Leonard v. United States (279 U.S. 40)

Major in Marine Corps, retired in 1911 because of wounds received in battle, held not entitled to have years spent by him in inactive service on the retired list counted in determining the amount of his base or period pay under Act March 2, 1903, 32 Stat. 932, Rev. St. §§ 1274, 1612, 1622 (10 USCA § 971, 34 USCA §§ 971, 681), Act June 10, 1922, § 17 (10 USCA § 972), Act May 11, 1908, 35 Stat. 108, Rev. St. §§ 1262, 1263, Act June 30, 1882, 22 Stat. 118, and Act May 8, 1926 (10 USCA § 972a), by which certain provisions for longevity pay are extended to retired officers, in view of Act June 4, 1920, § 24, 41 Stat. 759, and 1922 act as amended by Act May 26, 1928 (37 USCA § 26).

Messrs. George A. King, William B. King, and George R. Shields, all of Washington, D. C., for petitioner.

Messrs. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen., for the United States.

Mr. Justice STONE delivered the opinion of the Court.