TRUSTEES OF FIRST BAPTIST CHURCH, DANVILLE, KENTUCKY.

      LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS TRANSMITTING A COPY OF THE FINDINGS OF THE COURT IN THE CASE OF THE TRUSTEES OF THE FIRST BAPTIST CHURCH, OF DANVILLE, KY., AGAINST THE UNITED STATES.

FEBRUARY 11, 1908. - Referred to the Committee on Claims and ordered to be printed.

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COURT OF CLAIMS, CLERK'S OFFICE,

Washington, February 10, 1908.

      SIR: Pursuant to the order of the court, I transmit herewith a certified copy of the findings of fact filed by the court in the aforesaid cause, which case was referred to this court by the resolution of the United States Senate, under the act of March 3, 1887, known as the Tucker Act.

I am, very respectfully, yours, JOHN RANDOLPH,

Assistant Clerk Court of Claims.

Hon. CHARLES W. FAIRBANKS,

President of the Senate.

[Court of Claims. Congressional, No. 13020. Trustees of the First Baptist Church, of Danville, Ky., v. The United States.]

STATEMENT OF CASE.

      This is a claim for use and occupation, alleged to have been furnished to the military forces of the United States during the civil war. On the 2d day of March, 1907, the United States Senate referred to the court a bill In the following words:

"[S. 7131, Fifty-ninth Congress, second session.]

"A BILL For the relief of the trustees of the First Baptist Church, of Danville, Kentucky.

      "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury "be, and he is hereby, authorized and directed to pay, out of any money In the Treasury not otherwise appropriated, to the trustees of the First Baptist Church, of Danville, Kentucky, the sum of one thousand nine hundred dollars, In full compensation for the occupation, use, and Incidental injury to said church by United States military forces during the civil war."

      The said trustees of said church appeared In this court March 25, 1907, and filed their petition, In which it is substantially averred: That during the late

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FIRST BAPTIST CHURCH, DANVILLE, KY.

civil war the military authorities of the United States took possession of the property of the First Baptist Church of Danville, Ky., consisting of a large brick church building, about 60 by 50 feet in size, and occupied it as a hospital from about October 10, 1862, for a long period; that the pews were broken up and consumed, and the property in other respects greatly injured by said occupation. That the reasonable rental value of said property during said occupation, including the repairs necessary to restore said property to the same condition in which it was before such occupation, was the sum of $1,900, for which no payment has been made; that the claimant has at all times borne true allegiance to the Government of the United States, and has not in any way voluntarily aided, abetted, or given encouragement to the rebellion against the said Government.

      The case was brought to a hearing on loyalty and merits on the 20th day of January, 1908.

      Coldren & Fenning appeared for the claimants and the Attorney-General, by William H. Lamar, 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 argument of counsel on both sides, makes the following

FINDINGS OF FACT.

      I. The First Baptist Church of Danville, Ky., as an organization, was loyal to the Government of the United States throughout the late civil war.

      II. During said period the military forces of the United States, by proper authority, took possession of the church building described in the petition and used and occupied the same as a hospital, and damaged the same. The reasonable rental value of such use and occupation, together with damages in excess of ordinary wear and tear, was then and there the sum of seven hundred dollars ($700), no part of which appears to have been paid.

      III. The claim herein was never presented to any Department of the Government prior to its presentation to Congress and reference to this court by resolution of the United States Senate, as hereinbefore stated, and no reason is given why the bar of any statute of limitations should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy.

BY THE COURT,

Filed February 3, 1908.

A true copy.

Test this 6th day of February, 1008.

[SEAL.]

JOHN RANDOLPH,

Assistant Clerk Court of Claims
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[Congressional Record, from Google Books, via Baptists and the American Civil War, October 15, 2012., notes. Scanned and formatted by Jim Duvall.

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