Booth v. United States, 291 U.S. 339 (1934)

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Booth v. United States

No. 656

Argued January 17, 1934
Decided February 5, 1934 *
291 U.S. 339

CERTIFICATE FROM THE COURT OF CLAIMS

Syllabus

1. A district or circuit judge of the United States who retires pursuant to § 260 of the Judicial Code, as amended, continues in office within the meaning of § 1 of Art. III of the Constitution, and his compensation may not be diminished. P. 348.

2. In the light of the evident purpose of the Act that a retiring judge shall continue to hold office and perform official duties, its provision for the appointment of a "successor" cannot be construed as vacating the office. P. 351.

3. A diminution after an increase of compensation, even though not a reduction below the rate at date of appointment, is a diminution within the meaning of § 1 of Art. III. P. 352.

Certificates from the Court of Claims in two cases involving the validity of an Act reducing the pay of retired federal judges.