United States v. Langston
| Decision Date | 10 May 1886 |
| Citation | 118 U.S. 389,6 S.Ct. 1185,30 L.Ed. 164 |
| Parties | UNITED STATES v. LANGSTON. Filed |
| Court | U.S. Supreme Court |
Atty. Gen. Garland and Asst. Atty. Gen. Watson, for the United States. Geo. A. King, for appellee, John M. Langston.
Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.
From September 28, 1877, until July 24, 1885, the claimant, John M. Langston, held the office of minister resident and consul general of the United States at the republic at Hayti. At the time he entered upon the discharge of his duties it was provided by statute as follows: Rev. St. § 1683. The sum of $7,500 has been annually appropriated for the salary of the minister to Hayti, from the creation of the office until the year 1883. 12 St. 534, 569; 13 St. 139, 424; 14 St. 225, 414; 15 St. 58, 321; 16 St. 219, 417; 17 St. 142, 417; 18 St. 67, 321; 19 St. 170, 233; 20 St. 92, 267; 21 St. 134, 339.
In the act making appropriations for the consular and diplomatic service for the fiscal year ending June 30, 1879, it is provided 20 St. 91, 92, 98. Similar provisions were in the diplomatic and consular appropriation act for the fiscal year ending June 30, 1880. Id. 267, 274. A like sum was appropriated for the fiscal years ending June 30, 1881, and June 30, 1882, but the appropriation acts for those years did not repeat the declaration contained in the acts for the fiscal years of 1879 and 1880, to the effect that 'the salaries provided in this act for the officers within named, respectively, shall be in full for the annual salaries thereof,' etc. 21 St. 133, 134, 339.
In the diplomatic and consular appropriation act of July 1, 1882, certain sums were appropriated 'for the service of the fiscal year ending June 30, 1883, out of any money in the treasury, not otherwise appropriated, for the objects therein expressed,' one of them being 'for ministers resident and consuls general to Loberia, Hayti, Switzerland, Denmark, and Portugal, at $5,000 each, $25,000.' 22 St. 128. The same act provided that 'hereafter the secretary of state shall, in the estimates for the annual expenditures of diplomatic and consular service, estimate for the entire amount required for its support, including all commercial agents, and other officers, whether paid by fees or otherwise, specifying the compensation to be allowed or deemed advisable in each individual case.' Id. 133. It is stated in the brief of the attorney general that the secretary of state made a specific estimate for the salary of the minister resident and consul general to Hayti for the fiscal years commencing July 1, 1883 and 1884, and that estimate was $5,000 in each report. For each of the fiscal years ending June 30, 1884, and June 30, 1885, the appropriation for the minister resident and consul general at Hayti was $5,000, and in the same language as that employed in reference to that officer in the act for the fiscal year ending June 30, 1883.
In the consular and diplomatic appropriation bill of 1884, the committee on appropriations in the house of representatives reported the following paragraph as part of the bill: 'And the foregoing appropriations for envoys extraordinary and ministers plenipotentiary, ministers resident and charges d' affaires, ministers resident and consuls general, secretaries of legation, and interpreters, shall, after June 30, 1884, be the salary of each officer, respectively, and all acts, or parts of acts, inconsistent or in conflict therewith, or which allow a larger salary to any officer or employe herein named, shall be, and are hereby, repealed.' Cong. Rec. 48th Cong. 1st Sess. pt. 4, p. 4194. This paragraph was omitted from the act as passed.
The claimant was paid at the rate of $7,500 a year up to and including June 30, 1882, and for the balance of his term at the rate only of $5,000 a year. He brought this suit to recover the difference between those amounts...
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