HEARINGS BEFORE THE SUBCOMMITTEE OF THE COMMITTEE ON WAR CLAIMS HOUSE OF REPRESENTATIVES SEVENTIETH CONGRESS ESTATE OF HENRY H. SIBLEY HOUSE OF REPRESENTATIVES, Wednesday, February 8, 1928. Subcommittee No. 2 this day met at 1.30 o'clock p. m., Hon. Joseph L. Hooper, chairman, presiding. The CHAIRMAN. We have met this afternoon to consider H. R. 8749, which is a bill introduced by Mr. Bland for the relief of the legal representatives of the estate of Henry H. Sibley, deceased. (The bill in question reads a follows:) [H. R. 8749, Seventieth Congress, first session] A BILL For the relief of the legal representatives of the estate of Henry H. Sibley, deceased 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 legal representatives of Henry H. Sibley, deceased, the sum of $101,242.50, in full settlement of his claim against the United States for the use of a patented invention in the manufacture of a tent known as the Sibley tent. The CHAIRMAN. The report of the War Department will be made a part of the record at this time. Hon. JAMES G. STRONG, Chairman Committee on War Claims. WAR DEPARTMENT, Washington, January 27, 1928. House of Representatives. DEAR MR. STRONG: Receipt is acknowledged of your letter of January 12, 1928, with which was transmitted for report and recommendation a copy of H. R. $749, relating to the relief of the legal representatives of Henry H. Sibley, deeased. The claim arises out of the use by the War Department of certain conical ents known as Sibley tents. The history of the matter appears to be as follows: On April 22, 1856, Maj. Henry H. Sibley, an Army officer, was issued a patent on a conical tent. On April 16, 1858, Major Sibley assigned one-half of his interest n the patent to Maj. (then Lieut.) William W. Burns, who was also an Army officer. On February 6, 1858, the War Department entered into an agreement by the terms of which the owners of the Sibley tent were to receive a royalty of $5 for each tent manufactured by the War Department in accordance with the patent. Royalties were received by the patentees for some time thereafter at the stipulated rate. Shortly after the outbreak of the Civil War, Major Sibley resigned his commission in the Army of the United States and joined the Confederate Army. Thereafter until September 3, 1861, one-half of the royalties were paid by the War Department to Major Burns. On December 26, 1861, all payments were suspended. In 1868, Major Burns brought a suit in the Court of Claims to recover the entire royalty then due under the contract, on the theory that Major Sibley being barred from recovery due to disloyalty, he (Burns) was entitled to the full amount of the royalties under the contract. The Court of Claims denied the right of Major Burns to recover the entire amount of royalty due under the contract, but entered judgment in his favor against the Government for one-half of the royalty or $2.50 on each of the 40,497 tents, amounting in total to $101,242.30. În discussing the matter of the right of recovery of Major Sibley, the court said: * * * For by the act of March 3, 1863, chapter 92, the United States barred Major Sibley of any action here either joint or several, because of his disloyalty. * * *" (Burns v. United States, 4 Court of Claims Reports, An appeal was taken by the United States from the decision of the Court of Claims. The Supreme Court in 12 Wallace 246 affirmed the decision of the p. 126.) Court of Claims. The records of the War Department indicate that Major Sibley served as a cadet at the United States Military Academy, West Point, N. Y., from July 1, 1833, to July 1, 1838, when he was graduated and appointed second lieutenant, Second Dragoons; that he was promoted to be first lieutenant and captain on March 8, 1840, and February 14, 1847, respectively; that he was appointed major, United States Army brevet, March 25, 1847, and in War Department orders dated July 11, 1861, it was announced that he was discharged the service upon tender of his resignation to take effect from May 13, 1861. The records also show that Major Sibley was appointed a lieutenant colonel of Infantry in the Confederate States Army to rank from March 16, 1861, date of appointment or acceptance not of record; that he was later appointed a brigadier general, Confederate States Army, June 17, 1861; and that he accepted said appointment on July 9, 1861. It is apparent that the prohibition contained in the act of March 3, 1863, chapter 92, which is now included in sections 160 and 161, Judicial Code, act of March 3, 1911 (36 Stat. 1139), would be a bar to recovery by the legal representatives of Henry H. Sibley in the Court of Claims, in view of which I refrain from making any recommendation. Sincerely yours, DWIGHT F. DAVIS, Secretary of War. (A brief of this case, prepared by Mr. Bland, follows:) SUMMARY OF SENATE REPORT NO. 344, SIXTY-NINTH CONGRESS, FIRST SESSION, ON A BILL FOR THE RELIEF OF THE LEGAL REPRESENTATIVES OF HENRY H. SIBLEY He also Henry H. Sibley was a graduate of West Point and an officer in the United States Army from 1833 to May 13, 1861, when he resigned to enter the Confederate Army. He received a pardon from President Johnson on August 16, 1867; this he accepted, took the oath, and complied with all its conditions. came within the terms of the pardon granted on December 25, 1868. Sibley invented the Sibley tent, for which he received United States letters patent on April 22, 1856. On February 6, 1858, Sibley, through W. E. Jones, his agent, made an agreement with Gen. Charles Stearnes, Assistant Quartermaster General, United States Army, whereby Sibley gave a permit to the United States to use his patent upon the payment of $5 royalty for each tent made for the use of the Army. The agreement was to hold good until January 1, 1859, and longer unless terminated by notice to the United States to be served by W. E. Jones, Sibley's agent. A formal contract embodying this agreement was made between the United States and W. E. Jones, acting as agent for Sibley on February 18, 1858. In this contract the United States was authorized to make and procure as many of the Sibley tents as the Government might require upon paying a royalty of $5 for each tent, and the agreement was to remain in force until January 1, 1859, and for a longer period unless the United States received notice to the contrary from Sibley or his agent. The Sibley tent was then adopted by Army regulations as one of the tents used in the United States Army. The tents were used extensively by the Government under its contract. On April 16, 1858, Sibley sold and assigned to Lieut. William W. Burns, United States Army, a half interest in his patent and in the benefits and net proceeds arising therefrom after February 22, 1856. The entire number of these tents made by the United States under private contracts and at its own arsenals was 47,541. The detailed statement will |