Savannah morning news. [volume] (Savannah) 1868-1887, 1883-11-06
CONGRESS AND SALARIES.
STATUTE COMPENSATION LA
BILE TO REDUCTION.

Smaller Appropriations with the Words
"In Full Compensation" Sufficient
Notification of Reduced Pay for Off
cial Positions A Precedent Estab-
lished by Supreme Court Decisions.
WASHINGTON, Nov. 5.-The Supreme
Court to-day rendered a decision in case
No. 50, the United States, appellant, VS..
Joseph w. Fisher; and in case No. $50.
the United States, appellant, VS.. Charles
Mitchell, appeals from the Court of
Claims. The decision of the court in
these two cases has been awaited with
more than usual interest for the reason
that they were supposed to involve the
right and power of Congress to regulate
the salaries of United States officers from
year to year by means of appropriation
bills, regardless of the previous statute
definitely fixing the compensation to
which such officers should be entitled.
The first Of the above named cases is
that of the Chief Justice of Wyoming.
whose salary was fixed by the statute at
$3,O0Oper annum. This statute was never
at any time repealed, but Congress, in
the legislative, executive and judicial
appropriation bills of 1877, 1878 and 1879,
appropriated for the salary of the Chief
Justice of Wyoming only $4,000 annually,
and added that this should be in full com
pensation for his services. Chief Justice
Fisher, believing himself to be entitled
to the whole $4,000 per annum
liked as the salary of his
Clnce by an unrepealed and
existing statute, brought suit in the
Court of Claims to recover the amount of
the deficiency, and obtained pro forma
judgment in his favor. This court re-
verses that judgment on the ground that
the act liking his salary was not con-
tract with him; that Congress had full
power at any time to change the rate of
his compensation, and that it was the
evident intention of Congress, in the sew
eral appropriation bills. mentioned, to
suspend the earlier statute fixing his sal
ary at $4,000, and reduce that salary du-
ring the time covered by such appropria-
tion bills to $4,000 per annum
In the second of the above named
cases, that of the United States
VS.. Charles Mitchell, an Indian
Interpreter, the claimant also obtained
pro tOrma judgment in his favor in the
Court of Claims, but it is reversed here
on appeal for nearly the same reasons
which are assigned IN the Fisher case.
The court adds, however, that it does not
wish to be understood as deciding now
the question whether a simple failure
by Congress to appropriate any or
sufficient sum to pay the salary of an
officer fixed by previous law is of itself
an expression of the purpose by Congress
to reduce that salary. The effect of the
present decision seems to be to confirm
the power of Congress to regu-
late by means of appropriation
bills, and without any separate and spe-
citic legislation, all salaries over which
it has control, and to change every year
the salary of every officer of the govern
ment except the President and Judges of
the Federal Courts, by merely changing
the amount appropriated for the payment
of that officer, and adding that the sum
provided shall be full compensation. The
opinions in these cases were prepared by
Justice Woods