Kingston v. United States

Citations

• 44 Ct. Cl. 44
• 1908 U.S. Ct. Cl. LEXIS 2
• 1908 WL 733

Syllabus

<p>On the defendants’ Demurrer.</p> <p>The questions involved in this case are: (1) Whether a “substitute letter carrier” is entitled to pay while he is familiarizing himself with the duties to he performed by him; (2) whether he is entitled to extra pay for service in excess of eight hours a day.</p> <p>I.There is no law authorizing payment to a “ substitute letter carrier ” for time consumed in familiarizing himself with duties to be performed when he shall take the place of the regular letter carrier. The time spent by him in qualifying himself to perform the service when the r'egular letter carrier ceases to perform it is not service rendered.</p> <p>II.The second question is answered by the decision of the court in the preceding case of Alderman.</p> <p>III.The Appropriation Act Sd March, 1.901 (31 Stat. L., pp. 1099, 1103), making appropriations for pay of letter carriers and of substitute letter carriers can1’ not be held to create new rights. It only carries out existing law.</p>