United States v. Stahl

Statement by Mr. Justice GRAY:

This was a claim for $1,000, alleged to be due for longevity pay as an assistant engineer in the navy from June 10, 1882, to August 10, 1887. The petitioner alleged that he was entitled to this amount, 'after deducting all just credits and offsets.' The answer was a general traverse.

The findings of fact by the court of claims were as follows: 'Claimant entered the naval academy, September 14, 1876; graduated June 10, 1880; and was commissioned assistant engineer June 10, 1882. On August 10, 1887, he resigned his commission as assistant engineer. On August 11, 1887, he was duly appointed and commissioned an assistant naval constructor. Claimant has never received any credit upon his commission as assistant engineer for his service in the navy from his entry into the naval academy, September 14, 1876, till the date of his said commission, June 10, 1882. On December 30, 1888, claimant was given credit for his prior service at the naval academy, and as assistant engineer, upon the commission then held by him of assistant naval constructor. The amount due claimant is $1,000 as unpaid longevity pay.'

Upon these facts, the court of claims decided, as a conclusion of law, that the claimant was entitled to recover the sum claimed, and gave judgment accordingly. The United States appealed to this court.

Asst. Atty. Gen. Dodge and Felix Brannigan, for the United states.

John Paul Jones, for appellee.

Mr. Justice GRAY, after stating the case, delivered the opinion of the court.