The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-07-29
COURT DECISIONS LIT
RU4E CONTROLLER
I'LL gIrbEI%Tos uaaI,kosh1,.,
lskfTLaAG WITH ckRDfTl Il
ORS is SHOWN.
Pay for Army Officers Will be Based
on Work in Military Acad-
lisis1Gerpy. dl1id

Washington Judy 8s6.LRoberts }.
Tracewell, controller OF the treasury,
and L. p, Mitchell, the deputy con-
troller have just rendered decision
affecting the pay Of an officer IN the
regular army, wFlich illustrated two
interesting things: First, the inddffer-
ence on the part OF the United States
toward settling with its creditors, and
second the great power the controller
has with respect to the payment. OF
money from the treasury The de
cision allows. pay account which the
supreme court OF the Undted States
approved mort than twenty years ago.
The rate OF pay OF an army officer
depends on the length OF has service;
the theory being that up TO certain
point the. officer becomes more val
liable as he gains knowledge and ex-
perisnce Years ago the supreme
court held after a most elaborate re-
view OF the laws relative to the mill
tar-y academy THAT the cadets were
z. b.
always part OF the army.
In a later case, decided in 1889, the
supreme court held that the practice
Which had. obtained in the treasury
for a great many years on refusing
credit for time served at the military
academy, was erroneous. Under the
FIRST decision the officers were paid
from 1881 onward; and when the sec
ond decision. came out the department
began m good faith TO readjust the
accounts. A few prominent and inhen-
tiai officers got their. pay.
Then a new controller of the cur
rency took office. and he decided that
norwSttlst andihg the sltpre ne courts
decision. he WOULD not p rmit the
payment of any Of the 9th claims
He directed tflat they all Sc Esallow-
ed. This action caused a sti at the
time, and many efforts were 'ade to
get the controller to. follow he de-
eisiorI OF the supreme court, but with
olst await '''-''' 30 -
Some, Officers, finding that the sit
uaitfon was hopeless in the treasury
department., went 10 congress for re-
iidf- GopgFs7s passes, SePsl4all 8, a s Is ,{or
them and in these case OF course,
the treasury department had to pay,
But a WAS 9rly a feY q fhe f Officers .
who Succeeded in getting this form
of special relief. The others had to
wait, and they have waited. petit5oned
congress year after year Tor reGisf
Now after twenty years. of waiting
the present controller OF the treasury
has taken the mn.-er up, gone into
it very thoroughly, and reached the
conclusion that the practice which his
predecessor had established of disre-
garding and ignoring the decisions OF
the supreme court should not be fol-
BOWED any longer 5f <a
He says in his decision:
THE decisions OF the court OF
CHAINS and. of the supreme court OF
the United States upon a construction
that shopld be placed upon an act OF
congress are not law, in the sense that
statutes are law, but they are the
highest evidence OF the meaning of
the statute which is the law, and in
that, sense they are binding not only
upon the accoqruing officers. but u2on
all other officers and persons over
whom the sovereignty OF the United
Stars exteaiiTl o.,edoT SIT
"The Asserted doctrine that because
he Obstruction place, i93n. he &c;
OK by r. accour;.ue- off GERS
peeva.1ed for long per;o1 81 iimc,
such construction should be persisted
in, Notwithstanding the. court OF
claims and the supreme court had de-
cided Hhat such construction. was
wrong, and contrary to hw, / do no:
think can, be sanctioned, $3.50.
ITO do SO is to perpekuate error.
overthrow the faw and deny to a
worthy class OF men the rights whici,
the law dearly gives to them, In
other words, the supreme court of the
United States, being the ultimate tri-
sbunal Ito determine the meaning of
statutes enacted by congress, the ac-
counting officers are not justified in
setting up ,tihssSifF jq pdggmepF in conflict
with the decision OF the supreme
court IN such cases upon the. asstirnp
ton that such decisiin is unreasonable
or Because 1t IS in conflict with
hong standing practice Of the account
ing officers 10" ,''- i'''l" -