Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-05-21
The Twenty Per Cent. Decisiou.

The Court OF Claims having in fourteen test
cases decided the applicants entitled to the %
Per cent. additional compensation provided by
set of Congress, February %, 1867, the United
States appealed to the Supreme Court, which
tribunal recently rendered . decision (men-
toned in THs STAR ut the time) affirming the
judgments Of the Court Of Claims in twelve, and
reversing them In two cases. The Supreme
Court, In former decision. denied that the
words Of the resolution, Gin the iyii service of
the United States" as there employed, should
be restricted 70 persons filing Offices or holding
appointments established BY lay. The court
rejected that narrow construction Of the phrase,
and unanimously decided that neither q CON-
mission nor q warrant Of appointment Is neces-
sary to entitle IN employe to the benefits Of the
joint resolution, provided he was actually and
properly employed in the Executive mansion,
or in any OF the departments, or in Any bureau
or division thereof, or in any OF the Offices spe-
cifcslly designated in the said joint resolution.
In the late decision Of the Supreme Court the
same opinion Was adhered TO. The appellants
held that the fourth section of the appropri-
alton act OF July u, 1870. which enacts that all
acts and joint resolutions or parts thereof, and
suresoiutions of either house of Congress grant
Ing extra compensation or pay, be and the same
are hereby repealed, TO take effect on the first
day of july in the same year, was bar TO the
right OF recovery In all of the cases under con-
sideration. and submitted several points to show
that the claimants could net recover The court
held-(D That the joint resolution ceased to be
operative az the end Of the fiscal year in which
1t was enacted. (2) That such additional COM
pensation IL allowed only for that year. (3)
That the claims in these cases are only for such
additional compensation during that fiscal year.
(D That the joint resolution ceased to be oper-
alive at the close of that fiscal year. (5) That
the right TO such additional compensation be-
came fixed and vested when the years services
were faithfully performed. (6) That the re-
pesling act, which 1t is supposed constitutes
bar to the cause Of action In these cases, did
not become law until more than three years
after the right to the additional compen-
sation had become fixed and vested and
the joint resolution had ceased to be op-
erative in respect to prospective services.
In conclusion, the majority OF the court held
that the fret twelve persons named (of the four
teen test casey are entitled to recover, as the
claimants clearly come within the meaning Of
the 20 per cent. resolution. But the other two
claimants-O. III. D. Hoffman and George A.
Bell are not entitled to recover; the former be-
cause he was employed as sexton in the Arling.
ton cemetery, in the state Of Virginia, and not
Sin Washington" and consequently his claim
Is not within the words OF the resolution. Nor
was the latter in the civil service OF the United
States within the meaning of that provision, as
be was plate printer, working under q con-
tract at an agreed rate.