United States v. Brindle

Citations

• 110 U.S. 688
• 4 S. Ct. 180
• 28 L. Ed. 286
• 1884 U.S. LEXIS 1729

Syllabus

<p>Office — Public Lands — Salary—Statutes.'</p> <p>A receiver of public moneys for a district of public lands subject to sale where the annual salary is $2,500, is only entitled to retain from the military bounty-land fees received by him during his term of office sufficient, with his commissions on cash sales of public lands, to make up his annual salary. United States v. Babbit, 1 Black, 55, adhered to.</p> <p>A receiver of moneys from the sale of public lands whose annual salary amounted • to $2,500, was also appointed agent for the sale of Indian trust lands under the treaty of' July 17th, 1854, with the Delaware Indians, 10 Stat. 1048 : Held, That he was entitled to eommigsions on the sales of Indian lands made by him, although they increased his annuál compensation to a greater amount than $2,500. '</p> <p>§ 18 of the Act of August 31st, 1852, 10 Stat. 100 [Bev. Stat. § 1763], which provided that “ no person hereafier who holds or shall hold any office under the government of the United States, whose salary or annual compensation shall amount to the sum of $2,500, shall receive compensation for discharging the duties of any other office,” did not forbid the allowance of extra compensation to such an officer for the performance of duties not imposed upon him by an office under the government of the United States. Converse v. The United States, 21 How. 463,. cited and approved to this extent.</p>