Miller v. United States

Officers of United States- — Right to Salary Fixed by Congress. One holding an office under the treasury department, who was appointed by the secretary, in connection witli such office, a special inspector of foreign vessels, without additional salary, under Act Aug. 7, 1882, which requires such officers to be appointed, and fixes their salary, and who accepted the appointment and performed the duties of the office, is entitled to recover the salary. It is not within the power of the secretary to reduce or change the salary of an officer which congress has specifically prescribed, and an agreement to that effect, being contrary to public policy, -will not be enforced or given effect as an estoppel.

Action under the Tucker act, tried ky the court without a jury. The following are the findings of fact: I. Claimant, a citizen of fhe United States, was, on May 19, 1891, appointed an assistant inspector of steam vessels for the. district of New York, under section 4414, Rev. St. U. S., with compensation at the rate of $2,000 per annum. He took and forwarded the oath required by law. and while holding such office of assistant inspector of steam vessels he was appointed special inspector of foreign steam vessels. Said appointment reads as follows:. II. “Division of Appointment». “Treasury Department, Office of the Secretary, “Washington, D. C., May 19, 1891. “Mr. John Miller, New' York City, N. Y. — Sir: Under the provisions of an act of congress approved August 7th, 1882, entitled ‘An act to amend section 4400 of title 52 of the Revised Statutes of the United States, concerning the regulations of steam vessels,’ yon are hereby appointed to serve, in connection with your appointment as assistant inspector of steam vessels, as a special-inspector of foreign steam vessels, without additional compensation, for the port of New York, N. Y.; the appointment to take effect from date of oath. “[Signed] Respectfully yours, Charles Foster, Secretary.” III. Thereupon the claimant took the oath therein referred to, which was in the usual form of an oath of office, and transmitted fhe same to the secretary of the treasury. He was not required to, and he did not, give nor offer to give the bond prescribed by statute for the office of special inspector of foreign steam vessels. From the time of taking the oath aforesaid until March 1, 1895, the claimant performed whatever duties were required of him as special inspector of foreign steam vessels at said port. IV. By letter'dated November 20, 1893, from the secretary of the treasury, under the provisions of section 4414 of the Kevised Statutes of the United States, the claimant was appointed an assistant inspector of boilers of steam vessels for the district of New York, with compensation at the rate of two thousand dollars ($2,000) per annum. Subsequently claimant accepted said appointment, and duly qualified by taking the prescribed path of office, and by forwarding the same to the treasury department: No bond was required. He then and there entered upon the discharge of his duties, and continued to perform the same until the appointment of his successor on October 8, 1894. V. On or about November 20, 1898, claimant received from the secretary of the treasury a communication, of which the following is a copy:. “Division of Appointments. “Treasury Department, Office of the Secretary, ■ “Washington, D. C., November 20, 1893. “Mr. John Miller, 73 Henry Street, Brooklyn, N. Y. — Sir: Under the provisions of an act of congress approved August 7, 1882, entitled ‘An act to amend section 4400 of title 52 of the Kevised Statutes of the United States concerning the regulation of steam vessels,’ you are hereby appointed to serve, in connection with your appointment as assistant inspector of boilers of steam vessels, as a special inspector of foreign steam vessels, without additional compensation, for the district of New York; the appointment to take effect from date of oath, which must not be administered before December 1, 1S93. “(Signed] Kespeetfully yours, W. E. Curtis, Acting Secretary.” VI. On or about the 20th day of November, 1893, the claimant took the oath above referred to, which was in the usual form of an oath of office, and transmitted the same to the secretary of the treasury on that date. He was not required to nor did he give or offer to give the bond prescribed by statute for the office of special inspector of foreign steam vessels. From the time of taking the oath of office the claimant performed whatever duties were required of him as special inspector of foreign steam vessels. VII. On or about September 8, 1894, claimant received from the secretary of the treasury a communication, of which the following is a copy: “Division of Appointments. “Treasury Department, Office of the Secretary, ' “Washington, D. O., Sept. 7, 1894. “Mr. John Miller, Assistant Inspector of Boilers of Steam Vessels, New , York, N. Y. — Sir: Your services as assistant inspector of boilers of steam .vessels at the port of New York, Second district, are hereby discontinued, to take effect upon the appointment and qualification of your successor. “[Signed] Kespeetfully yours, J. G. Carlisle, Secretary.” VIII. On or about October 9, 1894, the claimant in like manner received the following communication: “Division of Appointments. “Treasury Department, Office of the Secretary, “Washington, D. C., October 8, 1864. “Mr. John Miller, Assistant Inspector of Boilers of Steam Vessels, New York, N. Y. — Sir: Referring to department letter of the 7th ultimo, you are hereby informed that, a successor having been appointed, your services as assistant inspector of boilers of steam vessels for the port of New York will not be required from and after the receipt of this communication. “[Signed] Respectfully yours. J. G. Carlisle, Secretary.” IX. The law which created the office of special inspector of steam vessels was repealed March 1, 1895. X. The claimant had not been paid any of the salary attached by law to such office, the amounts due therefor being $2,000, with interest from May 25, 1892; $2,000, with interest from May 25, 1893; $2,000, with interest from May 25, 1894; $1,555, with interest from March, 1895.