Legal Opinion

Wilson v. United States

United States Court of Claims

Decided March 29, 1909No. 29799PublishedCited by 2 opinions

The Reporters'1 statement of the case: The facts alleged in the petition are sufficiently set forth in the opinion of the court. Under a former law a Member of Congress had to certify to “ his actual expenses of traveling from' his home to the seat of government each session of the House to which he belongs! That was not additional compensation! Nothing but actual expenses was paid the Member. If no expense, no pay. It all depended on the actual expense.

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The Reporters'1 statement of the case: The facts alleged in the petition are sufficiently set forth in the opinion of the court. Under a former law a Member of Congress had to certify to “ his actual expenses of traveling from' his home to the seat of government each session of the House to which he belongs! That was not additional compensation! Nothing but actual expenses was paid the Member. If no expense, no pay. It all depended on the actual expense. He was entitled to his compensation of $5,000 a year and the actual expense of travel. His $5,000 a year was not to be encroached upon by…

1Opinion of the CourtBaRNEv, J.

This is a suit brought by Hon. John F. Wilson, who was a Delegate to the Fifty-eighth Congress from the Territory of Arizona, for mileage claimed to be due him. Mr. Wilson attended the extraordinary session of the Fifty-eighth Congress which was convened by the proclamation of the President on November 9, 1903. This extraordinary session continued in session until December 1, 1903, the day appointed by the Constitution for the annual convening of Congress, and up to a few minutes before the annual constitutional session was called to order.

The Fifty-seventh Congress at its last regular…

2Cases cited3 opinions

  1. United States v. HarmonSupreme Court of the United States · 1893
  2. United States v. SmithSupreme Court of the United States · 1895
  3. Smith v. United StatesUnited States Court of Claims · 1891

3Cited by2 opinions

  1. Bercaw v. CommissionerCourt of Appeals for the Fourth Circuit · 1948
  2. Jones v. United StatesUnited States Court of Claims · 1925

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