidence and after considering the briefs and arguments of counsel on both sides, makes the following FINDINGS OF FACT. I. The claimant, Pleasant A. Cashon, was enrolled in the military service April 17, 1865, and mustered in as assistant surgeon, Sixth Tennessee Volunteer Cavalry. He was promoted to be surgeon of same regiment, to take effect June 10, 1865, and was discharged as such August 3, 1865. II. A claim for three months' extra pay proper under the act of March 3, 1865 (13 Stats., 497), as amended by the act of July 13,1866 (14 Stats., 94), was presented to the accounting officers and disallowed June 30, 1898, they holding that claimant was "not entitled to three months' extra pay proper not being a commissioned officer on the 3d of March, 1865." Except as above stated the claim was never presented to any officer or department of the Government prior to the presentation to Congress and reference to this court as hereinbefore set forth. CONCLUSION. Upon the foregoing findings of fact the court concludes that the claim herein is neither a legal nor an equitable one against the United States and any amount that may be appropriated in payment of the demand rests in the judgment of Congress. By The Court. Filed February 14, 1916. A true copy: Test this 21st day of February, 1916. Sahl. A. Putman, Chief Clerk Court of Claims. References
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