Glavey v. United States

Citations

• 182 U.S. 595
• 21 S. Ct. 891
• 45 L. Ed. 1247
• 1901 U.S. LEXIS 1247
• 36 Ct. Cl. 581

Syllabus

<p>When an office with a fixed salary has been created by statute, and a person duly appointed to it has qualified and entered upon the discharge of his duties, he is entitled, during his incumbency, to be paid the salary prescribed by statute.</p> <p>Such an appointment is complete when duly made by the President and confirmed by the Senate, and the giving of a bond required by law is a mere ministerial act for the security of the Government, and not a condi-</p> <p>. tion precedent to his authority to act in performance of the duties of the office.</p> <p>As the act of 1882 created a distinct, separate office, with a fixed annual salary for the incumbent, to be paid by the Secretary of the Treasury; as the plaintiff was legally appointed thereto, by the Secretary under and by virtue alone of that act; and as he entered upon the discharge of the duties appertaining to that position, he was entitled to demand the salary attached by Congress to the office.</p>