United States v. Vulte, 233 U.S. 509 (1914)

United States v. Vulte


No. 256


Argued Mach 10, 1914
Restored to docket for reargument April 6, 1914
Reargued April 21, 22, 1914
Decided May 4, 1914
233 U.S. 509

APPEAL FROM THE COURT OF CLAIMS

Syllabus

A statute which fixes the annual salary of a public officer at a designated sum without limitation as to time is not abrogated or suspended by subsequent enactments which merely appropriate a less amount for that officer for particular years and which contain no words expressly, or by clear implication, modifying or repealing the previous law. United States v. Langston, 118 U.S. 389.

A provision making a special and temporary appropriation will not be construed as expressing the intent of Congress to have a general and permanent application to all future appropriations. Minis v. United States, 15 Pet. 423.

The provision in the Appropriation Acts of 1906 and 1907 excepting Hawaii and Porto Rico from the operation of the provision for additional pay for officers in foreign service is not to be construed as prevailing over the explicit provisions of the Act of June 30, 1902, providing for such additional pay including those places, and the salary provided by law of officers on foreign service referred to in the Act of May 11, 1908, is that fixed by the Act of June 30, 1902.

47 Ct.Cl. 324 affirmed.

The facts, which involve statutes regulating the amount of additional pay of officers of the United States Navy for service beyond the seas, are stated in the opinion.