Mathews v. United States

CourtUnited States Supreme Court
Writing for the CourtHARLAN
Citation8 S.Ct. 80,31 L.Ed. 127,123 U.S. 182
Decision Date31 October 1887
PartiesMATHEWS v. UNITED STATES

8 S.Ct. 80
123 U.S. 182
31 L.Ed. 127
MATHEWS
v.
UNITED STATES.
October 31, 1887.

Page 183

This suit was brought by the appellant to recover from the United States the balance claimed to be due him on account of salary as consul of the United States at Tangier, in the Barbary states, from July 1, 1882, to June 30, 1886. He entered upon the duties of that office July 19, 1870, was paid at the rate of $3,000 per annum up to June 30, 1882, and thereafter only at the rate of $2,000 per annum. He claims that he was entitled to receive the larger sum during the entire period of his service. The court of claims, being of opinion that the claimant had no cause of action, dismissed the petition.

The act of August 18, 1856, regulating the diplomatic and consular systems of the United States, contained this provision 'that consuls general, consuls, and commercial agents appointed to the ports and places hereinafter specified in Schedules B and C shall be entitled to compensations for their services, respectively, at the rates per annum hereinafter specified in Schedules B and C. * * * Schedule B. (1) Consuls general. * * * (2) Consuls. * * * Barbary states: Tangier, Tripoli, and Tunis, each three thousand dollars.' 11 St. 52, 54. The same provision was carried into the Revised Statutes, § 1690.

The act of June 11, 1874, making appropriations for the diplomatic and consular service for the year ending June 30, 1875, (18 St. 66; Supp. Rev. St. 33,) contained this provision: 'That Schedules B and C in section 3 of the act entitled 'An act to regulate the diplomatic and consular systems of the United States,' approved August 18, 1856, shall, from and after the first day of July next, read as follows: 'Schedule B. * * * The following consulates shall be divided into seven classes, to be known, respectively, as classes one, two, three, four, five, six, and seven, and the consuls at such consulates shall each be entitled to compensation for their services per annum at the rates respectively specified herein, to-wit: Class one, four thousand dollars. Class two, three thousand five hundred dollars. Class three, three thousand dollars. Class four, two thousand five hundred dollars. Class five, two

Page 184

thousand dollars. Class six, one thousand five undered dollars. Class seven, one thousand dollars. * * * Class 3. * * * Barbary states: Tripoli, Tunis, Tangier."

The diplomatic and consular appropriation act for the year ending June 30, 1876, (18 St. 322,) appropriated 'for consuls general, consuls, vice-consuls, commercial agents, and thirteen consular clerks, $333,200, namely: * * * Class 3, Barbary states: Tripoli, Tunis, Tangier.' The effect of...

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3 practice notes
  • Friends of the Earth v. Armstrong, No. 73-1223 and 73-1278 to 73-1283.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • January 21, 1974
    ...or otherwise." The Court then cited United States v. Mitchell, 109 U.S. 146, 3 S.Ct. 151, 27 L.Ed. 887; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127 and United States v. Vulte, 233 U.S. 509, 34 S.Ct. 664, 58 L.Ed. 1071. The Court found the intention clear in Dickers......
  • National Labor Relations Board v. Thompson Products, No. 10383.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 24, 1944
    ...150 U.S. 588, 14 S. Ct. 183, 37 L.Ed. 1191; Dunwoody v. United States, 143 U.S. 578, 12 S.Ct. 465, 36 L.Ed. 269; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127; United States v. Langston, 118 U.S. 389, 6 S.Ct. 1185, 30 L.Ed. 164; United States v. Mitchell, 109 U.S. 146, 3 ......
  • United States v. Dickerson, No. 705
    • United States
    • United States Supreme Court
    • May 27, 1940
    ...appropriation bill, or otherwise. United States v. Mitchell, 109 U.S. 146, 150, 3 S.Ct. 151, 153, 27 L.Ed. 887; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127; Dunwoody v. United States, 143 U.S. 578, 12 S.Ct. 465, 36 L.Ed. 269; Belknap Page 556 v. United States, 150 U.S. ......
3 cases
  • Friends of the Earth v. Armstrong, No. 73-1223 and 73-1278 to 73-1283.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • January 21, 1974
    ...or otherwise." The Court then cited United States v. Mitchell, 109 U.S. 146, 3 S.Ct. 151, 27 L.Ed. 887; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127 and United States v. Vulte, 233 U.S. 509, 34 S.Ct. 664, 58 L.Ed. 1071. The Court found the intention clear in Dickers......
  • National Labor Relations Board v. Thompson Products, No. 10383.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • March 24, 1944
    ...150 U.S. 588, 14 S. Ct. 183, 37 L.Ed. 1191; Dunwoody v. United States, 143 U.S. 578, 12 S.Ct. 465, 36 L.Ed. 269; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127; United States v. Langston, 118 U.S. 389, 6 S.Ct. 1185, 30 L.Ed. 164; United States v. Mitchell, 109 U.S. 146, 3 ......
  • United States v. Dickerson, No. 705
    • United States
    • United States Supreme Court
    • May 27, 1940
    ...appropriation bill, or otherwise. United States v. Mitchell, 109 U.S. 146, 150, 3 S.Ct. 151, 153, 27 L.Ed. 887; Mathews v. United States, 123 U.S. 182, 8 S.Ct. 80, 31 L.Ed. 127; Dunwoody v. United States, 143 U.S. 578, 12 S.Ct. 465, 36 L.Ed. 269; Belknap Page 556 v. United States, 150 U.S. ......

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