Ferris v. United States

*568MEMORANDUM BX THE COURT.

This is a suit brought by the plaintiff to recover increased pay and allowances for exercising a command above that pertaining to his grade from August 27, 1917, to January 5,1918.

Fie relies upon the act of Congress approved April 26, 1898, 30 Stat. 365, which reads as follows:

“That in time of war every officer serving with troops operating against an enemy, who shall exercise, under an assignment in orders issued by competent authority, a command above that pertaining to his grade shall be entitled to receive the pay and allowances of the grade appropriate to the…