United States v. Dickerson, 310 U.S. 554 (1940)

United States v. Dickerson


No. 705


Argued April 26, 1940
Decided May 27, 1940
310 U.S. 554

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. A proviso appended to an appropriation in § 402 of Public Resolution 122, June 21, 1938, declared "no part of any appropriation contained in this or any other Act for the fiscal year ending June 30, 1939, shall be available for the payment" of any enlistment allowance for "reenlistments made during the fiscal year ending June 30, 1939, notwithstanding applicable portions of sections 9 and 10" of the basic military pay act of June 10, 1922.

Held, in view of its legislative history, that the effect of the proviso was not merely to restrict the funds available, but to suspend the right to reenlistment allowances during the fiscal year specified. P. 555.

2. There should be a considered weighing of every relevant aid to construction in determining the meaning of an Act of Congress. P. 562.

89 Ct.Cls. 520 reversed.

Certiorari, 309 U.S. 647, to review a judgment sustaining the claim of a soldier for a reenlistment allowance.