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MACMATH V. MACMATH, 248 U. S. 151 (1918)

U.S. Supreme Court

MacMath v. MacMath, 248 U.S. 151 (1918)

MacMath v. MacMath

No. 79

Argued November 22, 1918

Decided December 9, 1918

248 U.S. 151


Revised Statutes § 2621 authorizes collectors to employ, with the approval of the Secretary of the Treasury, weighers at the several ports, and does not prescribe their number; the Act of July 26, 1866, c. 269, § 3, 14 Stat. 289, fixes their salaries at $2,500; Rev.Stats. § 2634 authorizes the Secretary to fix the number and compensation of clerks to be employed by any collector. M received successive appointments as clerk "to act as acting U.S. weigher" at compensations less than $2,500 per annum, and took oath as such. Held that the fact that he was assigned, and performed, the duties of weigher did not place him in that office and entitle him to it salary.

51 Ct.Clms. 36 affirmed.

The case is stated in the opinion.

Page 248 U. S. 152

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