Smith v. Jackson, 246 U.S. 388 (1918)

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Smith v. Jackson

No. 57

Argued March 6, 7, 1918
Decided April 15, 1918
246 U.S. 388

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

The Auditor for the Canal Zone has no authority to make deductions for rent of quarters, and because of absence, from the salary of the district judge of the Zone, as fixed and appropriated for by Congress.

Intimated that, but for the character of the proceeding (mandamus) and doubt as to intent, damages would have been inflicted on the Auditor under Rule 23, for plain abuse of administrative discretion in prosecuting this writ of error after being advised by an opinion of the Attorney General and two decisions of the courts below of his manifest duty under the statute respecting the payment of the judge’s salary.

241 F. 747 affirmed.

The case is stated in the opinion.