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UNITED STATES V. ALLEN, 123 U. S. 345 (1887)

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U.S. Supreme Court

United States v. Allen, 123 U.S. 345 (1887)

United States v. Allen

Submitted October 28, 1887

Decided November 7, 1887

123 U.S. 345

Syllabus

The percentage allowed to officers of the Navy under General Order No. 75 of May 23, 1866, in lieu of all allowances except for mileage or traveling expenses, is to be calculated on the amount statedly received by the officer as statutory pay at the time the order was in force, and is not to be increased by the additional compensation allowed by the Act of March 3, 1883, 22 Stat. 473.

United States v. Philbrick, 120 U. S. 52, explained.

Appeal from the Court of Claims. The following were the findings of fact.

This case having been heard by the Court of Claims, the court, upon the evidence, finds the facts to be as follows:

First. Robert W. Allen is an officer of the Navy, to-wit, a paymaster thereof, and he has served as such since the 1st day of February, 1868.

Second. In the adjustment of his claim for the benefits of the Act of March 3, 1883, the accounting officers of the Treasury deducted from the settlement made in his favor the sum of $1,112.75, being the amount paid him, under General Order No. 75, issued by the Secretary of the Navy, May 23, 1866.

Third. Said accounting officers refused in the settlement of chanroblesvirtualawlibrary

Page 123 U. S. 346

said claim to allow claimant the further sum of $206.04, which said amount would have accrued to him if he had been credited at that time with his service prior to the date of his commission as paymaster.

Fourth. The following is General Order No. 75, referred to in Finding II:

"[General Order No. 75]"

"NAVY DEPARTMENT, May 23, 1866"

"Congress having, in view of the call for increased compensation for officers of the Navy, repealed the law which prohibited any allowance to them 'for rent of quarters or to pay rent for furniture, of for lights and fuel, &c.,' the Department, in order to prevent a recurrence of the irregularities, abuses, and arbitrary allowances which occasioned the prohibition, deems it proper to establish a fixed rate of compensation in lieu of the extra allowances which were prohibited by the law now repealed. Accordingly, from and after the first day of June proximo, officers who are not provided with quarters on shore stations will be allowed a sum equal to 33 1/3 percent of their expenses under orders, and those provided with such quarters, 20 percent of their pay in lieu of said allowances."

"The Act of March 3, 1885, having increased the pay of midshipmen and mates, the allowances hereby authorized will not be extended to them."

"GIDEON WELLES"

"Secretary of the Navy"

On these facts, the court gave judgment against the defendant for $1,318.79, from which judgment this appeal was taken. chanroblesvirtualawlibrary

Page 123 U. S. 347





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