United States v. Temple
Supreme Court of the United States
. Appeal from the Court of Claims. This was an- action’ brought in the. Court of Claims by Temple, a commodore in the United States navy, to recover mileage for travel under orders. . The controversy. arises upon the construction of. an act of .Congress.
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. Appeal from the Court of Claims. This was an- action’ brought in the. Court of Claims by Temple, a commodore in the United States navy, to recover mileage for travel under orders. . The controversy. arises upon the construction of. an act of .Congress. The history of our legislation on the subject of mileage to officers of the navy is as follows: The act of March 3, 1835, c. 27 (4 Stat. ’ 756), after giving certain pay, &c., to officers of the navy, declares.in the second section that they shall be entitled to no. other compensation, but with an exception, thus-stated: “ Except for…
1Opinion of the CourtJustice Woods
The statute and the finding of the Court of Claims leave little room for controversy. The law as it stood when the travel was performed was explicit, and .is not open to construetion. We find in it no warrant for the .distinction made by the accounting officers of the treasury between travel by sea and travel on land within the United States, performed by ah officer of the navy while engaged on public business. To hold that for one class of travel he should have eight cents per mile, and for the other his actual expenses, is to make the law and not to construe it. When this travel was…
2Cases cited1 opinion
- Pott v. ArthurSupreme Court of the United States · 1882
3Cited by55 opinions
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- Houghton v. PayneSupreme Court of the United States · 1904
- United States v. HillSupreme Court of the United States · 1887
- United States v. GrahamSupreme Court of the United States · 1884
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