United States v. Saunders

• Decision Date: 01 October 1874
• Citation: 22 L.Ed. 736,22 Wall. 492,89 U.S. 492
• Parties: UNITED STATES v. SAUNDERS
• Court: U.S. Supreme Court

89 U.S. 492

22 L.Ed. 736

22 Wall. 492

UNITED STATES v. SAUNDERS.

October Term, 1874

APPEAL from the Court of Claims; the case being thus:

On the 28th of July, 1866, Congress enacted:¹

'That there be allowed and paid to the officers, clerks, committee clerks, messengers, and all other employees of the Senate and House of Representatives, and to the Globe and official reporters of each House, and the stenographer of the House, and to the Capitol police, and the three superintendents of the public gardens, their clerks and assistants, and to the Librarian, assistant librarians, messengers, and other employees of the Congressional Library, an addition of twenty per cent. on their present pay, to commence with the present Congress.'

This act was repealed July 12th, 1870.

By a joint resolution of the 28th of February following, it was resolved²—— 'That there shall be allowed and paid to . . . its civil officers, clerks, messengers, and watchmen and employees in the executive mansion, and in any of the following named departments, or any bureau thereof, to wit: State, Treasury, War, Navy, Interior, Post Office, Attorney-General, Agricultural, and including civil officers and . . . clerks and employees in the office of the coast survey, naval observatory, navy-yard, arsenal, paymastergeneral, &c., & c., and additional compensation of twenty per cent. on their respective salaries as fixed by law, &c., . . . for one year.'

With these two proceedings of Congress, the act of 1866 and the joint resolution of 1870 in force, one Saunders, who was engaged at a salary in superintending the public gardens of the Department of Agriculture, at Washington, applied and got an addition of 20 per cent. to it under the joint resolution, for the one year, during which the resolution gave the increase.

Subsequently, assuming that the act of Congress was a continuing act and not one making an allowance for one year only, and assuming also that his employment brought him within its provisions, he filed a petition in the Court of Claims, alleging that he was 'Superintendent of Gardens in the Department of Agriculture,' from March 4th, 1865, to July 1st, 1870, and asking the addition of 20 per cent. given by the act of Congress during that time.

The Court of Claims found as a fact that 'he held the position and performed the duties of Superintendent of the Public Gardens of the Department of Agriculture,' and during the time for which the 20 per cent. was claimed; and conceiving that he came within the act, gave him the addition prayed for.

From this, its decision, the United States appealed.

The only question considered by this court was whether Saunders was within the act of Congress.

Mr. G. H. Williams, Attorney-General, and Mr. John Goforth, for the appellant; Mr. J. W. Denver, contra.

Mr. Justice BRADLEY delivered the opinion of the court.

We are clearly of opinion that the claimant, in this case, was not within the intent and meaning of the eighteenth section of the act of July 28th, 1866.

The Court of Claims finds, it is true, that he held the position of superintendent of the public garden of the Agricultural Department during the period for which the claim is made. But it is well known that the botanical garden near the Capitol has been regarded as a public garden for many years, and long before the experimental garden of the Agricultural Department was established; and that it was managed by a superintendent and assistant superintendents. It is equally well known that this garden has for a long period, if not always, been under the immediate direction and control of the Joint Library Committee of Congress. The public statutes contain a long series of appropriations for both garden and superintendents. Thus, in the appropriation bill of July 2d, 1864, for the year ending June 30th, 1865,³ the following appropriation was made:

'Botanic Garden.—For grading, draining, procuring manure, tools, fuel, and repairs, purchasing trees and shrubs, under the direction of the Library Committee of Congress, $3300.

'For pay of superintendent of Botanic Garden, and assistants in the Botanic Garden and green-houses, to be expended under the direction of the Library Committee of Congress, $6145.80.'

A similar provision is made in the appropriation bill for the year ending June 30th, 1866, adding $2500 to be expended under direction of the Joint Committee of the Library, for erecting four green-houses.⁴ The like appropriation for salaries was made in the...