Gunnison v. United States

Citations

• 30 Ct. Cl. 485
• 26 Ct. Cl. 382

Syllabus

<p>On the defendants’ Appeal.</p> <p>In 1889 the Secretary of the Treasury fixes the compensation of a shipping commissioner at not to exceed $100 per month. The commissioner employs a clerk at $25, and reports the fact in his monthly returns. The Secretary approves his accounts. He now sues for additional compensation under the act 19th June, 1886, and for the salary of his clerk.</p> <p>The court below decides:</p> <p>1. A shipping- commissioner is not entitled to fees for shipping and discharging- crews under the Act 19th June, 1884 (24 Stat. L., 80, § 2). Since the Act 26th, June, 1884 (23 Stat. L., 59), their fees are paid into the Treasury and their compensation is determined by the Secretary.</p> <p>2. A specific power conferred by law upon a public officer to determine the compensation of his subordinates can not be reviewed; his judg-ment and discretion are conclusive.</p> <p>3. When a shipping commissioner reports monthly in his returns that he has employed a clerk and paid his salary, and the Secretary of the Treasury indorses on the return “ The services enumerated within appear to have been necessarily rendered,” it will be deemed an approval of the employment.</p>