Schwanz v. United States

The plaintiff is a private in the United States Army, belonging to a company assigned to duty as a part of the prison guard at the military prison at Fort Leavenworth, Kans., and this suit is brought to secure extra-duty pay at the rate of 35 cents per day during the whole period covered by such service. The decision as to such right of recovery depends upon the construction to be given to several statutes; and an examination of the history of the legislation on this subject as well as its administration is necessary for its better understanding.

For several years prior to March 3, 1909, the…