Wentz v. United States
United States Court of Claims
The Ref otters’ statement of the case: The following are the facts of the case as found, by the court: I. July 21, 1897, the -President appointed.
Read the full summary
The Ref otters’ statement of the case: The following are the facts of the case as found, by the court: I. July 21, 1897, the -President appointed. John T. Wertz to be a special agent to make allotments of lands in severalty to Indians on the Wind River or Shoshone Reservation, in Wyoming, under the provisions of the act of February 8, 1887 (24 Stat. L., 388), as amended by the act of February 28, 1891 (26 Stat. L., 794), with compensation at the rate of $8 per da}*- and actual and necessary traveling expenses, exclusive of subsistence, vice John W. Clark. II. On the 27th day of July, 1897,…
1Opinion of the Court
Nott, Ch. J.,
delivered the opinion of the court:
Upon the facts existing in this case the court has reached the following conclusions:
1. When the compensation of an officer is by the day the Government is entitled to the exemption of an ordinary employer, viz, that of being liable only for the days when the officer is actually employed. But, conversely, the Government, like an ordinary employer, is liable for days when its officers have required the employee to hold himself in readiness for employment or when he is constructively employed by being -placed in circumstances where he can not find…
2Cases cited2 opinions
- United States v. MurraySupreme Court of the United States · 1879
- Howard v. United StatesUnited States Court of Claims · 1887
3Cited by2 opinions
- Arant v. United StatesUnited States Court of Claims · 1920
- United States v. HoytU.S. Circuit Court for the District of Eastern Washington · 1907