United States v. Saunders (89 U.S. 492)

APPEAL from the Court of Claims; the case being thus:

On the 28th of July, 1866, Congress enacted:

'That there be allowed and paid to the officers, clerks, committee clerks, messengers, and all other employees of the Senate and House of Representatives, and to the Globe and official reporters of each House, and the stenographer of the House, and to the Capitol police, and the three superintendents of the public gardens, their clerks and assistants, and to the Librarian, assistant librarians, messengers, and other employees of the Congressional Library, an addition of twenty per cent. on their present pay, to commence with the present Congress.'

This act was repealed July 12th, 1870.

By a joint resolution of the 28th of February following, it was resolved -- 'That there shall be allowed and paid to. . . its civil officers, clerks, messengers, and watchmen and employees in the executive mansion, and in any of the following named departments, or any bureau thereof, to wit: State, Treasury, War, Navy, Interior, Post Office, Attorney-General, Agricultural, and including civil officers and. . . clerks and employees in the office of the coast survey, naval observatory, navy-yard, arsenal, paymastergeneral, &c., & c., and additional compensation of twenty per cent. on their respective salaries as fixed by law, &c.,. . . for one year.'

With these two proceedings of Congress, the act of 1866 and the joint resolution of 1870 in force, one Saunders, who was engaged at a salary in superintending the public gardens of the Department of Agriculture, at Washington, applied and got an addition of 20 per cent. to it under the joint resolution, for the one year, during which the resolution gave the increase.

Subsequently, assuming that the act of Congress was a continuing act and not one making an allowance for one year only, and assuming also that his employment brought him within its provisions, he filed a petition in the Court of Claims, alleging that he was 'Superintendent of Gardens in the Department of Agriculture,' from March 4th, 1865, to July 1st, 1870, and asking the addition of 20 per cent. given by the act of Congress during that time.

The Court of Claims found as a fact that 'he held the position and performed the duties of Superintendent of the Public Gardens of the Department of Agriculture,' and during the time for which the 20 per cent. was claimed; and conceiving that he came within the act, gave him the addition prayed for.

From this, its decision, the United States appealed.

The only question considered by this court was whether Saunders was within the act of Congress.

Mr. G. H. Williams, Attorney-General, and Mr. John Goforth, for the appellant; Mr. J. W. Denver, contra.

Mr. Justice BRADLEY delivered the opinion of the court.