United States v. Ross, 239 U.S. 530 (1916)

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United States v. Ross

No. 131

Argued December 10, 1915
Decided January 10, 1916
239 U.S. 530

APPEAL FROM THE COURT OF CLAIMS

Syllabus

An army regulation can have force only so far as it may be deemed to be in accord with the Acts of Congress.

Quaere whether § 1235, Rev.Stat., was intended to preclude a recovery by an enlisted man of extra duty pay where the detail of extra duty was by competent authority, but not in writing, and the extra duty was actually performed.

Under the Hospital Corps Act of March 1, 1887, c. 311, 24 Stat. 435, and the Army Regulations 1433, 1435, 1436, members of the Hospital Corps are required to perform, for stated pay, all duties properly incident to the conduct of hospitals as efficient institutions including maintenance of telephone and telegraph office when necessary in the judgment of the military authorities.

Whether maintenance of a telephone and telegraph office in a military hospital is necessary calls in the first instance for judgment of the Department, and, in the absence of clear abuse of necessary official discretion, this Court will not overrule the judgment of the Department that it is a necessary part of the maintenance of the hospital within the provision of the statute and that an entitled man detailed to perform duties in connection thereunder is not entitled to extra duty pay.

49 Ct.Cl. 55 reversed.

The facts, which involve the construction and application of statutes of the United States and military regulations in regard to conduct of military hospitals, and the right of an enlisted man to extra pay for services in connection with a military hospital, are stated in the opinion.