US SUPREME COURT DECISIONS

A receiver of public moneys for a district of public lands subject to sale where the annual salary is $2,500, is only entitled to retain from the military bounty land fees received by him during his term of office sufficient, with his commissions on cash sales of public land, to make up his annual salary. United States v. Babbit, 1 Black 55, adhered to.

A receiver of moneys from the sale of public lands whose annual salary amounted to $2,500, was also appointed agent for the sale of Indian trust lands under the Treaty of July 17, 1854, with the Delaware Indians, 10 Stat. 1048. Held that he was entitled to commissions on the sales of Indian lands made by him, although they increased his annual compensation to a greater amount than $2,500.

§ 18 of the Act of August 31, 1852, 10 Stat. 100 [Rev.Stat. § 1763], which provided that

"No person hereafter who holds or shall hold any office under the government of the United States whose salary or annual compensation shall amount to the sum of $3,500 shall receive compensation for discharging the duties of any other office"

did not forbid the allowance of extra chanrobles.com-redchanrobles.com-red

Page 110 U. S. 689

compensation to such an officer for the performance of duties not imposed upon him by an office under the government of the United States. Converse v. United States, 21 How. 463, cited and approved to this extent.

The plaintiff in error as plaintiff below sued the defendant to recover a balance claimed to be in his hands as receiver of money section from the sale of public lands in Kansas. The defendant answered, denying liability, and setting up a claim to commissions on the amount received by him from sales of public lands, and also a claim to commissions on amounts received by him from sales of Indian lands. The latter claim was set up on sales made by him as agent under the treaty of July 17, 1854, with the Delaware Indians, 10 Stat. 1048.

A pro forma judgment was entered below for the defendant. The plaintiff below brought the cause here by writ of error.