266 U.S. 531 (1925), 98, United States v. Morrow

Docket Nº:No. 98
Citation:266 U.S. 531, 45 S.Ct. 173, 69 L.Ed. 425
Party Name:United States v. Morrow
Case Date:January 05, 1925
Court:United States Supreme Court
 
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Page 531

266 U.S. 531 (1925)

45 S.Ct. 173, 69 L.Ed. 425

United States

v.

Morrow

No. 98

United States Supreme Court

Jan. 5, 1925

Argued October 21, 1924

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. Although a proviso is sometimes used to introduce independent legislation, the presumption is that, in accordance with its primary purpose, it applies only to the provision to which it is attached. P. 534.

2. A proviso may be examined in the light of prior legislation, the condition it was evidently intended to correct, and its legislative history. P. 535.

Page 532

3. The provisos found in the Army Appropriation Act of 1915, and 191, which granted additional pay to clerks and messengers at headquarters of territorial departments, etc., while serving in the Philippine Islands, are confined to those positions for which specific salaries were appropriated by the preceding clause to which the provisos are attached, and are inapplicable to a chief clerk of the depot quartermaster's office at Manila whose salary was fixed by the War Department and paid out of lump sums appropriated elsewhere in these statutes. P. 534.

58 Ct. Clms. 20 reversed.

Appeal from a judgment of the Court of Claims rejecting a claim for additional pay.

SANFORD, J., lead opinion

MR. JUSTICE SANFORD delivered the opinion of the Court.

[45 S.Ct. 174] This case involves the construction of a proviso in the Army Appropriation Acts of 1914 and 1915, relating to an increase in the pay of clerks and messengers at headquarters of territorial departments. 38 Stat. 351, 355, c. 72; 38 Stat. 1062, 1067, c. 143.

This proviso follows a special appropriation made, in substantially identical language, in the two Acts. In the Act of 1915, this provision reads:

Pay to Clerks, Messengers, and Laborers at Headquarters of the Several Territorial Departments, Territorial Districts, Tactical Divisions and Brigades, Service Schools and Office of the Chief of Staff.

One chief clerk at the office of the Chief of Staff, $2,000 per annum. Fifteen clerks at $1,800 each per annum. Fifteen clerks at $1,600 each per annum. Thirty-eight

Page 533

clerks at $1,400 each per annum. Seventy clerks at $1,200 each per annum. Sixty-five clerks at $1,000 each per annum. . . . Two messengers at $840 each per annum. Fifty-nine messengers at $720 each per annum. . . . One laborer at $660 per annum. Two laborers at $600 each per annum. One laborer at $480 per annum. . . . In all, $312,320.

Additional pay while on foreign service, $9,000.

Provided, That on and after July first, nineteen hundred and fourteen, the pay of clerks and messengers at headquarters of territorial departments, tactical divisions, brigades, and service schools, who are citizens of the United States shall be increased $200...

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