McMath v. United States

Thomas MacMath was at the time of his death an employee in the customs service at the port of New York. His administratrix brings this action.

Plaintiff’s intestate was appointed “ assistant weigher of customs” on August 1, 1896, at a salary of $3 per diem “ when employed,” and he was appointed “ assistant weigher of customs ” on July 27, 1901, at a salary of $4 per diem “ when employed.”

On July 1, 1908, his designation of “ assistant weigher of customs ” at $4 per diem “ when employed ” was changed so that his compensation was $4 per diem throughout the year.

On May 12, 1909, plaintiff’s…