Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-12
BY COURT OF CLAIMS


The Court OF Claims has rendered de-
cision in the case of Sidney r.. Jacobs. q
clerk in the office Of the auditor for the
state and other departments Of the treas
ury. which 10 said to be OF special interest
to many employees Of the government In
this city. The petition In the case Of Mr..
Jacobs alleged that February IA, 1905, he
was promoted from clerkship OF 81 800
to a clerkship of $2.o0o: that he took the
oath OF office under said promotion on tho
date named and assumed the duties under
the promotion. that he received compensa-
ton from February /. 1906. to February Is.
1906. both inclusive. at the rate Of 81. 800
per annum or thirteen-thirtieths OF one
twelfth OF 81 500 per annum or $65, and for
the remainder of the month Of February
he received only fifteen thirtieths OF ONE
twelfth of 5000 per annum or 1898, maxi
Ing total of $148.83 as q full months
salary, or an amount less than he would
have received had he not been promoted.
thirtieths Of one-twelfth OF $1,000 His
claim was disRllowed by the controller
OF the treasury, who based his decision on
section Of the act Of April s. 1904. which
provided that the annual compensation Of
government employees shall be divided In
twelve equal installments, and also pro-
vtded that In computing such cOmpensa-
ton each and every month shall be held
actual number OF days. In constituting that
statute the controller held that 1.-The law
provides a fixed sum for an entire months
service and likewise a fixed sum for q
day'srservtce, but 1t does not provide that
an/actual rate for actual service shall be
paid for imaginary days either at one end
or the other of the month of February"
Contention Of Claimant.
The contention of the claimant was that
under the law he WAS entitled to q full
months compensation for the month Of
February. or. in other words. having re-
ceived his full compensation for the first
thirteen days Of that month at the rate Of
81 800 per annum, settled on the basis OF
thirteen-thirtieths of one-twelfth of 81, 800.
he was entitled to Observation-Disclosures OF
one-twelfth of S. 900 for the remaining por-
tlon of the month at the salary provided
for the position to which he had been pro-
NOTED.
The Court OF Claims sustained the con-
tention of the claimant and gave him judg-
ment for the full amount of his claim
SILL. The decision was rendered by Judge
Appleton. He declared that the language
of the statute was perfectly clear. and that
the compensation for the claimants salary
for the month of February. 1905, should
have been upon the basis Of thirty-day
month.
when an officer or employee of the gov
eminent" Judge Appleton says, serves
only for a fractional part of month, and
resigns or Is discharged from the public
service, he is entitled to pay only for the
fraction that he has served. 1t is well set
and a person duly appointed to 1t. has quail
fled and entered upon the discharge of his
duties. he Is entitled during his incumbency
to be paid the salary prescribed by the law,
and neither. the appointing power nor the
accounting officers have control over the
salary, either to increase or diminish It."