Legal Opinion

Nelson v. United States

United States Court of Claims

Decided January 29, 1906No. 24751Published

The Reporters’ statement of tile case: Tlie following are the facts of the case as found by the court: I. On the 29th day of December, in the year 1902, the Navy Department issued the following circular: “ DEPARTMENT 03? THE NaVX, “ Bureau of Medicine and Surgert, “ Washington, D. G., December 89,190®. “Sir: The Secretary of the Navy, in order to meet the exigencies of the service, has authorized the appointment of 25 acting assistant surgeons for three years’ service, to…

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The Reporters’ statement of tile case: Tlie following are the facts of the case as found by the court: I. On the 29th day of December, in the year 1902, the Navy Department issued the following circular: “ DEPARTMENT 03? THE NaVX, “ Bureau of Medicine and Surgert, “ Washington, D. G., December 89,190®. “Sir: The Secretary of the Navy, in order to meet the exigencies of the service, has authorized the appointment of 25 acting assistant surgeons for three years’ service, to have the same rank and pay as assistant surgeons in the regular service. “ The pay is aá follows: “At sea. $1,650.00 a…

1Opinion of the Court

Peblle, Ch. J.,

delivered the opinion of the court:

In January, 1903, the claimant was appointed for temporary service in the United States Navy under Revised *162Statutes, section 1370, as amended by the act of May 4, 1898 (30 Stats. L., 380), which, among other things, provides: “ The President is hereby authorized to appoint for temporary service twenty-five acting assistant surgeons who shall have the relative rank and conqpensation of assistant surgeons.”

Under that appointment the claimant became entitled to and was paid the rate provided for by Revised Statutes, section 1556, for assistant…

2Cases cited2 opinions

  1. Taylor v. United StatesUnited States Court of Claims · 1903
  2. Thurber v. United StatesUnited States Court of Claims · 1905

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