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CARRINGTON V. UNITED STATES, 208 U. S. 1 (1908)

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U.S. Supreme Court

Carrington v. United States, 208 U.S. 1 (1908)

Carrington v. United States

No. 223

Argued December 16, 1907

Decided January 6, 1908

208 U.S. 1

Syllabus

An office commonly requires something more than a single transitory act to call it into being.

A money contribution by the Philippine government to the performance of certain military functions, and entrusting the funds to an officer of the United States Army, who is held to military responsibility therefor by court-martial, does not make that officer a civil officer of the Philippine government and amenable to trial in the civil courts for falsification of his accounts as a public official.

The fact that an officer of the United States Army, entrusted with money by the Philippine government to be expended in connection with his military command, signs his account "Disbursing Officer" instead of by his military title does not make him a civil officer of the Philippine government, and quaere whether he could become such a civil officer in view of the Act of March 3, 1883, 22 Stat. 567, prohibiting the appointment of officers of the United States Army to civil offices.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 208 U. S. 4





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