Mathews v. United States
| Decision Date | 31 October 1887 |
| Citation | 8 S.Ct. 80,31 L.Ed. 127,123 U.S. 182 |
| Parties | MATHEWS v. UNITED STATES |
| Court | U.S. Supreme Court |
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 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 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 this act was to leave the annual salaries of these officers as fixed by the act of June 11, 1874. The appropriation acts for the years ending June 30, 1877, and June 30, 1878, made no change. 19 St. 171, 234. But that of June 4, 1878, provides 20 St. 91, 93, 98.
The appropriation act for the year ending ...
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