Bill v. United States
United States Court of Claims
The Reporters'* statement of the case: The following are the facts of this case as found by the court: I. The claimant, Charles H. Bill, was clerk of the District Court of the United States for the northern district of Ohio from June 19,1885, to June 15, 1886. II. Said District Court was in session on one hundred and thirty-seven days, from January 2, 1886, to June 14,1886, and the judge of said court was present, and the said Bill as clerk in attendance on all of said days.
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The Reporters'* statement of the case: The following are the facts of this case as found by the court: I. The claimant, Charles H. Bill, was clerk of the District Court of the United States for the northern district of Ohio from June 19,1885, to June 15, 1886. II. Said District Court was in session on one hundred and thirty-seven days, from January 2, 1886, to June 14,1886, and the judge of said court was present, and the said Bill as clerk in attendance on all of said days. His accounts for fees at the rate of five dollars a day for his attendance, on said court while in session on said one…
1Opinion of the CourtScofield, J.
The only'question involved in this case is whether a clerk of the United States District Court can lawfully claim per diem compensation for days on which the court meets in actual session, but adjourns without transacting any business.
In the case of Jones v. The United, States (21 C. Cls. R., 1), in which the same question was presented, the court said:
“ The law of the case is presented in the following extract from section 828 of the Revised Statutes, which prescribes the fees of the clerks:
“ ‘ For traveling from the office of the clerk, etc,, * * * and five dollars a day for his attendance…
2Cases cited1 opinion
- Jones v. United StatesUnited States Court of Claims · 1885
3Cited by3 opinions
- Erwin v. United StatesDistrict Court, S.D. Georgia · 1889
- Ackiss v. United StatesUnited States Court of Claims · 1896
- Dickerson v. United StatesUnited States Court of Claims · 1939