Legal Opinion

Engard v. United States

United States Court of Claims

Decided May 25, 1903No. 23133PublishedCited by 1 opinion

On the Proofs. The Reporteri statement of the case: The following- are the facts of the case as found by the court: I. On the 11th day of February, 1897, the claimant was a chief engineer in the United States Navy on the active list, performing duty on the U. S.- It. S. Richmond, at League Island, Pa.

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On the Proofs. The Reporteri statement of the case: The following- are the facts of the case as found by the court: I. On the 11th day of February, 1897, the claimant was a chief engineer in the United States Navy on the active list, performing duty on the U. S.- It. S. Richmond, at League Island, Pa. On February 11, 1897, the following order was issued to him: “4915L-G “ NAVY DEPARTMENT, “ Washington, February 11, 1897. “Sir: Report, by letter, to the president of the Steel Inspection Board, navy-yard, Washington, D. C., for temporary duty in connection with the inspection of steel tubes for…

1Opinion of the Court

Nott, Ch. J.,

delivered the opinion of the court:

The statute relating to sea pay (Rev. Stat., 1571) is sweeping in its terms, but in neither departmental nor judicial construction has it been taken literally.

A ship at anchor is not a ship at sea; a ship sailing up a river is not a ship at sea; a ship in service on inland waters is not a ship at sea; a ship hauled up on a dry dock in a foreign *716port is not a snip at sea; a ship fighting her way up the Mississippi in 1862 was not a ship at sea; yet in all of these cases it has been held by the accounting officers or the courts that officers…

2Cases cited3 opinions

  1. Symonds v. United StatesUnited States Court of Claims · 1886
  2. McGowan v. United StatesUnited States Court of Claims · 1901
  3. Collins v. United StatesUnited States Court of Claims · 1902

3Cited by1 opinion

  1. Doyle v. United StatesUnited States Court of Claims · 1911

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