Legal Opinion

Van Doren v. United States

United States Court of Claims

Decided May 31, 1910No. 30413Published

The Reporters' statement of the case: The facts set up in the petition sufficiently appear in the opinion of the court. The Supreme Court has held many times that save in case of clearly demonstrable error by the department it would not overturn a construction long held and acted upon. (United States v. Moore, 95 U. S., 760, 763.) So often has this principle been affirmed and applied that we know of no other more thoroughly established in our administrative law.

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The Reporters' statement of the case: The facts set up in the petition sufficiently appear in the opinion of the court. The Supreme Court has held many times that save in case of clearly demonstrable error by the department it would not overturn a construction long held and acted upon. (United States v. Moore, 95 U. S., 760, 763.) So often has this principle been affirmed and applied that we know of no other more thoroughly established in our administrative law. (Permoyer v. McGonnaughy, 140 U. S., 1, 25; Stuart v. Laird, 1 Cranch, 299; Union Insurance Go. v. Hoge, 21 How., 35; United States…

1Opinion of the CourtAtkiNSON, J.

The Postmaster-General transmits to the court under Be-visecl Statutes, section 1063 and section 2 of the act of March 3, 1883, for adjudication, the claim of a letter carrier in the post-office at Washington, D. C., for work alleged to have been performed by him in excess of eight hours per day.

*480The claimant voluntarily appears and files his petition herein, averring in substance that he was appointed February 9, 1909, a letter carrier in the post-office at Washington, D. C., at a salary of $600 a year; that during the week ending May 2, 1909, he was actually and necessarily employed in…

2Cases cited15 opinions

  1. Wayman v. SouthardSupreme Court of the United States · 1825
  2. United States v. TynenSupreme Court of the United States · 1871
  3. United States v. MooreSupreme Court of the United States · 1878
  4. Smith v. . the PeopleNew York Court of Appeals · 1872
  5. Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888

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