Dunwoody v. United States

• Decision Date: 25 January 1892
• Citation: 12 S.Ct. 465,143 U.S. 578,36 L.Ed. 269
• Parties: DUNWOODY v. UNITED STATES
• Court: U.S. Supreme Court

143 U.S. 578

12 S.Ct. 465

36 L.Ed. 269

DUNWOODY v. UNITED STATES.

January 25, 1892.

Action by William P. Dunwoody against the United States to recover for services rendered in connection with the national board of health. A counter-claim was filed by the United States, but both the petition and counter-claim were dismissed. 22 Ct. Cl. 269; 23 Ct. Cl. 82. Petitioner alone appeals. Affirmed.

STATEMENT BY MR. JUSTICE HARLAN.

March 3, 1879. An act was passed by congress to prevent the introduction of contagious diseases into the United States, and establishing the national board of health, to consist of seven members, to be appointed by the president, by and with the advice and consent of the senate, 'whose compensation, during the time when actually engaged in the performance of their duties under this act, shall be ten dollars per diem each, and reasonable expenses;' four members of the board to be detailed from the army, navy, marine hospital service, and the department of justice, respectively, and to receive no compensation. The sum of $50,000 was appropriated 'to pay the salaries and expenses' of the board, and 'to carry out the purposes' of the act. 20 St. p. 484, c. 202.

April 5, 1879. The appellant, Dunwoody, was appointed by the board its chief clerk, with compensation at the rate of $100 per month, dating from April 3, 1879.

June 2, 1879. Congress passed an act to prevent the introduction of contagious or infectious diseases into the United States, requiring the national board of health to co-operate with, and, so far as it lawfully might, aid, state and municipal boards of health to that end. The act appropriated $500,000, or so much thereof as might be necessary, to meet the expenses incurred in carrying out its provisions, and to be disbursed by the secretary of the treasury on estimates made by the national board of health, and approved by him. This act was to continue in force four years. 21 St. pp. 5, 7, c. 11.

June 5, 1879. Dunwoody was nominated by the board to the secretary of the treasury as its disbursing clerk.

June 6, 1879. The secretary sent to Dunwoody this communication: 'Upon the recommendation of the national board of health, you are hereby appointed a disbursing agent of this department for the purpose of disbursing the funds appropriated by congress for the national board of health; this appointment to be without compensation. You will be requested to furnish a bond, with two or more sureties, in the penal sum of $20,000.' The bond so required was given.

June 12, 1879. The board fixed the salary of the claimant as chief clerk at $2,000 per annum, beginning June 1st.

July 1, 1879. An act was passed authorizing the board to procure suitable offices for the transaction of its business, at a rent not exceeding $1,800 a year, and to pay past rent, and providing: 'Sec. 5. That the chief clerk of the national board of health shall act as disbursing agent for the board, and shall give bond, conformably to section 176 of the Revised Statutes, for the faithful performance of that duty, and for such service he shall receive $300 per annum, in addition to his salary as chief clerk; and the board of health may, with the approval of the secretary of the treasury, pay to its secretary such sum, in addition to his pay as a member of the board, as it may deem proper, not exceeding $100 per month.' 'Sec. 7. That all the money hereinbefore authorized to be expended and all contracts made and liabilities incurred by the national board of health shall be paid out of the appropriation of five hundred thousand dollars made in the act of congress * * * approved June 2, 1879.' 21 St. p. 46, c. 61.

June 16, 1880. The act appropriating money for sundry civil expenses of the government for the fiscal year ending June 30, 1881, contained these items:

'National board of health. For salaries and expenses of the national board of health, and to carry out the purposes of the various acts creating the national board of health, seventy-five thousand dollars, or so much thereof as is necessary: provided, that twenty-five thousand dollars of the appropriation made by the act of June 2, 1879, * * * shall be applied to the same purposes.

'For aid to local quarantine stations, and for aid to local and state boards of health, to be used in case of epidemic, one hundred thousand dollars: provided, that fifty thousand dollars of the appropriation made by act of June 2, 1879, * * * shall be applied to the same purposes.' 21 St. p. 266, c. 235.

February 8, 1881. Dunwoody's salary as chief clerk was increased to $3,000 per annum.

March 3, 1881. The appropriation act for sundry civil expenses for the fiscal year ending June 30, 1882, contained these items:

'National board of health. For salaries and expenses of the national board of health, and to carry out the purposes of the various acts creating the national board of health, seventy-five thousand dollars, or so much thereof as is necessary: provided, that fifty thousand dollars of the appropriation made by act of June 2, 1879, * * * shall be applied to the same purposes; and no more money shall be expended for the above purposes out of any appropriations heretofore made or by virtue of any previous law.

'For aid to local quarantine stations, and for aid to local and state boards of health, to be used in case of epidemic, one hundred thousand dollars: provided, that fifty thousand dollars of the appropriation made by act of June 2, 1879, * * * shall be applied to the same purposes; and no money shall be expended for the above service for the fiscal year eighteen hundred and eighty-one other than that specifically appropriated by the act approved June 16, 1880, making appropriations for sundry civil expenses of the government.' 21 St. pp. 442, 443, c. 133.

August 7, 1882. The sundry civil appropriation act for the fiscal year ending June 30, 1883, contained these items:

'For salaries and expenses of the national board of health as follows:

'For pay and expenses of the members of the national board of health, ten thousand dollars.

'For pay of secretary and disbursing agent, and pay of clerks, messengers, and laborers, five thousand five hundred dollars.

'For rent, light, fuel, furniture, stationery, telegrams, and postage, two thousand dollars.

'For miscellaneous expenses, five hundred dollars.

'And the president of the United States is hereby authorized, in case of a threatened or actual epidemic, to use a sum, not exceeding one hundred thousand dollars, out of any money in the treasury not otherwise appropriated, in aid of state and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same.

'For aid to state and local boards of health, and to local quarantine stations, in carrying out their rules and regulations to prevent the introduction and spread of contagious and infectious diseases in the United States, fifty thousand dollars: provided, that no other public money than that hereby appropriated shall be expended for the purposes of the board of health: and provided, further, that hereafter the duties and investigations of the board of health shall be confined to the diseases of cholera, small-pox, and yellow fever.' 22 St. pp. 302, 315, c. 433.

March 3, 1883. The sundry civil appropriation act for the fiscal year ending June 30, 1884, contained these items:

'For the national board of health. For compensation and personal expenses of members of the board, ten thousand dollars.

'The president of the United States is hereby authorized, in case of a threatened or actual epidemic, to use a sum, not exceeding one hundred thousand dollars, out of any money in the treasury not otherwise appropriated, in aid of state and local boards, or otherwise, in his discretion, in preventing and suppressing the spread of the same, and maintaining quarantine at points of danger.' 22 St. pp. 603, 613, c. 143.

October 20, 1884. During the recess of the senate the president appointed Dunwoody, from civil life, a member of the national board of health, and, on the 4th of December of the same year, appointed him to that position by and with the advice and consent of the senate. Immediately upon his appointment as a member of...