United States v. Williamson
Supreme Court of the United States
Appeal from the Court of Claims. The case was thus: An act of March 3d, 1863,† relating to the government of the army, enacts— “ That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law and no more.”
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Appeal from the Court of Claims. The case was thus: An act of March 3d, 1863,† relating to the government of the army, enacts— “ That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law and no more.” This statute being in force, Williamson was commissioned as a captain in the Forty-second Infantry to rank from January 22d, 1867; and served as captain in that regiment until it was consolidated with the Sixth Infantry. This consolidation was effected by General Orders Nos. 16 and 17, series…
1Opinion of the CourtJustice Hunt
The argument against the allowance of full pay is based upon the act of March 3d, .1863, which provides “ that any officer absent from duty with leave, except from sickness or wounds, shall during his absence, receive half of the pay and allowances prescribed by law, and no more.” Captain Williamson, it is said, was, during the period in question, absent from duty with leave, being neither sick nor wounded, and hence, it is said, can receive but half-pay, however that absence might have been caused. This argument is unsound.
The distinction between the case of an officer “ absent from duty…
2Cited by18 opinions
- Althea G. Williams v. United StatesCourt of Appeals for the Ninth Circuit · 1954
- United States v. LippittSupreme Court of the United States · 1880
- United States v. AndrewsSupreme Court of the United States · 1916
- Hironimus v. DurantCourt of Appeals for the Fourth Circuit · 1948
- United States v. PhistererSupreme Court of the United States · 1877
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