United States v. Thomas (195 U.S. 418)

This was a petition for certain allowances claimed to be due petitioner as a captain in the United States Navy, under act of March 3, 1899 (30 Stat. at L. 1007, chap. 413, U.S.C.omp. Stat. 1901, p. 1072), equalizing the pay of Army and Navy officers, and known as the Navy personnel act. The findings of fact are too long to be here reproduced, but the several items claimed by petitioner, and from the disposition of which these appeals are taken, are cited by counsel in their brief and by the court of claims as follows:

1. From May 26, 1900, to March 1, 1901, he was paid sea pay of a captain, at $4,500 a year, and claims 10 per cent increase of this pay for services in the Philippines and in China, under the acts of May 26, 1900, and March 2, 1901. 31 Stat. at L. 211, chap. 586, and 31 Stat. at L. 903, chap. 803, U.S.C.omp. Stat. 1901, p. 896.

2. From March 2, 1901, to June 11, 1901, he was paid the sea pay of a captain,-$4,500 a year,-and claims 10 per cent increase of this pay for service outside the United States, under the provisions of the act of March 2, 1901.

3. From June 12, 1901, to September 30, 1901, he was paid sea pay at $4,500 a year, and claims 10 per cent increase under the act of March 2, 1901, for service outside the United States. During this time he was in the waters of the San Francisco bay, traveling from San Francisco to Puget sound, and in the waters of Puget sound. This claim is made provisionally in case his service in Chinese and Philippine waters is not considered to be service 'in China' and 'in the Philippine islands,' entitling him to 10 per cent increase from May 26, 1900, to March 1, 1901. In that event he would claim that his service in waters of the United States was beyond the limits of the states comprising the Union.

4. Between December 2, 1899, when relieved as commanding officer of the U.S. S. Lancaster, and ordered to report to the Navy Department, and February 7, 1900, when he took command of the U.S. S. Baltimore at Hong Kong, China, he was paid only shore pay,-$3,825 a year,-15 per cent less than pay,-$3,825 a year,-15 per cent less than during that time.

The last item was disallowed. The first three items were at first disallowed, but, on a rehearing, were allowed and final judgment rendered for $568.29. 38 Ct. Cl. 113, 719. Both parties appealed to this court.

Messrs. George A. King and William B. King for Thomas.

Assistant Attorney General Pradt and Mr. John Q. Thompson for the United States.

Statement by Mr. Justice Brown:

Mr. Justice Brown delivered the opinion of the court: