United States v. Tanner

Action by John R. Tanner, United States marshal, against the United States, to recover mileage fees. From a judgment for plaintiff, the United States appeals. Reversed.

Statement by Mr. Justice BROWN:

This was a petition to recover for services, as marshal of the United States for the southern district of Illinois, in executing certain warrants of commitment of prisoners to the penitentiary at Chester, Ill. The claims were for travel fees in the service of the warrants, and were disallowed by the comptroller upon the ground that a claim for mileage had already been allowed for, as 'transportation' for the deputies who executed the writs. The fifth finding of fact was that 'prior to or about the 1st of October, 1885, it had been the usual practice of United States marshals to charge mileage in their accounts for going to serve writs of commitment within their respective districts, six cents a mile, in additions to ten cents a mile, each, for transportation of themselves or deputies, prisoners, and guards; and such charge, when made, had been allowed by the accounting officers of the treasury until the date named, when the practice was changed, and such mileage was thereafter not allowed.'

Upon this state of facts the court found, as a conclusion of law, that petitioner was entitled to recover the sum of $128.16. 25 Ct. Cl. 68. The United States appealed.

Sol. Gen. Aldrich, for the United States.

Geo. A. King, for appellee.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.