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The Fayette County Union
West Union, Fayette Co., Iowa
Thursday, July 24, 1919
Page Two column two
IOWA BOY SUES THE GOVERNMENT
First Case of Its Kind to Be Filed in The History of The United States
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Claiming that he is permanently and totally disabled as the result of wounds received from bursting shrapnel at Chateau Thierry, Leo L. Covey of Cherokee, Ia, a discharged soldier, is suing the United States government for $22,950.40 in collection of his $10,000 war risk insurance policy and for damages which he alleges were guaranteed him at the time of his enlistment in case he was permanently disabled. Covey is wearing the fouragerre, a French decoration for citation for bravery in action.

The case is notable in that it is believed to be the first time that any suit, has been-brought against the government for any cause by any individual.

Heretofore such suits have been illegal, but by virtue of the war risk insurance act passed by congress Oct. 6, 1917, Covey claims the right to sue in case he can come to no agreement with the insurance bureau regarding the settlement of his claim. Attorneys state that to the best of their knowledge this is the first case of its kind filed under this act.

The petition in the case was filed in the federal court for the northern district of Iowa at Sioux City. Ia., by I.P. Cleary, a Sioux City attorney. The case is being handled by Mr. Cleary and G.P. North, a Cherokee lawyer.

 

In his petition the soldier hero makes sensational charges against the agents of the bureau of war risk insurance; and the officials of the army. He says, "The plaintiff is informed and believes that it is the intent and purpose of the agents of the war risk insurance bureau and the officers of the army to delay payment of insurance policies and to construe all cases of disability as not being total and permanent disability and thereby defeat the intent and purpose for which the act was passed by congress."

Covey is hobbling about his widowed mother's little cottage at Cherokee today wondering when the government will come to his aid as it promised when he offered his life in its service in the thick of battle. There was no quibbling at that time, the soldier hero states. The boys did not weigh the consequences but went into the fight and risked their all without one moment of faltering. Today he can not understand why the government does not answer his letters in regard to his insurance. Meanwhile his aged mother is trying to make their meager living from a small garden patch on an adjoining lot. Despite the fact that he was wounded more than a year ago and that he has written several letters to the bureau setting forth his claims, he has heard nothing from the bureau in regard to the matter, Covey asserts in his petition.

In the petition it is alleged that it is the purpose and intent of the government to compel wounded soldiers to accept alms from charitable organizations, such as the Red Cross, or reenlist in the army in order to receive any of the benefits from the insurance policies.

The notice on the back of the policy stating that it will be unnecessary to employ an attorney or agent to collect claims from the government. Covey says, "is false and is designed to lull the beneficiary into positive acquiescence in the forgoing alleged politics of the government.

With the characteristic pride that made him too proud to stay out of the fight the Germans, the soldier here makes it plain in his petition that he does not desire any charity from the government "If the plaintiff is not entitled to his claim as a matter of right under existing laws, then he wants this petition dismissed,"  the petition reads.

Covey is attempting to collect $11,070.40 on his insurance policy, being the face value of the policy and attorney fees for the collection. He further asks a judgment against the government for S30 a month for the remainder of his life as agreed when he enlisted. The aggregate amount he is asking $22,930.40.



~ transcribed and submitted by a Constance for Iowa in the Great War