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UNITED STATES V. FISHER, 109 U. S. 143 (1883)

U.S. Supreme Court

United States v. Fisher, 109 U.S. 143 (1883)

United States v. Fisher

Submitted March 30, 1883

Decided November 5, 1883

109 U.S. 143


When Congress appropriates a sum "in full compensation" of the salary of a public officer, the incumbent cannot recover an additional sum in the Court of Claims, notwithstanding a prior statute fixes the salary at a larger amount than the sum so appropriated.

In such case, the earlier act is suspended for the time covered by the appropriation.

The appellee, Fisher, held the office of Chief Justice of the Territory of Wyoming from February 14, 1876, to November 26, 1879. Up to and including June 30, 1877, he was paid his salary at the rate of $3,000 per annum. From June 30, 1877, up to and including November 26, 1879, he was paid and received, without protest, compensation as such chief justice at the rate of $2,600 per annum.

The appellee, contending that he was entitled to a salary at the rate of $3,000 per annum for his whole term of service, brought this suit in the Court of Claims to recover the difference between what his salary at that rate would have been from June 30, 1877, up to and including November 26, 1879, and the amount actually paid him for that period.

The majority of the Court of Claims was of opinion that the

Page 109 U. S. 144

contention of the appellee could not be sustained, but in order that the question might be brought to this Court and finally settled, rendered a judgment pro forma in his favor for $862.22, from which the United States have appealed.

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