United States v. Andrews, 240 U.S. 90 (1916)

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United States v. Andrews

No. 193

Argued January 21, 24, 1916
Decided February 21, 1916
240 U.S. 90

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Under Rev.Stat. § 1265, an officer of the army is entitled to half pay while on leave granted by proper authority.

No power has been conferred on the President to grant an army officer leave without pay, or to affix to an order granting leave a condition to that effect.

Whatever power the President may have to dismiss civil officers, it does not apply to officers of the Army and Navy, who, under Rev.Stat. § 1229, shall not in time of peace be dismissed except upon and in pursuance of the sentence of a court-martial or in commutation thereof.

An officer of the army granted, and accepting, leave without pay is not estopped from demanding the half pay allowed by statute, even though he did not protest at the affixing of such a condition to the order granting the leave. Glavey v. United States, 182 U.S. 595.

Accepting leave with the condition affixed that it be without pay does not amount to absence without leave for which pay cannot be allowed under the statute.

Public policy prohibits any attempt by unauthorized agreement with an officer of the United States, under guise of a condition or otherwise,to deprive him of the right to pay given by statute.

49 Ct.Cl. 707 affirmed.

The facts, which involve the construction of statutes regulating pay of officers of the Army of the United States while on leave, are stated in the opinion.