The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-24
UNITED STATES SUPREME COURT.
THE TWENTY PER CENT LAw-DEPARTAIENTAL
DISTINCTIONS


WASHINGTON July 20, 1875.
No. 1884, The United States, Appellants. vs..
william saunders.-AppeaI rom the Court OF
Claims. Mr. Justice Bradley delivered the opinion
OF the Court. We are clearly of opinion that the
claimant in this case was not within the intent
and meaDng OF the 18th section Of the act Of July
20, 1866. The Court Of Claims finds 1t is true, that
he held tn e position OF supern tendent OF the pub
lie garden OF the Agricultural Department during
the period for which the claim IS made namely,
from March 4, 1865, to July l, 1870, but II Is well
known that tho botanical garden near the Capitol
has been regarded as puonc garden i0r many my
garden OF the Agricultural Department was
established. and that u was managed by
a superintendent and assistant superintendents.
1t Is equally well known that this garden has Tor
long period, II not always, been under the I'M
mediate direction and control OF the Joint Library
Committee or Congress. The public statues con-
tain a long series OF appropriations for both gar
den ana superntendents. Alter showing tina the
experimental garden, of which the com IaiRant
IA superintendent Is an appeRdage or the Depart
ment OF Agriculture, tae opinion proceeds From
this Legislative history II is apparent that the Boz
tanic garden near the capitol WAS regarded as a
pubic garden that 1t had superintendent and as
for years Oeen made for their salaries superin-
tendent ana assistants by name, aud that they
Ssed S unSs the Immaculate direction man o
the JOINT Library Committee OF the
two houses OF Congress SIg CaS; They were
seems TO us that the eighteenth section or the
act OF July 2S 1865 which provides Tor tie addl-
ton OF the twenty per cent now claimed py
the appellee, had reference only to persons en-
ployed under the direction OF the two Houses OF
Congress or their committees, and not to those OF
any OF the executive departments. The section
itsolf is its own best interpreter. II Is as fol-
lows ia stat, 323l -
Section Is And be it further enacted that thore bo
allowed and paid to the officers, clerks, committee
clerks messengers and an other employees q he senate
House OF representatives, and 20 the Globe and Off
oia OF each House and the Of
the House, and 10 the CapItoi police and the three
OF the puDllc gardens CLERKS
assistants, and to the librarian assistant librarians
messengers and other employees OF the Congre ssional
Library an addition Of twenty per cent on their present
amount ne cesary nay this allowance hereby appro.
priated any money In the Treasury not otherwise
appropriated.
In view OF the long supervision over the oianic
Garden by the Library Committee, and or the pre-
vious legislation referred TO, language could
hardly be plaIner But there Is additional evil
dence tnat this increase OF salary was intended TO
be confined to persons employed under the imme-
date direction or the two Houses Of Congress and
their committees In the TACT that By Joint reso-
luton OF February as, 1867 "a Statutes, 509l,
twenty DER cent Was addsd Ia tba ssiarlas OF All