The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-14

tho regulations by which they should DO governed
wherever such goes the power Of tue nation accompa
Justice swayuo delivered tho opinion The Chef
Justice did not sit In the case and took part IN ts
decision.
Chorpcnning VS.. the Unitea States Appeal from
the Court of Ciaims-rhe Court arms the decision OF
the claimant The duty dcvolved upon tho Post
master General under the act Of Congress- hold to DO
wholly ministerial and IN no sense judicial that OF
any arbilramenL The adjustment having been
made under special law renders u IN
nowise different from those made daily by
tho accounting officers OF the government under
the general Law comforting their powers and pre-.
scribng their duties The idea that the government
Is concluded by tho results at which they may arrive
woald be regarded as novelty within and without tho
several departments. Justice Swayne delivered the
No. 96a United States VS. Phlstercr-Appeai rom
the Court Of Claims In this decided that
an officer who IS ordered home to await orders under
the Consolidating act OF March g. 1862 from post ut
which he IL doing military duty 10 entitled to mileage
while travelling ~ pursuance OF such order, under
section No. ITO OF Army Regulations The case is not
controlled by the section providing that when officers
are permitted 10 exchange stations &C., they must
bear their own expenses. Tho home Of the officer 10
which he is ordered Is not military station. mil
ary station is ncary synonymous with military post
In each case u means not an ordinary res
that ono OF Its occupants holds military
commission, but place whore military duty is per-
formed or stores kept distributed something
connected with arms is kept done. There
being exchange OF stations, the Is governed by
the section named and the officer entitled 10 his
mileage. by section 1850 OF the Regulations
when public quarters cannot be furnished to
officers stations without troops quarters will be
commuted at fixed by the Secretary OF War; and
fuel at tho market prices. An olcer ordered home TO
await orders is not entitled to this commutaon. HIS
homo Is not station within the meaning the regu-
lation. Mr.. Justice Hunt delivered the opinion This
also dsposcs OF great number OF similar ones
No. 40I United States W.. Martin-Appeal from the
Court OF ClainsIn this It Is decided that the
Of Congress declaring tina. ''cght hours shall
stitute day work for all aborcrs OF worKnen, &c,
employed by or on behalf OF the govern
ment OF the United States" Is In the ma
ture oil direction by tho United States
to It's agents. and not contract with laborers 10
that effect and does not prevent tho officers Of the
government from making agreements with laborers
by which tho days labor may be made more or less
than eight hours. The does prescribe the
OF compensation to be paid tor the labor Of
eight hours or OF any other time Where laborer
has been in the habit oil working Tor the
government twelve hours day, ut compensation
OF 81 30 per day. and IN answer to his request Is in
formed that II he wishes to remain the service he
continue to work twelve hours per day and
ccivc his pay accordingly, he cannot atterward re.
cover Tor the additional time over eight hours as
days labor When application is made for the
excess Of time eight hours per day and
allowance made and tho receipts In full for
the account this Is bar to any future claim. This
decision Will dispose of large number OF cases OF
similar character put forward test Dir. Justice
Hunt delivered the opinion