United States v. Myers, 320 U.S. 561 (1944)

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United States v. Myers

Argued December 16, 17, 1943
Decided January 3, 1944 *
320 U.S. 561

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. Section 5 of the Act of February 13, 1911, as amended, creates an obligation on the part of the United States to pay customs officers the extra compensation therein prescribed. P. 567.

2. The extra compensation which § 5 of the Act of February 13, 1911, as amended, requires that customs inspectors be paid for overtime, Sundays and holidays, held payable, in respect of weekday service, only for service beyond the regular daily tour of duty, whether day or night, and for all service on Sundays and holidays. Pp. 573-574.

3. As the proviso of § 5 authorizes adjustments of hours but is silent as to Sundays and holidays, the section’s earlier grant of extra compensation for Sundays and holidays remains unaffected by the proviso. P. 575.

4. The requirements of § 5 of the Act of February 13, 1911, as amended, in respect of extra compensation, apply to services of customs inspectors at bridges and tunnels. P. 575.

5. The extra compensation required by § 5 of the Act of February 13, 1911, as amended, to be paid for overtime, Sundays, and holidays is exclusive of the base pay. P. 576.

99 Ct.Cls. 158, reversed in part, affirmed in part.

Certiorari, post, p. 722, to review judgments of the Court of Claims in five suits to recover extra compensation for services rendered by the plaintiffs as customs inspectors.