Court : US Supreme Court
..... in computing the time of service which entitles an officer to longevity pay, service in a volunteer regiment is service "in the army of the united states," within the meaning of the act of july 5, 1838, the fifteenth section of which (p. 258) enacts "that every commissioned officer of the line or staff, exclusive of general officers, shall be ..... the court of claims syllabus in computing the time of service which entitles an officer in the army to longevity pay, service in a volunteer regiment is not service "in the army of the united states" within the meaning of the 15th section of the act of july 5, 1838, c. 162, 5 stat. 256. this was a petition originally ..... clothing and pay placed on the same footing with similar corps of the united states army, and in section 9 there was a further provision that they should have the organization of the army of the united states, and the same pay and allowances. this act undoubtedly entitled the claimant to the same pay as a volunteer during his term of .....
Tag this Judgment!Court : US Supreme Court
..... legislative history. to begin with, it would be surprising if congress had followed up the five sections of the act in which it explicitly established the jurisdiction of army and interior over specific uses of army reservoirs, the last section of which established jurisdiction over the use of those reservoirs for irrigation, with a provision in which ..... order to make it decisive here, for, at the very least, it directly refutes the notion that the other sections of the act were intended to effect no changes in the division of authority between army and interior that had been suggested in the pick plan and the sloan plan. moreover, even if 9(a) ..... any support for this claimed authority, and in fact it is directly inconsistent with 6 and 8 of the act, which show that only the army secretary has that independent authority in this instance. section 6 gives the army secretary the authority "to make contracts with states, municipalities, private concerns, or individuals . . . for domestic and .....
Tag this Judgment!Court : US Supreme Court
..... the service of the united states. no restriction or limitation was imposed upon his authority in that regard until the passage of the act of july 13, 1866, c. 176, 14 stat. 92, repealing the seventeenth section of the act of july 17, 1862, and by which also it was declared that "no officer in the military or naval service shall, ..... date of his dismissal from the service by president lincoln to the date of the order of president johnson depends entirely upon the question whether an officer of the army, once lawfully dismissed from the service, can regain his position and become entitled to its emoluments by means of a subsequent order revoking the order of dismissal and ..... , it is not to be doubted that the effect of the order of march 27, 1865, dismissing appellee from the service was to sever his relations with the army. thenceforward and until in some lawful way again appointed, he was disconnected from that branch of the public service as completely as if he had never been an officer .....
Tag this Judgment!Court : US Supreme Court
..... jurisdiction is where he allows the troops of a foreign prince to pass through his dominions. in such case, without any express declaration waiving jurisdiction over the army to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith. by exercising ..... to foreigners to enter the dominions of a friendly power is never understood to extend to a military force, and an army marching into the dominions of another sovereign may justly be considered as committing an act of hostility, and if not opposed by force, acquires no privilege by its irregular and improper page 11 u. s. ..... 141 conduct. it may, however, well be questioned whether any other than the sovereign power of the state be capable of deciding that such military commander is without a license. but the rule which is applicable to armies .....
Tag this Judgment!Court : US Supreme Court
..... navigation." united states v. standard oil co., no. 291, o.p. 1965, app. 8-11. [ footnote 25 ] section 4 of the rivers and harbors act of 1905 authorizes the secretary of the army to prescribe regulations to govern the transportation and dumping into navigable waters of dredgings, earth, garbage, and other refuse matter whenever in his ..... as "affecting or impairing the provisions of [ 13 of the rivers and harbors act of 1899]." [ footnote 20 ] indeed, the water quality legislation expressly complements the provisions of 13 of the 1899 act. section 13, although authorizing the secretary of the army to permit certain water deposits, contains no criteria to be followed by the secretary ..... the new regulation pertaining to 13 of the 1899 act continued to construe that provision as limited to water deposits that affected navigation: "section 13 of the river and harbor act of march 3, 1899 (30 stat. 1152; 33 u.s.c. 407) authorizes the secretary of the army to permit the deposit of refuse matter in .....
Tag this Judgment!Court : US Supreme Court
..... to furnish such services for all shippers that complied with the tariffs, and accordingly furnished the services for commercial shippers at public sections of the same piers without additional charge. because the army provides these services itself, it claimed a right to the $1.00 per ton paid by the railroads on behalf of ..... on army freight was an unjust and unreasonable practice in violation of section 1(6) of the act. " page 352 u. s. 167 it should be noted that ..... : "the railroads' refusal to absorb wharfage and handling charges on army freight to the same extent that they absorb such charges on civilian freight moving over the same piers under identical rates is unjustly discriminatory in violation of section 2 of the interstate commerce act." and "the railroads' refusal to pay for wharfage and handling .....
Tag this Judgment!Court : US Supreme Court
..... inspectors general, deputy quartermasters general, and topographical engineers, shall have the "brevet rank," and the pay and emoluments of a major of cavalry. the section of the act of 1816, fixing the pay of paymasters, omits the words "brevet rank." as well might it be contended that they should have it as that ..... , is the contemporaneous exposition and practice under it, by the accounting officers of the treasury, and acted upon by congress, when five years afterwards it re organized the pay department of the army. the ninth section of the act of 2 march, 1821, to reduce and fix the military peace establishment, declares that there shall ..... be one paymaster general, with the present compensation, and fourteen paymasters with the pay, &c.;, of regimental paymasters. this act, in reference to the paymaster general .....
Tag this Judgment!Court : US Supreme Court
..... under either grant, could commence proceedings under 11, and abandon them, and then proceed under 12. the 12th section of the army appropriation act of july 15, 1870, 16 stat. 318, authorized the president to fill vacancies in the army then existing, or which might occur prior to the 1st day of january then next. the 1st day of january ..... 299 appeal from the court of claims syllabus it was the purpose of congress by the 12th and 13th sections of the army appropriation act of july 15, 1870, 16 stat. 318, 319, to reduce the number of officers in the army, and to that end 11 authorized the president to eliminate from it officers who were unfit for the ..... officers who should apply on or before january 1, 1871. by that section, a reduction, through the voluntary act of army officers, was contemplated, and such voluntary action was authorized and invited to be had on the 1st day of january. while section 12 was not dependent upon section 3, yet it is obvious that action so voluntarily taken by any .....
Tag this Judgment!Court : US Supreme Court
..... service must be counted, and gave judgment for him. the united states has appealed, and urges a reversal, on the ground that such a conclusion is forbidden by the army appropriation act of august 24, 1912, c. 391, 6, 37 stat. 569, 594, which provides: "that hereafter the service of a cadet who may hereafter be appointed to ..... it provided that the coast guard should have the same pay ratings to correspond with the navy, and mentioned the officers. then, by 11, it provided as follows: "sec. 11. that, in lieu of compensation now prescribed by law, commissioned officers of the coast and geodetic survey shall receive the same pay and allowances as now page 268 ..... with rules of longevity in any one service, but intends to produce equality as between all the services named, and did not repeal the provisions in the army and naval appropriation acts, of october 24, 1912, and march 4, 1913, respectively, directing that service in the military and naval academies shall not be counted in computing for .....
Tag this Judgment!Court : US Supreme Court
..... action to recover increase of pay from august 15, 1921, to june 30, 1922, under the army reorganization act of june 4, 1920, 13a, c. 227, 41 stat. 759, 768 that section provided that officers and enlisted men of the army should receive an increase of 50 percentum of their pay while on duty requiring them to participate regularly and ..... . mr. justice butler delivered the opinion of the court. plaintiff brought this action to recover increase of pay from august 15, 1921, to june 30, 1922, under the army reorganization act of june 4, 1920, 13a, c. 227, 41 stat. 759, 768. the court of claims made findings of fact, held him not entitled to recover and ..... the secretary of war, was required by that regulation to participate regularly and frequently in aerial flights, and was therefore entitled to extra pay under 13a of the army reorganization act; but prior to the date of that regulation it was otherwise, since the officer, even though he took regular flights, was not required to do so, being .....
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