The New York herald., 1878-10-23
UNITED STATES SUPREME COURT.


MIssARY ENTITLED TO ADDITIONAL PAY.
WASHINGTON, Oct. %, 1878.
Tho following decision has been rendered by tho
Unitcd States Supreme Court
No. 1O3l The United States vs.. John T. Morrison.
Appeal from tho Court oi Cuims.
MORRISON, tho appellee q Lieutenant In the Tenth
res,mcnt Of cavalry, appointed rcgimen,ai quar-
ternaster ana his appointment approved June 3Oth,
1875. On the same day, Hunt. second lieutenant In
the regiment, was promoted to DO hrst iiou-
tenant Tho place oil Morrison, ''uppoin-
led rcgimcntai quartormaster." on the 22d
his os,S9' o'ns9 au,,o.' was assigned 10 duty as
assistant conmissary OF post ana by virtue OF that
appoin ment served rs acting assistant com mssury
from November /, 1875, to aud including February
2S 1871 lie has been paid in iul as quartermastcr,
but nothing in addition as acting assistant commits
sary TINS action Il brought TO recover ut the rate
OF 500 year Tor extra service.
The single question presented Is whether, since tho
Revised Statutes rcsmental quartcrinaster serving
acting assistant commissary s ontllcd to ad
dinouai pay on that account.
by section L. lOa. Revised Statutes, each rcgimcnt
OF cavalry is to have among It's officers one quarter
muster, who is 10 be an extra lieutenant, selected
from tho first ana second iieutenants Of tho reRi-
mcnl" such has been the law since 1866.
(l2 stat. 500, sec. IL; IL stat, 532,
81 Tho selection Is made By tho colonel
or permanent commanding officer of tho regiment,
subject 10 the approval OF The Secretary OF War;
Until 1870 the pay OF regimentai quartcrmasters was
rs 10 per month IN addiiion thor pay linc
ana forage e. STAT Az sec. 24 lhe act OF July Is
1870 l6 sat, $40 sec. 24l provided that the pay
OF "rcsimentai quartermaster shall DO sl.soo
snail DO Sl.500; tho pay Of nrst lieutenant not
mounted. shah De $1,000; The pay OF second llieu-
tenant. mounted, shall be 81 500; the pay Of second
lisutenaDt. not mounted, snail DO 81, 400;
the pay OF acting assistant commssary shall be Si0o
In addition to pay OF MS rank" THIS pro-
VISION has been reproduced IN tho Revised
Statutes (section 1, 2Cl) rcgimonial quartermas-
ter Is therefore either lrst or second
lieutenant IN rank ana his pay 81, S00 There Is
provision for the pay Of the rank OF lieutenant dis
connected IRON the service to be peroi med but the
pay OF the rank rs graduated by tho service. Tho
compensation Is not ior rank aud service. but
Tor rank according to service. thus a heu-
tenant IN cavalry service Is paid moro than
infantry and In reeimenial service more tnan IN
airy. Whether in one service another his rank
Is that OF lieutenant, and consequently hts pay IS
that OF his RANK. Under tho law II was before
1870 ne paid or hts service upon tho stan IN I'D
dtion to that for hts rank. but the pay OF hts
rank includes all. Beng extra lsutcn-
ant IN tho regiment assigned 10 duty as
quartermastcr, anu consequently performing roai.
mental service, his pay lieutenant 500. Wncn
therefore, tho additional duty o! acting assistant com
missary is put upon him It would scom DO clear
cntticd to the additional pay allowed Tor
that service. Tho rule now IN iorcc, that
mo officer shall receive pay tor Two stan appoint
ments at the same timc,p Is hold not to apply, be-
cause at the date OF this apponmcn IL was not re-
gardcd additional s,a appointment; so u Is held
that IN th Is case tue additional compensation was not
pay iUr a second stan appointment.
The ChiciJu Jusiicc delivered tho opinion.